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HomeMy WebLinkAbout08.18.25 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, August 18, 2025 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 5.1. Recognition of Firefighter Katelynn Scholl's Military Service and Flag of Honor Join Chief Price in honoring the service of Firefighter Scholl. Agenda Item: Recognition of Firefighter Katelynn Scholl's Military Service and Flag of Honor - Pdf 4 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the City Council during citizen comment time.) 7. CONSENT AGENDA 7.1. Minutes of the August 4, 2025 City Council Work Session Agenda Item: Minutes of the August 4, 2025 City Council Work Session - Pdf 5 - 8 7.2. Minutes of the August 4, 2025 Regular City Council Meeting Agenda Item: Minutes of the August 4, 2025 Regular City Council Meeting - Pdf 9 - 13 7.3. Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fourth Addition Agenda Item: Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fourth Addition - Pdf 14 - 16 Page 1 of 104 7.4. Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fifth Addition Agenda Item: Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fifth Addition - Pdf 17 - 19 7.5. Payment of Claims Agenda Item: Payment of Claims - Pdf 20 - 21 Payment of Claims 7.6. Staff Approvals & Recommendations Agenda Item: Staff Approvals & Recommendations - Pdf 22 7.7. Alta Access and Alta Video Upgrade Agenda Item: Alta Access and Alta Video Upgrade - Pdf 23 - 35 7.8. Accept Bids and Award a Contract for the Fire Station #1 Reroof Project Agenda Item: Accept Bids and Award a Contract for the Fire Station #1 Reroof Project - Pdf 36 - 92 7.9. Donation from Michelle Bade to the Rambling River Center Agenda Item: Donation from Michelle Bade to the Rambling River Center - Pdf 93 - 94 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Ordinance 2025-006 Amending Titles 6 and 10 of the Farmington City Code as it Relates to the Keeping of Honey Bees and the Abatement of Nuisances; and Amending Title 8, Chapter 12, Fees and Charges Schedule Motion to approve and pass Ordinance 2025-006 Amending Titles 6 and 10 of the Farmington City Code as it Relates to the Keeping of Honey Bees and the Abatement of Nuisances; and Amending Title 8, Chapter 12, Fees and Charges Schedule. Agenda Item: Ordinance 2025-006 - An Ordinance Amending Titles 6 and 10 of the Farmington City Code as it relates to the Keeping of Honey Bees and the - Pdf 95 - 102 12.2. Resolution Accepting Grant Award from CenterPoint Energy Community Safety Grant Program 103 - 104 Page 2 of 104 Adopt Resolution 2025-058 Accepting a Grant Award from CenterPoint Energy Community Safety Grant to Support the Purchase of Personal Flotation Devices (PDFs) to the Farmington Fire Department, in the amount of $2,500.00. Agenda Item: Resolution Accepting Grant Award from CenterPoint Energy Community Safety Grant Program - Pdf 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Matt Price, Fire Chief Department: Fire Subject: Recognition of Firefighter Katelynn Scholl's Military Service and Flag of Honor Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Firefighter Scholl has recently returned from a year-long deployment to Iraq. During her deployment, Firefighter Scholl Flew a flag in honor of the Fire Department. DISCUSSION: Firefighter Scholl has served her Country, State, and Community during her time in the Minnesota Army National Guard and with the Farmington Fire Department. Understanding the date that Firefighter Scholl flew the flag in Iraq in honor of the Fire Department. Recognizing the sacrifices that Firefighter Scholl has done for her Country, State, and Community. Paying respect to Firefighter Scholl's commitment to serving. ACTION REQUESTED: Join Chief Price in honoring the service of Firefighter Scholl. Page 4 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 4, 2025 City Council Work Session Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Minutes of the August 4, 2025 City Council Work Session are attached for City Council approval. ACTION REQUESTED: Approve the minutes of the August 4, 2025 City Council Work Session. ATTACHMENTS: 08.04.25 Work Session Minutes Page 5 of 104 Work Session Minutes of August 4, 2025 Page 1 of 3 City of Farmington City Council Work Session Minutes Monday, August 4, 2025 The City Council met in a work session on Monday, August 4, 2025, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 5:30 pm. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Jake Cordes, and Nick Lien Members Absent: Councilmember Steve Wilson Staff Present: David Chanski, Interim City Administrator/HR Director Deanna Kuennen, Community & Economic Development Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Nate Siem, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Lien to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 Comprehensive Plan Amendment – Eureka Township Director Kuennen presented a proposed Comprehensive Plan Amendment from Eureka Township which was approved by the Town Board on June 10, 2025. Per State Statutes, the Township is required to provide notification and an opportunity for review and comment by adjacent jurisdictions. The City received notification on July 2nd. The Township is looking to guide approximately 318 acres of land that is contiguous to the city’s southern boundary as commercial–industrial. The portion of the city that is contiguous to these 318 acres is currently Page 6 of 104 Work Session Minutes of August 4, 2025 Page 2 of 3 guided as Agriculture and has a development staging timeframe of post 2040 and in the 2024 Comprehensive Plan. At this time, Staff does not anticipate the land use guidance or development staging timeframe changing for this area of the city with the upcoming 2050 Comprehensive Plan Update. Discussion ensued, including Council in support of what the Township is doing and that Staff’s questions for the Township are valid. Mayor Hoyt recommended, and Councilmember Lien agreed, that the verbiage in our Eureka/Farmington Planning Advisory Committee should be changed to meetings twice per year. The City Council would appreciate updates in real time. Planning Manager Wippler will submit a response to Eureka Township on behalf of the City. 3.2 CR 31 and CR 74 Corridor Study Update Director Powell provided an update for the City Council on the CR 31 and CR 74 Corridor Study. A Project Management Team (PMT) kickoff meeting was held last October and has been meeting regularly since. Tow open houses have been hosted by the City, the most recent being held on July 22nd. A separate meeting was also held with ISD 192 representatives in April of this year. Preliminary design is expected to be completed by the end of 2025, with construction expected to occur in 2027. Discussion ensued. 3.3 City Award Discussion Interim Administrator Chanski said the City does not have an official City award or any kind of formal award. As such, there is no formal process for recognizing Staff retirements or significant departures, the completion of service by Councilmembers or Committee Members, or the recognition of community members who make significant impacts on the community. Council is on board with this idea, which was also brought up by Councilmember Wilson a few years ago. Discussion included being consistent, a formal standardized process would be beneficial, and that an average size group of people (perhaps an internal and an external group) would meet on an occasional basis. Incorporate something into the newsletter, such as “Meet the Team.” Farmington Page 7 of 104 Work Session Minutes of August 4, 2025 Page 3 of 3 Fix could include, “I noticed when one of your employees did...” Recognize a community member doing something good for the community, but in a way to not make it public. Council directed Staff to move forward, let the committee come up with what’s possible and create something without boundaries, and implement a consistent policy. 4. COUNCIL COMMITTEE UPDATE 5. CITY ADMINISTRATOR UPDATE 6. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to adjourn the meeting at 6:32 pm. Motion carried: 4 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 8 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 4, 2025 Regular City Council Meeting Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Minutes of the August 4, 2025 Regular City Council Meeting are attached for City Council approval. ACTION REQUESTED: Approve the minutes of the August 4, 2025 Regular City Council Meeting. ATTACHMENTS: 08.04.25 Council Minutes Page 9 of 104 Regular City Council Meeting Minutes of August 4, 2025 Page 1 of 4 City of Farmington Regular Council Meeting Minutes Monday, August 4, 2025 The City Council met in regular session on Monday, August 4, 2025, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE Mayor Hoyt led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, and Nick Lien Members Absent: Councilmember Wilson Staff Present: David Chanski, Interim City Administrator/HR Director Amy Schmidt, City Attorney Deanna Kuennen, Community & Economic Development Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Nate Siem, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Also Present: Bridget and Oliver Cordes Gary Rutherford, Police Chief – Retired 4. APPROVE AGENDA Motion was made by Councilmember Cordes and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS Page 10 of 104 Regular City Council Meeting Minutes of August 4, 2025 Page 2 of 4 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS The following citizens addressed the Council: • Andrew Plotter, 4345 220th Street West, Farmington, MN • Nate Ryan, 22390 Cambrian Way, Farmington, MN 7. CONSENT AGENDA 7.1 Gambling Event Permit Application for Raffle at the Church of St. Michael, September 28, 2025 7.2 Minutes of the July 21, 2025 Regular City Council Meeting 7.3 Consent to Assignment of Development Contract – Dakota Meadows Preserve 1st Addition 7.4 Financial Review for the Quarter Ending June 30, 2025 7.5 Payment of Claims 7.6 Transition of the City’s Purchasing Card Program to US Bank 7.7 Fire Service Agreement with Dakota County Agricultural Society 7.8 Staff Recommendations and Approvals, including the promotions of: • Bob Sauter, promoted from Police Sergeant to Captain • Andrew Van Dorn, promoted from Police Sergeant to Captain 7.9 Professional Services Agreement with Emmons & Olivier Resources, Inc. for the 4th and Willow TSS Reduction Feasibility Study 7.10 Purchase of a Brine Equipment 7.11 Receive Bids and Award a Contract for the 2025 Mill & Overlay Motion was made by Councilmember Cordes and seconded by Councilmember Lien to approve the Consent Agenda, as presented. Motion carried: 4 ayes / 0 nays 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY COUNCIL ROUNDTABLE Councilmember Lien: Everybody be safe at National Night Out tomorrow – hope you can find time to get out with your neighbors and have a good conversation. Also, it’s fair week, so be safe, watch for kids, watch for adults, and have a good time. I can’t believe it’s that late in the year already. Page 11 of 104 Regular City Council Meeting Minutes of August 4, 2025 Page 3 of 4 Councilmember Cordes: I want to thank Kristie Kerr and the Ambassadors for coming to the last meeting. I did watch it when I returned, and they were all eloquent, as always. Interim Administrator Chanski: You may remember back in June that we were notified that the City was a finalist for two awards through the Minnesota Association of Government Communicators. July 30th was their Awards Ceremony, and at that ceremony, we received two awards. The first was a Northern Lights Award, which is their highest-level award for Best Use of Humor for Small Entity and that was for Josh Solinger’s annual liquor special videos. And then we also received a Bronze Award for Website Design or Redesign for Small Entity and that was for the City’s new website. So, I want to thank Caryn Hojnicki, Josh Solinger, Peter Gilbertson, and Tim Klausler and his team for all of their hard work. It is because of them that these two awards were made possible. I also want to recognize and congratulate Bob Sauter and Andrew Van Dorn on their promotions to Captain, which you just approved as part of the Consent Agenda. Also, last Wednesday, we had the opportunity to recognize five Firefighter candidates who officially graduated and are now full-on Paid-on-Call Firefighters with the City of Farmington. Lastly, I am looking forward to being part of the City’s contingent for National Night Out tomorrow. Director Kuennen: A reminder that our EDA is partnering with DCTC and Inver Hills to offer AI for Business. That will be held on August 13th from 2-4 pm at the Farmington Library. So, for any interested businesses that are in Farmington, please reach out and we’ll make sure you get the registration information. Director Powell: The Mill & Overlay contract that you approved this evening, this work does extend into October. It’s less disruptive than street reconstruction and we allow a longer time period to complete it. We keep our unit prices down and, so far, that’s been successful. We are looking forward to working with McNamara again this year and, when we do the Mill & Overlay, usually it’s in and out. I think last year was less than a week from start to finish. Director Omlid: A reminder and invitation to the community: The Rambling River Center Grand Reopening and Ribbon Cutting event is Wednesday, August 13th, at 10 am. We’ll take folks on tours and will have some celebratory cake and coffee. We invite you to please come celebrate the new and improved Rambling River Center. Page 12 of 104 Regular City Council Meeting Minutes of August 4, 2025 Page 4 of 4 Director Sommerland: On tonight’s Consent Agenda, you accepted the second quarter financial report, and I just wanted to note that, for the General Fund, it showed revenues above 50% and the expenses below 50%. So, that is a reflection of our strong financial position and that we’re managing resources responsibly. Chief Siem: I want to say again, thank you for approving the promotions of now Captain Bob Sauter and Captain Andrew Van Dorn to their positions. I want to thank many here at the tables that assisted with that process. The interviews were very difficult. The selection was incredibly difficult. We had four amazing candidates, and it was great getting to know them in the interviews a little more, and I think they’ll do a great job. I look forward to presenting them to you at the next meeting or the first meeting in September. Also, tomorrow night is National Night Out, and I look forward to seeing you all out there. Mayor Hoyt: The fair started today officially. Sounds like there are some new attractions and new features out there, so that’s always good for the community. National Night Out tomorrow. We have the ribbon cutting at the Rambling River Center. A lot is happening and, before we know it, kids are going to be back in school, and summer just flew right by. 14. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to adjourn the meeting at 7:18 pm. Motion carried: 4 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 13 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fourth Addition Meeting: Regular Council - Aug 18 2025 INTRODUCTION: The Developer, CC Vita Attiva, LLC, received approval from the City Council for the Vita Attiva at South Creek Fourth Addition final plat on June 16, 2025. Section 11-2-3(E) of the City Code requires that, upon approval of the final plat by City Council, the Developer shall record it with the Dakota County Recorder within 6 months of the approval or the approval is considered void, unless a time extension is requested by the Developer and submitted in writing and approved by the City Council. Therefore, the Vita Attiva at South Creek Fourth Addition final plat needs to be recorded by December 16, 2025 to meet this deadline. DISCUSSION: Paul Whiteman, on behalf of CC Vita Attiva, LLC, has submitted a letter dated August 5, 2025 requesting that the City Council grant a 6-month time extension to this requirement. The letter requesting the extension is attached for your reference. ACTION REQUESTED: Adopt Resolution 2025-055 allowing a 6-month extension (June 16, 2026) for the ecording of the Vita Attiva at South Creek Fourth Addition final plat with the Dakota County Recorder. ATTACHMENTS: Plat Recording Extension Letter Vita Attiva 4th 5th Signed 8-5-25 2025-055 Vita 4th Recording Extension Page 14 of 104 August 5, 2025 City of Farmington 430 Third Street Farmington, MN 55024 Attn: Tony Wippler RE: Final Plat Recording Extension Request Vita Attiva at South Creek Fourth and Fifth Additions Paul Whiteman, President and Manager of VAD EQMBR I, LLC, which is the manager of CC Vita Attiva, LLC, the applicant and owner for the Vita Attiva at South Creek Fourth and Fifth Additions, would like to request an extension to record the final plats of Vita Attiva at South Creek Fourth and Fifth Additions. These two final plats were approved by the City of Farmington on June 16, 2025 and the current date the two approved final plats are to be recorded by is December 16, 2025 or six months after the final plats were approval by the City of Farmington. The extension request is for six additional months to record the final plats or June 16, 2026. If you could place this on the next City Council meeting for review and approval that would great. Please let me know if there is anything else you need from me. Thanks. CC Vita Attiva, LLC a Minnesota Limited Liability Company By: VAD EQMBR I, LLC Its: Manager By: Date: Paul D. Whiteman Title: President / Manager 8.5.25 Page 15 of 104 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-055 A RESOLUTION ALLOWING AN EXTENSION FOR THE RECORDING OF THE FINAL PLAT VITA ATTIVA AT SOUTH CREEK FOURTH ADDITION WHEREAS, pursuant to Resolution 2025-044, the City Council approved the Final Plat of Vita Attiva at South Creek Fourth Addition subject to the following conditions: 1. The satisfaction of all engineering comments related to the construction plans for grading, utilities and streets. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs paid. Submission of all other documents required under the Development Contract shall be required. WHEREAS, Section 11-2-3(E) requires that if a final plat is approved by the City Council, the subdivider must record the final plat with the Dakota County Recorder within six (6) months of the approval date or approval of the final plat shall be considered void, unless an extension is submitted in writing and approved by the City Council. The Vita Attiva at South Creek Fourth Addition must be recorded with Dakota County on or before December 16, 2025. WHEREAS, the developer of Vita Attiva Fourth Addition has requested the City Council approve a six (6) month extension for filing of the final plat at Dakota County; and NOW, THEREFORE, BE IT RESOLVED, that after due consideration, the requested extension for filing of the final plat for the aforementioned subdivision to June16, 2026 is hereby approved. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. ATTEST: Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 16 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Request for Time Extension for Recording Final Plat - Vita Attiva at South Creek Fifth Addition Meeting: Regular Council - Aug 18 2025 INTRODUCTION: The Developer, CC Vita Attiva, LLC, received approval from the City Council for the Vita Attiva at South Creek Fifth Addition final plat on June 16, 2025. Section 11-2-3(E) of the City Code requires that, upon approval of the final plat by City Council, the Developer shall record it with the Dakota County Recorder within 6 months of the approval or the approval is considered void, unless a time extension is requested by the Developer and submitted in writing and approved by the City Council. Therefore, the Vita Attiva at South Creek Fifth Addition final plat needs to be recorded by December 16, 2025 to meet this deadline. DISCUSSION: Paul Whiteman, on behalf of CC Vita Attiva, LLC, has submitted a letter dated August 5, 2025 requesting that the City Council grant a 6-month time extension to this requirement. The letter requesting the extension is attached for your reference. ACTION REQUESTED: Adopt Resolution 2025-056 allowing a 6-month extension (June 16, 2026) for the recording of the Vita Attiva at South Creek Fifith Addition final plat with the Dakota County Recorder. ATTACHMENTS: Plat Recording Extension Letter Vita Attiva 4th 5th Signed 8-5-25 2025-056 Vita 5th Recording Extension Page 17 of 104 August 5, 2025 City of Farmington 430 Third Street Farmington, MN 55024 Attn: Tony Wippler RE: Final Plat Recording Extension Request Vita Attiva at South Creek Fourth and Fifth Additions Paul Whiteman, President and Manager of VAD EQMBR I, LLC, which is the manager of CC Vita Attiva, LLC, the applicant and owner for the Vita Attiva at South Creek Fourth and Fifth Additions, would like to request an extension to record the final plats of Vita Attiva at South Creek Fourth and Fifth Additions. These two final plats were approved by the City of Farmington on June 16, 2025 and the current date the two approved final plats are to be recorded by is December 16, 2025 or six months after the final plats were approval by the City of Farmington. The extension request is for six additional months to record the final plats or June 16, 2026. If you could place this on the next City Council meeting for review and approval that would great. Please let me know if there is anything else you need from me. Thanks. CC Vita Attiva, LLC a Minnesota Limited Liability Company By: VAD EQMBR I, LLC Its: Manager By: Date: Paul D. Whiteman Title: President / Manager 8.5.25 Page 18 of 104 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-056 A RESOLUTION ALLOWING AN EXTENSION FOR THE RECORDING OF THE FINAL PLAT VITA ATTIVA AT SOUTH CREEK FIFTH ADDITION WHEREAS, pursuant to Resolution 2025-045, the City Council approved the Final Plat of Vita Attiva at South Creek Fifth Addition subject to the following conditions: 1. The satisfaction of all engineering comments related to the construction plans for grading, utilities and streets. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs paid. Submission of all other documents required under the Development Contract shall be required. WHEREAS, Section 11-2-3(E) requires that if a final plat is approved by the City Council, the subdivider must record the final plat with the Dakota County Recorder within six (6) months of the approval date or approval of the final plat shall be considered void, unless an extension is submitted in writing and approved by the City Council. The Vita Attiva at South Creek Fifth Addition must be recorded with Dakota County on or before December 16, 2025. WHEREAS, the developer of Vita Attiva Fifth Addition has requested the City Council approve a six (6) month extension for filing of the final plat at Dakota County; and NOW, THEREFORE, BE IT RESOLVED, that after due consideration, the requested extension for filing of the final plat for the aforementioned subdivision to June16, 2026 is hereby approved. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. ATTEST: Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 19 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Minnesota Statutes require that all claims for payment be presented to the City Council for review and approval. DISCUSSION: The City Council has established a process to review and approve claims for payment at each regular meeting. The list of claims for the period of 07/30/2025 to 08/12/2025 is being presented for consideration, ensuring compliance with State law and maintaining proper financial oversight. BUDGET IMPACT: The claims paid will reduce the available budget for the accounts listed in the detailed report provided to the Council. ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 08-18-2025 Page 20 of 104 CLAIMS FOR APPROVAL 7/30/2025-08/12/2025 CHECK PAYMENTS 555,000.82$ ELECTRONIC PAYMENTS 573,897.02$ TOTAL 1,128,897.84$ The City Council receives a detail list of claims paid that is available to the public upon request. CITY OF FARMINGTON SUMMARY PAYMENT OF CLAIMS August 18, 2025 Page 21 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Asst City Admin/HR Director Department: HR Subject: Staff Approvals & Recommendations Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Staff recommends the following:  Rehire of Kevin Conrad, Rodney Koch, and Jake Novak as Seasonal Arena Supervisors  Appointment of Shanna Hofacker as Part-Time Liquor Store Clerk  Approval of the completion of 6-month probationary period for Assistant City Administrator/HR Director David Chanski DISCUSSION: The winter seasonal employee hiring process has begun. Kevin Conrad, Rodney Koch, and Jake Novak have all served the City as seasonal employees for a number of years, and we are glad to have them back on board. The appointment of Shanna Hofacker will bring Liquor Operations back to a full level of staff after a few resignations that occurred earlier this summer. Assistant City Administrator/HR Director Chanski will complete his 6-month probationary period on August 27. As the City Administrator is the ACA's direct supervisor but the position is vacant, the City Council is the next appropriate level for approving his completion of probation. BUDGET IMPACT: All recommended actions are included in the 2025 Budget. ACTION REQUESTED: Seasonal as Novak Jack and Koch, of Conrad, Kevin Arena rehire the Approve Rodney Supervisors; the appointment of Shanna Hofacker as Part-Time Liquor Store Clerk; and the completion of Assistant City Administrator/HR Director David Chanski's 6-month probationary period. Page 22 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Peter Gilbertson, IT Director Department: IT Subject: Alta Access and Alta Video Upgrade Meeting: Regular Council - Aug 18 2025 INTRODUCTION: City IT Staff is seeking approval to upgrade the City’s current door access and video surveillance systems. This project includes replacing the Feenics (ACRE) access control system with Alta Access and migrating from the on-premise Milestone video platform to the Alta Video cloud-based solution. The proposal includes five years of licensing for both systems, providing locked-in pricing, streamlined support, and enhanced functionality across all City facilities. DISCUSSION: Access Control (Alta Access): The current Feenics system manages access across 69 doors at 12 locations. As part of the upgrade, Alta Access control boards will be installed alongside the existing controllers. All wiring, field devices, HID readers, and credentials will remain in place. There is no functionality loss, only gained features. Key benefits of Alta Access include:  Cloud-based system with centralized management and real-time monitoring  Minimal hardware replacement and use of existing infrastructure  Scalable for future expansion  Enhanced uptime and remote diagnostics  Pair cameras to readers for real-time footage of card swipes Video Surveillance (Alta Video): The current Milestone video system is difficult and time-consuming to manage. IT Staff currently manage 5 milestone video servers. Retrieving footage regularly takes over 30 minutes, resulting in IT Tickets, as it is not intuitive for end users. Alta Video allows Staff to locate, download, and share MP4 clips in minutes, significantly improving efficiency. Cloud connectors will be installed to support existing cameras and migrate them to the Alta cloud platform. Page 23 of 104 Key benefits of Alta Video include:  Cloud-native platform with secure remote access to live and recorded footage  Camera Agnostic - accepts the City's current cameras  Advanced analytics for facial, object, and vehicle recognition for easier searches  Improved redundancy and data protection  Scalable system to accommodate future City needs Strategic Alignment: Motorola Solutions owns Alta and Avigilon, the same company that provides the Farmington Police Department’s radios and potentially future solutions such as body-worn and dash cameras. Moving to Motorola-owned systems offers strong potential for future integration between video surveillance, access control, and public safety platforms, creating a more connected and responsive municipal infrastructure. This transition also aligns with the IT Department’s strategic goal to leverage cloud-based solutions wherever practical. By shifting video and access control to the cloud, the City reduces reliance on physical servers and on-premises hardware, lightening the maintenance load on IT Staff, improving uptime, and allowing Staff to focus on higher-priority initiatives instead of server upkeep. BUDGET IMPACT: The project ($197,621.64) will be funded using available fund balance from the Information Technology Internal Service Fund. Approval of this item will also authorize a budget amendment to reflect the use of these funds This project uses CPC Contract 23.3, giving us pre-approved discounted pricing (AFF or better) and following all required guidelines — eliminating the need for bidding. ACTION REQUESTED: City IT Staff requests that the Mayor and Council review and approve the attached contracts and authorize a budget amendment to fund the project. ATTACHMENTS: Alta Access Proposal Alta Video Proposal Page 24 of 104 Page 25 of 104 Page 26 of 104 Page 27 of 104 Page 28 of 104 Joshua Hoyt, Mayor 8.18.2025 Page 29 of 104 Page 30 of 104 Page 31 of 104 Page 32 of 104 Page 33 of 104 Page 34 of 104 Proposal Summary Proposal Name: Alta Video Conversion Proposal Amount: $146,393.07 Payment Terms: Net 30 Proposal Contacts Invoicing Contact Proposed To Peter Gilbertson pgi I bertson@fa rmi ngtonmn.gov Shipping Site Peter Gilbertson Accounts Payable AccountsPayable@farmingtonMN.GOV 325 Oak St Farmington, MN 55024 United States 325 Oak St Farmington, MN 55024 United States Proposal Acceptance 430 3rd Street Farmington, MN 55024 United States Signing this proposal constitutes acceptance of all proposal terms and conditions contained within City of Farmington Printed Name and Title: Signature: PO Number (Optional): Date: ---------------------- Affinitech, Inc. Printed Name and Title: TimFerrian ------Signature: ..-· J.�� Created on 08/06/25 21:54:40 by Tim Ferrion Director of Sales & Marketing Date: 8/6/2025 PJQQ10965-02 5 of5 Joshua Hoyt, Mayor 8.18.2025 Page 35 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Accept Bids and Award a Contract for the Fire Station #1 Reroof Project Meeting: Regular Council - Aug 18 2025 INTRODUCTION: City Council, at its July 21, 2025 meeting, approved Plans and Specifications and authorized the Advertisement for Bids for the Fire Station #1 Reroof Project. The project includes full replacement of the existing 10,000 square foot roof system and removal and replacement of the existing Kalwell skylight. be will membranes roofing and insulation, underlayment, roofing All flashing, systematically removed, disposed of properly, and replaced. DISCUSSION: An advertisement for bids was posted in the Dakota County Tribune on July 25 and August 1, 2025, on QuestCDN Online, INSPEC’s website, and the City’s website. Bids were opened on August 13, 2025 at 1 pm. Seven (7) bids were received. The apparent low bidder is Proficient Construction of Lake Elmo, MN, in the amount of $351,396.95. Base bid included a 60 mil-fully-adhered Ethylene Propylene Diene Monomer (EPDM) roof system with a 20-year No Dollar Limit (NDL) warranty. Add Alternate was to provide and install a 90 mil EPDM membrane with a 30-year NDL warranty in lieu of a 60 mil membrane. The bids were as follows: Proficient Construction successfully completed a very similar project for the City of Stillwater for Page 36 of 104 their Public Works Building. Staff’s recommendation is to move forward with the Add Alternate, which includes the 90 mil EPDM membrane and 30-year NDL warranty. Thus, the cost for the project would be $351,396.95. BUDGET IMPACT: Kraus-Anderson’s Facility Condition Assessment estimate for this project was $312,390, which included architect and engineering costs. According to INSPEC, roofing prices have been very volatile the last six months due to material costs, tariffs, and labor shortages. City Council, at its April 7, 2025 meeting, approved a Professional Services Agreement with INSPEC for Roofing Consultation Services for a lump sum fee not to exceed $70,000 inclusive of reimbursable expenses. The total cost for the project, including INSPEC’s Roofing Consultation Services will be $421,396.95. Funding for the project will be from the Building Maintenance Fund. The 2025 adopted budget amount for this project was $312,390. The additional funds required to cover the difference will be from existing funds in the Building Maintenance Fund. With construction projects there might be surprises or issues requiring a change that can’t wait for the next City Council meeting for approval. Thus, Staff is requesting approval of change orders for a total amount of $35,140 with this also being the maximum amount allowed for any single change order increase without prior City Council approval. ACTION REQUESTED: Staff recommend acceptance of the bids and award of a contract for the Fire Station #1 Reroof Project to Proficient Construction of Lake Elmo in the amount of $351,396.95. Approve and authorize the following:  AIA 201-2017  AIA 101-2017 Exhibit A (Insurance and Bonds)  Supplementary Conditions  Change orders for a total of $35,140 with this also being the maximum amount allowed for any single change order increase without prior City Council approval  Allow Staff to execute these and other relevant documents  Amend the budget accordingly ATTACHMENTS: 00 71 00 AIA A201 General Conditions 00 72 01 AIA Exhibit A - Ins Bonds 00 72 00-2017 Supplementary Conditions Page 37 of 104 “A A') .LJ..1.Documentrum -201 7ConditionsoftheContractforConstruction 8 TIM OWNER CONTRACTOR ARCHHECT SUBCONTRACT for the following PROJECT: (Name and location or address) Fire Station 1 21625 Denmark Avenue Farmington,MN 55024 ?Vame,legal status and address) City of Farmington 430 Third Street Farmington,MN 55024 THEARCHITECT: (Name,legal status and address) Inspec,Inc. 1000 Parkers Lake Road Wayzata,MN 55391 TABLEOF ARTICLES 1 GENERALPROVISIONS ADDl'lTONs AND DELETTONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modi?cation. For guidance in modifying this document to include supplementary conditions,see AIA Document A503m—201 7,Guide for Supplementary Conditions. 10 11 12 13 PAYMENTSANDCOMPLETION PROTECTIONOF PERSONSANDPROPERTY INSURANCEANDBONDS UNCOVERINGANDCORRECTIONOF WORK MISCELLANEOUSPROVISIONS TERMINATION0R SUSPENSIONOF THECONTRA 15 CLAIMSANDDISPUTE AIADocument A201 —2017.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmerican Instituteof Architects,““AmericanInstituteof Architects,"“AIA,“the AIALogo,and “AIAContract Documents"are trademarks of The American Instituteof Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one~time use only,and may only be used in accordance with the AIAContract Documents“Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25i7a6f38c1b66) 6 CONSTRUCTIONBYOWNEROR BYSEPARATECONTRACTO 7 CHANGESINTHEWOR OWNE Page 38 of 104 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 Advertisementor 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, 3.12.101,4.2.7,9.3.2,13.4.1 Arbitration 8.3.1.15.3.2,15.4 ARCHITECT 4 Architect,De?nition 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,Limitationsof 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 Administrationof 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 De?nitions 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 Certi?cate of Substantial Completion 9.8.3,9.8.4,9.8.5 Certi?cates 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 Certi?cates of Inspection,Testing or Approval 13.4.4 AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All lights reserved.“TheAmerican Institute of Architects,“”American Instituteof Architects,"“AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with the AIA Contract Documents3Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25f786f38c1b66)Page 39 of 104 Certi?cates 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,De?nition 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,De?nition 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,De?nition 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, 9.10,12.2.1412,15.1.2 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,l3.4.2,13.5,14.1.1,14.2.1.3, 1528,1542.15.4.3 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 J oinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Construction Change Directive,De?nition 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 Suhcontracts 5.4,14.2.2.2 Continuing Contract Performance 15.1.4 Contract,De?nition of 1.1.2 CONTRACT,TERNIINATION 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.],3.10,5.2,6.1 Contract Documents.Copies Furnishedand Use of 1.5.2,2.3.6,5.3 Contract Documents,De?nition 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,De?nition 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,De?nition of 8.1.1 CONTRACTOR 3 Contractor.De?nition 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 C ontractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5.3.14.2,4.2.4,6,11.3,12.2.4 AlADocumentA201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmerican Institute of Architects,”“AmericanInstitute of Architects,"“AIA,“the AIALogo,and “NA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31 :59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAConnect DocumentseTerms of Sen/ice.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes:(686d1d34aa2517a6f38c1b66)Page 40 of 104 Contractor’s Relationshipwith 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 Supervisionand 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 Speci?cations 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,De?nition 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 W ork,De?nition of 8.1.2 Date of Substantial Completion,De?nition of 8.1.3 Day,De?nition 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 VVithhold Certi?cation 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 De?nitions 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,De?nition of 1.1.5 Drawings and Speci?cations,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 1.1.3,1.1.6,3.4,3.5,3.8.2,3.8.3,312,3.13,3.15.1, 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 Executionand Progress of the Work 1.1.3.121,1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1, 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.l.1.3,14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1,4.2.9,9.8.2,9.10,12.3,14.2.4,14.4.3 Financial Arrangements,Owner’s 2.2.1,13.2.2,14.1.1.4 GENERAL PROVISIONS AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved.“The American Institute of Architects,”“AmericanInstitute of Architects,””AIA,"the AIALogo,and “NA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with the AIA Contract Documents,“Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d348a251786f38c1b66)Page 41 of 104 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4,10.3 Identi?cation of Subcontractors and Suppliers 5.2.1 Indemni?cation 3.17,3.18,9.6.8,9.10.2,10.3.3,11.3 Information and Services Required of the Owner 2.1.2,2.2,2.3,3.2.2,3.12.101,6.1.3,6.1.4,6.2.5, 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,De?nition of 1.1.8 Initial Decision Maker,Decisions 14.2.4.15.l.4.2,15.2.1,15.2.2.15.2.3,15.2.4, 15.2.5 Initial Decision Maker,Extent of Authority 14.24.15.142,15.2.1,15.2.2.15.2.3,15.2.4, 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 Instructionsto 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,De?nition 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 INSURA‘ICE 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 1.1.8.123,1.4,4.1.1,5.1,6.1.2,15.1.1 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 Limitationsof Liability 3.2.2,3.5,3.12.10,3.12.101,3.17,3.18.1,4.2.6, 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...,13.4, 14,15,15.1.2,15.l.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 831,151.32,15.2.1,15.2.5,15.2.6,15.3,15.4.1. 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,De?nition of 1.1.1 Modi?cations to the Contract 1.1.1,1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7.8.3.1, 9.7,10.3.2 Mutual Responsibility 6.2 Nonconforming Work,Acceptance of 9.6.6,9.9.3,12.3 Nonconfonning Work,Rejection and Correction of AIADocument A201 —2017.Copyright ©1911,1915,1918,1925,1937I1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,““American institute of Architects,““AIA,"the AIALogo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents‘3Terms of Service.To report copyright violations,email docinfo@aiacontracts.oom. User Notes:(686d 1d34aa25f736f38c1 b66)Page 42 of 104 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 11.14.1123 Notice of Claims 1.6.2,2.1.2.3.7.4,9.6.8,10.2.8,15.1.3,15.1.5, 1516,1528,15.3.2,15.4.1 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 1.1.1,2.4,3.9.2,7.8.2.2.115,12.1,12.2.2.1, 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 Owneras 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, 9.9.1,9.10.2,10.3.2.11.4,11.5,1222.123, 1322.143.14.4,15.2.7 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.] 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,Speci?cations 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,Certi?cates 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,De?nition 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,De?nition 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 ReguIations 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 AlADocument A201 —2017.Copyright ©191 1,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmerican institute of Architects,““AmericanInstitute of Architects,"”AIA,"the AIALogo,and "AIAContract Documents“are trademarks of The American institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsETerms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com_ User Notes:(686d1d34aa25t7a6f38c1b66)Page 43 of 104 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 Re?ew 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,.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,De?nition 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 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1.1212 Separate Contractors,De?nition of 6.1.1 Shop Drawings,De?nition 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 'JI Speci?cations,De?nition 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,De?nition 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 Subcontractnal Relations 5.3,5.4,9.3.1.2.9.6,9.10,10.2.],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,W'aivers 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,De?nition 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,De?nition 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 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 5.4.1.2,9.6.8.9.8.5,9.10.2,9.10.3,11.12.1422, 15.2.7 Surety,Consent of 9.8.5,9.10.2,9.10.3 Surveys 1.1.7,2.3.4 AIADocumentA201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmericanInstitute of Architects,““AmericanInstitute of Architects,"“AIA,"the AIA Logo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07108/2025 under Subscription No.20250098179 which expires on O1!31l2026,is not for resale,is licensed for one-time use only,and may only he used in accordance with the AIAContract Documents‘2Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts_com. User Notes:(686d1d34aa25f736f38c1b66)Page 44 of 104 Suspension by the Owner fnr Convenience 14.3 Suspension of the Work 3.7.5.5.4.2.14.3 Suspension or Terminationof 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 Terminationof the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERNIINATION 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"."’...52°22.3103113125315142, 5.2.5.3 5.4 6.2.47.,3 7.4 8.2.9....2.9319..,33 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 3.7.4.8.3.1.103 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 Snbrogation 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,De?nition 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, 9.103.132.13.3.2,15.4.4.2 Written Interpretations 4.2.11,4.2.12 Written Orders 1.1.1,2.4,3.9,7,8.2.2,1.2.1,12.2.1342.14.3.1 AlADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmerican Instituteof Architects,“‘Amencan Institute of Architects,“”AIA,“the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 whichexpires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents‘2Terms of Service.To report copyn‘ght violations,e—maildocinfo@aiacontracts.com. User Notes:(686d1d34aa25f736f38c1b66)Page 45 of 104 ARTICLE1 GENERALPROVISIONS §1.1Basic De?nitions §1.1.1The 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,Speci?cations,Addenda issued prior to executionof the Contract,other documents listed in the Agreement,and Modi?cations issued after execution of the Contract.A Modi?cation 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 speci?cally 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 anticipationof receiving bids or proposals,the Contractor‘s bid or proposal,or portions of Addenda relating to bidding or proposal requirements. §1.1.2The 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 modi?ed only by a Modi?cation.The Contract Documents shall not be construed to create a contractual relationship of any kind ('1)between the Contractor and the Architect or the Architect‘s consultants.(2)between the Owner and a Subcontractor or a Sub—subcontractor,(3)between the Owner and the Architect or the Architect‘s consultants.or (4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intendedto facilitate performance of the Architect's duties. §1.1.3The Work The term “Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to ful?ll the Contractor‘s obligations.The Work may constitute the whole or a part of the Project. §1.1.4The Project The Project is the total constructionof 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. §1.1.5The 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. §1.1.6The Specifications The Speci?cations 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. §1.1.7Instruments 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.speci?cations,and other similar materials. §1.1.8 InitialDecision Maker The Initial Decision Maker is the person identi?ed 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. §1.2Correlationand Intent of the Contract Documents §1.2.1 The Contract Documents are to be read and interpreted as a whole.The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents.If there are inconsistencieswithin or among part of the Contract Documents or between the Contract Documents and applicable standards,codes or ordinances.the Contractorshall provide the better quality or greater quantity of Work or comply with the more stringent requirements:either or all in accordance with the Architect’s interpretation.The terms and conditions of this subparagraph 1.2.1 shall not relieve the Contractor of any of its obligations as set forth in Article 3. AIADocument A201 —2017.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Instituteof Architects,”‘American Institute of Architects,“”AIA,“the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents”:Terms of Service.To report copyright violations,e—maildodnto@aiacontracts.com. User Notes:(686d1d34aa25f7a6f38c1b66)Page 46 of 104 .1 Before ordering any materials or doing any Work.the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements.No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensionsindicated on the Drawings.Any difference that may be found shall be submitted to the Architect for resolution before proceeding with the Work. .2 If a minor change in the Work is necessary due to actual ?eld conditions,the Contractor shall submit detailed drawings of such departure to the Architect for approval by the Architect before making the change. The Owner shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this Subparagraph 1.2.1.Actual or alleged con?icts or inconsistenciesbetween the Drawings and Speci?cations or other Contract Documents shall be brought to the Architect’s and Architect’s attentionin writing.prior to performing the affected Work.The Architect’s and Construction Manager‘s directions,as communicatedthrough the Architect,shall be followed by the Contractor. §1.2.1.3The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determinedthat any provision of the Contract Documents violates any law.or is otherwiseinvalid 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 e?ect to the parties’intentionsand purposes in executing the Contract. §1.2.2Organization of the Speci?cations 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. §1.2.3Unless 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 (I)speci?cally de?ned.(2)the titles of numberedarticles.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 modi?er 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,Speci?cations,and Other Instruments of Service §1.5.1The Architect and the Architect‘s consultants shall be deemed the authors and owners of their respective Instnnnents of Service,including the Drawings and Speci?cations.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 distributionto meet o?icial regulatory requirements or for other purposes in connectionwith 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,SubcontractorsSub—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 speci?c written consent of the Owuer.Architect,and the Architect‘s consultants. §1.6 Notice §1.6.1Except 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 AIADocument A201 —2017.Copyright ©191 1,1915,1918,1925,1937,1951,1959,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved.“The American Institute of Architects,““AmericanInstitute of Architects,"”AIA,"the AIALogo,and “AIAContract Documents”are trademarks orThe American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 0113112026,is not for resale,is licensed for onevtimeuse only,and may only be used in accordance with the AIA Contract DocumentssTerms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com_ User Notes:(686d1d34aa25f7a6l38c1b66) 10 Page 47 of 104 §2.2 [Not Used courier.or by electronictransmission if a method for electronic transmissionis set forth in the Agreement. §1.6.2Notice 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 certi?ed or registered mail,or by courier providing proof of delivery. §1.7 DigitalData 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 E203m—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 InformationModels 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 E203TM—2013.Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document GZOQTM—ZOIS.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. ARTICLE2 OWNER §2.1 General §2.1.1The Owner is the person or entity identi?ed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner‘s approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term “Owner“means the Owner or the Owner’s authorizedrepresentative. §2.1.2Work is to proceed as a no-lien Project in accordance with the laws of the State of Minnesota regarding public projects.Contractor shall provide to the Owner both a Labor and Material Payment Bond and a Performance Bond each in the amount of the Contract Price prior to the commencement of Work as required by Minnesota Statutes Section 574.26.The Contractor,for itself and for all who claim through the Contractor,acknowledges and agrees:(i)that because it is a public project.no lien shall attach to the real estate on which the Project is located or to any improvements now existing or to be constructedthereon in favor of the Contractor or any Subcontractor, mechanic.journeyman,laborer,material vendor,lessor of tools or equipment or any other party who may furnish work.materials.equipment.services.tools or machinery for the design or construction of improvements on the land.The Contractor shall also provide written notice of the no-lien status of this Project to all of its Subcontractors,material suppliers,equipment lessors and others that provide labor,material.equipment and/or services for the Project.Contractor shall defend.indemnify and hold the Owner and Architect harmless from any suit,lien.damages,losses or expenses.including reasonable attorneys"fees. §2.3 Informationand Services Required of the Owner §2.3.1Except 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. AIA Document A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,’‘AmericanInstitute of Architects,"”AlA,"the AIALogo,and "NA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 whichexpires on 0113112026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract DocumentsETerms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com. User Notes:(686d1d34aa25t7a6f38c1b66) 11 Page 48 of 104 §2.3.2 The Owner shall retain an architect lawfully licensedto practice architecture,or an entity lawfully practicing architecture,in the jurisdiction where the Project is located.That person or entity is identi?ed 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 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. §2.3.6Unless otherwiseprovided 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’sRight to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof.until the cause for such order has been eliminated;however.the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the bene?t of the Contractor or any other person or entity.except to the extent required by Section 6.1.3. §2.5 Owner’sRightto 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 correctionof 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 reimbursethe Owner for the reasonable cost of correcting such de?ciencies,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 suf?cient 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 ?le a Claim pursuant to Article 15. ARTICLE3 CONTRACTOR §3.1 General §3.1.1The Contractor is the person or entity identi?ed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be Ian-fully licensed.if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term "Contractor" means the Contractor or the Contractor‘s authorized representative. §3.1.2The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3The 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 administrationof the Contract,or by tests,inspections or approvals required or performed by persons or entities other than the Contractor. §3.2 Reviewof 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 observationswith requirements of the Contract Documents. AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved."The American Institute of Architects,““AmericanInstitute of Architects,"”AIA,"the AIA Logo,and “AIAContract Documents"are trademarks of The 12 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with the AIAContract Documents“Terms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com. User Notes:(686d1d343a25t7a6f38c1b66)Page 49 of 104 §3.2.2Because the Contract Documents are complementary,the Contractor shall.before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the informationfurnished by the Owner pursuant to Section 2.3.4,shall take ?eld measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional,unless otherwisespeci?cally provided in the Contract Documents. §3.2.3 The Contractor is not required to ascertainthat 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 discoveredby or made known to the Contractor as a request for informationin such form as the Architectmay require. §3.2.4 If the Contractor believes that additional cost or time is involved because of clari?cations or instructions the Architectissues 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.Ifthe 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 ?eld measurements or conditions and the Contract Documents,or for nonconformitiesof the Contract Documents to applicable laws, statutes,ordinances.codes,rules and regulations,and lawful orders of public authorities. §3.3 Supervisionand Construction Procedures §3.3.1The Contractor shall supervise and direct the Work,using the Contractor’s best skill and attention.The Contractor shall be solely responsible for,and have control over,constructionmeans,methods.techniques, sequences,and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give speci?c instructionsconcerning 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.Ifthe 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 alternativemeans,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. §3.3.2The Contractor shall be responsible to the Owner for acts and omissions of the Contractor‘s employees, Subcontractorsand their agents and employees,and other persons or entities performing portions of the Work for, or on behalf of,the Contractor or any of its Subcontractors. §3.3.3The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.4 Labor and Materials §3.4.1Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the W ork,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.2Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or orderedby the Architect in accordancewith Section 7.4,the Contractor may make substitutionsonly with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. §3.4.3The 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. AlADocument A201 -2017.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The Americaninstitute of Architects,“‘American Institute of Architects,"“AIA,"the AIALogo,and ”AIAContract Documents"are trademarks of The 13 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsETerms of Service.To report copyright violations,e-mail docinto@aiacontracts.com. User Notes:(686d1d34aa25t7a6f38c1 1366)Page 50 of 104 §3.5 Warranty §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,except for those inherent in the quality of the Work the Contract Documents require or permit. Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor‘s warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materialsand 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 accordancewith 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 enactedwhen bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 Permits,Fees,Notices and Compliancewith Laws §3.7.1 Unless otherwiseprovided 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 executionof the Contract and legally required at the time bids are received or negotiations concluded. §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 applicableto performance of the Work. §3.7.3If 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. ,8;3.7.4 Concealedor UnknownConditions If the Contractor encounters conditions at the site that are (l)subsurface or otherwiseconcealed physical conditionsthat 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 constructionactivities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 10 days after first observance of the conditions.The Architectwill promptly investigate such conditions and, if the Architect determinesthat 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 determinesthat 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 justi?ed.the Architect shall promptly notify the Owner and Contractor.in writing.stating the reasons. §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 instructedby 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 re uired to em 10 ersons or entities to whom the Contractor has AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved.“TheAmerican Institute of Architects,“‘AmericanInstitute of Architects,"“AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The American Instituteof Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for onevtime use only,and may only be used in accordance with the AIAContract Documents8 Temis of Service.To report copyright violations,e—maildocinfo@aiacontracts.com_ User Notes:(686d1d34aa25f7a6t38c1b66) 14 Page 51 of 104 reasonable objection. §3.8.2Unless otherwiseprovided 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,pro?t,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 re?ect (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. §3.8.3Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. 3.9 Superintendent 3.9.1The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor, and communicationsgiven to the superintendentshall be as binding as if given to the Contractor. §3.9.2The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and quali?cations 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. §3.9.3The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonableand 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 Constructionand SubmittalSchedules §3.10.1The 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 apportionmentof the Work by constructionactivity: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. §3.10.2The Contractor.promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect‘s approval.The Architect’s approval shall not be unreasonably delayed or withheld.The submittal schedule shall (1)be coordinated with the Contractor’s constructionschedule,and ('2)allow the Architect reasonabletime to review submittals.If the Contractor fails to submit a submittal schedule.or fails to provide submittals in accordance with the approved submittalschedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. §3.10.3The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3.11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, ConstructionChange Directives.and other Modi?cations.in good order and marked currently to indicate field changes and selections made during constniction,and the approved Shop Drawings,Product Data,Samples.and similar required subrnittals.These shall be in electronic form or paper copy,available to the Architect and Owner. and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. §3.12 Shop Drawings,Product Data and Samples §3.12.1Shop 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 AIADocument A201 —2017.Copyright©1911,1915,1918=1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,"‘Arnerican Instituteof Architects,"“AIA,"the AIALogo,and “AIAContract Documents“are trademarks of The 15 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/080025 under Subscription No.20250098179 which expires on 01/311'2026,is not for resale,is licensed for one-time use only,and may only he used in accordance with the AIA Contract DocumentssTerms of Service.To report copyright violations,email docinfo@aiacontracts.com. User Notes:(686d1d34aa2517a6f38c1b66)Page 52 of 104 of the \Vnrk. §3.12.2Product 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. §3.12.3Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. §3.12.4Shop Drawings,Product Data,Samples,and similar submittalsare 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 identi?ed in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. §3.12.5The 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 reasonablepromptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. §3.12.6By 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 veri?ed materials,?eld measurements and ?eld constructioncriteria 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. §3.12.7The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples,or similar submittals,until the respective submittal has been approved by the Architect. §3.12.8The Work shall be in accordance with approved submittalsexcept that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings,Product Data,Samples,or similar submittals,unless the Contractor has speci?cally noti?ed the Architect of such deviation at the time of subruittal and (1)the Architecthas given written approval to the speci?c deviation as a minor change in the Work,or (2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples,or similar submittals,by the Architect’s approval thereof. §3.12.9The Contractor shall direct speci?c 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 resubmissionshall not apply to such revisions. §3.12.10The Contractor shall not be required to provide professional services that constitutethe practice of architecture or engineering unless such services are speci?cally 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 responsibilitiesfor constructionmeans.methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. §3.12.10.1If professional design services or certi?cations by a design professional related to systems,materials,or equipmentare speci?cally 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 certi?cationsto be provided by an appropriately licenseddesign professional,whose signature and seal shall appear on all drawings,calculations,speci?cations,certi?cations, Shop Drawings.and other submittals prepared by such professional.Shop Drawings,and other submittals related to the Work,designed or certi?ed 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,certi?cations,and approvals performed or provided by such design AlADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.‘The Americanlnstitute of Architects,"‘American Instituteof Architects,"“AIA,"the AIALogo,and ‘AlAContract Documents"are trademarks of The 16 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01131/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with the AIA Contract Documents8Terms of Service.To report copyright violations,e—maildocinto@aiacontracts.com. User Notes:(686d 1d34aa25t7a6f38c1 b66)Page 53 of 104 professionals,provided the Owner and Architect have speci?ed to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §3.12.102 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 certi?cations to the Architect at the time and in the form speci?ed by the Architect. §3.13 Use of Site The Contractor shall con?ne operations at the site to areas permitted by applicable laws,statutes,ordinances, codes,rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 Cutting and Patching §3.14.1The Contractor shall be responsible for cutting.?tting,or patching required to complete the Work or to make its parts ?t together properly.All areas requiring cutting.?tting.or patching shall be restored to the condition existing prior to the cutting.?tting,or patching.unless otherwise required by the Contract Documents. §3.14.2The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold.from the Owner or a Separate Contractor,its consent to cutting or otherwise altering the Work §3.15Cleaning Up §3.15.1The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work.the Contractor shall remove waste materials.rubbish.the Contractor’s tools,constructionequipment,machinery,and surplus materials from and about the Project. §3.15.2If 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. §3.16Access 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 Drawmgs.Speci?cations.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. §3.18Indemnification §3.18.1To the fullest extent permitted by law.the Contractor shall indenmify and hold harmless the Owner. Architect.Architect‘s consultants,and agents and employees of any of them from and against claims.damages, losses,and expenses,including but not limited to attorneys”fees,arising out of or resulting from performance of the Work.provided that such claim.damage.loss.or expense is attributable to bodily injury,sickness.disease or death.or to injury to or destruction of tangible property (other than the Work itself).but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor.anyone directly or indirectly employed by them.or anyone for whose acts they may be liable,regardless of whether or not such claim,damage.loss,or expense is caused in part by a party indemni?ed 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. AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All ?ghts reserved.‘The American Instituteof Architects,“"AmericanInstitute of Architects,"”AIA,"the AIALogo,and "AIAContract Documents"are trademarks of The American Instituteof Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 whichexpires on 01/31/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with the AIAContract DocumentsETerms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25t7a6t38c1b66) 17 Page 54 of 104 §3.18.2In claims against any person or entity indemni?edunder 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 indemni?cation obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages,compensation,or bene?ts payable by or for the Contractor or a Subcontractor under workers’ compensation acts,disability bene?t acts.or other employee bene?t acts. ARTICLE4 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 identi?ed as such in the Agreement. §4.1.2Duties.responsibilities,and limitationsof authority of the Architect as set forth in the Contract Documents shall not be restricted.modi?ed.or extendedwithout written consent of the Owner,Contractor,and Architect. Consent shall not be unreasonably withheld. §4.1.3Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable from,the Contract Documents and will he in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by Contractor,and will not be liable for results of interpretations or decisions rendered in good faith. §4.2 Administrationof the Contract §4.2.1The Architectwill provide administrationof the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the ?nal Certi?cate 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 determinein general if the Work observed is being performed in a manner indicating that the Work when frilly completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over.charge of,or responsibility for the construction means.methods.techniques,sequences or procedures,or for the safety precautions and programs in connectionwith 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 deviationsfrom the most recent construction schedule submittedby the Contractor,and (3)defects and de?ciencies 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 omissionsof,the Contractor.Subcontractors.or their agents or employees,or any other persons or entities performing portions of the Work. §42.4 Communications The Owner and Contractor shall include the Architect in all communicationsthat relate to or affect the Architect’s services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communicationsbetween 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 Subcontractorsand suppliers shall be through the Contractor.Communicationsby and with Separate Contractors shall be through the Owner.The Contract Documents may specify other communicationprotocols. §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 Certi?cates for Payment in such amounts. §4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3.whether or not the Work is fabricated,installed or AIA Document A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved."TheAmerican Institute of Architects,"‘AmericanInstitute of Architects,"‘AIA,"the AIA Logo,and "NAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsETerms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa251‘786138c1b66 18 Page 55 of 104 completed.However,neither this authority of the Architectnor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,suppliers,their agents or employees.or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor‘s submittals such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect‘s action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittalschedule.with reasonable prornptness while.allowing sufficient timein the Architect’s professional judgment to permit adequate review.Review of such submittals is not conductedfor the purpose of determining the accuracy and completeness of other details such as dimensionsand quantities,or for substantiating instructions for installationor 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 speci?c item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendationsregarding 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 9.3;receive and forward to the Owner.for the Owner‘s review and records.written warrantiesand related documents required by the Contract and assembledby the Contractor pursuant to Section 9.10;and issue a ?nal Certi?cate for Payment pursuant to Section 9.10. §4.2.10If the Ownerand 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. §4.2.11The Architectwill 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. §4.2.12Interpretations 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. §4.2.13The Owner’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 reasonablepromptness.If appropriate,the Architect will prepare and issue supplementalDrawings and Speci?cations in response to the requests for information. ARTICLE5 SUBCONTRACTORS §5.1 De?nitions §5.1.1A 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 authorizedrepresentative 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- AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958=1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.‘The American Institute of Architects,"”AmericanInstitute of Architects,”"AIA,"the AIA Logo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents’3Terms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com. User Notes:(686d1d34aa25f7a6f38c1b66) 19 Page 56 of 104 subcontractor. §5.2 Award of Subcontractsand Other Contracts for Portions of the Work §5.2.1 Unless otherwisestated in the Contract Documents,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work.including those who are to furnish materials or equipment fabricated to a special design.Within 14 days of receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect (1)has reasonable objection to any such proposed person or entity or (2)requires additionaltime for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonableobjection.If the proposed but rejected Subcontractor was reasonably capable of performing the W ork,the Contract Sum and Contract Time shall be increased or decreasedby the difference,if any.occasioned by such change,and an appropriate Change Order shall be issued before connnencement of the substitute Subcontractor’s Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. §5.2.4The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner or Architect makes reasonableobjection to such substitution. §5.3 SubcontractualRelations 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 and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.and shall allow to the Subcontractor,unless speci?cally provided otherwise in the subcontractagreement,the bene?t of all rights,remedies,and redress against the Contractor that the Contractor, by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditionsof the proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. §5.4 Contingent Assignment of Subcontracts §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety.if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor’s rights and obligations under the subcontract. §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. §5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall neverthelessremain legally responsible for all of the successor contractor’s obligations under the subcontract. AlADocument A201 —2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017.All rights reserved.”The American Institute of Architects,““Americaninstitute of Architects,““AIA,"the AIALogo,and “NA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31 :59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one—timeuse only,and may only be used in accordance with meAIAContract Documents8Terms of Service.To report copyright violations,e-mail docinto@aiacontracts.com. User Notes:(686d1d34aa251736f38c1b66) 20 Page 57 of 104 ARTICLE6 CONSTRUCTIONBYOWNEROR BYSEPARATECONTRACTORS §6.1 Owner's Right to Perform Constructionand to Award Separate Contracts §6.1.1The 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. §6.1.2When 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. §6.1.3The 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 constructionschedules.The Contractor shall make any revisions to its constructionschedule deemed necessary after a joint review and mutual agreement.The constructionschedules shall then constitute the schedules to be used by the Contractor,Separate Contractors,and the Owner until subsequently revised. §6.1.4Unless otherwiseprovided in the Contract Documents,when the Owner performs constructionor 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 C ontract,including.without excluding others.those stated in Article 3,this Article 6,and Articles 10,11,and 12. §6.2 MutualResponsibility §6.2.1The Contractor shall afford the Owner and Separate Contractors reasonableopportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor‘s constructionand operations with theirs as required by the Contract Documents. §6.2.2If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architectof 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 completedconstruction is fit and proper to receive the Contractor‘s Work.The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. §6.2.3The 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. §6.2.4The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed constructionor to property of the Owner or Separate Contractor as provided in Section 10.2.5 §6.2.5The 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 Rightto Clean Up If a dispute arises among the Contractor.Separate Contractors.and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE7 CHANGESINTHEWORK §7.1 General §7.1.1Changes 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 AIADocument A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,““AmericanInstitute of Architects,"“AIA,“the AIA Logo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 0113172026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract DocumentsETerms of Service.To report copyright violations,e-mail docinfo@aiacontracts,com. User Notes:(686d1d34aa25f7a6f38c1b66) 21 Page 58 of 104 limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2A 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. §7.1.3Changes 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, ConstructionChange Directive,or order for a minor change in the Work. 5 7.2 Change Orders §7.2.1A 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. §7.3 Construction Change Directives §7.3.1A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect.directing a change in the Work prior to agreement on adjustment.if any,in the Contract Sum or Contract Time,or both.The Owner may by ConstructionChange 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. §7.3.2A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 5 7.3.3If the Construction Change Directive provides for an adjustment to the Contract Sum.the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by suf?cient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon: .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee:or .4 As provided in Section 7.3.4. §7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum.the Architect shall determinethe adjustment on the basis of reasonable expenditures and savings of those performing the Work attributableto the change.including,in case of an increase in the Contract Sum,an amount for overhead and pro?t as set forth in the Agreement,or if no such amount is set forth in the Agreement.a reasonableamount.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 bene?ts 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 ?eld of?ce personnel directly attributable to the change. (57.3.5If 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 AIA Document A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958.1961,1963,1966.1970.1976,1987.1997,2007 and 2017.All rights reserved.“The Americaninstitute of Architects,““American Institute of Architects."“AIA,"the AIA Logo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale;is licensed for one-time use only,and may only be used in accordance with the AIAContract DocumentsETerms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes:(686d1d34aa25t736f38c1b66)Page 59 of 104 any,provided in the ConstructionChange 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 con?rmed by the Architect.When both additions and credits covering related Work or substitutionsare involved in a change,the allowance for overhead and pro?t shall be ?gured on the basis of net increase,if any,with respect to that change. §7.3.9 Pending ?nal 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 Willmake an interim determination for purposes of monthly certi?cation for payment for those costs and certify for payment the amount that the Architect determines.in the Architect’s professional judgment,to be reasonably justi?ed.The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order. §7.3.10When 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 MinorChanges in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extensionof the Contract Time.The Architect‘s order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.If the Contractor performs the Work set forth in the Architect‘s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE8 TIME §8.1 De?nitions §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 certi?ed by the Architect in accordance with Section 9.8. §8.1.4 The term “day“as used in the Contract Documents shall mean calendar day unless otherwise speci?cally de?ned. §8.2 Progress and Completion §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement,the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instructionof the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 Delays and Extensionsof Time §8.3.1 If the Contractor is delayed at any time in the progress of the Work or the sequencing oftrunk by an act or neglect of the Owner or the Architect or of any employee of either or of a separate contractor employed by the Owner,or by changes ordered in the Work,or by ?res,unusual delays in deliveries,unavoidable casualties or AIA Document A201 —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961I1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved.“’TheAmerican lnstitute of Architects,“‘American Institute of Architects,"”AIA,"the AIALogo,and “AIAContract Documentsr are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01131.12026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents?Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34a8251736f38c1b66) 23 Page 60 of 104 other causes beyond the Contractor’s or a Subcontractor’s or supplier‘s control and not reasonably anticipatable, or by other causes which the Architect determinesmay justify delay.then the Contract Time shall be extended by Change Order without notice to sureties.for such reasonabletime as the Architect may determine.A time extension shall be the Contractor’s sole remedy and compensation for all such delays and changes in sequencing. §8.3.2 [Not Used] §8.3.3This Section 8.3 precludes recovery of damages for delay by Contractor if the Contractor is delayed at any time in the progress of the Work or the sequencing of work by an act or neglect of the Owner or the Architect or of any employee of either or of a separate contractor employed by the Owner,or by changes ordered in the Work.or by ?res,unusual delays in deliveries.unavoidable casualties or other causes beyond the Contractor’s or a Subcontractor’s or suppliers control and not reasonably anticipatable.or by other causes which the Architect determines may justify delay.then the Contract Time shall be extended by Change Order without notice to sureties.for such reasonabletime as the Architect may determine.A time extension shall be the Contractor’s sole remedy and compensation for all such delays and changes in sequencing. ARTICLE9 PAYMENTSANDCOMPLETION §9.1 Contract Sum §9.1.1The 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. §9.1.2If 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 substantialinequity 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 Architectbefore the ?rst 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 submittedto the Architect and supported by such data to substantiateits 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 Applicationsfor Payment §9.3.1At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values.if required under Section 9.2.for completed portions of the Work.The application shall be notarized-if required,and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require.such as copies of requisitions,and releases and waivers of liens from Subcontractors and suppliers,and shall re?ect retainage if provided for in the Contract Documents. §9.3.1.1As provided in Section 7.3.9.such applications may include requests for payment on account of changes in the Work that have been properly authorizedby Construction Change Directives,or by interim determinations of the Architect.but not yet included in Change Orders. §9.3.1.2Owner shall make 95%progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work.Upon ?nal completion of the Work.Owner shall pay the remainder of the Contract Price.Minn.Stat.§290.92 requires that the City of F armington obtain a Withholding Af?davit for Contractors.Form 10134.before making ?nal payments to Contractors.This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval.The form is used to receive certi?cation from the state that the vendor has complied with the requirement to withhold and remit state Withholding taxes for employee salaries paid. §9.3.2Unless otherwise provided in the Contract Documents.payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work If approved in advance by the Owner.payment may similarly be made for materials and equipment suitably stored off the site at AIA Document A201 —2017,Copyright©1911,1915,1918.1925,1937,1951,1958.1961,1963,1966,1970,1976}1987,1997,2007 and 2017.All rights reserved."TheAmerican Institute of Architects.““AmericanInstitute of Architects."”AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 whichexpires on 01/31/2026,is not for resale.is licensed for one-time use only,and may only be used in accordance with the AIAContract DocumentsETerms of Service.To report copyright violations.e—maildocinfo@aiacontracts.com. User Notes:(686d1d34aa25t7a6f38c1b66)Page 61 of 104 a location agreed upon in writing.Payment for materialsand 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 materialsand equipment or otherwiseprotect the Owner‘s interest,and shall include the costs of applicable insurance,storage,and transportation to the site,for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certi?cates 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 Certi?cates 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 Certi?cate for Payment in the full amount of the Application for Payment,with a copy to the Contractor:or (2)issue to the Owner a Certi?cate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect’s reasons for withholding certi?cation in part as provided in Section 9.5.1;or (3)withhold certi?cation of the entire Application for Payment,and notify the Contractor and Owner of the Architect’s reason for withholding certi?cation in whole as provided in Section 9.5.1. §9.4.2The issuance of a Certi?cate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect‘s knowledge.information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certi?ed.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 speci?c quali?cations expressed by the Architect.However,the issuance of a Certi?cate for Payment will not be a representation that the Architect has (1) made exhaustiveor continuous on-site inspections to check the quality or quantity of the Work:(2)reviewed constructionmeans,methods,techniques,sequences,or procedures;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiatethe Contractor‘s right to payment:or (4)made examinationto ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §9.5 Decisionsto WithholdCerti?cation §9.5.1 The Architect may withhold a Certi?cate 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 Certi?cate for Payment for the amount for which the Architectis able to make such representations to the Owner.The Architect may also withhold a Certi?cate for Payment or.because of subsequently discovered evidence,may nullify the whole or a part of a Certi?cate for Payment previously issued.to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims ?led or reasonable evidence indicating probable ?ling of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay:or .7 repeated failure to carry out the Work in accordance with the Contract Documents. '0: §9.5.2When either party disputes the Architect‘s decisionregarding a Certi?cate for Payment under Section 9.5.1. in whole or in part,that party may submit a Claim in accordance with Article 15. AIADocument A201 -2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All ?ghts reserved.‘The American institute of Architects,“‘AmericanInstitute of Architects,"”AIA,"the AIA Logo,and “AIAContract Documents“are trademarks of The 25 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/3172026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract DocumentssTerms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25t7a6f38c1b66)Page 62 of 104 §9.5.3 If the Architect withholds certi?cation for payment under Section 9.5.1.3,the Owner may,at its option, issue joint checks to the Contractor and to any Subcontractor or materials or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material of equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will re?ect such payment on the next Certi?cate for Payment. §9.5.4 If the Architect withholds certi?cation 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 materials or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect shall re?ect such payment on the next Certi?cate for Payment. 59.6 Progress Payments §9.6.1 After the Architect has issued a Certi?cate 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 Prompt Payment to Subcontractors.In accordancewith Minnesota law,the Contractor shall include,in all subcontracts and other agreements with its subcontractors and suppliers.a provision which requires the Contractor to pay any of its subcontractors and suppliers within 10 days of the Contractor's receipt of payment from the Owner,for undisputed services or supplies provided by the subcontractoror supplier.The provision shall also include the requirement that the Contractor shall pay interest of one and one—halfpercent (1.5%)per month or any part of a month to the subcontractor or supplier on any undisputed amount not paid on time to the subcontractor or supplier.The provision shall further provide that the minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10,for an unpaid balance of less than $100,the Contractor shall pay the actual penalty due to the subcontractor or supplier,and a subcontractor or supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements,including attorneys’ fees,incurred in bringing the action. §9.6.3The Architect will,on request,furnish to a Subcontractor,if practicable,informationregarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9.6.4The 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 subcontractedWork.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 Certi?cate 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 ?duciary 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. §9.6.8Provided 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 AIADocument A201 ~2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.AI!rights reserved.“TheAmerican Institute of Architects,“‘AmericanInstitute of Architects,"“AIA,”the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents?Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25f736f38c1b66) 26 Page 63 of 104 property against which the lien or other claim for payment has been asserted. §9.7 Failure of Payment If the Architect does not issue a Certi?cate 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 establishedin the Contract Documents,the amount certi?ed by the Architect,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 SubstantialCompletion is the stage in the progress of the Work when the Work or designated portion thereof is su?iciently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intendeduse. §9.8.2When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to ?nal 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 includedon the Contractor‘s list,which is not suf?ciently 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 Certi?cate of Substantial Completion,complete or correct such item upon noti?cation by the Architect.In such case.the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certi?cate of SubstantialCompletion that shall establish the date of Substantial Completion;establish responsibilitiesof the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and ?x the time within which the Contractor shall ?nish all items on the list accompanying the Certi?cate.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 Certi?cate of Substantial Completion. §9.8.5 The Certi?cate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certi?cate.Upon such acceptance,and consent of surety if any,the Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.9 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 consentedto by the insurer and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may cormnence whether or not the portion is substantially complete.provided the Owner and Contractor have accepted in writing the responsibilitiesassigned 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. AIADocumentA201 —2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“TheAmerican Institute of Architects,“”AmericanInstitute of Architects,"”AIA,“the AIA Logo,and ‘NA Contract Documents"are trademarks of The American institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31i2026,is not for resale,is licensed for one—time use only,and may only be used in accordance with the AIA Contract DocumentssTerms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(686d 1d34aa25t736f38c1b66) 27 Page 64 of 104 §9.9.3Unless 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 FinalCompletionand Final Payment §9.10.1Upon receipt of the Contractor‘s notice that the Work is ready for ?nal inspection and acceptance and upon receipt of a ?nal Application for Payment.the Architect will promptly make such inspection.When the Architect ?nds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a ?nal Certi?cate 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 ?nal Certi?cate is due and payable.The Architect‘s ?nal Certi?cate for Payment will constitute a further representation that conditionslisted in Section 9.10.2 as precedent to the Contractor’s being entitled to ?nal payment have been ful?lled. §9.10.2Neither ?nal payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1)an af?davit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner)have been paid or otherwise satis?ed.(2)a certi?cate evidencing that insurance required by the Contract Documents to remain in force after ?nal 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 ?nal payment,(5)documentationof any special warranties.such as manufacturers"warranties or speci?c 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 indermrify the Owner against such lien.claim. security interest.or encumbrance.If a lien.claim,security interest,or encumbrance remains unsatis?ed 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. §9.10.3If.after Substantial Completion of the Work,?nal completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting ?nal completion.and the Architect so con?rms, the Owner shall.upon application by the Contractor and certi?cation 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 certi?cation of such payment.Such payment shall be made under terms and conditions governing ?nal payment.except that it shall not constitute a waiver of Claims. §9.10.4The making of ?nal 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 warrantiesrequired by the Contract Documents;or .4 audits performed by the Owner.if permitted by the Contract Documents.after ?nal payment. §9.10.5Acceptance of ?nal payment by the Contractor,a Subcontractor.or a supplier,shall constitutea waiver of claims by that payee except those previously made in writing and identi?ed by that payee as unsettled at the time of ?nal Application for Payment. ARTICLE10 PROTECTIONOF PERSONSANDPROPERTY 5 10.1Safety 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. §10.2Safety of Persons and Property §10.2.1The 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; AIADocument A201 -—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.Allrights reserved.“TheAmerican Institute of Architects,”=AmericanInstitute of Architects,"“AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The 28 American Institute of Architects.This document was produced at 08:31:59 CDT on O7I08I2025under Subscription No.20250098179 which expires on 01131l2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents“?Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com_ User Notes:(686d1d348a25f736138c1b66)Page 65 of 104 .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 constmction. §10.2.2The 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. §10.2.3The Contractor shall implement.erect.and maintain.as required by existing conditionsand performance of the Contract,reasonablesafeguards for safety and protection,including posting danger signs and other warnings against hazards:promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards. §10.2.4 When use or storage of explosives or other hazardous materials or equipment.or unusual methods are necessary for execution of the Work.the Contractor shall exercise utmost care and carry on such activities under supervision of properly quali?ed personnel. §10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurancerequired 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 attributableto 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. 5 10.2.6The 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 superintendentunless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7The Contractor shall not permit any part of the constructionor site to be loaded so as to cause damage or create an unsafe condition. §10.2.8Injuryor 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 reasonabletime not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §10.3 Hazardous Materialsand Substances §10.3.1The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materialsor substances.If the Contractor encounters a hazardousmaterial or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance.including but not limited to asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and notify the Owner and Architect of the condition. §10.3.2Upon 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 quali?cations 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 Architectwill promptly reply to the Owner in writing stating whether or not either has reasonableobjection 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 AIADocument A201 —2017.Copyright©1911.1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,“‘American Institute of Architects:"“AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The 29 American Institute of Architects.This document was produced at 08:31 :59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resaIe=is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsETerms of Service.To report copyright vioIations,e-mail docinfo@aiacontracts.com. User Notes:(686d1d34aa25f7a6f38c1b66)Page 66 of 104 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 additionalcosts of shutdown.delay,and start-up. §10.3.3To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors.Architect,Architect‘s consultants.and agents and employees of any of them from and against claims,damages,losses,and expenses,including but not limited to attorneys‘fees,arising out of or resulting from performanceof 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. §10.3.4The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materialsor substances are required by the Contract Documents.The Owner shall be responsible for hazardous materialsor substances required by the Contract Documents.except to the extent of the Contractor‘s fault or negligence in the use and handling of such materials or substances. §10.3.5The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (l)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. §10.3.6If.without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediationof a hazardous materialor substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. §10.4Emergencies 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.Additionalcompensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE11 INSURANCEANDBONDS §11.1 Contractor’sInsurance and Bonds §11.1.1The 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 commercialgeneral liability policy or as otherwise describedin the Contract Documents. §11.1.2The Contractor shall provide surety bonds of the types,for such penal sums.and subject to such terms and conditionsas 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. §11.1.3Upon 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. §11.1.4Noticeof Cancellation or Expirationof 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. §11.2Owner’s Insurance AIADocument A201 -2017.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.”The American Institute of Architects,”‘American Institute of Architects,“”AIA,“the AIALogo,and “AIAContract Documents"are trademarks of The AmericanInstitute of Architects.This document was produced at 08:31:59 CDT on 07/080025 under Subscription No.20250098179 which expires on 0113112026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents8Terms of Service.To report copyrightviolations,e~mail dodnfo@aiacontracts.com. User Notes:(686d 1d34aa25f7a6138c1b66) 30 Page 67 of 104 §11.2.1The Owner shall purchase and maintain insuranceof 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 Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. §11.2.2Failureto Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts describedin the Agreement or elsewhere in the Contract Documents,the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon receipt of notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors.and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted.In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.The cost of the insurance shall be charged to the Owner by a Change Order.Ifthe Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance.the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. §11.2.3Noticeof Cancellation or Expirationof Owner’s RequiredProperty Insurance.Within three (3)business days of the date the Owner becomes aware of an impending or actual cancellationor expiration of any property insurancerequired by the Contract Documents,the Owner shallprovide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor:(l)the Contractor,upon receipt of notice from the Owner,shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor;(2)the Contract Time and Contract Sum shall be equitably adjusted:and (3')the Owner waives all rights against the Contractor,Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled.If the Contractor purchases replacement coverage.the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractualobligation to provide required insurance. §11.3 Waivers of Subrogation §11.3.1 [Not Used] §11.3.2 [Not Used] §11.4Loss of Use,Business Interruption,and Delay in CompletionInsurance The Owner.at the Owner‘s option.may purchase and maintain insurance that will insure the Owner against loss of use of the Owner’s property due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss §11.5.1A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as ?duciary and made payable to the Owner as ?duciary 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 theirjust 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. §11.5.2Prior 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 reconstructionof 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. AIA Document A201 —2017.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.‘The American Institute of Architects,““AmericanInstitute of Architects,“”AIA,"the AIALogo,and ”AIAContract Documents"are trademarks of The 31 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/09/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents“Temis of Service.To report copyright violationsle—maildocinfo@aiacontracts.com. User Notes:(686d1d34a325f7a6138c1b66)Page 68 of 104 ARTICLE12 UNCOVERINGANDCORRECTIONOFWORK §12.1 Uncovering of Work §12.1.1If a portion of the Work is covered contrary to the Architect’s request or to requirements speci?cally expressed in the Contract Documents,it must.if requested in writing by the Architect,be uncovered for the Architect‘s examinationand be replaced at the Contractor’s expense without change in the Contract Time. §12.1.2If a portion of the Work has been covered that the Architect has not speci?cally requested to examine prior to its being covered,the Architectmay 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. §12.2Correctionof Work §12.2.1 Before SubstantialCompletion The Contractor shall promptly correct Work rejected by the Architector 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 Architectis services and expenses made necessary thereby, shall be at the Contractor‘s expense. §12.2.2After SubstantialCompletion §12.2.2.1In addition to the Contractor’s obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1.or by terms of any applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so.unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work.if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonabletime during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. §12.2.2.2The one—year period for correction of Work shall be extended with respect to portions of Work ?rst performed after SubstantialCompletion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §12.2.2.3The 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 not accepted by the Owner. §12.2.4The Contractor shall bear the cost of correcting destroyed or damaged constructionof 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. §12.2.5Nothing containedin 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 correctionof Work as described in Section 12.2.2 relates only to the speci?c 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 establishthe Contractor’s liability with respect to the Contractor‘s obligations other than speci?cally to correct the Work. §12.3Acceptance 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 ?nal payment has been AIADocument A201 —2017.Copyright©1911,1915,1918=1925,1937,1951,1958,1961,1963.1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,"‘AmericanInstitute of Architects,““AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The American Instituteof Architects.This document was produced at 08:31 :59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents.5Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com_ User Notes:(686d1d34aa25f7a6138c1b66) 32 Page 69 of 104 made. ARTICLE13 MISCELLANEOUSPROVISIONS §13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located. §13.2Successors and Assigns §13.2.1The Owner and Contractor respectively bind themselves,their partners,successors.assigns.and legal representatives to covenants,agreements.and obligations containedin the Contract Documents.Except as provided in Section 13.2.2.neither party to the Contract shall assign the Contract as a whole without Written consent of the other.If eitherparty attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2.2The Owner may.without consent of the Contractor,assign the Contract to a lender providing construction ?nancing for the Project.if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. §13.3 Rights and Remedies §13.3.1Ditties 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. §13.3.2No 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 speci?cally agreed upon in writing. §13.4 Tests and Inspections §13.4.1 Tests.inspections.and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws.statutes,ordinances.codes.rules,and regulations or lawful orders of public authorities.Unless otherwise provided.the Contractor shall make arrangements for such tests.inspections.and approvals with an independent testing laboratory or entity acceptable to the Owner.or with the appropriate public authority.and shall bear all related costs of tests,inspections.and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests.inspections.or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests.inspections.or approvals where building codes or applicable laws or regulations so require. §13.4.2If 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. §13.4.3If 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 establishedby 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. §13.4.4Required certi?cates of testing.inspection.or approval shall.unless otherwiserequired by the Contract Documents.be secured by the Contractor and promptly delivered to the Architect. §13.4.5If the Architect is to observe tests.inspections.or approvals required by the Contract Documents.the Architectwill do so promptly and.where practicable,at the normal place of testing. §13.4.6Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.5Interest AIADocument A201 —2017.Copyright ©1911,1915,1918,1925,1937,1951,1958=1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.‘The American Institute of Architects,”"AmericanInstitute of Architects."“AIA,"the AIALogo,and “NA Contract Documents"are trademarks of The Americaninstitute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026.is not for resale=is licensed for one-time use only,and may only be used in accordance with the NA Contract DocumentseTerms of Service.To report copyright violations,e—maildocinto@aiacontracts.com_ User Notes:(686d 1d34aa25t7 a6f38c1 [366) 33 Page 70 of 104 Payments due and unpaid under the Contract Documents shall bear interest ?‘om the date payment is due at the rate the parties agee 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. ARTICLE14 TERMINATION0R SUSPENSIONOF THECONTRACT §14.1Terminationby the Contractor §14.1.1[Not Used] §14.1.2 [Not Used] §14.1.3 [Not Used] §14.1.4If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor.a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to ful?ll 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. §14.2Terminationby the Owner for Cause §14.2.1The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes.ordinances,codes.rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §14.2.2When any of the reasons describedin Section 14.2.1 exist,and upon certi?cation by the Architect that suf?cient cause exists to justify such action,the Owner may.without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor‘s surety,if any,seven days‘notice.terminate employment of the Contractor and may.subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment.tools.and constructionequipment and machinery thereon owned by the Contractor: .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonablemethod 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 ?nishing the Work. §14.2.3When 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 ?nished. §14.2.4If the unpaid balance of the Contract Sum exceeds costs of fmishing the Work including compensation for the Architect‘s services and expenses made necessary thereby.and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance,the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner. as the case may be.shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive terminationof the Contract. §14.3Suspension by the Owner for Convenience §14.3.1The 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. AIADocument A201 —2017.Copyright©1911,1915.1918;1925,1937,1951,1958,1961.1963,1966,1970,1976;1987,1997,2007 and 2017.AIIrights reserved.“The American Instituteof Architects,”"Amerr'canInstitute of Architects,"“AIA,"the AIALogo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 Whichexpires on 01/31/2026,is not for resale,is licensed for one-time use only,and may onIy be used in accordance with the AIAContract Documentss Terms of Service.To report copyright violations,e—maildocinfo@aiaoontracts.com. User Notes:(686d1d34aa25f7a6f38c1 1366 34 Page 71 of 104 §14.3.2The 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 pro?t.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 §14.4.1The Owner may,at any time.terminate the Contract for the Owner’s convenienceand without cause. §14.4.2Upon receipt of notice from the Owner of such termination for the Owner’s convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary.or that the Owner may direct,for the protection and preservation of the Work:and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice. terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner’s convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of the termination,including costs attributable to termination of Subcontracts;and the termination fee,if any.set forth in the Agreement. ARTICLE15 CLAIMSANDDISPUTES §15.1Claims §15.1.1De?nition A Claim is a demand or assertion 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 responsibilityto substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to ?le a Claim in order to impose liquidated damages in accordance with the Contract Documents. §15.1.2Time Limitson 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 resolutionmethod selected in the Agreement and within the period speci?ed 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 commencedin accordance with this Section 15.1.2. §15.1.3Notice of Claims §15.1.3.1Claims by either the Owner or Contractor.where the condition giving rise to the Claim is ?rst discoveredprior to expiration of the period for correctionof 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 ?rst recognizes the condition giving rise to the Claim,whichever is later. §15.1.3.2Claims by either the Owner or Contractor.where the conditiongiving rise to the Claim is ?rst discoveredafter expiration of the period for correctionof 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. §15.1.4Continuing Contract Performance §15.1.4.1Pending ?nal 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. AIADocument A201 —2017_Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The American Institute of Architects,““AmericanInstitute of Architects,"“AIA,"the AIALogo,and “NA Contract Documents“are trademarks of The 35 American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the NA Contract Documents5Terms of Service.To report copyright violations,e»mail docinfo@aiacontracts.com_ User Notes:(686d1d34aa25f7a6f38c1b66)Page 72 of 104 §15.1.4.2The 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 Certi?cates for Payment in accordance with the decisionof the Initial Decision Maker. §15.1.5Claims for AdditionalCost 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. §15.1.6Claims for AdditionalTime §15.1.6.1If 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. §15.1.6.2If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documentedby data substantiating that weather conditionswere abnormal for the period of time,could not have been reasonably anticipated.and had an adverse effect on the scheduledconstruction. §15.1.7Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income.pro?t.?nancing,business and reputation,and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal of?ce expenses including the compensation of personnel stationedthere.for losses of ?nancing.business and reputation,and for loss of pro?t.except anticipated pro?t arising directly from the Work. This mutual waiver is applicable.without limitation,to all consequential damages due to either party’s termination in accordance with Article 14.Nothing containedin this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. §15.3[Not Used. §15.4 [NotUsed. AIADocument A201 —2017_Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997,2007 and 2017,All rights reserved.”Hie American institute of Architects,“‘AmericanInstitute of Architects,"”AIA,"the AIA Logo,and "AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No,20250098179 which expires on 01/3172026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents8 Terms of Service.To report copyright violations,e-mail docinfo@aiacontrac’ts.com_ User Notes:(686d1d343a25f7a6f38c1b66) 36 §15.2 [NotUsed.] Page 73 of 104 requesting party before the data is released.Contractor agrees to defend,indemnify,and hold the Owner,its of?cials.of?cers,agents,employees,and volunteers harmless from any claims resulting from the unlawful disclosure andi’oruse of protected data by Contractor’s of?cers,agents owners,partners.employees,volunteers,assignees,or subcontractors.The terms of this section shall survive the cancellation or termination of this Agreement. Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity.In the event the Contractor receives a request to release data,the Contractor must immediately notify the Owner.The Owner will give the Contractor instructions concerning the release of the AIADocument A201 —2017.Copyright©1911,1915,1918:1925,1937,1951,1958,1961,1963.1966,1970,1976,1987,1997,2007 and 2017.All rights reserved.“The AmericanInstituteof Architects."“American Institute of Architects,"”AIA,"the AIALogo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:31:59 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 011310026,is not for resale,is licensed for onevtime use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mait docinfo@aiacontracts.com. User Notes:(686d 1d34aa25f736f38c1 b66) 37 data to the §15.5Data PracticesTheContractor must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to (1)all data provided by the Owner pursuant to this Agreement,and (2')all data,created,collected,received.stored,used maintained,or disseminatedby the Contractor pursuant to this Agreement.The Contractor is subject to all the provisions of the Page 74 of 104 '\IA Insurance and Bond A101 —2017 Exhibit )) TABLEOF ARTICLES A.‘I GENERAL A2 OWNER’SINSURANCE A.3 CONTRACTOR’SINSURANCEANDBOND S SPECIALTERMSANDCONDITIONS This Insurance and Bonds Exhibit is part of the Agreement.between the Owner and the Contractor,dated the <<»day of «»in the year «» (In words,indicate do];month and year.) for the following PROJECT: (Name and location or address) «Fire Station 1 » «21625 DenmarkAvenue >>Farmington,MN 55024 THEOWNER: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed A vertical line in the left margin of this document indicates where the author has (Name,legal status and address}added to or deleted from the original AIA text. «City of Farmington M 430 Third Street» «Farmington,MN 55024 This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or THECONTRACTOR:modi?cam” (Name,legal status and address)This document is intended to be used in conjunction with AIA (t »<(»Document A201®—201 7,General «»Conditions of the Contract for Construction.Article 11 of A201®—2017 contains additional insurance provisions. ARTICLEA.1 GENERAL The Owner and Contractor shall purchase and maintain insurance,and provide bonds, as set forth in this Exhibit.As used in this Exhibit,the term General Conditions refers to AIA Document A201TM—2017,General Conditions of the Contract for Construction. ARTICLEA.2 OWNER’SINSURANCE §A.2.1General Prior to commencement of the Work,the Owner shall secure the insurance,and provide evidence of the coverage,required under this Article AZ!and.upon the Contractor‘s request,provide a copy of the property insurance policy or policies required by Section A.2.3.The copy of the policy or policies provided shall contain all applicable conditions,definitions,exclusions,and endorsements. §A.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. AlADocument A101 —2017 Exhibit A.Copyright ©2017.All rights reserved.“The American Institute of Architects,‘"AmericanInstitute of Architects,““AIA,'the AIALogo,and "AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents8Terms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com_ User Notes:(681 a2deeae533641f2b5b756) ADDITIONS AND DELE'nONS: Page 75 of 104 §A.2.3 Required Property Insurance §A.Z.3.1Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1,the Owner shall purchase and maintain.from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located,property insurance written on a builder‘s risk “all-risks”completed value or equivalent policy form and suf?cient to cover the total value of the entire Project on a replacement cost basis.The Owner‘s property insurance coverage shall be no less than the amount of the initial Contract Sum,plus the value of subsequent Modi?cations and labor performed and materials or equipment supplied by others.The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.Z.3.1.3,unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement.This insurance shall include the interests of the Owner,Contractor,Subcontractors,and Sub—subcontractorsin the Project as insureds.This insurance shall include the interests of mortgagees as loss payees. §A.Z.3.1.1Causes of Loss.The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage.and shall not exclude the risks of ?re,explosion,theft,vandalism,malicious mischief.collapse, earthquake,or Windstorm.The insurance shall also provide coverage for ensuing loss or resulting damage from error,omission.or de?ciency in construction methods,design,specifications,workmanship,or materials.Sub- limits.if any.are as follows: (Indicate below the cause ofloss and any applicable sub-limit.) Causes of Loss Sub-Limit §A.Z.3.1.2Specific RequiredCoverages.The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures,and to building systems from testing and startup.The insurance shall also cover debris removal,including demolition occasionedby enforcement of any applicable legal requirements.and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss,including claim preparation expenses.Sub-limits,if any,are as follows: (Indicate below 1ft129.ofcoverage and any applicable sub-limitforspeci?c required coverages.) Coverage Sub-Limit §A.Z.3.1.3Unless the parties agree otherwise,upon Substantial Completion,the Owner shall continue the insurance required by Section A.Z.3.1 or.if necessary,replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correctionof the Work set forth in Section 12.2.2 of the General Conditions. §A.Z.3.1.4Deductiblesand Self-Insured Retentions.If the insurance required by this Section A.2.3 is subject to deductiblesor self-insuredretentions.the Owner shall be responsible for all loss not covered because of such deductiblesor retentions. §A.2.3.2Occupancy or Use Prior to Substantial Completion.The Owner‘s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage.The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation,lapse,or reduction of insurance.unless they agree otherwise in writing. §A.Z.3.3Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure,the Owner shall purchase and maintain,until the expiration of the period for correctionof Work as set forth in Section 12.2.2 of the General Conditions,“all-risks”property insurance.on a replacement cost basis,protecting the existing structure against direct physical loss or damage from the causes of loss identi?ed in Section A.2.3.1,notwithstanding the undertaking of the Work.The Owner shall be responsible for all co-insurance penalties. §A.2.4Optional ExtendedProperty Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the {was ofinsurance the Owner is required to purchase and maintain by placing an X in the boxles}next to the descriptionm ofselected insurance.For each zfrpe ofinsurance selected,indicate applicable limits ofcoverage AlADocument A101 ~2017 Exhibit A.Copyright ©2017.All rights reserved.“The American institute of Architects,"“AmericanInstitute of Architects,""AlA,'the AIALogo,and "AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07/082025 under Subscription No.20250098179 which expires on 01/31l2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents?Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(681 a2deeae533641t2b5b756) 2 Page 76 of 104 (()) or other conditionsin the?llpoint below the selected item.) [X ]§A.2.4.1Loss of Use,Business Interruption,and Delay in CompletionInsurance,to reimburse the Owner for loss of use of the Owner’s property,or the inability to conduct normal operations due to a covered cause of loss. []§A.2.4.2Ordinance or LawInsurance,for the reasonableand necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinanceregulating the demolition,construction, repair,replacement or use of the Project. [X]§A.2.4.3ExpeditingCost Insurance.for the reasonable and necessary costs for the temporary repair of damage to insured property,and to expedite the permanent repair or replacement of the damaged property. [X ]§A.2.4.4Extra Expense Insurance,to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [X]§A.2.4.5CivllAuthority Insurance,for losses or costs arising from an order of a civil authority prohibiting access to the Project,provided such order is the direct result of physical damage covered under the required property insurance. [X ]§A.2.4.6IngressIEgress Insurance,for loss due to the necessary intermption of the insured’s business due to physical prevention of ingress to,or egress from,the Project as a direct result of physical damage. [X ]§A.2.4.7Soft Costs Insurance,to reimburse the Owner for costs due to the delay of completion of the Work,arising out of physical loss or damage covered by the required property insurance:including construction loan fees;leasing and marketing expenses;additional fees,including those of architects, engineers,consultants,attorneys and accountants,needed for the completion of the construction, repairs,or reconstruction;and carrying costs such as property taxes,building permits,additional interest on loans,realty taxes.and insurance premiums over and above normal expenses. (()) §A.2.5Other OptionalInsurance. The Owner shall purchase and maintain the insurance selected below. (Select the ppm ofinsurance the Owner is required to purchase and maintain byplacing an X in the box(es)next to the descriptionls)ofselected insurance.) [X ]§A.2.5.1Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of con?dential or private information. (Indicate applicable limits ofcoverage or other conditions in flie?llpoint below.) (()) AIA Document A101 —2017 ExhibitA.Copyright ©2017.Allrights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,"the AIALogo,and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on (FIGS/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIAContract Documents'5Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(681 aZdeea8533641f2b5b756) (()) ((» (()> (()) (()) Page 77 of 104 [X]§A.2.5.2Other Insurance (List belmr'any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLEA.3 CONTRACTOR'SINSURANCEAND BONDS §A.3.1General §A.3.1.1Certi?cates of Insurance.The Contractor shall provide certi?cates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times:(1)prior to cormnencement of the Work;(2)upon renewal or replacement of each required policy of insurance;and (3,)upon the Owner’s written request.An additional certi?cate evidencing continuation of commercialliability coverage,including coverage for completed operations,shall be submitted with the ?nal Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A321 and Section A.3.3.1.The certi?cates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies. §A.3.1.2Deductiblesand Self-InsuredRetentions.The.Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. §A.3.1.3AdditionalInsuredObligations.To the fullest extent permitted by law,the Connector shall cause the commercialgeneral liability coverage to include (1)the Owner,the Architect,and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor‘s negligent acts or omissions during the Contractor‘s operations:and (2)the Owner as an additional insured for claims caused in whole or in part by the Contractor‘s negligent acts or omissions for which loss occurs during completed operations.The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations.To the extent commercially available.the additional insured coverage shall be no less than that provided by Insurance Services Of?ce,Inc.(ISO)forms CG 20 10 07 04,CG 20 37 07 04.and,with respect to the Architect and the Architect’s consultants,CG 20 32 07 04. §A.3.2Contractor’sRequired Insurance Coverage §A.3.2.1The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: (If the Conn'actor is required to maintain insurance for a duration other than the erpiration ofthe period for correction of Work,state the duration.) (()) §A.3.2.2Commercial General Liability §A.3.2.2.1Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than «Two Million Dollars »(S «2,000.000 _»)each occurrence.«Three Million Dollars »(8 «3,000,000 »)general aggregate,and «Two Million Dollars »(S «2,000,000 »)aggregate for products-completed operations hazard,providing coverage for claims including .1 damages because of bodily injury,sickness or disease.including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destructionof tangible property.including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations;and .5 the Contractor‘s indemnity obligations under Section 3.18 of the General Conditions. A.3.2.2.2The C ontractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured,if the exclusion or restrictionis based solely on the fact that the claimant is an insured,and there would otherwise be coverage for the claim. AIADocument A101 —2017 Exhibit A.Copyright ©2017.Allrights reserved.e‘T‘heAmerican Instituteof Architects"“American Instituteof Architects,"“AIA,'the AIALogo,and "AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07IOSI202 5underSubscriptionNo.20250098179 which expires on 01/31/2026,is not for resale,is licensed for oneaime use only,and may only be used in accordance with the AIAContract DocumentseTerms of Service.To report copyright violations,e—maildocinfo@aiacontracts.com. User Notes:(681 aZdeeae533641t2b5b756)Page 78 of 104 .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. Claims for bodily injury other than to employees of the insured. .4 Claims for indenmity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential,multi-family,or other habitationalprojects,if the Work is to be performed on such a project. Claims related to roo?ng.if the Work involves roo?ng. .9 Claims related to exterior insulation ?nish systems (EIFS),synthetic stucco or similar exterior coatings or surfaces,if the Work involves such coatings or surfaces. .10 Claims related to earth subsidenceor movement,where the Work involves such hazards. .11 Claims related to explosion.collapse and underground hazards,Wherethe Work involves such hazards. '0;'m'00 §A.3.2.3Automobile Liability covering vehicles owned.hired,and non-owned vehicles used,by the Contractor, with policy limits of not less than «One Million Dollars »(3 «1,000,000 »)per accident,for bodily injury.death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. §A.3.2.4The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A322 and A.3.2.3.and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. §A.3.2.5Workers‘Compensation at statutory limits. §A.3.2.6Employers‘Liability with policy limits not less than «Five Hundred Thousand Dollars »(S «500,000 ») each accident.«Five Hundred Thousand Dollars »(S «500,000 »)each employee,and «Five Hundred Thousand Dollars >>(S «500.000 >>)policy limit. §A.3.2.7Jones Act.and the Longshore &Harbor Workers’Compensation Act,as required,if the Work involves hazards arising from work on or near navigable waterways,including vessels and docks §A.3.2.8If the Contractor is required to furnish professional services as part of the W ork.the Contractor shall procure Professional Liability insurance covering performance of the professional services,with policy limits of not less than «>>(S «»)per claim and «»(S ((»)in the aggregate. §A.3.2.9If the Work involves the transport,dissemination.use.or release of pollutants,the Contractor shall procure PollutionLiability insurance,with policy limits of not less than «»($<<»)per claim and «n (‘Sit >>)in the aggregate. §A.3.2.10Coverage under Sections A.3,2.S and A.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy,with combinedpolicy limits of not less than «»(S «»)per claim and «» (S «»)in the aggregate. §A.3.2.11Insurance for maritime liability risks associated with the operation of a vessel,if the Work requires such activities.with policy limits of not less than «»(S ((»)per claim and (r »(S «n )in the aggregate. §A.3.2.12Insurance for the use or operation of manned or unmanned aircraft.if the Work requires such activities. with policy limits of not less than <<>>(S «»)per claim and «»(S «)in the aggregate. AIA Document A101 —-2017 Brhibil A.Copyright ©2017.All rights reserved.“TheAmerican Institute of Architects,"“AmericanInstitute of Architects,"“AIA,"the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07/081‘ 2025underSubscriptionNo.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance wit htheAIAContractDocuments‘5Terms of Service,To report copyright violations,e»mail docinfo@aiacontracts.com. (681 aZdeeae53364 1f2b5b756)User Notes: )) Page 79 of 104 A, §A.3.3Contractor’s Other Insurance Coverage §A.3.3.1Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions,unless a different duration is stated below: {Ifthe Contractor is required to maintain any ofthe tipes ofinsurance selected belowfor a duration other than the expiration ofthe period for correction of Work,state the duration.) (()) §A.3.3.2The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types ofinsurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the descriptionts}ofselected insurance.Wherepolicy limits are provided,include the policy limit in the appropriate fillpoint.) [X]§A.3.3.2.1Property insurance of the same type and scope satisfying the requirements identi?ed in Section A.2.3.which,if selected in this section A.3.3.2.1.relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3.The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below.The Contractor shall disclose to the Owner the amount of any deductible .and the Owner shall be responsible for losses within the deductible.Upon request,the Contractor shall provide the Owner with a copy of the property insurance policy or policies required.The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordancewith Article 11 of the General Conditions unless othenvise set forth below: (Where the Contractor’s obligation to provide propertv insurance dijiers?'om the Owner ’3 obligations as described under Section A.2.3,indicate such diyfcrences in the space below. Additionally,Ifapar-tr other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee ofthe proceeds ofproperty insurance in accordance with Article 11 ofthe General Conditions,indicate the responsible party below.) (()) [X]§A.3.3.2.2Railroad ProtectiveLiabilityInsurance,with policy limits of not less than «»(S «n ')per claim and «»(S «»)in the aggregate,for Work within ?fty (50)feet of railroad property. [X ]§A.3.3.2.3Asbestos Abatement LiabilityInsurance,with policy limits of not less than «»($«»)per claim and «»(S ((»)in the aggregate,for liability arising from the encapsulation,removal. handling.storage.transportation.and disposal of asbestos-containing materials. [X ]§A.3.3.2.4Insurance for physical damage to property while it is in storage and in transit to the constructionsite on an “all-risks”completed value form. [X ]§A.3.3.2.5Property insurance on an “all-risks”completed value form,covering property owned by the Contractor and used on the Project.including scaffolding and other equipment. [X]§A.3.3.2.6Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Limits §A.3.4 Performance Bond and Payment Bond The Contractor shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located,as follows: (Specrfr type and penal sum ofbonds.) AIA Document A101 —2017 ExhibitA.Copyright ©201?All rights reserved.“The Amencan Institute of Architects,”“AmericanInstitute of Architects,""AIA,'the AIALogo,and “AIAContract Documents"are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07/08/2025 under Subscription No.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents8Terms of Service.To report copyright violations,e—maildocinfo@aiacontractscom_ (681a2deeae533641f2b5b756)User Notes: Coverage Page 80 of 104 Type PenalSum ($0.00) Payment Bond 100%of the Contract price Performance Bond 100%of the Contract price Payment and Performance Bonds shall be AIA Document A3121“,Payment Bond and Performance Bond,or contain provisions identicalto AIA Document A312”,current as of the date of this Agreement. ARTICLEA.4 SPECIALTERMSANDCONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit,if any.are as follows: AIADocument A101 —2017 ExhibitA,Copyright ©2017.All ?ghts reserved “The American Institute of Architects,"LAmericanInstitute of Architects,““AlA,'the AIALogo:and “AIAContract Documents“are trademarks of The American Institute of Architects.This document was produced at 08:23:25 CDT on 07/ 0812025underSubscriptionNo.20250098179 which expires on 01/31/2026,is not for resale,is licensed for one-time use only=and may only be used in accordance with the AIA Contract Documents6Terms of Service.To report copyright violations,e-mail docinfo@aiacontractscom. User Notes:(681a2deeae533641f2b5b756) ((>) Page 81 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 1 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 DOCUMENT 00 72 00 SUPPLEMENTARY CONDITIONS GENERAL A. The following Supplementary Conditions modify, change, delete from, or add to the "General Conditions of the Contract for Construction", AIA Document A201 - 2017 Edition. Where an Article, Paragraph, Subparagraph or Clause contained in the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 – GENERAL PROVISIONS A.Paragraph 1.1 Basic Definitions 1. Add to Subparagraph 1.1.3: .1 Use of the word "furnish" shall mean "to supply and deliver to the Project site, ready for installation;" use of the word "install" shall mean "to place in position for service or use;" and use of the word "provide" shall mean "furnish and install, complete and ready for intended use;" use of the words "as indicated" shall mean "as indicated, shown or noted on the Project Drawings;" use of the words "as specified" shall mean "as specified in the Project Specifications or as specified on the Project Drawings." The term "product" as used in the Contract Documents shall include, but is not limited to, materials, systems and equipment. B.Paragraph 1.2 Correlation and Intent of the Contract Documents 1. Add the following subparagraphs: 1.2.4 Wherever a provision of a Section of the Specifications conflicts with any agreements or regulations in force among members of a Trade Association, Union, or Council, which regulates or distinguishes what work shall or shall not be included in the work of any particular trade, the Contractor shall make necessary arrangements to reconcile such conflicts without delay, damage or cost to the Owner and without recourse to the Architect or the Owner. 1.2.5 Standard specifications, rules, codes, instructions, recommendations and references referred to in the Project Specifications shall be the latest edition unless a specific edition is specified. If standard specifications are revised prior to completion of any part of the work to which such revisions would pertain, the Contractor may, if approved by the Architect, perform such work in accordance with the revised specifications. Standard specifications, except as modified in the Project Specifications, shall have full force and effect as though included in the Project Specifications. 1.2.6 Sections of Division 1 - General Requirements govern the work of all sections of the Specifications. ARTICLE 2 – OWNER A.Paragraph 2.3 Information and Services Required of the Owner 1. Add to subparagraph 2.3.2: "Architect" as used in the Contract Documents, shall mean: Inspec, Inc. 1000 Parkers Lake Road, Suite 100 Wayzata, MN 55391 Page 82 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 2 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 Whenever the Architect is referred to herein, it shall be understood to mean the Architect/Engineer and/or their consultants defined herein. ARTICLE 3 – CONTRACTOR A.Paragraph 3.1 General 1. At the end of Subparagraph 3.1.2, add "and shall comply with all applicable laws, codes, ordinances, rules, regulations and industry standards." 2. In the first sentence of Subparagraph 3.1.3, after the word "Documents" add "and all applicable laws, codes, ordinances, rules, regulations, and industry standards," B.Paragraph 3.2 Review of Contract Documents and Field Conditions by Contractor 1. Delete Subparagraph 3.2.2 in its entirety and substitute: 3.2.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner, and shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. The Contractor shall at once report to the Architect and Owner any errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized or should have recognized such error, inconsistency or omission and failed to report it to the Architect. If the Contractor performs any construction activity involving such error, inconsistency or omission in the Contract Documents without notice to the Architect and Owner, the Contractor shall assume responsibility for such performance and shall be liable for the amount of the attributable costs for correction and any other resulting damages." 2. Delete Subparagraph 3.2.3 in its entirety. 3. Delete Subparagraph 3.2.4 in its entirety. 4. Add Subparagraph 3.2.5: 3.2.5 The Contractor shall perform the Work in accordance with the Contract Documents, submittals accepted pursuant to Paragraph 3.12, the general design intent reasonably inferable from the Contract Documents, and all applicable laws, codes, ordinances, rules, regulations and industry standards. .1 The Contractor shall review specified construction and installation procedures (including those recommended by manufacturers) prior to implementation and shall advise the Architect in writing (1) if the specified procedures deviate from good construction practice, (2) if following the procedures will affect warranties and (3) of any objections the Contractor may have to the procedures. .2 If the Contractor is uncertain as to the interpretation or design intent of the Contract Documents, the Contractor shall be responsible to request in writing an interpretation, in accordance with Subparagraphs 4.2.11 and 4.2.12. C.Paragraph 3.3 Supervision and Construction Procedures 1. At the end of the first sentence of Subparagraph 3.3.1, add "and shall at all times comply with all applicable laws, codes, ordinances, rules, regulations, and industry standards." Page 83 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 3 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 2. Add Subparagraph 3.3.4: 3.3.4 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents and all applicable laws, codes, ordinances, rules, regulations and industry standards, either by activities or duties of the Architect in the Architect's administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Contractor, or by any activities or duties of the Owner. D.Paragraph 3.4 Labor and Materials 1. Delete Subparagraph 3.4.2 in its entirety and substitute: 3.4.2 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements of the Specifications (Division 1). .1 By making requests for substitutions based on Subparagraph 3.4.2, the Contractor: (a) represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; (b) represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; (c) certifies that the cost data presented is complete and includes all related costs under this Contract but excludes costs under separate contracts, and includes the Architect's redesign costs, and all claims for additional costs related to the substitution which subsequently become apparent; and (d) will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. E.Paragraph 3.5 Warranty 1. In the first sentence of Subparagraph 3.5.1, after the words "Contract Documents" add the words "and all applicable laws, codes, ordinances, rules, regulations, and industry standards." 2. In the last sentence of Subparagraph 3.5.1, add "or Owner," after the word "Architect" 3. Add Paragraph 3.5.3: Manufacturer's product warranty shall not relieve the Contractor of general warranty obligations imposed by applicable laws, codes, ordinances, rules, regulations, industry standards, or otherwise assumed or agreed upon by the Contractor. .1 Where a product is specified by manufacturer or brand name, such specification is used to establish minimum standards of quality required, and the published data, including manufacturer's extended warranties, pertinent to the specified product shall be a requirement of the Contract Documents. F.Paragraph 3.7 Permits, Fees, Notices, and Compliance with Laws 1. In Subparagraph 3.7.2, add "or inspection" after the word "performance." 2.Delete Subparagraph 3.7.3 in its entirety and substitute: 3.7.3 If the Contractor performs Work that Contractor knows or should know 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 for damages incurred as a result, and shall bear the costs attributable to correction. G.Paragraph 3.8 Allowances 1. Add to the end of clause 3.8.2.2: "except when installation is specified as part of an Allowance in the General Requirements (Division 1 of the Specifications)." Page 84 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 4 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 H.Paragraph 3.9 Superintendent 1. Delete Subparagraph 3.9.1 in its entirety and substitute: Contractor shall keep on the Work at all times during its progress a competent foreman who shall not be replaced without written notice to Owner and Architect/Engineer except under extraordinary circumstances. Contractor shall also assign a superintendent to the Project who shall have authority to act on behalf of Contractor. The superintendent must be responsive to communications from the Architect/Engineer on a daily basis and all communications given to the superintendent shall be as binding as if given to the Contractor. I.Paragraph 3.13 Use of Site 1. Add to Subparagraph 3.13: The Contractor's materials, tools, supplies, or debris shall not be stored or allowed to accumulate. The Owner assumes no liability or responsibility whatsoever for any damage, destruction, theft, or other acts which may occur to the Contractor's material or equipment as a result of his negligence J.Paragraph 3.14 Cutting and Patching 1. Add Subparagraph 3.14.3: 3.14.3 Altering or cutting of structural members will not be allowed without written approval of the Architect. K.Paragraph 3.18 Indemnification 1. In the first sentence of Subparagraph 3.18.1, after the words "tangible property" add the words ", including loss of use resulting therefrom" 2. In the first sentence of Subparagraph 3.18.1, delete the words "(other than the Work itself)" 3. Add to the end of Subparagraph 3.18.1: The Contractor's obligations set forth in this Paragraph 3.18 shall include any claim by the Owner against the Contractor, a Subcontractor, or anyone directly or indirectly employed by the Contractor or a Subcontractor, or against anyone for whose acts the Contractor or Subcontractor may be liable. ARTICLE 4 – ARCHITECT A.Paragraph 4.2 Administration of the Contract 1. In Subparagraph 4.2.1, after the word "Documents," add "and the Agreement between the Owner and the Architect." 2. Add to the end of Subparagraph 4.2.4: Direct communications between the Owner and the Contractor that affect the performance of administration of the Work shall be made or confirmed in writing, with copies to the Architect. 3. At the end of the first sentence of Subparagraph 4.2.11, add ", subject to final approval by the Owner." ARTICLE 5 – SUBCONTRACTORS A.Paragraph 5.1 Definitions 1. Add to 5.1.1: Whenever the term "Subcontractor(s)" appears in the Contract Documents, it shall also mean material and equipment suppliers, and shall extend to them the same contractual responsibilities and rights afforded Subcontractors. Page 85 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 5 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 B.Paragraph 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 1. In the first sentence of Subparagraph 5.2.1, between the words "Contract" and "shall," add "but not later than 15 days from the Contract Date," 2. Add Clauses 5.2.1.1 and 5.2.1.2: .1 If adequate data on a proposed manufacturer or an installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. .2 Failure to object to a manufacturer shall not constitute a waiver of any of the requirements of the Contract Documents, and all products furnished by the listed manufacturer must conform to such requirements. C.Paragraph 5.3 Subcontractual Relations 1. Delete Subparagraph 5.3 in its entirety and substitute: 5.3 By appropriate written agreement, the Contractor shall require each Subcontractor to consent to, and be bound to the Contractor by the terms of the Contract Documents. Each Subcontractor shall be required to assume toward the Contractor all the obligations and responsibilities which the Contractor assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights and limitations on liability of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor. Each subcontract agreement shall provide that the Subcontractor's rights, remedies, and redress shall obtain solely against the Contractor (or the Contractor's bonding company, if any) in the same manner and with the same conditions as the Contractor has rights, remedies and redress against the Owner. The Contractor shall supply copies of each subcontract agreement to the Owner and to the Architect before the Subcontractor is permitted to commence Work. D.Paragraph 5.4 Contingent Assignment of Subcontracts 1. In Subparagraph 5.4.1.1, delete "of the contract by the Owner for cause pursuant to Paragraph 14.2" ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A.Paragraph 6.1 Owner's Right to Perform Construction and to Award Separate Contracts 1. In the first sentence of Subparagraph 6.1.1, delete the words "including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation." B.Paragraph 6.2 Mutual Responsibility 1. In Subparagraph 6.2.4, delete "as provided in Subparagraph 10.2.5" ARTICLE 7 – CHANGES IN THE WORK A.Paragraph 7.1 Changes in the Work 1. Add Subparagraph 7.1.4: 7.1.4. The allowance for the combined overhead and profit included in total cost to the Owner shall be based on the following schedule: .1 Contractors and Subcontractors may add up to 10% overhead and profit on their direct cost and 5% overhead and profit on the direct cost of Subcontractors. .2 The total mark-up for overhead and profit for all tiers involved in a change to the Contract Sum shall not exceed 20%. Page 86 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 6 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 .3 The percentage for profit and overhead allowed by the Owner may be less than the amounts above, depending on the nature, extent or complexity of the change, where the percentage is not commensurate with the responsibility and administration involved, such as the Contractor merely processing a substantial Change Order to a Subcontractor or the Contractor processing an order for additional equipment. B.Paragraph 7.4 Minor Changes in the Work 1. Add to Paragraph 7.4: The Architect may issue a written order authorizing such minor changes in the Work without the Owner's or Contractor's signature, but shall notify the Owner in writing within two business days of any such written order. ARTICLE 8 – TIME A.Paragraph 8.2 Progress and Completion 1. Add Clause 8.2.2.1: If a Contract is awarded, construction at the site may commence upon, but not before, (1) Contractor's receipt of a Notice to Proceed from the Owner, and (2) Owner's receipt of Contractor's insurance certificates and Subcontractors list. ARTICLE 9 – PAYMENTS AND COMPLETION A.Paragraph 9.3 Applications for Payment 1. Delete the first sentence of Subparagraph 9.3.3 and substitute the following: The Contractor expressly agrees and warrants that all legal title, ownership rights, and insurable interest for all Work covered by an application for Payment transfers to the Owner no later than the time for payment. 2. Add to Subparagraph 9.3.3: .1 It shall be the duty of the Contractor to comply with the lien laws of the state and furnish papers, when necessary, for the protection of the interests of the Owner. .2 The Contractor shall furnish to the Architect, along with each request for payment (except the first), receipted bills or partial, or final (as the case may be) lien releases covering all material used and subcontracts performed in connection with this Contract through the date of the current billing. .3 Should the Contractor fail to do this, request for payment by the Contractor will not be certified. Before final payment will be made, the Contractor shall furnish final waivers of lien, covering all material used and subcontractors performed in connection with this Contract. Partial and final lien waivers shall be shown in actual amounts. No waivers for $1.00 or such token amounts will be allowed. B.Paragraph 9.7 Failure of Payment 1. In the last sentence of Subparagraph 9.7, delete "plus interest" and add the words "excluding interest". C.Paragraph 9.8 Substantial Completion 1. Delete Subparagraph 9.8.2 and 9.8.3 and replace with the following: 9.8.2 When the Architect/Engineer, after inspection and consultation with the Owner, the Owner's Representative, and the Contract, considers that the Work or a portion thereof which the Owner agrees to accept separately, is Substantially Complete in accordance with the Contract Documents, The Architect/Engineer will prepare a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor shall proceed promptly to complete and correct items on such list. Page 87 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 7 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 9.8.3 When the Architect/Engineer determines, on the basis of its inspection, that the Work or designated portion thereof is Substantially Compete in accordance with the Contract Documents and provided such occupancy or use is authorized by the public authority having jurisdiction over the Project, the Architect/Engineer will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and may 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. D.Paragraph 9.9 Partial Occupancy or Use 1. At the end of Subparagraph 9.9.3, add "and all applicable laws, codes, ordinances, rules, regulations, and industry standards." E.Paragraph 9.10 Final Completion and Final Payment 1. In the first sentence of Subparagraph 9.10.1, after the words "Contract Documents" where they appear, add "and all applicable laws, codes, ordinances, rules, regulations, and industry standards," 2. Add to Subparagraph 9.10.1: .1 If the status of completion of the Work requires re-inspection by the Architect prior to issuance of final payment due to failure of the Work to comply with the Contractor's written notice that the Work is ready for final inspection and acceptance, the Owner will deduct the additional Architect's compensation amount for re-inspection services from the final payment to the Contractor. 3. Delete Subparagraph 9.10.2 in its entirety and substitute: 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (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 substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases ad waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extend and in such form as may be designated by the Owner. If a subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. .1 Construction Record Drawings: Significant changes incorporated in the Project construction which differ from the original Contract Drawings shall be indicated on reproducible Contract Drawings furnished by the Architect, and/or shop drawings as appropriate. Indicate on each drawing (Contract Drawings and shop drawings used for this purpose) in the space provided at the bottom of each drawing (those furnished by the Architect), the following: Page 88 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 8 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 CONSTRUCTION CHANGES HAVE BEEN INCORPORATED ON THIS DRAWING Contractor Address Date Project Manager **OR** CONSTRUCTION CHANGES WERE NOT REQUIRED ON THIS DRAWING Contractor Address Date Project Manager 4. Delete Subparagraph 9.10.4 in its entirety and substitute: The making of final payment shall not constitute a waiver of any of the Owner's claims, legal or equitable rights, remedies, or redress. ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY A.Paragraph 10.2 Safety of Persons and Property 1. In Subparagraph 10.2.1., delete "The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection" and substitute the words "The Contractor shall exercise the highest degree of care for safety of, and shall exercise the highest degree of care". 2. Add to Clause 10.2.1.3: The Contractor shall send notices, make necessary arrangements and provide services required for the care of gas mains, water pipes, steam pipes, sewer pipes, communication conduits, cables, and other equipment or property, assuming responsibility and paying costs for which the Owner may be liable. The Contractor shall consult the Public Service Companies' records to determine the locations and extent of utilities. Existing services shall be maintained without interruption unless new services are provided. 3. Add to Subparagraph 10.2.1: .4 All of the Owner's existing real and personal property, including but not limited to entire building structures, all contents and Owner's furnishings. Page 89 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 9 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 4. Delete Subparagraph 10.2.2 in its entirety and substitute: 10.2.2 The Contractor shall give notices and shall comply in all respects to all Contract Documents, laws, codes, ordinances, rules, regulations, and industry standards bearing in any manner on safety of persons or property or their protection from damage, injury, or loss. The Contractor shall be directly responsible to, and shall reimburse and compensate any person or entity, including the Owner, for any damage, injury, or loss caused by any actions or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable in failing to comply with this Paragraph 10.2. 5. Add to Subparagraph 10.2.4: .1 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary, the Contractor shall give the Owner reasonable advance notice. 6. In the first sentence of Subparagraph 10.2.5, delete "(other than damage or loss insured under property insurance required by the Contract Documents)" 7. In the first sentence of Subparagraph 10.2.5, delete the words "Sections 10.2.1.2 and 10.2.1.3" where they appear, and substitute "this Paragraph 10.2" B.Paragraph 10.3 Hazardous Materials and Substances 1. In Subparagraph 10.3.1, after the word "(PCB)" add "or lead-bearing surfaces." ARTICLE 11 – INSURANCE AND BONDS A.Refer to AIA A101-2017 Exhibit A, Insurance and Bonds attached at the end of this Document. This Exhibit will also be made part of the Contract for Construction. ARTICLE 12 – UNCOVERING AND CORRECTION OF WORK A.Paragraph 12.1 Uncovering of Work 1. In Subparagraph 12.1.1, add "or the Owner" after the word "Architect" the second time if occurs. 2. In the first sentence of Subparagraph 12.1.2, add "or the Owner" after the word "Architect" the second time it occurs. B.Paragraph 12.2 Correction of Work 12.2.1 Before Substantial Completion 1. After the word "Documents" where it appears, add "and all applicable laws, codes, ordinances, rules, regulations, and industry standards." 12.2.2 After Substantial Completion 1. In Subparagraph 12.2.2.1, after the word "Documents" where it appears, add "and all applicable laws, codes, ordinances, rules, regulations, and industry standards." 2. Delete the last two sentences of Subparagraph 12.2.2.1. 3. Delete Subparagraph 12.2.2.3 in its entirety. ARTICLE 13 – MISCELLANEOUS PROVISIONS A.Paragraph 13.4 Test and Inspections 1. At the end of the second sentence in Subparagraph 13.4.1, add "and shall immediately provide copies of all results, and reports of such tests, inspections, and approvals to both the Owner and the Architect." 2. In the third sentence in Subparagraph 13.4.1, after the word "Architect" add "and the Owner" Page 90 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 10 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 3. At the end of Subparagraph 13.4.2, add: "The Contractor shall immediately provide copies of all results, and reports of such tests, inspections, and approvals to both the Owner and the Architect." B.Paragraph 13.5 Interest 1. Delete Paragraph 13.5 in its entirety. C. Add 13.6 Fair Employment Practice The Contractor and every subcontractor shall comply with all applicable provisions, terms and conditions of applicable ordinance pertaining to fair employment practice. The Contractor, in relation to the subject Contract, shall not discriminate against any employee of, or applicant for employment with, the Contractor in the locality of the work, and shall include a similar provision against discrimination in every subcontract germane thereto, requiring employment at the Project. The words “discriminate” and “discrimination” as used herein hereby are defined and declared to mean and include discrimination or segregation on the ground or because of race, sex, religion, creed, color, national origin, sexual orientation, or ancestry. ARTICLE 14 – TERMINATION OR SUSPENSION OF THE CONTRACT A. Delete 14.4.3 and replace with the following: 14.4.3 In case of termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner on the same basis provided in Subparagraph 14.1.3 as supplemented herein. However, if the Owner has incurred damages or loss as a result of the actions or omissions of the Contractor, Subcontractors, Sub-subcontractors, or anyone directly or indirectly employed by them of for whose acts they may be liable, the Owner shall be entitled to reduce any payments to the Contractor by the amount of any such damages or loss, and shall further be entitled to institute all legal and equitable proceedings against the Contractor to recover any remaining damages or loss resulting from such actions or omissions. ARTICLE 15 – CLAIMS AND DISPUTES A.Paragraph 15.1 Claims 1. Delete Subparagraph 15.1.2 Time Limits on Claims in its entirety and substitute the following: 15.1.2 Claims made by the Contractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims made by the Owner must be made within 60 days after occurrence of the event giving rise to such claim or within 60 days after the Owner first recognizes the conditions giving rise to the Claim, whichever is later. 2. Add Paragraph 15.1.5.3: 15.1.5.3 Injury or Damage to Person or Property. If either party to the contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time. The notice shall provide sufficient detail to enable the other party to investigate the matter. 3. Delete Subparagraph 15.1.6 in its entirety. Page 91 of 104 2025 Reroofing Fire Station 1 City of Farmington 07 20 00 - 11 Construction Documents 07/24/2025 Supplementary Conditions Inspec 215993 ARTICLE 16 – RESPONSIBLE CONTRACTOR A. Add Article 16: Responsible Contractor All provisions of Minnesota Statutes section 16C.285 are herein incorporated by reference and made applicable to this Contract. Compliance with Section 16C.285 is a condition precedent and subsequently of this Contract, and failure to comply during the term of this Contact with any of the requirements contained in Section 16C.285, including but not limited to continued compliance with subdivision 3 of said section, shall constitute a substantial breach of Contract. END OF DOCUMENT Page 92 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation from Michelle Bade to the Rambling River Center Meeting: Regular Council - Aug 18 2025 INTRODUCTION: Michelle Bade recently gave a donation to the Rambling River Center (RRC). DISCUSSION: Michelle Bade won $100 from the RRC and Farmington Rotary raffle. Instead of taking the prize money, she donated the $100 back to the RRC. The donated money will be placed in the RRC Capital Improvement Fund, so it may either be used for future building improvements and/or to purchase new equipment or furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Michelle Bade for this generous donation. ACTION REQUESTED: Adopt Resolution 2025-057 Accepting a Donation of $100 from Michelle Bade to the Rambling River Center. ATTACHMENTS: 2025-057 Accepting $100 from Michelle Bade Page 93 of 104 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-057 A RESOLUTION ACCEPTING A DONATION OF $100 FROM MICHELLE BADE TO THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Michelle Bade has donated $100 to the Rambling River Center; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of $100 from Michelle Bade to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 94 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Ordinance 2025-006 Amending Titles 6 and 10 of the Farmington City Code as it Relates to the Keeping of Honey Bees and the Abatement of Nuisances; and Amending Title 8, Chapter 12, Fees and Charges Schedule Meeting: Regular Council - Aug 18 2025 INTRODUCTION: An ordinance amendment to allow beekeeping on residential lots smaller than 2.5 acres is proposed for City Council's consideration and passage. DISCUSSION: Background On August 14, 2024, the Planning Commission conducted an initial discussion regarding a potential amendment to City Code Section 6-4-2 to permit beekeeping on residential lots smaller than 2.5 acres. Under the current Code, beekeeping is only allowed on lots exceeding 2.5 acres. The discussion was initiated by a request from a resident with prior beekeeping experience who is unable to keep bees due to their lot size. In recent years, Staff have also received occasional inquiries from other residents expressing similar interest. The popularity of self-sufficient food production—such as the raising of bees and chickens—has been growing, and many Cities in Minnesota have passed ordinances allowing beekeeping on residential lots. The Planning Commission expressed interest in the proposal but requested additional information on how surrounding communities regulate beekeeping. At its February 11, 2025 meeting, Staff presented a comparison of ordinances from Eagan, Lakeville, and Rosemount, as well as a model ordinance from the Minnesota Hobby Beekeepers Association. The Commission reviewed various regulatory setbacks, colonies, of placement and type, permit including elements, number construction and equipment standards, barriers or screening, living conditions, colony behavior, beekeeper education, inspections, and termination procedures. The Commission expressed a preference for the City of Eagan’s ordinance, citing its comprehensive requirements. The Planning Commission agreed it would be best to adopt a strict ordinance initially, with the option to amend or relax certain provisions in the future as needed. Draft ordinance language, modeled around Eagan's ordinance and our urban chicken ordinance, was discussed at the April 8, 2025 and the June 10, 2025, Planning Commission meetings. After receiving feedback from the Planning Commision, the public hearing for the ordinance was scheduled and noticed for the August 12, 2025 Planning Commission meeting. No public comment was received, and the Planning Commission voted to recommend approval of the ordinance. Page 95 of 104 Ordinance The following is an overview of what is included in the beekeeping ordinance:  Definitions section.  An administrative permit must be applied for and be approved by Staff. An approved permit is valid for one year and must be renewed annually. The initial permit fee will be $100 with the renewal fee being $40. Adjacent property owners will be notified of an approved permit.  Detailed site plan must be submitted with the application.  Applicants must submit proof of competition of a beekeeping basics course or three or more years of beekeeping experience.  Hives are only allowed in rear yard.  Number of hives allowed is determined by lot size.  Setbacks - 20 feet from lot lines, 30 feet from adjacent decks, patios, swimming pools, or other outdoor living space. If an adjacent property is a stormwater pond/wetland area, the setback shall be reduced to 5 feet from the property line.  A flyway barrier is required if hives are kept within 25 feet of a lot line or 35 feet from adjacent decks, patios, swimming pools, or other outdoor living space. The barrier either must run parallel to the lot line for at least 10 feet in both directions in front of the hive entrance or a flyway barrier may be placed to surround the hive on three sides.  Inspections will be required upon issuance of the permit and each time a renewal permit is received.  Hives shall be kept in good condition and colonies shall be continuously managed to prevent swarming.  Termination - permits will be terminated if: expired and no renewal permit was received, violation of the ordinance or permit is occurring, failure to allow an inspection, transfer of ownership of the property, or if a public nuisance is occurring. Hives that aren't removed after a permit is terminated will be deemed a public nuisance and may be abated by the City. Hives will need to be removed within 5 days of notice, but an alternative timeframe may be approved, if necessary, by the Planning Department. The City Attorney has reviewed the ordinance and found it to be acceptable. Staff recommends approval of Ordinance 2025-006 to allow beekeeping on residental lots smaller than 2.5 acres. ACTION REQUESTED: Motion to approve and pass Ordinance 2025-006 Amending Titles 6 and 10 of the Farmington City Code as it Relates to the Keeping of Honey Bees and the Abatement of Nuisances; and Amending Title 8, Chapter 12, Fees and Charges Schedule. ATTACHMENTS: 2025-006 Beekeeping Ordinance Page 96 of 104 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2025-006 AN ORDINANCE AMENDING TITLES 6 AND 10 OF THE FARMINGTON CITY CODE AS IT RELATES TO THE KEEPING OF HONEY BEES AND THE ABATEMENT OF NUISANCES; AND AMENDING TITLE 8, CHAPTER 12, FEES AND CHARGES SCHEDULE The City Council of the City of Farmington ordains: SECTION 1. Tile 6, Chapter 4, Section 2(C) of the Farmington City Code is amended as follows (deleted text is stricken and added text is underlined): 6-4-2: KEEPING ANIMALS WITHIN THE CITY: (C) Farm Animals: Except as provided in this subsection, The the keeping of farm animals, with the exception of chickens on urban residential lots which are regulated under section 10-6-29 of this code, is a permitted accessory use in all zoning districts provided: 1. The minimum lot size is two and one-half (2 ½) acres. 2. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the keeper of the animals, unless: (a) The animals were kept prior to the adoption of this section, or (b) The animals were kept after the adoption of this section but prior to the existence of a residence within one hundred feet (100’). 3. The provisions of Subsections (C)1. and (C)2. do not apply to the keeping of honey bees on urban residential lots which are regulated under section 10-6-31 of this code, and do not apply to the keeping of chickens on urban residential lots which are regulated under section 10-6-29 of this code. SECTION 2. Title 6, Chapter 6, Section 2 of the Farmington City Code is amended as follows (deleted text is stricken and added text is underlined): 6-6-2: ABATEMENT: When any dwelling or any building, structure, excavation, business pursuit, matter or thing in or about a dwelling, or the lot on which it is situated, or the plumbing, sewerage, drainage, light or ventilation thereof, is in the opinion of the board of health Director of Community Development, in a condition or in effect dangerous or detrimental to life or health (as set forth in section 6-6-1 of this section), the board of health Director of Community Development may declare that the same, to the extent that it may specify, is a public nuisance, and shall order the same to be removed, abated, suspended, altered or otherwise improved or purified as the order shall specify. The board of health Director of Community Development may also order or cause any dwelling Page 97 of 104 Ordinance 2025-006 Page 2 of 6 or excavation, building, structure, sewer, plumbing pipe, passage, premises, ground, matter or thing in or about a dwelling, or the lot on which it is situated, to be purified, cleansed, disinfected, removed, altered, repaired, or improved. If any order of the board of health Director of Community Development issued under authority of the provisions hereof is not complied with, or so far complied with as may be regarded as reasonable, within fifteen (15) days after the service of said notice, or within such shorter time as may be designated, then such order may be executed by the board of health, through its officers, agents, employees or contractors Director of Community Development or the Director’s designee(s), and the cost thereof may be assessed against said property as provided by law an unpaid special charge pursuant to Minnesota Statutes § 429.101. Any beehive that is kept pursuant to Section 10-6-31 of this code for which a permit has been terminated shall be removed by the beekeeper, as defined by Section 10-6-31 of this code, within five (5) days of the permit termination or a timeframe otherwise approved by the Planning Department. Any beehive that is not removed by the beekeeper within five (5) days shall be deemed a public nuisance as a safety hazard. The city shall remove the beehive on the order of the Director of Community Development, and shall charge the beekeeper for the costs of abatement. Any unpaid abatement cost may be assessed as an unpaid special charge pursuant to Minnesota Statutes § 429.101. SECTION 3. Title 10, Chapter 6, Section 32 is hereby added as follows into the Farmington City Code: 10-6-32: KEEPING OF HONEY BEES ON URBAN RESIDENTIAL LOTS (A) Definitions: The following definitions shall apply for this section: APIARY: The assembly of one or more colonies of honey bees on a single lot. APAIRY LOT: the lot upon which an apiary is located. BEEKEEPER: a person who either owns one (1) more colony of honey bees and/or owns the property on which a honey bee colony is located. BEEKEEPING EQUIPMENT: anything used in the operation of an apiary, including but not limited to hive bodies, brood boxes, supers, hive frames, top and bottom boards, platforms, beekeeping tools or supplies, and extractors. COLONY: an aggregate of honey bees, consisting generally of one queen bee, worker bees, drone bees, or any combination thereof, and at times including brood, comb, pollen and honey. HIVE: the receptable intended for the habitation of a colony, which may be a “top bar” hive or a traditional multistoried 8-10 frame hive that has one or more brood boxes, plus any honey supers as may be added. Page 98 of 104 Ordinance 2025-006 Page 3 of 6 HONEY BEE: all life stages of the common domestic honey bees, apis mellifera species. NUCLEUS HIVE: a hive receptacle or hive body that is nine and five-eighths inches deep, and holds three to five frames and a small quantity of honey bees, which may include a queen, for particular beekeeping purposes, such as starting a new colony, introducing of a new queen to an existing colony, or rearing a new queen. SWARMING: the process where a queen bee leaves a colony with a large group of worker bees. (B) Administrative Permit Required: An administrative permit shall be required for the keeping of honey bees upon a property less than two and one-half (2 ½) acres in size and developed with a single-family dwelling within a residential zoning district. The keeping of honey bees on lots two and one-half (2 ½) acres and larger are regulated under section 6-4-2 of this code. An administrative permit application must be submitted to the Planning Department with a fee, as established by the City Council. Upon receipt of the administrative permit application, all adjacent property owners will be notified of the application. Supporting information/documents to be submitted to the Planning Department with an administrative permit application are: 1. Number of colony hives to be kept on the premises. The beekeeper must live on the property where the colony hives are kept. 2. Detailed site plan of the lot on which the colony hives are to be kept. The site plan shall show the lot dimensions, location of the colony hives, setbacks of the colony hives to property lines, setbacks of the colony hives from dwelling units, decks, patios, swimming pools, or other outdoor living spaces on adjacent properties, and the location, length, and materials of proposed flyway barriers. 3. Proof of completion of a beekeeping basics course through the University of Minnesota Bee Lab or a local beekeeper club/association within 12 months of the date of the application or proof of three or more consecutive years of actual beekeeping experience, established by substantiated evidence thereof, within five years immediately preceding the date of application. The Planning Department shall have the final determination if the education requirements are met or if additional evidence or education is needed. 4. Any other information the Planning Department deems necessary to evaluate the application for compliance with the requirements of this section. (C) Duration of Permit: An approved permit shall be valid for 1 year and must be renewed every year from its date of issuance. (D) Performance Standards: 1. The number of colony hives permitted on a lot is determined as follows: (a) Less than 0.5 acres: 2 colonies (b) 0.5 acres to less than 2.5 acres: 4 colonies (c) Larger than 2.5 acres: no restriction 2. Colony hives are only allowed in the rear yard 3. Colony hives shall observe the following setbacks: (a) 20 feet from any lot line or 5 feet if the lot line abuts a stormwater pond/wetland Page 99 of 104 Ordinance 2025-006 Page 4 of 6 area with no adjacent trails. (b) 30 feet from decks, patios, swimming pools, or other outdoor living spaces on adjacent properties 4. If a colony hive is kept within 25 feet of a lot line of the apiary site or within 35 feet of a dwelling unit, deck, patio, swimming pool, or other living space on an adjacent lot, a flyway barrier of at least six feet in height shall be required in accord ance with the following requirements: (a) The flyway barrier shall either be a stone wall, solid fence, dense vegetation or combination thereof, in order that honey bees must fly over, rather than through, the material to reach the colony. The flyway barrier shall be constructed of high quality, durable materials and follow any other applicable City Code provisions herein. (b) If a flyway barrier is proposed to be dense vegetation, the initial planting may be four feet in height, so long as the vegetation reaches six feet in height or higher within two years of planting. The vegetation shall provide dense screening from six inches from grade to the top of the vegetation year-round. (c) The flyway barrier shall either continuously run parallel to the apiary site’s lot line for a distance of ten (10) feet in both directions in front of each hive entrance side or the flyway barrier shall surround three sides of the hive including the entrance and both sides of the hive to force the colony to go up and out of the hive rather than go straight, left, or right. 5. Colonies shall be kept in hives with removable frames and kept in good condition. 6. Each hive shall be continuously managed to provide adequate and healthy living spaces to prevent swarming. 7. All beekeeping equipment shall be kept in good condition and unused equipment shall be stored indoors. 8. Each colony shall be provided with a source of clean water. 9. For each colony allowed, there may also be one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth ten (10) -frame hive body with no supers. 10. If a colony exhibits frequent aggressive behavior, the beekeeper shall take immediate action to address and correct it, including replacing the queen, if necessary. 11. Fruit trees and other flowering trees may not be sprayed while in full bloom with any substance harmful to honey bees. (E) Inspection: Upon issuance of the permit and full set up of the first hive, the permit holder shall permit the city to inspect the apiary lot. The apiary lot shall be inspected each time a renewal permit is received. The apiary lot may be inspected at any reasonable time to ensure compliance with this ordinance. (F) Termination: 1. An approved permit shall be terminated and the colony hives shall be removed from the apiary lot if any of the following occurs: (a) The permit expires without a renewal application being received. (b) The city finds a violation of the approved permit or this ordinance. (c) Failure to allow the city to inspect the apiary lot. (d) The keeping of honey bees in an unlawful manner so as to constitute a public nuisance or to otherwise adversely affect the health, safety or general welfare of the public. Page 100 of 104 Ordinance 2025-006 Page 5 of 6 (e) A transfer of ownership of the property. 2. Any hive not removed after a permit has been terminated shall be deemed a public nuisance and may be abated pursuant to Section 6-6-2 of this code. SECTION 4. FEE SCHEDULE. Beekeeping Permit Fees are hereby added to the 2025 Fee Schedule as follows: Permits - Special 2025 Amount Beekeeping Permit Initial Permit $100 Renewal Permit $40 SECTION 5. SUMMARY PUBLICATION. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION ORDINANCE 2025-006 AN ORDINANCE AMENDING TITLES 6 AND 10 OF THE FARMINGTON CITY CODE AS IT RELATES TO THE KEEPING OF HONEY BEES AND THE ABATEMENT OF NUISANCES; AND AMENDING TITLE 8, CHAPTER 12, FEES AND CHARGES SCHEDULE During their August 18, 2025 meeting, the City Council of the City of Farmington passed Ordinance 2025-006. Pursuant to Minnesota Statues Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and without cost by any person at the office of the City Clerk, the summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance includes the following related to Titles 6, 8, and 10 of the Farmington City Code: • Establishes a permit that would allow for beekeeping on urban residential lots. • Establishes requirements and performance standards for beekeeping on urban residential lots. • Establishes abatement procedures for terminated beekeeping permits. • Establishes permit fees for a beekeeping permit. EFFECTIVE DATE: This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. Page 101 of 104 Ordinance 2025-006 Page 6 of 6 SECTION 6. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 102 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Matt Price, Fire Chief Department: Fire Subject: Resolution Accepting Grant Award from CenterPoint Energy Community Safety Grant Program Meeting: Regular Council - Aug 18 2025 INTRODUCTION: The Farmington Fire Department has been awarded a $2,500.00 grant from CenterPoint Energy Community Safety Grant Program to replace our Personal Floatation Devices (PFDs). DISCUSSION: Since 2003, the Community Safety Grant program has awarded approximately $3.5 million in funding for over 1,700 safety-related projects across CenterPoint's service area. CenterPoint Energy is thrilled to be able to invest the Farmington Fire Department's vital safety project to enhance the quality of life for our communities water rescues. The Community Safety Grant program offers an additional opportunity for CenterPoint Energy to invest in the communities that they serve. Across Minnesota service area, CenterPoint has awarded more than $85,000 to 35 communities to support safety projects in 2025. ACTION REQUESTED: Adopt Resolution 2025-058 Accepting a Grant Award from CenterPoint Energy Community Safety Grant to Support the Purchase of Personal Flotation Devices (PDFs) to the Farmington Fire Department, in the amount of $2,500.00. ATTACHMENTS: Resolution 2025-058 Page 103 of 104 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-058 A RESOLUTION ACCEPTING A GRANT AWARD FROM CENTERPOINT ENERGY COMMUNITY SAFETY GRANT TO SUPPORT THE PURCHASE OF PERSONAL FLOTATION DEVICES (PFDs) TO THE FARMINGTON FIRE DEPARTMENT WHEREAS, the Farmington Fire Department submitted a grant application for the purchase of Personal Flotation Devices; and WHEREAS, CenterPoint Energy has awarded a $2,500.00 grant to the Farmington Fire Department to purchase Personal Flotation Devices; and WHEREAS, it is in the best interest of the City to accept this grant award. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the $2,500.00 grant award from CenterPoint Energy to purchase Personal Flotation Devices for the Farmington Fire Department. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of August 2025. ATTEST: Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 104 of 104