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City Council Agenda Packet 06-23-2025
AGENDA REGULAR MEETING – MONTICELLO CITY COUNCIL Monday, June 23, 2025 – 6:30 p.m. Mississippi Room, Monticello Community Center Mayor: Lloyd Hilgart Council Members: Kip Christianson, Charlotte Gabler, Tracy Hinz, and Lee Martie 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda – Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Special Meeting Minutes from June 9, 2025 • Regular Meeting Minutes from June 9, 2025 D. Citizen Comments – Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements/Updates F. Council Liaison Updates • Library Board • Economic Development Authority (EDA) • Central Mississippi River Partnership (CMRP) G. Department Updates • Construction Update • Ember Ash Borer (EAB) Update 2. Consent Agenda – All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion CITY COUNCIL SPECIAL MEETING (Academy Room) 5 – 5:15 p.m. CLOSED Meeting – Consideration of sale of City Property PID: 155164000030 Authorized by MN Statute 13D.05, Subd. 3 5:15 – 6:15 p.m. Discussion on The Pointes at Cedar unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2025-41 accepting donations of $300 from Ampact for Farmers Market Power of Produce Kids Club, $1,828.80 from Phillips Wine & Spirits for co-sponsorship of a signing event on July 12, 2025, and $10,000 from Cargill for Fire Department Special Response Unit E. Consideration of approving a temporary gambling permit for the Magic MHS Touchdown Booster Club on August 23, 2025, at the Monticello Country Club F. Consideration of adopting Resolution 2025-42 calling for a public hearing on a vacation of easement for 85th Avenue NE G. Consideration of contract amendment with Stonebrook Engineering for the Golf Course Road (CSAH 39) Trail Project in the amount of $116,000 H. Consideration of awarding contract to Rice Lake Construction Group for Construction Manager at Risk Preconstruction Services for the Monticello Water Supply Treatment Plant I. Consideration of approving a Special Event Permit for Rotary Club of Monticello’s 70th Anniversary Event at Ellison Park on June 30, 2025 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda A. Consideration of City comment on a request for rezoning in the Monticello Orderly Annexation Area B. Consideration of approving a contract with Bolton and Menk, Inc. for engineering services for the expansion of a public downtown share d use parking lot in the amount of $28,483 5. Adjournment City Council Special Meeting Minutes – June 9, 2025 MINUTES MONTICELLO CITY COUNCIL SPECIAL MEETING Monday, June 9, 2025 – 6 p.m. Monticello Community Center Present: Lloyd Hilgart, Kip Christianson, Charlotte Gabler, Tracy Hinz, and Lee Martie Absent: None Staff: Rachel Leonard, Sarah Rathlisberger, Angela Schumann, Jim Thares, Bob Ferguson 1. Call to Order Mayor Lloyd Hilgart called the special meeting to order at 6 p.m. 2. Discussion on Downtown Parking Discussion City Administrator Rachel Leonard presented a discussion and options to address the need for additional downtown parking. She outlined two potential solutions for City Council’s consideration. It was noted that, should the Council choose to proceed with one of the options, an item would be brought forward for consideration at the June 23, 2025 meeting. The first option is to expand the parking lot in Block 51 behind Drawers of Davlee. This option would add 17 spaces within the interior of the block at an estimated cost of $145,747. It was noted that this would require demolition of an existing garage . The second option proposes adding angled parking on River Street in Block 54. This would provide three additional spaces at an estimated cost of $27,075. The City Council discussed the options, with all Council Members expressing a preference to expand the parking lot behind Drawers of Davlee. Mayor Hilgart stated that staff should maximize the number of parking spaces, including exploring the sloped area to add two additional parking stalls and extending striping further down River Street. The City Council reached a consensus for staff to proceed with adding parking behind Drawers of Davlee, using funds transferred from the DMV fund. 3. Adjournment By consensus, the meeting was adjourned at 6:15 p.m. Recorder: Jennifer Schreiber ____________________ City Council Special Meeting Minutes – June 9, 2025 Attest: ________________________ City Administrator City Council Minutes: June 9, 2025 Page 1 | 3 MONTICELLO CITY COUNCIL REGULAR MEETING MINUTES Monday, June 9, 2025 – 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Kip Christianson, Tracy Hinz, Charlotte Gabler, and Lee Martie Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. B. Approval of Agenda Motion by Council Member Christianson to approve the agenda with the added item of School Boulevard roundabout discussion. Council Member Hinz seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Special Meeting Minutes from March 31, 2025 • Special Meeting Minutes from May 27, 2025 • Regular Meeting Minutes from May 27, 2025 Motion by Council Member Hinz to approve the minutes. Council Member Martie seconded the motion. Motion carried unanimously. D. Citizen Comments None. E. Public Service Announcements Stephanie Trottier, Communications and Marketing Specialist, noted the following announcements: • 2024 Annual Drinking Water Report on City’s Website • Farmers Market Thursday at 3:30 p.m. • Movie in the Park – Moana 2 • Walk & Roll Event on June 14 • Bubble & Foam Party on June 17 • Music on the Mississippi on June 18 • Juneteenth Business Hours City Council Minutes: June 9, 2025 Page 2 | 3 F. Council Liaison Updates • Industrial & Economic Development Committee (IEDC) – Council Member Gabler commented on the meeting held June 3. The topic of discussion was the Greater MSP Partnership and being RFI ready. • Planning Commission – Council Member Christianson gave an update of the meeting held June 3. The agenda included an amendment to the City Code regarding parking which was approved. • Economic Development Authority (EDA) – Council Member Hinz noted that the EDA adopted a resolution reaffirming a façade improvement forgivable loan to Nordic Taphouse. G. Department Updates • Human Resource Update - Tracy Ergen, Human Resources Manager, presented her annual update to City Council. • Construction Update – Stephanie Trottier gave an update on current construction projects. 2. Consent Agenda: Motion by Council Member Hinz to approve the Consent Agenda. Council Member Christianson seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $1,283,151.53. B. Consideration of approving new hires and departures for City departments. Action taken: Approved the hires for the Monticello Community Center (MCC) and Streets Department and terminations for the MCC. C. Consideration of approving the sale/disposal of surplus city property. Action taken: No report this cycle. D. Consideration of adopting Resolution 2025-40 accepting donations of $300 from Sweep Home MN LLC and $300 from Healing Moments Counseling for Farmers Market Power of Produce and a donation of flowers ($345.08) from Donna Dunkerson for the Parks, Arts, and Recreation Department. Action taken: Adopted Resolution 2025-40 accepting the donations. E. Consideration of adopting Resolution 2025-39 endorsing a Job Creation Fund (JCF) grant application submittal to MN-Deed in the amount of $175,000 by Karlsburger Foods in connection with a proposed production facility expansion . Action taken: Adopted Resolution 2025-39 endorsing the grant submittal. City Council Minutes: June 9, 2025 Page 3 | 3 F. Consideration of adopting Ordinance 851 amending the Monticello City Code, Title XV, Land Usage, Chapter 153: Zoning Ordinance, Section 153.044 Business Base Zoning Districts, Central Community District for standards applicable to Parking and 153.067 Off-Street Parking, Standards applicable to commercial, industrial and civic/institutional uses in the Central Community District (CCD). Action taken: Adopted Ordinance 851 based on findings in Resolution PC-2025- 016. 3. Additional Items • Discussion on School Boulevard Roundabouts City Administrator provided a brief overview of the item. The Council was asked to give direction regarding the color of the concrete for the new roundabouts included in the School Boulevard project. The proposed option features colored concrete similar to that used on Fenning Avenue and is already included in the project specifications. An alternative option – featuring a darker shade, like that used on the Fallon Avenue roundabout – was also presented. However, this alternative would incur an additional cost of approximately $18,000. The City Council discussed the item and reached a consensus to move forward with the option already included in the project specifications, which would incur no additional cost. 4. Adjournment The meeting was adjourned at 7:13 p.m. Recorder: Jennifer Schreiber __________________________________ Attest: ____________________________________ City Administrator City Council Agenda: 6/23/2025 1 2A. Consideration of approving payment of bills Prepared by: Finance Director Meeting Date: 6/23/2025 ☒Consent Agenda Item ☐Regular Agenda Item Reviewed by: N/A Approved by: City Administrator ACTION REQUESTED Motion to approve the bill and purchase card registers for a total amount of $1,754,382.84. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. I.Budget Impact: N/A II.Staff Workload Impact: No additional work. III.Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA •Bill registers and purchase card registers Accounts Payable User: Printed: julie.cheney@monticellomn.gov 6/17/2025 1:52 PM Checks by Date - Summary by Check Date Check No Check DateVendor NameVendor No Check Amount 1426 CITY OF MONTICELLO 06/15/2025 6,353.35ACH 1565 WELLS FARGO CORP TRUST SERVICE 06/15/2025 230,000.00ACH 2282 MRI SOFTWARE 06/15/2025 74.00ACH 2405 WELLS FARGO - Monthly Charges/Returns06/15/2025 19,978.32ACH 2438 VANCO SERVICES LLC 06/15/2025 119.11ACH 2811 US BANK CORPORATE PMT SYSTEM 06/15/2025 41,794.17ACH 3241 LINCOLN FINANCIAL GROUP 06/15/2025 3,522.53ACH 4263 CAYAN 06/15/2025 1,861.87ACH 4470 US BANK - BONDS 06/15/2025 172,153.76ACH 4732 MONEY MOVERS, INC.06/15/2025 14.50ACH 5147 MN PEIP 06/15/2025 66,523.75ACH 5188 HEALTHY CONTRIBUTIONS 06/15/2025 8.60ACH 6041 HEALTHEQUITY INC 06/15/2025 32.80ACH 542,436.76Total for 6/15/2025: Report Total (13 checks): 542,436.76 Page 1AP Checks by Date - Summary by Check Date (6/17/2025 1:52 PM) The preceding list of bills payable was reviewed and approved for payment. Date: 6/23/25 Approved by:_____________________________________ Mayor Lloyd Hilgart The preceding list of bills payable was reviewed and approved for payment. Date: 6/23/25 Approved by:_____________________________________ Mayor Lloyd Hilgart City Council Agenda: 6/23/2025 2 2B. Consideration of approving new hires and departures for City departments Prepared by: Human Resources Manager Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: N/A Approved by: City Administrator ACTION REQUESTED Motion to approve new hires and departures for city departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. I. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees. Name Title Department Hire Date Class Name Reason Department Effective Date Class McKenna Thoe Voluntary MCC 12/30/2024 PT Hadley Branson Voluntary MCC 5/17/2025 PT NEW EMPLOYEES TERMINATING EMPLOYEES City Council Agenda: 6/23/2025 1 2C. Consideration of approving the sale or disposal of surplus City property Prepared by: N/A Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: N/A Approved by: N/A There is no report this City Council Cycle. City Council Agenda: 6/23/2025 1 2D. Consideration of adopting Resolution 2025-41 accepting donations of $300 from both West Metro Buick GMC and Ampact for the Farmers Market Power of Produce Kids Club, $1,828.80 from Phillips Wine & Spirits for co-sponsorship of an event in July at Hi-Way Liquors, and a donation of $10,000 from Cargill for Fire Department Special Response Unit (SRU) Prepared by: City Clerk Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: N/A Approved by: City Administrator ACTION REQUESTED Motion to adopt Resolution 2025-41 accepting donations of $300 from both West Metro Buick GMC and Ampact for the Farmers Market Power of Produce Kids Club, $1,828.80 from Phillips Wine & Spirits for co-sponsorship of an event in July at Hi-Way Liquors, and a donation of $10,000 from Cargill for Fire Department Special Response Unit (SRU). REFERENCE AND BACKGROUND The City Council is being asked to accept the following donations: • $300 from West Metro Buick GMC and Ampact for the Farmers Market Power of Produce Kids Club. • $1,828.80 from Phillips Wine & Spirits for co-sponsorship of an In-store Meet & Greet event with former professional wrestlers Jacques Rougeau and Debra McMichael at Hi- Way Liquors. This event takes place on July 12, during Riverfest celebration. • $10,000 from Cargill for Fire Department SRU. The annual cost of the unit includes specialized training and equipment maintenance. As required by state statute, if the City accepts the donation of funds, the City Council is required to adopt a resolution specifying the amount of the donation and its use. I. Budget Impact: The donations noted above help offset costs that would otherwise be the responsibility of the City. II. Staff Workload Impact: Staff organize the events and solicits sponsors. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommend adopting Resolution 2025-41 accepting the donation. City Council Agenda: 6/23/2025 2 SUPPORTING DATA • Resolution 2025-41 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2025-41 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION/PURPOSE CASH Ampact Farmers Market Power of Produce Kids Club $300 West Metro Buick GMA Farmers Market Power of Produce Kids Club $300 Phillips Wine & Spirits Co-Sponsor - Signing Event at Hi-Way Liquors $1,828.80 worth of product Cargill Fire Department Special Response Unit $10,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city’s jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the purpose stated above. Adopted by the City Council of Monticello this 23rd day of June, 2025. ______________________________ Lloyd Hilgart, Mayor ______________________________________ Jennifer Schreiber, City Clerk City Council Agenda: 6/23/2025 2E. Consideration of approving temporary charitable gambling permit application for the Magic MHS Touchdown Booster Club for a raffle to be held August 23, 2025, at the Monticello Country Club located at 1209 Golf Course Road Prepared by: City Clerk Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: N/A Approved by: City Administrator ACTION REQUESTED Motion to approve a temporary charitable gambling permit application for the Magic MHS Touchdown Booster Club, for a raffle on August 23, 2025. REFERENCE AND BACKGROUND The Magic MHS Touchdown Booster Club submitted an application for a temporary charitable gambling permit. This permit is for a raffle to be held August 23, 2025 at the Monticello Country Club for an annual tailgate party. To receive a permit from the State, the City must approve the application. STAFF RECOMMENDED ACTION City staff recommends approval of the temporary gambling permit. SUPPORTING DATA • Application City Council Agenda: 6/23/2025 2F. Consideration of adopting Resolution 2025-42 calling for a public hearing on July 14, 2025 for vacation of a permanent easement for 85th Street NE as legally described for a portion of the plat Haven Ridge Prepared by: Community Development Director Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: City Clerk Approved by: City Administrator ACTION REQUESTED Motion to adopt Resolution 2025-42 calling for a public hearing on July 14, 2025, for vacation of a permanent easement as legally described for a portion of the plat of Haven Ridge. REFERENCE AND BACKGROUND The City Council is asked to call for a public hearing for the vacation of a permanent easement within the plat of Haven Ridge that would release easement over a portion of 85th Street NE. The vacated portion will then be established as permanent right-of-way on the Haven Ridge West final plat. Haven Ridge L.L.C. is the fee title owner of all parcels in the proposed area of vacation. The ownership submitted a petition for the vacation of the noted easements. The City’s Engineering and Community Development Departments will review the Haven Ridge West final plat to verify all required public right-of-way is in place. Procedurally, Council must call for a public hearing to consider the vacation. Statute requires fourteen days between the publication of notices and the public hearing itself. City staff prepared notices to be published in the Monticello Times and notices will be sent to affected property owners. I. Budget Impact: The petitioner or their representative provided the required vacation petition fee and escrow for consideration. II. Staff Workload Impact: Workload impact is expected to be approximately two hours for review and recommendation on the vacation request. III. Comprehensive Plan Impact: Not directly applicable. The plat and PUD were and will be evaluated for consistency with the 2040 Plan. City Council Agenda: 6/23/2025 STAFF RECOMMENDED ACTION City staff recommend adoption of the resolution and calling for the public hearing. SUPPORTING DATA A. Resolution 2025-42 B. Aerial Site Image C. Vacation Petition D. Easement Vacation Exhibit E. Easement Document CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2025-42 RESOLUTION CALLING FOR A PUBLIC HEARING ON VACATION OF PERMANENT EASEMENT FOR A PORTION OF 85TH STREET NE WITHIN THE HAVEN RIDGE PLAT WHEREAS, pursuant to Minnesota Statutes Section 4152.851, after two (2) weeks published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before a hearing to each property owner affected by the proposed vacation; and WHEREAS, a public hearing on the vacation of a permanent easement for a portion of 85th Street NE within the Haven Ridge Plat on Monday, July 14, 2025, shall be held at 6:30 PM in the Council Chambers at the Monticello Community Center : Legal Description: A permanent easement for roadway purposes over, on, under, across and through the North 65.00 feet of Outlot Hand Outlot G, HAVEN RIDGE, according to the recorded plat thereof, Wright County, Minnesota, and the North 65.00 feet of Outlot E, said HAVEN RIDGE, embraced within the Northeast Quarter of the Southeast Quarter of Section 23, Township 121, Range 25, said Wright County. EXCEPT that part described in Monticello Town Road Map per Document No. 390488 in said County. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. The Council will consider the vacation of such easements and a public hearing shall be held on such proposed vacation on the 14th day of July, 2025 before the City Council in the Council Chambers located at the Monticello Community Center at 6:30 p.m. 2. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. ADOPTED BY the City Council of Monticello, Minnesota this 23rd day of June, 2024. CITY OF MONTICELLO ____________________________ ATTEST: Lloyd Hilgart, Mayor _____________________ Jennifer Schreiber, City Clerk Legend City Boundary Parcels June 10, 2025 Map Powered By Datafi ± 1 in = 369 Ft Vacation Petition Subject Area f: \ j o b s \ 7 0 4 1 - 7 0 6 0 \ 7 0 5 6 - 0 4 - h a v e n r i d g e f u t u r e a d d i t i o n s \ c a d c 3 d \ s u r v e y \ d e s c r i p t i o n s k e t c h e s \ 7 0 5 6 _ a 1 4 4 1 5 5 2 v a c a t i o n - 8 5 t h s t r e e t r o w . d w g Sa v e D a t e : 05 / 0 7 / 2 5 Permanent Roadway Easement Vacation Description Sketch City Council Agenda: 6/23/2025 2G. Consideration of amending the contract with Stonebrooke Engineering for the Golf Course Road Trail Project for $116,000 Prepared by: Public Works Director/City Engineer Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: Finance Director Approved by: City Administrator ACTION REQUESTED Motion to amend the contract with Stonebrooke Engineering for the Golf Course Road Trail Project for $116,000. PREVIOUS COUNCIL ACTION December 12, 2022: Council approved Resolution 2022-136 authorizing submission of Transportation Alternatives (TA) grant application and Resolution 2022 - 137 authorizing maintenance of constructed improvements. Council approved. November 27, 2023: Council approved a contract with Stonebrooke Engineering, Inc. for CSAH 39 Trail Improvements in the amount of $285,000. January 27, 2025: Council approved continuing with good-faith acquisition of right-of-way for the Golf Course Road Trail Project. February 28, 2025: Council approved acquisition of permanent and temporary easements for a total of $73,100 for the Golf Course Road Trail Project. April 14, 2025: Council approved an administrative settlement in the amount of $7,000 for temporary and permanent easements for PID 155500101203. May 27, 2025: Council approved a funding agreement between Wright County and the City for improvements and restricting parking on Golf Course Road between Elm Street and Bridge 86802 over Interstate 94. May 27, 2025: Council approved plans and specifications and authorization to bid for the Golf Course Road Trail Project. REFERENCE AND BACKGROUND Monticello was awarded a Transportation Alternatives (TA) grant in the amount of $800,000 to construct a pathway along Golf Course Road/CSAH 39 between 7th Street and Elm Street, which City Council Agenda: 6/23/2025 was identified as a high-priority improvement in the 2019 Safe Routes to School (SRTS) Plan. The funding is split between the State’s fiscal year (FY) 2025 ($558,488) and FY 2026 ($241,512). The project includes a 10’ pathway along the north side of Golf Course Road from Elm Street to 7th Street. In addition, the City of Monticello and Wright County agreed to incorporate the County’s pavement management project for this section of roadway into the project. The roadway improvements include reclaiming the roadway section and installing curb and gutte r along with associated storm sewer along the north side of the roadway. It will also convert the roadway into a 3-lane section that includes a center two-way left turn lane. This turn lane will allow safer access to the commercial and residential driveways located along the roadway corridor. Wright County will fund the roadway improvements associated with the project, which includes removal and replacement of asphalt surfacing, pavement markings, roadway signage, percentage of mobilization, percentage of erosion control, 50% of the cost of replacing existing ADA ramps, and engineering reimbursement of 11% of the County’s cost share. However, accommodating the 3-lane section along CSAH 39 required right-of-way acquisition that wasn’t anticipated in the original scope of work for the project. In addition, the roadway improvements along CSAH 39 required more design and construction management for the added scope. Therefore, the engineering contract scope needs to be expanded. The City requested quotes from Stonebrooke, the engineer on this project, as well as another firm currently working in the city. Stonebrooke Engineering: $116,000 Hakanson Anderson: $122,500 Based on the quoted costs, staff recommend amending the existing contract with Stonebrook Engineering. Wright County will reimburse the City 11% of the cost for their portion of the project’s engineering services, which is estimated at $73,150. The remaining $42,850 would be paid from the Capital Projects Fund. Bids are planned to be solicited with an anticipated opening in mid-July. Construction is anticipated to start in late August with substantial completion expected by November of 2025. A flexible construction start date is being considered to allow construction to occur in 2026 in an effort to ensure the best bid prices are received. I. Budget Impact: The 2025 Capital Projects Fund Budget includes $1,600,000 for this project. The updated construction cost estimate is $1,825,000 with Wright County’s construction City Council Agenda: 6/23/2025 cost estimated to be $665,000. Project costs will be offset by the $800,000 grant funds noted above. Below is a summary of the overall estimated project budget: II. Staff Workload Impact: N/A III. Comprehensive Plan Impact: The extension of the pathway along Golf Course Road enhances the city’s multimodal goals identified in the Transportation section of the Comprehensive Plan by closing a key gap in the regional trail system and improving non - motorized access along a collector roadway. The project also supports the Parks, Trails, and Pathway section of the Comprehensive Plan by linking nearby residential areas to existing parks, open spaces, and future trail corridors identified in the Pathway Plan Map. The trail also supports the Land Use and Healthy Community section by promoting walkability and safe active transportation options near developing neighborhoods, the pathway extension aligns with land use goals for well-connected, livable communities. IV. STAFF RECOMMENDED ACTION City staff recommend approval of a funding participation and construction agreement and a no parking resolution. SUPPORTING DATA • Amendment letter 1 12279 NicolletAve 952.402.9209 fax 952.403.6803 main Burnsville, MN 55337 stonebrookeengineering.com Attn: Matt Leonard 505 Walnut St, Suite 1, Monticello, MN 55362 May 19, 2025 Dear Mr. Leonard: Pursuant to our discussions, Stonebrooke Engineering, Inc. respectfully submits this amendment request for additional design services associated with the following tasks: • $23,000 for coordinating with right-of-way agents, appraisers, additional parcel sketches, and associated services to acquire permanent and temporary easements for five parcels. • $93,000 for additional design and construction services associated with the County-funded portion of the project, which includes but is not limited to the following: o Full pavement replacement, which required design/plan modifications o Additional Survey and design/plan modifications to extend construction to the bridge approach panel for pavement replacement o Two to three lane section conversion o Plan and design updates to incorporate o Construction inspection and administration Stonebrooke Engineering respectfully requests compensation for these additional services in the not-to- exceed amount of $116,000. Amendment No. 1 $116,000 Sincerely, Jake Duppong, PE Project Manager 952-540-4861 City Council Agenda: 6/23/2025 2H. Consideration of awarding a contract to Rice Lake Construction Group for Construction Manager at Risk Preconstruction Services for the Monticello Water Supply Treatment Plant Prepared by: Public Works Director/City Engineer Meeting Date: 6/23/2025 ☒ Consent Agenda Item ☐ Regular Agenda Item Reviewed by: Finance Director Approved by: City Administrator ACTION REQUESTED Motion to approve a contract with Rice Lake Construction Group for Construction Manager at Risk Preconstruction Services for the Monticello Water Supply Treatment Plant for $96,820. PREVIOUS COUNCIL ACTION August 24, 2020: Council approved a contract with WSB for the completion of a feasibility study for the installation of a water treatment facility. June 28, 2021: Council approved a resolution in support of construction of a Water Treatment Facility. December 11, 2023: Council approved a contract with AE2S to provide engineering services for the construction of a water treatment plant at a cost of $1,939,800. July 22, 2024: Council approved a contract with Braun Intertec to provide geotechnical services for a cost of $18,595. August 8, 2024: Council approved the solicitation of a request for qualifications for a construction manager at risk for the construction of a water supply treatment plant. REFERENCE AND BACKGROUND As part of the U.S. Environmental Protection Agency’s Fourth Unregulated Contaminant Monitoring Rule (UCMR), the City tested its raw water manganese levels. Manganese is not currently regulated, but emerging research indicates negative health impacts from elevated levels. Based on this research, the Minnesota Department of Health (MDH) adopted recommended guidelines in 2018. Monticello’s raw water from each of the five municipal wells had manganese concentrations higher than MDH’s guidelines. City Council Agenda: 6/23/2025 The City conducted a feasibility study to determine the best approach to water treatment, ultimately recommending construction of a centralized facility to remove iron and manganese. The City was awarded $11,000,000 in funding from the 2023 state bonding bill for this project. AE2S Engineering was contracted to design the new facility and is currently at the 30% design phase. City Council approved the solicitation of a request for proposals for utilizing a Construction Manager at Risk (CMAR) contracting method for this project. This project delivery method involves selecting a contractor based on qualifications (rather than solely the lowest bid) and bringing them into the design phase. This approach can expedite project delivery, identify cost-saving measures, and enhance quality control for the project. Other benefits of the CMAR method include minimizing project delays by allowing material orders before the traditional project award date and providing flexibility in equipment selection. This method also allows more time to solicit additional subcontractor bids. The use of a CMAR contractor will result in additional coordination during the design phase with our design consultant, AE2S. This is not expected to increase the total cost of the contract with AE2S as previously approved but will result in shifting costs from the construction phase to the design phase. Any increases to the approved contract amount would be brought to City Council for consideration. To properly select a construction manager at risk, a request for qualifications was issued in accordance with Minnesota State Statute 471.363 and three responses were received. Staff reviewed the qualification proposals and recommended two contractors be selected to submit full proposals for the project. Proposals, including pricing, were received from Magney Construction, Inc. and Rice Lake Contracting Group. Staff and City Council reviewed the proposals and interviewed the two contractors. Following the interviews, City Council directed staff to proceed with finalizing a contract with Rice Lake Construction Group. The proposed contract is for preconstruction services. As the project proceeds to future phases, City Council will be asked to consider amending the contract with Rice Lake Construction Group to include additional CMAR responsibilities during bidding and construction. Design is expected to be completed in spring 2026 with an anticipated construction start date in early summer 2026 and substantial completion estimated for late summer 2028. I. Budget Impact: The 2025 budget includes $1,000,000 for design services for this project. Payments for this project were paid using existing Water Fund resources thus far. However, the City was granted $11,000,000 from the State and will utilize a Public Facilities Agency (PFA) low-interest loan to finance full construction. It is anticipated the State funds will be used first and a PFA loan will be initiated after grant funds are exhausted. II. Staff Workload Impact: City staff from several departments are allocating time to the project. City Council Agenda: 6/23/2025 III. Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan’s Community Facility and Infrastructure chapter includes goals to equitably distribute services as well as provide a complete, well-maintained utility system; the construction of the water treatment plant is a vital part of achieving both of those goals. STAFF RECOMMENDED ACTION City staff recommend approval of a contract for preconstruction services with Rice Lake Construction Group. SUPPORTING DATA A. Award recommendation letter B. Contract Documents Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment B, Form 1 Proposal Form Request for Proposals Attachment B – Price Proposal Form 1 – Proposal Form ARTICLE 1—OWNER AND PROPOSER 1.01 This Proposal is submitted to: the City of Monticello, Minnesota, 505 Walnut Street, Monticello, MN 55362 for the following Project: Monticello Water Supply Treatment Plant AE2S Project No.: P05359-2023-001 Owner Project No.: C24002 1.02 The undersigned Proposer agrees, if this Proposal is accepted and Owner issues an award of the CMAR Contract to Proposer, to enter into such contract, based on the proposed Contract Documents, including but not limited to the proposed Front-End Contract Documents if included with any of the Proposal Documents. In such CMAR Contract the Proposer will agree to provide all CMAR Services and perform all Work as specified, indicated, and authorized, for the prices and within the times indicated in this Proposal, and in accordance with all other applicable contract terms and conditions. 1.03 This Proposal will remain subject to acceptance for a period of sixty (60) days after the date of receipt of Proposals. ARTICLE 2—ADDENDA 2.01 Proposer hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date Acknowledged by ARTICLE 3—PRICE PROPOSAL TABLES 3.01 The following parts, provided in Form 2, are to be submitted with the Price Proposal: Part Table Title A Preconstruction Phase Services B CMAR Fee C Construction Support Costs Fee Rice Lake Construction Group | Monticello Water Supply Treatment Plant 1 A. PRICE PROPOSAL FORM Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment B, Form 1 Proposal Form ARTICLE 4—PROPOSER’S REPRESENTATIONS AND CERTIFICATIONS 4.01 Proposer’s Representations A. In submitting this Price Proposal, Proposer represents the following: 1. Proposer has examined and carefully studied the Proposal Documents, including Addenda. 2. Proposer accepts all of the terms and conditions of the Request for Qualifications and the Request for Proposals, including without limitation those dealing with the Proposal security/bond. 3. Proposer has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 4. Proposer is familiar with all Laws and Regulations that may affect cost, progress, and performance of CMAR Services and the Work. 5. Proposer has considered the information known to Proposer itself; information commonly known to contractors doing business in the locality of the Site; and the Proposal Documents on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer, if selected as Construction Manager at Risk; and (c) Proposer’s (Construction Manager at Risk’s) safety precautions and programs. 6. Proposer is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Proposal Documents. 7. Proposer has given Owner’s Advisor written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the Proposal Documents and the written resolution thereof by Owner’s Advisor is acceptable to Construction Manager at Risk. 8. The Proposal documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. The submission of this Proposal constitutes an incontrovertible representation by Proposer that without exception the Proposal and all prices in the Proposal are premised upon performing and furnishing the CMAR Services and the Work required by the Proposal documents. 4.02 Proposer’s Certifications A. The Proposer certifies the following: 1. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal. Rice Lake Construction Group | Monticello Water Supply Treatment Plant 2 Monticello Water Supply Treatment Plant Request for Proposals Page 3 RFP Attachment B, Form 1 Proposal Form 3. Proposer has not solicited or induced any individual or entity to refrain from competing for the award of the CMAR Contract. 4. Proposer has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the CMAR Contract. For the purposes of this Paragraph 4.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the proposal process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the Proposal process to the detriment of Owner, (b) to establish proposal prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Proposers, with or without the knowledge of Owner, the purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposal process or affect the execution of the Contract. Rice Lake Construction Group | Monticello Water Supply Treatment Plant 3 Monticello Water Supply Treatment Plant Request for Proposals Page 4 RFP Attachment B, Form 1 Proposal Form ARTICLE 5—PROPOSAL SIGNATURE 5.01 Proposer hereby submits this Proposal as set forth above: Proposer: (typed or printed name of organization) By: (individual’s signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Proposer is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Proposer’s Contact: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Rice Lake Construction Group Wade Leonard President 5/2/25 Sherri Leonard Director of Collaborative Delivery sherri_leonard@ricelake.org 419-566-4130 22360 County Rd. 12 Rice Lake Construction Group Deerwood, MN 56444 Rice Lake Construction Group | Monticello Water Supply Treatment Plant 4 Rice Lake Construction Group | Monticello Water Supply Treatment Plant 9 F. PROPOSAL BOND Rice Lake Construction Group | Monticello Water Supply Treatment Plant 10 Rice Lake Construction Group | Monticello Water Supply Treatment Plant 11 Rice Lake Construction Group | Monticello Water Supply Treatment Plant 12 Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment E Agreement AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AT RISK This Agreement is by and between City of Monticello (“Owner”) and Rice Lake Construction Group (“Construction Manager at Risk” or “CMAR”). Terms used in this Agreement have the meanings stated herein and in the General Conditions and the Supplementary Conditions. Owner and CMAR hereby agree as follows: ARTICLE 1—THE PROJECT 1.01 The Project, of which the CMAR Services and the Work under the Contract Documents are a part, is generally described as follows: Monticello Water Supply Treatment Plant AE2S Project No.: P05359-2023-001 Owner Project No.: C24002 ARTICLE 2—OWNER’S ADVISOR AND ENGINEER; OWNER’S PROJECT TEAM 2.01 The Owner has retained Advanced Engineering and Environmental Services, LLC (Owner’s Advisor or OA) to act as Owner’s representative, assume all duties and responsibilities of advisor to Owner and construction contract administrator on behalf of Owner, and have the rights and authority assigned to Owner’s Advisor in the Contract. 2.02 The Owner has retained Advanced Engineering and Environmental Services, LLC (Engineer) to design the Project, to assume all duties and responsibilities of Engineer during the construction of the Project, and to have the rights and authority assigned to Engineer in the CMAR Contract. ARTICLE 3—CMAR SERVICES 3.01 Scope of CMAR Services A. CMAR will perform the CMAR Services set forth in Exhibit A, Scope of CMAR Services, as authorized, and other specified CMAR Services as expressly set forth in a Contract Amendment. Services rendered by CMAR to meet its general construction and management obligations are not CMAR Services, and are not compensated as CMAR Services, unless expressly designated as such. B. CMAR Services are categorized in Exhibit A as Basic Services (Preconstruction and Procurement); Additional Services (Preconstruction and Procurement); and Special Services. C. In Exhibit A and in scope of CMAR Services provisions in Contract Amendments, imperative sentences with respect to the performance of services are directives to CMAR, unless expressly indicated otherwise. 3.02 Basic Services, Additional Services, and Special Services A. Basic Services are CMAR Services that are identified as Basic Services (Preconstruction and Procurement) in Exhibit A. Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment E Agreement B. In addition to Basic Services, CMAR shall provide specific Additional Services within the scope set forth in Exhibit A, if Owner authorizes CMAR to do so. Owner or Owner’s Advisor will authorize the specified Additional Services in a Contract Amendment. The Contract Amendment will describe the tasks to be performed, the compensation to be paid, the time for performance, the deliverables to be provided, and other applicable terms, if any. If a specific Additional Service has been priced during the CMAR selection process, such price will be binding on CMAR and Owner unless modified by mutual agreement. C. In addition to the services identified as Basic Services and Additional Services, after the Effective Date of the Contract the Owner and CMAR may identify Project-related services that were not contemplated at the time the Agreement was executed, are necessary to the Project, and should be added to the scope of CMAR Services. If Owner and CMAR mutually agree, a Contract Amendment will be issued that specifies the scope of such Special Services, the compensation to be paid, the time for performance, the deliverables to be provided, and other applicable terms. Any amount included in the Agreement for Special Services will serve as the Owner’s contingency for Special Services, if authorized by the Owner. 3.03 Authorization to Provide CMAR Services A. CMAR is authorized by the execution of this Agreement to begin providing Basic Services (Preconstruction and Procurement) set forth in Exhibit A, Scope of CMAR Services, as of the Effective Date of the Contract. B. All other CMAR Services, including Additional and Special Services, if any, must be authorized by Owner or Owner’s Advisor. 3.04 Compensation for Basic CMAR Services A. Basic Services—Owner will compensate CMAR for Basic Services, provided per Article 1, Exhibit A—Scope of Work for CMAR Services, the lump sum of $96,820 and billed monthly. Such compensation is subject to the not-to-exceed limit agreed for CMAR Basic Services. 3.05 Compensation for Additional CMAR Services A. For Additional Preconstruction or Procurement Services, Owner will compensate CMAR for each hour earned at the Billing Rates shown in Exhibit B, Compensation for CMAR Services. 3.06 Compensation for Special Services A. Owner will compensate CMAR for Special Services pursuant to the specific compensation terms in the Contract Amendment establishing and authorizing such Special Services. 3.07 Payment for CMAR Services A. Preparation and Submittal of Invoices 1. CMAR will prepare and submit invoices for CMAR Services to Owner’s Advisor on a monthly basis in a format acceptable to Owner’s Advisor. 2. CMAR may not submit invoices and is not entitled to compensation for Additional Services or Special Services unless Owner has authorized such services through execution of a Contract Amendment. Monticello Water Supply Treatment Plant Request for Proposals Page 3 RFP Attachment E Agreement 3. CMAR will provide documentation acceptable to the Owner to allow Owner to verify CMAR’s charges included in invoices. B. Payments 1. Payment for CMAR Services compensated on a Lump Sum (stipulated price) basis: a. The Lump Sum amount includes compensation for CMAR’s services, and services of CMAR Subconsultants, if any. Appropriate amounts are to be incorporated in the Lump Sum to account for labor costs, overhead, profit, expenses, and other cost. b. The amount invoiced each billing period will be based on the CMAR's estimate of the percentage of the total CMAR Services completed during the billing period. c. The compensation paid to CMAR for Basic Services will not exceed the Lump Sum amount unless duly authorized by a Contract Amendment. C. Time of Payment 1. Owner shall make payments in accordance with Article 15 of the General Conditions. 2. If Owner fails to make any payment due CMAR for CMAR Services within 30 days after receipt of CMAR’s invoice, then: a. Amounts due CMAR will be increased at the rate of 1.0% per month, or the maximum rate of interest permitted by law, if less, from said thirtieth day; and b. CMAR may, after giving 7 days’ written notice to Owner, suspend services under this Agreement until Owner has paid all amounts due for services, expenses, and other related charges in full. Owner waives any and all claims against CMAR for this suspension. 3. Owner may withhold only the contested portions of an invoice and must pay the undisputed portion of the invoice. D. Compensation for CMAR Services discussed in Article 3 is not compensation for the Work and is not included in the GMP. No retainage will be withheld from payments of CMAR Services; however, such payments are subject to the set-off provisions in General Conditions Article 15. ARTICLE 4—COMPENSATION FOR PERFORMANCE AND COMPLETION OF THE WORK 4.01 Owner shall compensate CMAR for performance and completion of the Work in accordance with the Contract Documents. Payment for Work will consist of the following: A. Payment for Construction Support Costs in accordance with Article 5, and as set forth in Exhibit B; B. Payment for Cost of the Work as provided in Article 6; and C. Payment of a CMAR Fee as set forth in Article 7 and in Exhibit B. Monticello Water Supply Treatment Plant Request for Proposals Page 4 RFP Attachment E Agreement 4.02 This Agreement establishes a CMAR Contingency Allowance for use in paying for unforeseen costs as set forth in Article 8. 4.03 The amounts for CMAR’s compensation summarized in Paragraph 4.01 are subject to additions and deletions as provided in the Contract, up to limitations established in the Guaranteed Maximum Price (GMP) as provided in Article 11. ARTICLE 5—CONSTRUCTION SUPPORT COSTS 5.01 Construction Support Costs A. Construction Support Costs (field overhead or “general conditions” costs) are those costs associated with and in support of construction that are not directly related to specific construction activities. Construction Support Costs are not compensable as Cost of the Work and must not be included by CMAR in proposed Work Authorizations submitted to the Owner for approval and issuance. Construction Support Costs include without limitation: 1. CMAR project management costs, including project managers, superintendents, field engineering staff, and clerical support located at the Site; 2. Management of Subcontractors and Suppliers; 3. Management of delegated professional design services, if any; 4. Costs associated with safety programs, including safety managers and safety representatives; 5. Quality management not specifically designated to be covered in a Work Authorization; 6. Costs associated with obtaining permits, or paying patent fees or royalties, if not specifically designated to be covered in a Work Authorization; 7. Costs for permit inspections, and other inspections required by Laws and Regulations not specifically designated to be covered in a Work Authorization; 8. Compliance with Laws and Regulations; 9. Taxes, other than those specifically designated to be covered in a Work Authorization; 10. Contract administration costs, including costs for: a. Meetings, reporting, notifications, and other communications and coordination, b. Document management, c. Submittals, record data, and other documentation, d. Creating and maintaining Project schedules per Article 4 of the General Conditions, e. Changes to the CMAR Contract per Article 11 of the General Conditions, f. Applications for Payment per Article 15 of the General Conditions, g. Maintenance of Record Documents, and h. Other contract administration costs included in the Contract Documents; Monticello Water Supply Treatment Plant Request for Proposals Page 5 RFP Attachment E Agreement 11. Performance, payment, and warranty bonds, if any, provided to cover the construction of the entire Project; 12. General insurance costs, excluding Builder’s Risk or other coverage that applies specifically to Work and specifically designated to be covered in a Work Authorization, and Worker’s Compensation Insurance which is to be included in payroll cost per Paragraph 6.02.A.1; 13. Costs associated with CMAR temporary facilities and temporary infrastructure at the Site; 14. The cost of purchasing, renting, or furnishing small tools and hand tools. These are defined as any tool or equipment whose current price, if purchased new at retail would be less than $500; 15. Costs for site maintenance, storage of materials, waste disposal, environmental controls, management of water, protection of site and adjacent property, cleaning during construction and final cleaning; 16. Costs associated with startup and commissioning of the Work, including training of Owner’s personnel, temporary operation of facilities by the CMAR; and performance acceptance testing, if any; 17. Costs associated with substantial completion, partial utilization, and final completion; and 18. Costs associated with general warranty, guarantees and correction of defective work during the Correction Period. B. The organization of the Work into Work Packages will not result in changes to the CMAR’s compensation for Construction Support Costs. 5.02 Fixed Construction Support Costs A. Fixed Construction Support Costs are those costs which are not time sensitive and will not increase if the performance of the Work extends beyond the Construction Period designated for Substantial Completion of the Work described in Article 13. The amount for Fixed Construction Support Cost is shown in Exhibit B. 5.03 Time-Sensitive Construction Support Costs A. Time-Sensitive Construction Support Costs are those costs which will increase if the performance of the Work extends beyond the Construction Period designated for Substantial Completion described in Article 13. The amount for Time-Sensitive Construction Support Costs based on the Construction Period is shown in Exhibit B. B. The Construction Support Costs Extended Rate is determined by dividing the Time- Sensitive Construction Support Costs by the projected number of days in the Construction Period. CMAR will be entitled to additional compensation for Time- Sensitive Construction Support Costs at the Construction Support Extended Rate shown in Exhibit B if the extended time is associated with a compensable delay under the provisions of the General Conditions. 5.04 Changes in Construction Support Costs A. Owner and CMAR acknowledge that the Construction Support Costs stipulated amounts set forth in this Agreement’s Exhibit B (Construction Support Costs Contract Amounts) and the Construction Support Costs Extended Rate (determined as set forth in Paragraph 5.03.B) are approximations of actual costs intended to liquidate Monticello Water Supply Treatment Plant Request for Proposals Page 6 RFP Attachment E Agreement and stipulate CMAR’s compensation for Construction Support Costs, encourage efficiency and cost control, and reduce Owner’s and CMAR’s administrative and accounting effort. The Construction Support Costs Contract Amounts and the Construction Support Costs Extended Rate will not be increased except in cases in which CMAR demonstrates: 1. An excessive and unanticipated increase in Construction Support Costs resulting from scope changes in the Work or other causes directly attributable to Owner; and 2. Such increase in costs has not otherwise been compensated in a Work Authorization, Contract Amendment, or Change Order. 5.05 Compensation for Construction Support Costs A. Payments for Fixed Construction Support Costs and Time Sensitive Construction Costs will be made in equal monthly increments determined by dividing the Fixed Construction Support Costs Contract Amount and the Time Sensitive Construction Costs by the projected number of months in the Construction Period. No payment will be made for Fixed or Time Sensitive Construction Support Costs in excess of the Support Costs Contract Amount unless this Amount is adjusted in accordance with provisions in Paragraph 5.04. B. Reserved. C. Reserved. ARTICLE 6—COST OF THE WORK 6.01 Purposes for Determination of Cost of the Work A. The term Cost of the Work is defined in the General Conditions, Article 1, as the sum of eligible costs incurred by CMAR for the performance of the Work, as allowed by the Cost of the Work provisions set forth in the Agreement; such provisions are set forth in this Article 6. Cost of the Work is determined for each Work Authorization, subject to any limits described in this Article. The provisions of this Article are used for two distinct purposes: 1. To determine Cost of the Work for purposes of CMAR’s base compensation for construction under this Contract; or 2. When needed to determine the value of a Change Proposal, Change Order, Claim, set-off, or other adjustment to the Guaranteed Maximum Price. When the value of any such adjustment is determined based on Cost of the Work, CMAR is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. For purposes of determining CMAR’s base compensation, Cost of the Work applies only to Work that has been duly authorized in a Work Authorization. C. The Cost of the Work will include only those items identified in Paragraph 6.02. 6.02 Cost of the Work A. Payroll Cost—Payroll costs for employees in the direct employ of CMAR performing Work described in Work Authorizations, and excluding those efforts covered in Construction Support costs per Paragraph 5.01. Payroll costs will be based on actual amounts paid as indicated on Certified Payroll reports. Payroll costs are to include Monticello Water Supply Treatment Plant Request for Proposals Page 7 RFP Attachment E Agreement salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation insurance, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturdays, Sundays, or legal holidays, will be included in the above to the extent authorized by Owner. B. Incorporated Equipment and Material Cost—Cost of all materials and equipment furnished or incorporated in the Work, including costs for transportation and storage prior to delivery to the site. Cost for proper storage at the Site is to be included in Construction Support Cost per Paragraph 5.01. Cost for equipment is to include Suppliers’ services for submittals, factory and field testing and inspections, installation checks, start-up assistance, and training, if any. All cash discounts accrue to CMAR unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and CMAR shall make provisions so that they may be obtained. C. Consumable Equipment and Material Cost—Cost, including transportation and maintenance, of all materials, supplies, equipment, tools, and machinery at the Site, which are consumed in the performance of the Work, less market value of such items used but not consumed which remain the property of CMAR. In establishing costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. CMAR will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such items. D. Subcontractor Cost–Payments made by CMAR to Subcontractors for Work performed by Subcontractors. CMAR shall obtain competitive bids from subcontractors acceptable to Owner and CMAR and shall deliver such bids to Owner, which will then determine, with the advice of Owner’s Advisor, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as CMAR’s Cost of the Work and fee as provided in this Article 6. E. Construction Equipment Cost—Cost of providing construction equipment and machinery to construct the Work described in the Work Authorization. 1. Include all the costs for transporting, loading, unloading, assembly, dismantling, and removal of the equipment and machinery with Consumable Equipment and Material Cost per Paragraph 6.02.C. 2. Construction equipment and machinery cost will be billed at rates approved by the Owner’s Advisor as part of each Work Authorization. a. All operating costs will include costs for fuel, maintenance, parts, and associated labor. Billing rates for equipment fueling and maintenance do not include payroll costs for equipment operators, which will be included in Payroll cost per Paragraph 6.02.A. b. Costs for equipment and machinery owned by CMAR or a Subcontractor cannot exceed the rates shown for equipment in the EquipmentWatch Cost Recovery Rental Rate Blue Book, (https://equipmentwatch.com/blue-book- Monticello Water Supply Treatment Plant Request for Proposals Page 8 RFP Attachment E Agreement cost-recovery) An hourly rate will be computed by dividing the monthly rates by 176. These rates will include all operating costs per Paragraph 6.02.E.2.a. c. Payment for rented equipment will be in accordance with rental agreements as to price, including any surcharge or special rates applicable to overtime use of the construction equipment or machinery, and all such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. d. No markup is allowed on equipment rented or leased from any company owned in total or in part by CMAR or a Subcontractor, or is owned by the same holding company or a company with a close legal affiliation to CMAR or Subcontractor, since markups are included in rental or lease rates. e. Equipment used for site maintenance is to be included in Construction Support Costs. Equipment used for multiple Work Authorizations must be billed on the basis of time worked on each Work Authorization. 3. With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Guaranteed Maximum Price (changed Work), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. F. Supplemental Costs which consist of the following: 1. The proportion of necessary transportation, travel, and subsistence expenses of CMAR’s employees incurred in the discharge of duties connected with the Work Authorization. 2. Costs of special consultants including engineers, architects, testing laboratories, and surveyors, employed or retained for services specifically related to the Work Authorization and expressly excluding costs incurred by consultants performing CMAR Services. 3. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR is liable, as imposed by Laws and Regulations. 4. Deposits lost for causes other than the negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 5. Royalty payments and fees for permits, patents, and licenses directly related to a Work Authorization. 6. The cost of premiums for performance, payment, and warranty bonds obtained by CMAR as a requirement of a Work Authorization, in addition to the bonds purchased for the construction as a whole within the scope of Construction Support Costs per Paragraph 5.01.A.11. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 7. Cost for any Subcontractor bonds that must be required to protect Owner’s and CMAR’s interests in the event of a Subcontractor default associated with a Work Monticello Water Supply Treatment Plant Request for Proposals Page 9 RFP Attachment E Agreement Authorization. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 8. The cost of premiums for Builder’s Risk insurance and other Work Authorization–specific insurance that CMAR is required by the Contract Documents to purchase and maintain, but not including costs of commercial general liability, automobile liability, and contractor’s pollution liability insurance which are covered as Construction Support Costs per Article 5. The compensation for worker’s compensation is included as part of payroll costs per Paragraph 6.01.A.1. Final compensation for such premium costs will be based on reconciled costs at the conclusion of the Work. 6.03 Specific Exclusions from Cost of the Work A. The following items are not included in the Cost of the Work. This express itemization does not confer Cost of the Work or compensable status to otherwise ineligible items not listed here. Cost for any items not included in the Cost of the Work are to be included in the CMAR Fee unless specifically itemized at Construction Support Costs described in Article 5. 1. Payroll costs and other compensation of CMAR’s officers, executives, principals, general managers, project managers, superintendents, safety managers, safety representatives, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR’s principal or branch office for general administration of the Work. The payroll costs and other compensation excluded here are to be considered administrative costs covered by Construction Support Cost or the CMAR Fee. 2. Expenses of CMAR’s principal and branch offices. 3. Any part of CMAR’s capital expenses, including interest on CMAR’s capital employed for the Work and charges against CMAR for delinquent payments. 4. Costs due to the negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. 5. Cost for the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property not paid from CMAR’s Contingency per Article 8. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 6.03. 8. Costs recovered or reimbursed under other Construction Support Cost or Cost of the Work provisions. 6.04 Compensation for the Cost of the Work A. Compensation for the Cost of the Work is based on the amount earned for Work completed for each Work Authorization. Monticello Water Supply Treatment Plant Request for Proposals Page 10 RFP Attachment E Agreement ARTICLE 7—CONSTRUCTION MANAGER AT RISK FEE 7.01 The CMAR Fee will be determined as follows: A. The CMAR Fee is a specified percentage of the Cost of the Work as shown in Exhibit B. No fee will be payable on the basis of costs itemized as excluded in Paragraph 6.03. ARTICLE 8—CMAR CONTINGENCY ALLOWANCE 8.01 CMAR Contingency Allowance A. The CMAR Contingency Allowance funds, shown in Exhibit B, are for the exclusive use of CMAR while executing the Work, to reimburse CMAR for costs due to unforeseen causes, unintentional errors, or events which cannot specifically be anticipated at the time Work Authorizations are issued. B. The CMAR Contingency Allowance funds may be used by CMAR for costs sustained by either CMAR itself or a Subcontractor, at CMAR’s discretion. The CMAR contingency funds may not be used for costs which are reimbursable or recoverable under other provisions of the Contract. C. Without excluding other possible uses of the CMAR Contingency Allowance, the following uses are expressly acknowledged as eligible uses of the CMAR Contingency Allowance funds: 1. Losses and damages, and related expenses, caused by damage to the Work, not compensated by insurance or otherwise, sustained by CMAR or a Subcontractor in connection with the performance of the Work; 2. Corrective work, regardless of fault if non-conformance is unintended; 3. Subcontractor defaults; 4. Overruns in Construction Support Costs; 5. Builder’s Risk deductibles; 6. Verified excusable errors in estimates; or 7. Non-compensable overtime and other acceleration costs. D. CMAR shall replenish the CMAR Contingency Allowance by restoring money withdrawn with money recovered (1) from bonds and insurance coverage payments for such expenditures, and (2) from defaulting Subcontractors or Suppliers. E. The CMAR Contingency Allowance will not be used to fund Owner-directed changes in the Work. Such changes will be administered through the contractual procedures established for changes in the scope of the Work, including expenditures from the Owner’s Contingency Allowance, if any, Work Authorizations as modified by Change Order, and Contract Amendments or other modifications that impact the Guaranteed Maximum Price. F. The CMAR Contingency Allowance will not be used to recover the cost of items that are compensable as a Cost of the Work. G. The CMAR Fee does not apply to expenditures from the CMAR Contingency Allowance. CMAR will not be entitled to any additional overhead, profit, or other markup on any CMAR Contingency Allowance expenditure. Monticello Water Supply Treatment Plant Request for Proposals Page 11 RFP Attachment E Agreement H. The designated CMAR Contingency Allowance, as duly replenished, is the maximum amount available to CMAR to recover eligible costs under this Article; Owner will not increase the CMAR Contingency Allowance or otherwise reimburse CMAR for eligible costs incurred in excess of the CMAR Contingency Allowance. I. CMAR will submit applications for reimbursement from the CMAR Contingency Allowance to Owner’s Advisor, in a format acceptable to Owner’s Advisor, together with appropriate documentation. Payments from the CMAR Contingency Allowance will be recorded in the Application for Payment. ARTICLE 9—WORK AUTHORIZATIONS 9.01 General Provisions Regarding Work Authorizations A. Work Authorizations will be based on Work Packages prepared by Owner’s Advisor and Engineer describing equipment and materials to be purchased for installation or Work to be performed in accordance with the approved Work Authorization. B. All Work to be provided by CMAR must be authorized by the issuance of a Work Authorization specifying or referencing the scope of Work to be conducted. C. Owner’s Advisor will issue each Work Authorization using the Work Authorization form provided by the Owner’s Advisor. D. The Work Authorization will indicate the compensation to which CMAR is entitled for providing the authorized Work. E. CMAR is not entitled to compensation for providing Work that Owner’s Advisor has not authorized. 9.02 First Work Authorization A. The first Work Authorization, authorizing the commencement of construction, will include, in addition to authorization for a specific Work Package, or multiple specific Work Packages, the authorization of expenditures by CMAR for Contract-specific (1) performance and payment bond premiums (2) Builder’s Risk premiums, if CMAR is required to purchase and maintain Builder’s Risk insurance, and (3) premiums for other specific insurance policies required by the Contract. ARTICLE 10—PROCUREMENT OF SUBCONTRACTORS; CMAR SELF-PERFORMANCE OF AUTHORIZED WORK 10.01 Performance of the Authorized Work A. CMAR will solicit and receive competitive bids on the Work included in each Work Authorization, including the purchase of materials and equipment. CMAR will prepare bid packages supporting the Work Authorization and make opportunities available to Subcontractors and Suppliers in a way that will increase competition and allow bids by trade contractors or specialty entities. CMAR may prepare bid packages for Work the CMAR may wish to self-perform, so long as doing so will not limit bidding by competing bidders (prospective subcontractors). Monticello Water Supply Treatment Plant Request for Proposals Page 12 RFP Attachment E Agreement B. CMAR may bid on Work Packages, or portions thereof, if fully qualified to self-perform the subject Work. C. CMAR must submit its bids in advance of receiving other bids, and in the same manner that other bids are to be submitted. Bids are to be opened in the presence of the Owner’s Advisor. D. CMAR will award the subcontract for the Work under the Work Authorization to the responsible bidder submitting the lowest responsive bid for that portion of the Work for which bids are received. CMAR may self-perform Work when CMAR is the low bidder. ARTICLE 11—GUARANTEED MAXIMUM PRICE 11.01 Subject to the provisions of Article 4, CMAR guarantees that the maximum amount payable by Owner (Guaranteed Maximum Price, or GMP) for the sum of the amounts for Paragraphs 11.01.A through D that follow will be the binding GMP established by the process stated in Paragraphs 11.02 and 11.03. A. Construction Support Cost Amount (Article 5); B. Cost of the Work (Article 6); C. CMAR Fee (Article 7); and D. CMAR’s Contingency Allowance Amount (Article 8). 11.02 The Estimated GMP indicated in Exhibit B is a preliminary figure as of the Effective Date of the Contract. The GMP will be revised as the design is continued and completed. 11.03 A binding GMP will be established at any time agreeable to Owner and CMAR, but not later than the following: A. If the Work is performed under Work Packages released and authorized concurrently for the complete Project, then the binding GMP will be established on the basis of Contract Documents that are 90% complete. B. If the Work will be authorized over time, as the design for individual Work Packages is completed, in a series of incremental Work Authorizations (fast tracking or similar design/construction process) then the binding GMP will be developed in a series of incremental changes as the design for each Work Package reaches 90% completion, culminating, when all Work Packages have been authorized, in a binding GMP for the Contract. 11.04 Owner’s Construction Budget A. Owner’s Advisor will establish an updated Owner’s Construction Budget (Budget) based on the CMAR’s procurement strategy which identifies Work Packages used to construct the Work. Owner’s Advisor, working with CMAR, will update this Budget with actual amounts for each line item as Work Authorization amounts identified in the updated Budget are determined. B. Owner’s Advisor will revise the Budget to incorporate Change Orders or authorized allocation of contingency funds which change the funds available for Budget line items. When amounts for all Work Authorizations have been determined and the binding GMP is established for the Contract, the Budget must correlate to GMP line items, and the Budget must equal the GMP. Monticello Water Supply Treatment Plant Request for Proposals Page 13 RFP Attachment E Agreement C. CMAR will identify variances between the budgeted amount and actual amounts as Work Authorization amounts are determined. 1. Positive variances are created when actual cost for a Work Authorization is less than the budgeted amount. Positive variances identify unused funds that can be used to offset negative variances. 2. Negative variances are created when actual cost for a Work Authorization is more than the budgeted amount. Negative variances identify where additional funds are needed. Unused funds from positive variances can be used to offset these negative variances. 3. Net variances for the Contract are used to determine the current status of the Owner’s Construction Budget. a. A net positive variance for the Contract represents a savings to the Owner. A final Contract Amendment will be issued at the completion of the Contract (Final Payment) to adjust the GMP to the actual amount of Contract costs. b. A net negative variance for the Contract represents the amount for which the CMAR is at risk, and no additional compensation will be made to the CMAR. 11.05 Options for Costs Exceeding the Owner’s Budget A. The Guaranteed Maximum Price resulting from the tabulation of cost for self- performed CMAR Work, bids for Work by Subcontractors and Suppliers, Construction Support Costs, CMAR Contingency Allowances and CMAR Fee cannot exceed the Owner’s Construction Budget. The Owner may exercise any of the following options at the sole discretion of the Owner if the proposed Guaranteed Maximum Price exceeds the Owner’s Construction Budget: 1. Approve an increase in the Owner’s Construction Budget in writing. 2. Authorize rebidding or renegotiation for some or all parts of the Project within a reasonable time without an increase in the Guaranteed Maximum Price. 3. Cooperate in the revision of the scope of the Project to reduce the actual cost of construction to the Owner’s Construction Budget. 4. Abandon the Project, in whole or in part, and terminate this Contract in accordance with applicable termination for convenience provisions. B. If Owner selects the option described in Paragraph 11.05.A.1, CMAR shall proceed with performance of the Work, and provide CMAR Services as described in these Contract Documents without additional compensation for Procurement Services. Other fees and expenses related to the Cost of Work will be adjusted in accordance with the revised Cost of Work. C. If Owner selects the option described in Paragraph 11.05.A.2, Owner and CMAR shall proceed with rebidding or renegotiation of some or all parts of the Project. The OPT will work with CMAR to determine if rebidding or restructuring Work Packages is likely to lead to lower bid prices; if so determined, CMAR will rebid selected original Work Packages or restructured Work Packages identified as having the potential to reduce the overall cost of construction to the Owner’s Construction Budget. CMAR will advise the OPT of the likely impact to the schedule resulting from rebidding Work Packages. CMAR will provide CMAR Services for rebidding these Work Packages without additional compensation. Monticello Water Supply Treatment Plant Request for Proposals Page 14 RFP Attachment E Agreement D. If Owner selects the option described in Paragraph 11.05.A.3, CMAR shall assist the OPT in studies to revise the scope of the Project to bring the Project cost within the Owner’s Construction Budget. CMAR will provide research and cost estimates to evaluate the potential cost savings of each proposed change in scope for Work Packages and advise the OPT of the likely impact to the schedule resulting from rebidding Work Packages and changes in Contract Times that will result from the changed Work Packages. CMAR will provide CMAR Services for consultation in modifying the Project scope and rebidding these Work Packages without additional compensation. E. CMAR shall revise the project schedule to incorporate delays caused by actions taken to bring the Project within the Owner’s Construction Budget. 11.06 Conversion of Cost of Work to a Lump Sum Amount A. If Owner and CMAR mutually agree, compensation for all Work on the Project, or for any Work Authorization, may be converted to a lump sum (stipulated amount). If compensation for all Work on the Project is converted to a lump sum amount, this lump sum amount will include costs for Construction Support Cost, Cost of the Work, the CMAR Fee, and all other costs associated with the Contract, all as if bid as a lump sum amount. CMAR will no longer have access to CMAR Contingency Allowance funds and bears all risk associated with delivering the Work for the lump sum amount. B. If a Work Authorization is converted to a lump sum amount, this lump sum amount will include costs for Cost of the Work, the CMAR Fee, and all other costs associated with the Work Authorization, all as if bid as a lump sum amount; provided, however, that Construction Support Costs will continue to be compensated per Paragraph 5.05. C. The following will continue to apply for conversions to lump sum covered in Paragraphs B and C: 1. The Cost of the Work provisions in Article 6 will continue to apply to pricing certain Change Orders and other similar matters, as set forth in Paragraph 6.01.A.2. 2. Construction Support Costs Extended Rate provisions of Paragraph 5.04 will continue to apply for Change Orders. 3. Owner’s Contingency will continue to be available per Article 12. ARTICLE 12—OWNER’S CONTINGENCY ALLOWANCE 12.01 Owner’s Contingency Allowance A. Owner’s Contingency Allowance is used at the sole discretion of the Owner to cover unforeseen costs, Owner-directed changes in the scope of the Work, or any other unanticipated change in the Contract Price. These funds can only be accessed by the CMAR when and to the specific extent authorized by the Owner. B. The Owner’s Contingency Allowance is to be included in the Contract Amount awarded but is not part of the CMAR’s GMP. Monticello Water Supply Treatment Plant Request for Proposals Page 15 RFP Attachment E Agreement ARTICLE 13—PAYMENT PROCEDURES 13.01 Submittal and Processing of Payments A. Billing and payment for CMAR Services are addressed in Article 3. The provisions in this Article 13 pertain to billing and payment for the Work. B. CMAR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will indicate the amount of the CMAR Fee then payable. Applications for Payment will be processed by Owner’s Advisor as provided in the General Conditions. 13.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of CMAR’s Applications for Payment as recommended by Owner’s Advisor on a monthly basis during construction as provided in Article 13, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. B. Progress payments on account of the Cost of the Work will be made for each Work Authorization. 1. Prior to Substantial Completion, for each Work Authorization progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed, with the balance being retainage. 2. Upon completion of the Work under a Work Authorization, including completion of all punch list items, Owner shall pay an amount sufficient to increase total payments to CMAR to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less Owner’s Advisor’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 13.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Article 15 of the General Conditions. 13.04 Consent of Surety A. Owner will not make final payment or return or release retainage at Substantial Completion or any other time, unless CMAR submits written consent of the surety to such payment, return, or release. 13.05 Interest A. All amounts not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Monticello Water Supply Treatment Plant Request for Proposals Page 16 RFP Attachment E Agreement ARTICLE 14—DOCUMENTATION AND AUDIT 14.01 Documentation A. Whenever the Cost of the Work for any purpose is to be determined pursuant to this Contract, CMAR and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. B. CMAR will provide documentation of all Costs of the Work with the Application for Payment as directed by the Owner’s Advisor. 14.02 Audit A. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all CMAR’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the CMAR Fee. CMAR shall preserve all such documents for a period of three years after the final payment by Owner. Subcontractors performing Work on a Cost of the Work basis will afford such access to Owner, and preserve such documents, to the same extent required of CMAR. ARTICLE 15—CONTRACT TIMES 15.01 Contract Times—Dates A. Due to the current stage of the project, the dates by which the Work will be substantially complete, and by which the Work will be completed and ready for final payment, will be set out in a Contract Amendment and comply with provisions of Article 15. 15.02 Liquidated Damages A. CMAR and Owner recognize that all time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and CMAR agree that as liquidated damages for delay, but not as a penalty: 1. Substantial Completion–CMAR shall pay Owner $to be determined (TBD) for each day that expires after the time, as duly adjusted pursuant to the Contract, specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work–After Substantial Completion, if CMAR shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, as duly adjusted pursuant to the Contract, for completion and readiness for final payment, CMAR shall pay Owner $TBD for each day that expires after such time until the Work is completed and ready for final payment. 3. Milestones CMAR shall pay Owner the amount specified in Paragraph 15.05 for each day that expires after the time, as duly adjusted pursuant to the Contract, specified for achievement of each Milestone, until that Milestone is achieved. Monticello Water Supply Treatment Plant Request for Proposals Page 17 RFP Attachment E Agreement 4. If Owner recovers liquidated damages for a delay in completion of the Project or a specified Milestone by CMAR, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages, if any, specified in this Agreement. 15.03 Milestones and Associated Damages A. Work required to be complete to meet the following Milestone(s) will be included in a separate Work Authorization. ARTICLE 16—CONTRACT DOCUMENTS 16.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement (includes the Agency Agreement). 2. General Conditions. 3. Supplementary Conditions. 4. General Requirements (Division 01 of the Specifications.) 5. Drawings and Specifications completed as of the Effective Date of the Contract: Drawings and specifications needed to construct the Monticello Water Supply Treatment Plant. To be amended once design is completed for a specific list of drawing references and specifications. 6. Exhibits to this Agreement (enumerated as follows): a. Exhibit A, Scope of CMAR’s Services; and b. Exhibit B, Basis of Compensation. 7. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Contract Amendments; b. Executed Work Authorizations, including any exhibits identified as Drawings, Specifications, or other Contract Documents; c. Work Authorization Modifications; 1) Work Change Directives; 2) Change Orders; and 3) Field Orders. d. Performance and Payment Bonds; and e. Warranty Bonds, if any. B. There are no Contract Documents other than those listed above in this Article 16. C. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. Monticello Water Supply Treatment Plant Request for Proposals Page 18 RFP Attachment E Agreement ARTICLE 17—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 17.01 CMAR’s Representations A. To induce Owner to enter into this Contract, CMAR makes the following representations: 1. CMAR has examined and carefully studied the Contract Documents, including Addenda. 2. CMAR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. CMAR is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. CMAR has carefully studied the reports, if any, of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings, if any, of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. CMAR has carefully studied the reports and drawings, if any, relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. CMAR has considered the information known to CMAR itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; with respect to the effect of such information, observations, on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR; and (c) CMAR’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, CMAR agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Guaranteed Maximum Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. CMAR is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. CMAR has given Owner’s Advisor written notice of all conflicts, errors, ambiguities, or discrepancies that CMAR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Owner’s Advisor is acceptable to CMAR. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Monticello Water Supply Treatment Plant Request for Proposals Page 19 RFP Attachment E Agreement 11. CMAR’s entry into this Contract constitutes an incontrovertible representation by CMAR that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 17.02 CMAR’s Certifications A. CMAR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 17.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the proposal process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the Proposal process or the execution of the Contract to the detriment of Owner, (b) to establish proposal Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Proposers, with or without the knowledge of Owner, a purpose of which is to establish proposal prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposal process or affect the execution of the Contract. Monticello Water Supply Treatment Plant Request for Proposals Page 20 RFP Attachment E Agreement IN WITNESS WHEREOF, Owner and CMAR have signed this Agreement. This Agreement will be effective on July 1, 2025, which is the Effective Date of the Contract. Owner: CMAR: (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individual’s signature) (individual’s signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: (If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) State: Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment E Agreement, Exhibit A EXHIBIT A–SCOPE OF CMAR SERVICES ARTICLE 1—BASIC SERVICES – PRECONSTRUCTION CMAR will provide Preconstruction Services as described herein to enhance the collaborative design process and will actively support the Engineer in developing the design to construct the Project in agreement with the Owner’s goals. Engineer will advance the design to the level of completion necessary to define the Project and will provide construction-ready documents. With that information, CMAR will prepare a Construction Management Plan, Cost Models, project schedules, and conduct constructability reviews in agreement with the Owner’s goals prior to the initiation of the Construction Phase services. 1.01 Project Management and Staffing A. Provide a Project Manager, all Key Personnel, and all other associated personnel necessary to fully meet the CMAR obligations for the Project’s Basic Services. B. Participate in Project Meetings: 1. Participate in one (1) Project kick-off meeting. Be prepared to discuss CMAR’s team and organization’s structure, assignments for responsibilities and Teams CMAR’s plan for implementation of Preconstruction Services. 2. Participate in periodic meetings with Owner, Owner’s Advisor, and Engineer (collectively, Owner’s Project Team or OPT) to review progress, coordinate efforts, and discuss planned activities for the next period. It is anticipated that these progress meetings will occur monthly. 3. Participate in major design milestone workshops (60% and 90%). C. Provide administration of Agreement for CMAR Preconstruction Services, including Applications for Payment, progress reporting, management of CMAR staff, schedule for services, and deliverables. D. Provide monthly planning and scheduling reports (using critical path method) to minimize the construction impact. Advise Owner of ways to gain efficiency in the project delivery to meet project completion dates. E. Protect Owner’s sensitivity to quality, safety, sustainability, and environmental concerns. F. Develop and maintain a preliminary master project schedule, with input from Owner and Engineer, in agreement with project goals, towards the development of a defined master project schedule. G. Build and maintain a log of comments provided throughout the evolution of the design to track design decision effect on cost and time. 1.02 Not used. 1.03 Design-Related Preconstruction Services A. Attend periodic design meetings to provide consultation on aspects of the design that will impact the budget, schedule, and quality of the completed Work. B. Advise, assist, and provide recommendations on all aspects of the planning and design of the Work. Consult with the OPT regarding Site use and improvements, and the selection of materials, building systems, and equipment. Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment E Agreement, Exhibit A C. Provide recommendations: on construction feasibility; regarding actions designed to minimize adverse effects of labor or material shortages; on time requirements for procurement, installation, and construction completion; and on factors related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible opportunities for savings. D. Review in-progress design documents, including the documents variously described as preliminary design documents, 60% deliverable package (Drawings and Specifications), 90% deliverable package (Drawings and Specifications), and provide input and advice on constructability, materials and equipment selections, and availability. Provide timely suggestions for modifications to improve: 1. Ability to bid the Work: a. Identify Work elements that may be difficult to price as presented in the design documents. Provide suggestions to reduce risk and to obtain better pricing from Subcontractors and Suppliers. b. Make recommendations to the Owner regarding the division of the Work into Work Packages to improve biddability and proposals for the major elements of the Work. Engineer will not subdivide work into Work Packages for specific trades. c. Determine that specified products are readily available and notify Engineer if equal or substitute materials might be available. 1) Provide support to Engineer with design substitution evaluation and alternative costing which could have the potential for cost savings to Owner. d. Provide construction material review and provide potential substitute material recommendations. 2. Constructability, including sequencing or coordination issues: a. Adequacy of details for construction; b. Potential conflicts during construction; c. Feasibility of construction; d. Construction sequencing; 1) Host and lead one (1) Construction Sequencing Workshop with Owner and Engineer to advise Owner and Engineer in ways to gain efficiencies in project delivery. e. Ability to coordinate among Subcontractors and Suppliers; and f. Coordination between Contract Documents. 3. Operability: a. Ability to minimize disruptions to existing operations; b. Ability to complete construction connections to existing facilities or utilities; c. Modifications to facilitate initial start-up and/or performance testing; and d. Ability of Owner to operate/maintain the facility when completed. 4. Possible use of patented, licensed, or copyrighted products. Monticello Water Supply Treatment Plant Request for Proposals Page 3 RFP Attachment E Agreement, Exhibit A 5. Requirements for Subcontractor and equipment and materials procurement. 6. Completeness, consistency, and clarity. E. Subsurface conditions and Underground Facilities 1. Review information made available by Owner. a. Review information pertaining to subsurface or physical conditions at the Site. Inform Owner’s Advisor of additional examinations, investigations, explorations, testing, or studies (Supplemental Investigations) of subsurface or physical conditions at the Site that CMAR concludes would be beneficial if conducted prior to commencement of construction. See General Conditions Paragraph 5.03.E. b. Review information pertaining to Underground Facilities. Collaborate with the Engineer to improve the accuracy and completeness of information regarding Underground Facilities that Engineer incorporates into Work Authorizations in accordance with General Conditions Paragraph 5.05. 2. Provide site investigations of existing conditions, including condition assessments, potholing, and other services as needed. F. Research potential substitutes, furnish data and prepare a Preconstruction Substitute Request prior to a Work Authorization requesting the Owner’s Advisor to authorize the use of other items of equipment or material in accordance with General Conditions Paragraph 7.09. G. Provide review comments in writing using the processes or procedures prescribed by the Owner’s Advisor. Verify that the Project design can be executed within the Owner’s Construction Budget, within the allotted Contract Times, and with available labor, equipment, and materials. H. Report to Owner’s Advisor and Engineer any elements of the design that appear to be in error or appear to require engineering review and possible resulting modification. I. The CMAR is not responsible for design of the Project. The CMAR does not control the project design or contents of the Contract Documents and does not assume responsibility or liability for the project design by performing these reviews. The CMAR’s review of the project design and Contract Documents and providing recommendations are only advisory to the OPT. 1.04 Construction Management Plan and Implementation A. Provide and implement a written Construction Management Plan that incorporates the following elements: 1. CMAR’s organization for the Construction Phase of the project, including assigned responsibilities and level of authority within Project management; 2. Communication plan, including plans for distribution of documents, implementation of Action Items and Decision registers, frequency of reporting and project controls; 3. Document management plan that incorporates Communications Plan and contractual Electronic Data Protocols; 4. Construction contract administration; 5. Cost management; Monticello Water Supply Treatment Plant Request for Proposals Page 4 RFP Attachment E Agreement, Exhibit A 6. Time management; 7. Quality management; 8. Risk management; 9. Safety management; 10. Site management and environmental controls; 11. Regulatory requirements and permits; 12. Procurement Strategy Plan; and 13. Start up and commissioning program. B. Work with the OPT to incorporate requirements of the General Conditions and General Requirements (Division 01 of the Specifications) into the plan. Reference provisions in the General Conditions and General Requirements as appropriate. Prepare a draft plan and submit for review and comment by the OPT. Respond to comments and incorporate changes suggested by review comments as appropriate. Draft plan shall be submitted for review within 30 days of finalizing the Agreement between the Owner and CMAR. 1.05 Construction Contract Administration A. Work with the OPT to incorporate requirements of the General Conditions and General Requirements into administration of the Contract. Review the Owner’s Construction Management Plan and suggest changes as appropriate. B. Communications 1. Assist the Owner’s Advisor with planning Project meetings, participate in these meetings and provide documentation as requested by the Owner’s Advisor. 2. Plan, schedule, and document meetings held with Subcontractors and Suppliers. Include the members of the OPT as appropriate. 1.06 Cost Management A. Provide a preliminary evaluation of the Owner’s program and budget requirements to determine that CMAR will be able to construct the facilities described in that program within the Owner’s Construction Budget (Budget) using conceptual estimating techniques. Discuss this initial review of the Budget with the OPT. B. Assist OA in preparing an updated line-item Budget based on the CMAR’s proposed Procurement Strategy Plan prepared per Paragraph 1.13. This Budget is to include a line item for each anticipated Work Package, as well as line items for Construction Support Costs, the CMAR Fee, and CMAR Contingency Allowances and other costs, if any, that will be incorporated into the GMP for the Project. C. Assess current construction market to determine risk associated with the Budget. As an example, volatility in the cost of selected materials or equipment may drive cost above the Budget. Identify areas where costs may be lower than original estimates and if cost savings may be used to balance the Budget. Report the cost of various design and construction alternatives to the Owner, including the CMAR’s assumptions in preparing its analysis, a variance analysis between budget and preliminary Budgets, and recommendations for any adjustments to the Budget. Work with the OPT to consider costs relating to efficiency, usable life, maintenance, energy, and operation as part of the cost analysis. Monticello Water Supply Treatment Plant Request for Proposals Page 5 RFP Attachment E Agreement, Exhibit A D. Notify the Owner and the Owner’s Advisor immediately if any estimated construction cost will cause the projected GMP to exceed the Budget. Make appropriate recommendations to the OPT if cost projections exceed the Budget. E. Provide the Budget-related services set out in Paragraph 11.04 of the Agreement. F. Develop and provide detailed cost estimating, incorporating knowledge of marketplace conditions, including a maintained Project cost model to be used throughout and as the basis of the GMP Proposal(s). G. Complete GMP Proposals with conditions, assumptions, and contingency, including draft proposals at 30% (30% drawings are complete prior to CMAR selection, first task when CMAR is on board will be to estimate the 30% GMP and assemble a draft GMP as a Baseline), 60%, 90%, and final GMP for the project. The CMAR will host a workshop to review each draft GMP Proposal and the final GMP proposal prior to acceptance. Owner will have the option to negotiate and accept a GMP at any of the draft proposal stages. 1.07 Time Management A. Provide a preliminary master schedule for the Contract. Incorporate the Owner’s Advisor’s preliminary schedule and the schedule for design into the preliminary master schedule. Include allowances for reasonable periods required for the review and approval of items by the OPT and for approvals of governmental authorities having jurisdiction over the Project. Prepare the preliminary master schedule in a way that the detailed construction schedule can be incorporated into the master schedule as the Project becomes better defined. B. Identify critical design Milestones that must be met to keep the Project on schedule. Coordinate and integrate the preliminary project schedule with the services and activities of the OPT and CMAR. Update the preliminary project schedule as design develops to indicate proposed activity sequences and durations, Milestone dates for receipt and approval of pertinent information, submittal of a GMP Proposal, preparation and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and the Owner’s occupancy requirements. C. Make appropriate recommendations to the Owner and Owner’s Advisor if preliminary project schedule updates indicate that previously approved schedules may not meet Contract Time requirements. D. Revise the master schedule after the GMP is established. 1.08 Quality Management A. Prepare CMAR’s Quality Control Plan (CQCP) in accordance with the General Requirements. 1. Describe the quality control organization and lines of authority. Quality control plan is to identify the quality control manager and other key individuals involved in CMAR’s quality control effort. Provide the services of a dedicated quality control manager unless Owner’s Advisor determines that quality control manager may combine quality control duties with other responsibilities. If quality control manager is to serve in other capacities, identify those other responsibilities and the percentage of time spent in each role. Describe the qualifications of the quality control manager (in resume format) to demonstrate Monticello Water Supply Treatment Plant Request for Proposals Page 6 RFP Attachment E Agreement, Exhibit A experience with quality management activities and performance on successful projects. 2. Provide the name and qualifications, in resume format, of other persons assigned a quality control function. Define the roles and responsibilities and authorities for each person and the types of Work or portions of the work for which each person is responsible. 3. Describe CMAR’s approach to managing quality during construction. Describe how CMAR will integrate quality control procedures into the execution of the Work, provide testing and inspection required to control the quality of the Work in progress and verification or acceptance testing as required by the Contract Documents and CQCP. 4. Include a testing plan with details of tests to be provided. Designate the organization (Owner, Owner’s Advisor, CMAR, or Testing Agency) responsible for each type of testing. Coordinate CQCP Testing Plan with testing to be provided by the Owner. 5. Describe CMAR approach for managing defective Work, including notification and documentation procedures, development and implementation of corrective action plans and documentation that record corrective action has been successful in producing Work that complies with the Contract Documents. 6. Describe the approach for scheduling, reviewing, certifying, and managing documentation provided by Subcontractors and Suppliers. Include the approach for managing the quality of submittals, documentation procedures, and process for tracking and keeping documentation up to date. 1.09 Risk Management A. Analyze construction risks to assess risk impact and develop appropriate risk management strategies to minimize associated costs. B. Identify additional information that will help with risk assessment. C. Provide recommendations for appropriate allocation of construction risks. D. Review possible impacts associated with the use of patented, licensed, or copyrighted products. E. Review legal requirements for subcontractor and equipment procurement for risk impacts. F. Suggest procurement strategies to minimize risk. G. Host and lead a maximum of two (2) Risk Review Workshops, to identify project risks and work with the Project Team to identify mitigation strategies and develop contingencies to be 1.10 Safety Management A. Provide a project-specific Health and Safety Plan for the Contract to address the safety concerns associated with construction activities, including potential hazards, that complies with applicable Laws and Regulations. Write the manual with the ability to readily update the plan to incorporate needed revisions on a regular basis. B. The Health and Safety Plan is to include at least the following information: 1. Background information identifying the CMAR, Project description, and location; Monticello Water Supply Treatment Plant Request for Proposals Page 7 RFP Attachment E Agreement, Exhibit A 2. Management accountability structure with authority to implement safety plans, stop work, or make other safety-related decisions; 3. Role of safety representative (see General Conditions, Paragraph 7.16); 4. Provide descriptions of qualifications and certifications related to the performance of safety representatives; 5. Objectives of the Health and Safety Plan; 6. Administration and enforcement of the Health and Safety Plan; 7. Applicability of the Health and Safety Plan to various personnel categories, including the workforce, visitors, and members of the OPT; 8. List of conditions at the Site that may pose a hazard to anyone, hazard types, and those potentially exposed; 9. Procedures for first aid and medical attention; 10. Emergency notifications procedures based on hazard type which specify the entity to be notified for each situation; 11. Site access control requirements to prohibit unauthorized persons from entering the Site; 12. Orientation and training requirements for workers, visitors, and members of the OPT; 13. Hazard communications and awareness plan; 14. Required safety certifications for each type of work; 15. CMAR’s safety training program and effort to create and maintain a culture of safety; 16. CMAR’s written safety guidelines for project-specific issues as defined by Laws and Regulations; 17. Plan for conducting safety inspection and the audit frequency and schedule; 18. Process for conducting a Job Hazard Analysis for work activities and implementing countermeasures to ensure safety, including checklist specific to the Project and type of work; and 19. Accident / incident reporting procedures including monthly reporting. C. Incorporate Owner’s site safety requirements as appropriate. 1.11 Site Management and Environmental Controls A. Develop a plan for managing the Site during construction. The plan should address, at a minimum, management of the following: 1. Office space for CMAR, Subcontractors and if required by Contract, the OPT; 2. Water, sanitation, electrical, internet, and other utilities for CMAR’s and OPT's operations at the Site; 3. Storage facilities, parking, and construction equipment storage and maintenance; Monticello Water Supply Treatment Plant Request for Proposals Page 8 RFP Attachment E Agreement, Exhibit A 4. Protection of existing structures, trees and other landscaping, buildings, utilities, and Underground Facilities; 5. Site security, site safety, and emergency responses; 6. Temporary roads, temporary signage, barricades, fencing, and other devices to manage traffic to and within the Site, including provisions for delivery of materials and equipment, and maintenance during construction; 7. Environmental conditions including storm water management, pollution control, care of water, soil management, and other temporary controls and their removal when no longer required; 8. Reference data and control points; and 9. Cleaning during construction and containment and disposal of waste materials. B. Review plan with Owner’s Advisor and Owner to identify potential conflicts with operating other facilities, on-going and anticipated construction by other entities. Revise if necessary. 1.12 Regulatory Requirements, Funding Requirements, and Permits A. Review regulatory requirements, funding requirements, and permits required for construction. Develop a written plan for meeting applicable Laws and Regulations and obtaining permits. List the permit requirements, entities responsible for obtaining permits, documentation required for permits and cost for obtaining and complying with these requirements. B. Incorporate the associated cost into the Cost of Work and inform the Owner so these can be incorporated into the Owner’s Construction Budget, or the Owner’s Construction Budget may be adjusted as required. C. Assist in the permitting processes with Authorities having jurisdiction (AHJ). Lead and work with Owner and Engineer to secure all required construction permits to minimize project construction delays. Incorporate time for obtaining permits into the project schedule to ensure permits can be obtained and regulatory requirements met in time for the orderly progression of Work. 1.13 Procurement Strategy Plan A. Provide input to OPT regarding the current construction market, bidding climate, status of key Subcontractor and Supplier markets, and other local economic conditions. B. As the design develops, organize the Work into Work Packages that will (1) allow for phased construction that will shorten the overall completion schedule for the Work, (2) encourage price competition by prospective Subcontractors and Suppliers, and (3) enhance the quality and safety of the Work. C. Develop Subcontractor and Supplier interest in the Project consistent with state Laws and Regulations. Furnish the Owner’s Advisor a list of possible Subcontractors and Suppliers, from whom competitive bids will be requested for each principal portion of the Work. Identify preferred providers based on CMAR’s previous experience for quality of work, on-time delivery, and ability to complete work within bid amounts. Submission of this list is for information and discussion purposes only and not for prequalification. The review of this list will not require the OPT to investigate the qualifications of proposed Subcontractors and Suppliers, nor does it waive the right Monticello Water Supply Treatment Plant Request for Proposals Page 9 RFP Attachment E Agreement, Exhibit A of Owner to later object to or reject any proposed Subcontractor or Supplier when bids are considered. CMAR may submit a Change Proposal for any increase in the Guaranteed Maximum Price if this change is made after the GMP has been established. It is the intent of the Owner to include the services of local contractors to the greatest extent possible. D. Recommend to the OPT a schedule for procurement of long-lead time items required to meet the project schedule. Assist the OPT with the procurement of these long-lead items by obtaining competitive bids for these items under a separate Work Authorization. E. Identify critical elements of the Work that may require special procurement processes, such as prequalification of Subcontractors or Suppliers, requirement of certified or prequalified installers, or alternative contracting methods. F. Advise the Owner of market conditions, bid issues, design issues, or other factors which may have had an impact causing bid prices to be higher than estimated. Discuss opportunities for bringing the Project within budget with the Owner and the Owner’s Advisor, in consultation with the Engineer to assist with deciding on how to proceed. 1.14 Disadvantaged Business Enterprise (DBE) Program Implementation A. Identify potential contracting opportunities for DBE Subcontractors and Suppliers to meet Project DBE participation goals. B. Identify materials and equipment for which no opportunity for DBE participation exists to assist the Owner in developing realistic DBE participation goals based on available opportunities. C. Determine the eligible contract costs associated with each proposed Work Package. D. Propose realistic DBE participation goals for the Project, expressed as a percentage of eligible contract costs, considering the specific subcontracting opportunities identified and the availability of DBE participants for each specific subcontracting opportunity. E. Determine if Owner’s DBE participation goals for the Project, expressed as a percentage of eligible contract costs, is achievable when considering the specific subcontracting opportunities identified and the availability of DBE participants for each specific subcontracting opportunity. Propose the participation goals which are considered to be achievable. F. Promote opportunities for DBE firms to participate in submitting offers for subcontracts. Provide potential Subcontractors and Suppliers with a copy of Owner’s DBE policy with bid documents. Make a good faith effort to encourage DBE participation and make potential Subcontractors and Suppliers aware that participation is taken into consideration when awarding contracts. 1.15 Value Engineering Studies A. Participate in Value Engineering reviews at the level appropriate for the projects at the completion of the first draft of the Final Design Phase documents (approximately 60% completion) to assist in identifying ways to improve value to the owner or reduce the cost for the project. Provide cost estimates to quantify potential cost savings to reduce the overall cost for the Project. Monticello Water Supply Treatment Plant Request for Proposals Page 10 RFP Attachment E Agreement, Exhibit A B. Assist OA in conducting a workshop to identify potential changes which could reduce the cost of the Project or increase the value of the Project by more than the cost of the changes. Present selected alternatives for more detailed evaluation. The detailed evaluation will consider cost, ability to implement the changes, technical analysis, and the impact of changes on the Project. Ideas that pass the technical and economic analysis, and merit incorporation into the design of the project, will be presented, in a draft report, as a proposal to the OPT for consideration. Incorporate responses of the OPT in the final report. C. Review and comment on deliverables which include draft and final value engineering recommendation reports. 1.16 Start Up and Commissioning Program A. Provide CMAR’s organizational structure for startup and commissioning. Identify the individuals from CMAR, Subcontractors and Suppliers actively involved in the process. Identify testing personnel required for startup, including independent testing agencies. Work with Owner’s Advisor to develop a table of roles and responsibilities for CMAR team and the OPT. B. Develop a written start up and commissioning program consistent with the requirements of the Contract Documents. Write the plan in a way that will allow specific details to be added or information updated as equipment and materials are purchased and delivered. C. Identify all systems to be included in the startup plan, each item of equipment involved with each system and the interface between each item of equipment and other operating equipment. Identify how each equipment component fits into operations of the completed facility. D. Identify control systems associated with operating the system or facility, and how each is used to start-up, operate, and shut down its associated system. Identify prerequisite conditions for startup and testing for each system and facility. Identify conditions which would merit termination of startup or testing procedures. E. Compile a list of all documents required for startup, including Contract Documents, Shop Drawings, operations and maintenance manuals, verification of warranty information, lists of spare parts and their location, and contact information for manufacturer’s representatives to be included in startup readiness testing /verification and performance testing. F. Identify testing required for factory witness testing, startup readiness verification, equipment and performance testing, and functional and performance testing. G. Provide a preliminary schedule for startup and commissioning plans which can be updated as more detailed information is available. Incorporate this schedule in the master schedule and construction schedule for the Project. Monticello Water Supply Treatment Plant Request for Proposals Page 11 RFP Attachment E Agreement, Exhibit A ARTICLE 2—ADDITIONAL PRECONSTRUCTION SERVICES 2.01 Not used. ARTICLE 3—BASIC SERVICES – PROCUREMENT 3.01 Project Management A. Participate in Project Meetings 1. Hold and lead a kick-off meeting for Procurement Services early in the preconstruction phase to discuss equipment and materials for pre-procurement consideration. Advise Owner and Engineer as needed. Lead efforts to secure said equipment and materials upon discussion with Owner and Engineer. B. Provide administration of Agreement for CMAR Procurement Services, including Applications for Payment, progress reporting, management of CMAR staff, schedule for services, and deliverables. 3.02 Assembling Work Packages A. Assemble appropriate bid documents for distribution to prospective bidders for Work Packages in accordance with the procurement strategies defined in the Construction Management Plan and Procurement Strategy Plan (see Basic Preconstruction Services). 3.03 Advertise for Bids A. Publicly advertise each Work Package, soliciting bids from Subcontractors and Suppliers for each Work Package in accordance with the applicable provisions of Laws and Regulations. B. Maintain a list of all entities that have requested bid documents for each Work Package (planholders) until bids are received. Provide updates of the planholders as required by the Owner’s Advisor. C. Encourage multiple Subcontractors and Suppliers to submit bids on the Work Package so a minimum of three bids are received for each Work Package. D. Prequalify Subcontractors or Suppliers for the Project as needed. 3.04 Pre-Bid Conferences A. Conduct a pre-bid conference with prospective Subcontractor and Suppliers to familiarize them with: 1. Bid opportunities for Work Packages; 2. Special requirements of the Contract Documents; 3. Prevailing wage requirements; 4. Equal employment opportunity requirements; and 5. Diverse Business Enterprise requirements, if any. B. Obtain responses from the Owner’s Advisor, in consultation with the Engineer, to all questions at pre-bid conferences requiring a modification to the Contract Documents. Prepare a record of the discussions at the pre-bid conference to assist the Owner’s Advisor and Engineer in preparing Addenda as appropriate. Review and comment on Monticello Water Supply Treatment Plant Request for Proposals Page 12 RFP Attachment E Agreement, Exhibit A Addenda prepared by the Owner’s Advisor in consultation with the Engineer to incorporate responses to questions raised during or as a result of the pre-bid conference. 3.05 Addenda A. Receive draft Addenda prepared by the Owner’s Advisor in consultation with the Engineer. Review the draft Addenda for clarity, consistency, and coordination, and provide comments to Owner’s Advisor and Engineer. By conducting such reviews and providing comments, CMAR does not assume responsibility or liability, in whole or in part, for all or any part of the Project design or the content of the Contract Documents. B. Distribute Addenda regarding any changes in the bid process or Contract Documents to all planholders. Require verification from planholders that Addenda have been received. 3.06 Opening Bids A. Open bids submitted by Subcontractors and Suppliers for all Work Packages at the time and location so indicated in the advertisement for bid or as altered by addendum sent to all planholders. B. Where allowed by state Laws and Regulations, the CMAR may be able to self-perform portions of the Work. Require sealed bids for all Work Packages which the CMAR proposes to perform with its own resources. The CMAR must submit a sealed bid for any such Work Package to be opened at the same time and in the same manner that other bids for this Work are to be opened. The CMAR will be allowed to self -perform that Work for which the CMAR’s bid demonstrates that it will provide the best value in terms of cost, schedule, and quality of Work. C. Review all bids submitted in the presence of the Owner and the Owner’s Advisor in a way that does not disclose the contents of the bid during the selection process to any entity other than the OPT and CMAR. D. Compare bids received to the line-item budget prepared for the Project prior to the opening of bids. Resolve discrepancies or overlaps in bid packages to eliminate duplications or the omission of elements of the Work that are not included in Construction Support Costs. Discuss each bid received with the OPT and recommend which bid received will provide best value for the Owner. E. Evaluate any substitutions or alternate bids offered by bidders. Owner’s Advisor, in consultation with the Engineer, will evaluate the substitutions or alternate bids to determine the technical merit and to determine that the modifications offered are consistent with the intent of the Contract Documents. The Owner, in consultation with the Owner’s Advisor and Engineer, will determine if the substitution or alternate is acceptable. F. The Owner will adjust the Guaranteed Maximum Price (GMP) if the Owner requires the CMAR to contract with a Subcontractor or Supplier different from the entity submitting the bid on which the GMP is based. This adjustment will be made in the GMP or by Change Order if the GMP has already been established by a Work Authorization. G. In the case of the need to replace a Subcontractor or Supplier under the provisions of the General Conditions Paragraph 7.10.O, Owner may direct the CMAR to obtain competitive bids for this Work if the cost proposed by the CMAR or substitute Subcontractor or Supplier for this Work differs from the line-item estimate by more Monticello Water Supply Treatment Plant Request for Proposals Page 13 RFP Attachment E Agreement, Exhibit A than 10 percent of the line-item amount. The CMAR will not be required to advertise this Work as required in Paragraph 1.02. H. Make all bids public after the award of contracts or not later than 7 days after the date of the final selection of bids or proposals. ARTICLE 4—ADDITIONAL PROCUREMENT SERVICES 4.01 Not used. ARTICLE 5—SPECIAL SERVICES 5.01 Not used. Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment E Agreement, Exhibit B EXHIBIT B—COMPENSATION ARTICLE 1—BASIC SERVICES – PRECONSTRUCTION 1.01 Compensation for Basic CMAR Services, as outlined in Exhibit A, shall be in accordance with Article 3 of this Agreement. ARTICLE 2—COMPENSATION FOR PERFORMANCE AND COMPLETION OF THE WORK 2.01 Includes compensation for Performance and Completion of the Work as depicted in Article 4 of this Agreement. 2.02 A Contract Amendment shall be executed to define compensation for the services set forth in Article 4 of this Agreement. The CMAR’s Proposal documentation, as submitted to the Owner regarding such services, is hereby incorporated by reference Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment B, Form 2 CMAR Fees Part B – CMAR Fee Each Proposer shall provide a percentage fee for the CMAR Fee, which will be fixed and used for development of the GMP. CMAR Fee shall be as defined by Article 7 of the Draft CMAR Contract included with the Proposal Documents to cover the Cost of the Work as defined by Article 1 of the General Conditions and the Draft CMAR Contract. CMAR Fee(s) provided are binding. CMAR Fee (%) __________6.50% Rice Lake Construction Group | Monticello Water Supply Treatment Plant 6 C. CMAR FEE Monticello Water Supply Treatment Plant Request for Proposals Page 3 RFP Attachment B, Form 2 CMAR Fees Part C – Construction Support Costs Each Proposer shall provide an estimated percentage fee for the Construction Support Costs. Construction Support Costs shall be as defined by Article 5 of the Draft CMAR Contract included in the Proposal Documents. Percentage fee can be negotiated, up or down a maximum of two (2) percent of the Cost of the Work, once the construction support requirements are finalized by the Engineer. Construction Support Cost Fee (%) __________ In our opinion, Construction Support Costs are not significantly impacted by increases in the Cost of Work (i.e., materials and subcontractor expenses). For example, whether the Cost of Work is $35 million or $45 million, the general conditions do not vary proportionally. While certain elements such as bond and insurance costs may adjust slightly, the overall duration and scope of construction support services remain largely consistent. This approach is consistent with the contract language and the note above, which states that Construction Support Costs will be negotiated and finalized at the time of GMP. Accordingly, this fee may fall within a range of 4.25% to 8.25%. Many of the items listed in Article 5 are primarily duration-based, and as such, the agreed-upon project schedule will drive the duration—and ultimately the total—of these costs. These costs can then be finalized either as a percentage within the stated range or as a lump sum. 6.25% Rice Lake Construction Group | Monticello Water Supply Treatment Plant 7 D. CONSTRUCTION SUPPORT COSTS Rice Lake Construction Group | Monticello Water Supply Treatment Plant 8 E. OWNER’S CONTINGENCY ALLOWANCE; NOT USED An Owner’s Contingency Allowance has not yet been established. Therefore, Proposers shall not include a line-item cost for the Owner’s Contingency Allowance in the Price Proposal. Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment F Agency Agreement AGENCY AGREEMENT THIS AGENCY AGREEMENT is dated as of the ___ day of __________ in the year 2025 by and between the City of Monticello, 505 Walnut Street, Suite 1, Monticello, MN 55362 (hereinafter called Owner) and Rice Lake Construction Group (hereinafter called Contractor). WHEREAS, Contractor was awarded the contract for the Monticello Water Supply Treatment Plant for the City of Monticello, Minnesota and; WHEREAS, a substantial portion of the cost consists of the purchase of materials, supplies, and equipment and; WHEREAS, the parties desire to provide that the Owner, for sales tax rebate program purposes, will be deemed the purchaser of the property and the Contractor shall be deemed the Owner’s appointed agent for this purpose. NOW, THEREFORE, the Owner and Contractor agree as follows: 1. Contractor shall act as the purchasing agent of behalf of the Owner. Subject to Contractor meeting the terms, conditions, and requirements under the Contract Documents, Owner has the obligation to make the payment for materials, supplies, and equipment and, therefore, shall pay for the purchase of materials, supplies, and equipment for the project titled Monticello Water Supply Treatment Plant, City of Monticello, Minnesota. The requirements of this Agency Agreement shall apply to the Contractor and every subcontractor hired or retained by the Contractor to supply materials, supplies, and equipment to the Project. 2. Sales tax must be imposed and collected on qualifying purchases of materials, supplies, and equipment as of the rate under Minnesota Statues, Section 297A.62, Subdivision 1, applied. All work scopes, including Material Only bids, shall include the appropriate sales and use tax in their bid. Additional local taxes apply. 3. This Project may be subject to a Minnesota Sales Tax Refund to the Owner, on, before, and after the end of the Project. Therefore, Contractor shall make special documentation for the taxes paid on this specific project, and submit a Materials and Supplies Contractor’s Tax Statement. Contractor shall submit special documentation of qualifying materials, supplies, and equipment purchased to Owner upon completion of the Work, for reimbursement of sales tax, to Owner. Contractor shall keep all records regarding this statement for a minimum of three (3) years, and allow the County and State auditors access to these records if requested. 4. Contractor may be required to furnish additional information to permit the State of Minnesota to verify the tax paid on materials, supplies, and equipment beyond what is provided by the Contractor in a Contractor’s Tax Statement to verify tax paid. Contractor shall provide additional information promptly as requested by Owner to fulfill the State of Minnesota’s request(s). 5. All contracts or purchase orders entered into by the Contractor shall contain a statement that the purchases are being made pursuant to the Agency Agreement. A copy of this Agency Agreement shall be attached to each such contract or purchase order. Furthermore, the Owner hereby authorizes the Contractor to pay for purchases directly. Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment F Agency Agreement 6. Materials, supplies, and equipment purchased under the conditions of this Agency Agreement shall not be used by the Contractor for their own use. 7. Owner and Contractor acknowledge that the title for all materials, supplies, and equipment purchased under the Agency Agreement passes directly to the Owner at the point of delivery. 8. The risks of ownership of the materials, supplies, and equipment, including those incorporated into realty, purchased under the Agency Agreement are with the Owner, including risk of loss for or defective materials of all materials, supplies, and equipment. 9. Contractor may be required to submit invoices to the Owner annually or more frequently if requested by Owner for Sales and Use Tax reimbursement purposes. Furthermore, Owner shall direct Contractor how said invoices are submitted or structured. 10. This Agency Agreement supplements the Agreement Between Owner and Construction Manager at Risk for the Monticello Water Supply Treatment Plant project. Except as specifically modified by this Agency Agreement, all terms and conditions of the construction Agreement remain in full force and effect. IN WITNESS WHEREOF, Owner and Contractor have signed this Agency Agreement in duplicate. Owner: Contractor: By: By: Date: Date: EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ......................................................................................................1 1.01 Defined Terms ..............................................................................................................................1 1.02 Terminology..................................................................................................................................8 Article 2— Preliminary Matters....................................................................................................................9 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................9 2.02 Copies of Documents....................................................................................................................9 2.03 Electronic Transmittals.................................................................................................................9 2.04 Construction Management.........................................................................................................10 Article 3— Contract Documents: Intent, Requirements, Reuse.................................................................10 3.01 Intent..........................................................................................................................................10 3.02 Reference Standards...................................................................................................................11 3.03 Reporting and Resolving Discrepancies......................................................................................11 3.04 Interpretation of the Contract Documents.................................................................................12 3.05 Reuse of Documents...................................................................................................................12 Article 4— Commencement and Progress of the Work .............................................................................13 4.01 Commencement of Contract Times; Notice to Proceed.............................................................13 4.02 Starting the Work .......................................................................................................................13 4.03 Reference Points.........................................................................................................................13 4.04 Progress Schedule.......................................................................................................................13 4.05 Delays in CMAR’s Progress .........................................................................................................13 Article 5— Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions....................15 5.01 Availability of Lands....................................................................................................................15 5.02 Use of Site and Other Areas........................................................................................................15 5.03 Subsurface and Physical Conditions ...........................................................................................16 5.04 Differing Subsurface or Physical Conditions...............................................................................17 5.05 Underground Facilities................................................................................................................19 EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 5.06 Hazardous Environmental Conditions at Site .............................................................................21 Article 6— Bonds and Insurance ................................................................................................................23 6.01 Performance, Payment, and Other Bonds..................................................................................23 6.02 Insurance—General Provisions...................................................................................................24 6.03 CMAR’s Insurance.......................................................................................................................26 6.04 Builder’s Risk and Other Property Insurance..............................................................................27 6.05 Property Losses; Subrogation.....................................................................................................28 6.06 Receipt and Application of Property Insurance Proceeds ..........................................................29 Article 7— CMAR’s Responsibilities............................................................................................................29 7.01 CMAR’s Means and Methods of Construction............................................................................29 7.02 Supervision and Superintendence..............................................................................................29 7.03 CMAR Services—Key Personnel and Subconsultants .................................................................30 7.04 Quality of CMAR Services ...........................................................................................................30 7.05 Continuation or Termination of CMAR Services.........................................................................30 7.06 Labor; Working Hours.................................................................................................................31 7.07 Services, Materials, and Equipment ...........................................................................................31 7.08 “Or Equals” .................................................................................................................................32 7.09 Substitutes..................................................................................................................................33 7.10 Concerning Subcontractors and Suppliers..................................................................................35 7.11 Patent Fees and Royalties...........................................................................................................36 7.12 Permits........................................................................................................................................37 7.13 Taxes...........................................................................................................................................37 7.14 Laws and Regulations .................................................................................................................37 7.15 Record Documents .....................................................................................................................38 7.16 Safety and Protection.................................................................................................................38 7.17 Hazard Communication Programs..............................................................................................39 7.18 Emergencies................................................................................................................................39 7.19 Submittals...................................................................................................................................40 7.20 CMAR’s General Warranty and Guarantee.................................................................................42 7.21 Indemnification...........................................................................................................................44 7.22 Delegation of Professional Design Services................................................................................44 Article 8— Other Work at the Site..............................................................................................................45 8.01 Other Work.................................................................................................................................45 EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 8.02 Coordination...............................................................................................................................46 8.03 Legal Relationships.....................................................................................................................46 Article 9— Owner’s Responsibilities...........................................................................................................47 9.01 Communications to CMAR..........................................................................................................47 9.02 Replacement of Owner’s Advisor or Engineer............................................................................47 9.03 Furnish Data................................................................................................................................47 9.04 Pay CMAR ...................................................................................................................................47 9.05 Lands and Easements; Reports, Tests, and Drawings.................................................................47 9.06 Insurance....................................................................................................................................48 9.07 Change Orders............................................................................................................................48 9.08 Inspections, Tests, and Approvals...............................................................................................48 9.09 Owner’s Tasks in Support of CMAR Services ..............................................................................48 9.10 Limitations on Owner’s Responsibilities.....................................................................................49 9.11 Undisclosed Hazardous Environmental Condition......................................................................49 9.12 Evidence of Financial Arrangements ..........................................................................................49 9.13 Safety Programs..........................................................................................................................49 Article 10— Status Of Owner’s Advisor and Engineer During Construction...............................................49 10.01 Owner’s Advisor..........................................................................................................................49 10.02 Visits to Site................................................................................................................................49 10.03 Determinations for Unit Price Work...........................................................................................50 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work; Exercise of Authority.................................................................................................................................................50 10.05 Limitations on Owner’s Advisor’s and Engineer’s Authority and Responsibilities......................50 10.06 Compliance with Safety Program ...............................................................................................51 Article 11— Changes to the Contract.........................................................................................................51 11.01 Amending and Supplementing the Contract..............................................................................51 11.02 Change Orders............................................................................................................................51 11.03 Work Change Directives .............................................................................................................52 11.04 Field Orders ................................................................................................................................52 11.05 Owner-Authorized Changes in the Work....................................................................................53 11.06 Unauthorized Changes in the Work............................................................................................53 11.07 Change of Contract Price............................................................................................................53 11.08 Change of Contract Times...........................................................................................................54 EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 11.09 Change Proposals .......................................................................................................................54 11.10 Notification to Surety .................................................................................................................55 Article 12— Claims .....................................................................................................................................55 12.01 Claims .........................................................................................................................................55 Article 13— Allowances; Unit Price Work ..................................................................................................57 13.01 Allowances..................................................................................................................................57 13.02 Unit Price Work...........................................................................................................................57 Article 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................58 14.01 Access to Work...........................................................................................................................58 14.02 Tests, Inspections, and Approvals...............................................................................................58 14.03 Defective Work...........................................................................................................................59 14.04 Acceptance of Defective Work ...................................................................................................60 14.05 Uncovering Work........................................................................................................................60 14.06 Owner May Stop the Work.........................................................................................................60 14.07 Owner May Correct Defective Work ..........................................................................................61 Article 15— Payments to CMAR; Set-Offs; Completion; Correction Period...............................................61 15.01 Payment for CMAR Services .......................................................................................................61 15.02 Progress Payments .....................................................................................................................61 15.03 CMAR’s Warranty of Title...........................................................................................................65 15.04 Substantial Completion ..............................................................................................................65 15.05 Partial Use or Occupancy............................................................................................................66 15.06 Final Inspection...........................................................................................................................67 15.07 Final Payment.............................................................................................................................67 15.08 Waiver of Claims.........................................................................................................................68 15.09 Correction Period........................................................................................................................68 Article 16— Suspension and Termination..................................................................................................70 16.01 Owner May Suspend CMAR Services or Work............................................................................70 16.02 Owner May Terminate for Cause................................................................................................70 16.03 Owner May Terminate for Convenience ....................................................................................71 16.04 CMAR May Stop Work or Terminate..........................................................................................71 Article 17— Final Resolution of Disputes ...................................................................................................72 17.01 Methods and Procedures ...........................................................................................................72 EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 Article 18— Miscellaneous.........................................................................................................................72 18.01 Giving Notice...............................................................................................................................72 18.02 Computation of Times................................................................................................................72 18.03 Cumulative Remedies.................................................................................................................73 18.04 Limitation of Damages................................................................................................................73 18.05 No Waiver...................................................................................................................................73 18.06 Survival of Obligations................................................................................................................73 18.07 Controlling Law...........................................................................................................................73 18.08 Assignment of Contract..............................................................................................................73 18.09 Successors and Assigns...............................................................................................................73 18.10 Headings.....................................................................................................................................73 This page intentionally left blank EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 74 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Proposal Documents or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and Paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the receipt of Proposals by the Owner which clarify, correct, or change the Proposal Documents or the proposed Contract Documents. 2. Agreement—The written instrument, including its attached exhibits, executed by Owner and Construction Manager at Risk, that sets forth the Contract Price and Contract Times, identifies the Owner, Construction Manager at Risk, Owner’s Advisor, and Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Construction Manager at Risk, in a form acceptable to Owner’s Advisor, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Change Order—A document which is signed by Construction Manager at Risk and Owner after the Effective Date of a governing Work Authorization and authorizes an addition, deletion, or revision in the authorized Work, an adjustment in the applicable incremental Guaranteed Maximum Price or Contract Times, or other revision to such Work Authorization. 5. Change Proposal—A written request by Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Guaranteed Maximum Price or Contract Times; contesting a decision by Owner’s Advisor, in consultation with Engineer, concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 6. Claim a. A demand or assertion by Owner directly to Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting a decision rendered by Owner’s Advisor, in consultation with Engineer, concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents, or regarding a Change Proposal; or seeking other relief with respect to the terms of the Contract. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 74 b. A demand or assertion by Construction Manager at Risk directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Owner’s Advisor’s decision, made in consultation with Engineer, regarding a Change Proposal. c. A demand or assertion by Owner or Construction Manager at Risk, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.3, concerning disputes arising after Owner’s Advisor has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 7. CMAR Contingency Allowance—An allowance used to reimburse CMAR for costs due to unforeseen causes, unintentional errors, or events which cannot specifically be anticipated at the time Work Authorizations are issued, as set forth in the Agreement, Article 8. 8. CMAR Fee—The component of the Guaranteed Maximum Price that supplements the CMAR’s compensation for the Cost of the Work, consisting of either a fixed fee (a stipulated price or lump sum amount) or a percentage of the Cost of the Work, as set forth in the Agreement. 9. CMAR Services—Those specific planning, organizational, and advisory services to be performed or furnished by CMAR, consisting collectively of Preconstruction Services, Procurement Services, and any other services authorized by Owner’s Advisor and expressly identified in such authorization as CMAR Services. CMAR Services are not part of the Work. 10. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 11. Construction Manager at Risk (CMAR)—The entity that has entered into the Contract with Owner. Under the Contract the CMAR will provide CMAR Services and construct the Work set out in the Drawings and Specifications, as duly authorized, using the Construction Manager at Risk project delivery method. 12. Construction Period—The period from the commencement of Work on the first Work Authorization until Substantial Completion of the Work. This is the number of days for which Construction Support Costs will be compensated. 13. Construction Support Costs—See Agreement, Article 5. 14. Contract—The entire and integrated written agreement between Owner and Construction Manager at Risk concerning the CMAR Services and the Work. 15. Contract Amendment—A document signed by Owner and Construction Manager at Risk which modifies the terms and conditions of the Contract, including but not limited to modifications of the time or compensation provisions of the Agreement and the scope of CMAR Services. A Contract Amendment is not used to make changes in the Work or EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 74 to a Work Authorization, such changes properly being made in a Change Order or supplemental Work Authorization. 16. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 17. Contract Price—The money that Owner has agreed to pay Construction Manager at Risk for performance and completion of the CMAR Services and the Work, in accordance with the Contract Documents. The Contract Price may be subdivided into component parts based on authorized CMAR Services and Work Authorizations. The Contract Price includes the CMAR’s compensation for CMAR Services, Construction Support Costs, Cost of the Work, the CMAR Fee, CMAR Contingency Allowances, and the Owner’s Contingency Allowance. 18. Contract Times—The number of days or the dates by which Construction Manager at Risk shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work and all required services. The Contract Times may be subdivided into component parts based on Work Authorizations and authorized CMAR Services. 19. Contractor—The term “Contractor,” if used in the Contract, means Construction Manager at Risk. 20. Cost of the Work—The sum of eligible costs incurred by CMAR for the performance of the Work, as allowed by the Cost of the Work provisions set forth in the Agreement. Cost of the Work as a defined term does not include Construction Support Costs. 21. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Construction Manager at Risk. 22. Effective Date of the Contract—The date indicated in the Agreement, on which the Contract becomes effective. 23. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 24. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 25. Engineer—The individual or entity that has primary responsibility for preparing or furnishing the Drawings and Specifications and is named as Engineer in the Agreement. 26. Estimated Cost of the Work—An estimate of the Cost of the Work prepared by the Owner for use (a) during the CMAR selection process in evaluating Proposals submitted in response to the Request for Proposals and (b) during the early stages of the Contract in calculating an Estimated Guaranteed Maximum Price until the design has progressed EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 74 to the point where Owner and CMAR can mutually agree upon a Guaranteed Maximum Price. 27. Estimated Guaranteed Maximum Price—A preliminary Guaranteed Maximum Price calculated on the basis of the Estimated Cost of the Work. This is a non-binding price used on an interim basis for comparison or estimation of Owner’s Construction Budget until the design has progressed to the point that a Guaranteed Maximum Price for the Work is established, or a Guaranteed Maximum Price for a portion of the Work is established by issuance of a Work Authorization by the Owner’s Advisor. 28. Field Order—A written order issued by Owner’s Advisor which requires minor changes in the Work but does not change the Guaranteed Maximum Price or the Contract Times. 29. Final Completion—The point at which the Work is complete in accordance with the Contract Documents, items and documents required by the Contract Documents have been accepted by the Owner, all required services have been completed, and the Contract is ready for final payment. 30. Guaranteed Maximum Price (GMP)—The maximum amount to be paid by Owner to CMAR for the sum of the Construction Support Costs, plus Cost of the Work, plus the CMAR Fee, all as set forth in the Agreement. 31. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 32. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 33. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 34. Milestone—A principal event in the performance of the Work that the Contract requires Construction Manager at Risk to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 35. Notice of Award—The written notice by Owner stating that Owner will enter into the Construction Manager at Risk contract with the selected Construction Manager at Risk. 36. Owner—The entity with which Construction Manager at Risk has contracted regarding the CMAR Services and the Work, and which has agreed to pay Construction Manager EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 74 at Risk for the performance of the CMAR Services and the Work, pursuant to the terms of the Contract. 37. Owner’s Advisor (OA)—The individual or entity named as Owner’s Advisor in the Agreement. The Owner’s Advisor provides services to the Owner, as an advisor and representative. 38. Owner’s Construction Budget (Budget)—The amount budgeted by the Owner to pay CMAR to perform and complete the Work in accordance with the Contract Documents. This amount includes compensation for Cost of the Work, the CMAR Fee, and Construction Support Costs, but does not include compensation for CMAR Services. 39. Owner’s Project Team (OPT)—As used in this Contract, refers to Owner, Owner’s Advisor and Engineer, collectively. 40. Preconstruction Services—Those planning, management, and support services to be performed or furnished by CMAR as set forth in the Scope of CMAR Preconstruction Services Exhibit to the Agreement. Preconstruction Services are separate and distinct from Procurement Services, and from the performance of the Work itself, and are a component of CMAR Services. 41. Preconstruction Services Price—The total amount to be paid to CMAR for the Preconstruction Services described in the Scope of CMAR Preconstruction Services Exhibit to the Agreement. 42. Procurement Services—Those services relating to assembling Work Packages and procurement of construction Subcontractors, Suppliers, and materials and equipment, to be performed or furnished by CMAR as set forth in the procurement-related provisions of the Scope of CMAR Services Exhibit to the Agreement. Procurement Services are separate and distinct from Preconstruction Services, and from the performance of the Work itself, and are a component of CMAR Services. 43. Procurement Services Price—The total amount to be paid to CMAR for providing the Procurement Services described in the Scope of CMAR Procurement Services Exhibit to the Agreement. 44. Progress Schedule—A schedule, prepared and maintained by Construction Manager at Risk, describing the sequence and duration of the activities comprising Construction Manager at Risk’s plan to accomplish the Work within the Contract Times. 45. Project—The total undertaking to be accomplished for Owner by construction managers, engineers, contractors, advisors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the CMAR Services and the Work to be performed under the Contract are a part. 46. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 47. Schedule of Submittals—A schedule, prepared and maintained by Construction Manager at Risk, of required Submittals and the time requirements for review of the Submittals. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 74 48. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Construction Manager at Risk and submitted by Construction Manager at Risk to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 49. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Construction Manager at Risk. 50. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 51. Subcontractor—An individual or entity having a direct contract with Construction Manager at Risk or with any other Subcontractor for the performance of a part of the Work. 52. Submittal—A written or graphic document, prepared by or for Construction Manager at Risk, which the Contract Documents require Construction Manager at Risk to submit to Owner’s Advisor, or that is indicated as a Submittal in the Schedule of Submittals accepted by Owner’s Advisor. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether approved or accepted by Owner’s Advisor or Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 53. Substantial Completion—The time at which the Work, or a specified part thereof, has progressed to the point where, the Work, or the specified part thereof, is sufficiently complete, in accordance with the Contract Documents, so that the Work, or the specified part thereof, can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work. 54. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 55. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Construction Manager at Risk or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Construction Manager at Risk or a Subcontractor. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 74 56. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures, except Underground Facilities, or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Construction Manager at Risk. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated in the Drawings. 57. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 58. Unit Price Work—Work to be paid for based on unit prices. 59. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 60. Work Authorization—A document issued by Owner’s Advisor and signed by Owner and CMAR which identifies and defines new Work Packages and establishes the amount to be paid, times for completion, and any special or supplementary provisions applicable to the authorized Work. 61. Work Package–A specific portion of the Work developed by Engineer and Owner’s Advisor in collaboration with the CMAR and subsequently authorized by a Work Authorization. 62. Work Change Directive—A written directive issued by Owner’s Advisor to Construction Manager at Risk on or after the Effective Date of a governing Work Authorization, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 74 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Proposal Documents or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives–The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Owner’s Advisor or Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Owner’s Advisor or Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective is not intended to and will not be effective to assign to Owner’s Advisor or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day–The word “day” means a period of 24 hours measured from midnight to the next midnight. D. Defective–The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to Owner’s Advisor’s recommendation of final payment unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.04 or Paragraph 15.05. E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site, or some other specified location ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for their intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for their intended use. 4. If the Contract Documents establish an obligation of CMAR with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then CMAR shall furnish and install said services, materials, or equipment complete and ready for their intended use. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 74 F. Contract Price or Contract Times–References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds–When CMAR delivers the signed counterparts of a Work Authorization to Owner, CMAR shall also deliver to Owner the performance bond and payment bond, if the Contract requires CMAR to furnish such bonds, or confirm that existing performance and payment bonds have been supplemented to account for the additional authorized Work. B. Evidence of CMAR’s Insurance–When CMAR delivers the signed counterparts of the Agreement to Owner, CMAR shall also deliver to Owner, with copies to each additional insured, as identified in the Contract, the certificates, endorsements, and other evidence of insurance required to be provided by CMAR in accordance with Article 6, except to the extent the Supplementary Conditions or Agreement expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner’s Insurance–After receipt of the signed counterparts of the Agreement and all required insurance documentation, Owner shall promptly deliver to CMAR, with copies to each additional insured, as identified in the Contract, the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to CMAR four printed copies of the Contract, including one fully signed counterpart of the Agreement, and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to CMAR for review. Owner may delegate the responsibilities under this provision to Owner’s Advisor. 2.03 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Owner’s Advisor, Engineer, and CMAR may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Owner’s Advisor, and CMAR shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 74 term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. 2.04 Construction Management A. In addition to providing CMAR Services, during the course of the Contract, and especially during the performance of the Work, CMAR will: 1. Organize and manage the resources required for construction of the Work, commissioning, and correction of defective Work after Substantial Completion of the Work. 2. Administer, coordinate, monitor, and report on construction progress and associated activities. 3. Assist the Owner’s Advisor in collecting, disseminating, and storing documents and information. 4. Manage the Work to meet Contract goals and objectives. 5. Recommend action to the Owner related to the management of the Work. 6. Develop schedule and cost control systems to monitor and report on the progress of the overall Contract. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project, or part thereof, to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents, including any printed copies derived from such electronic versions, and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Owner’s Advisor, in consultation with Engineer, will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and CMAR, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 74 G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner, Owner’s Advisor, or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner, Owner’s Advisor, or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of receipt of Proposals, except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, CMAR, Owner’s Advisor, or Engineer from those set forth in the Contract Documents. No such provision or instruction will be effective to assign to Owner, Owner’s Advisor, or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. CMAR’s Verification of Figures and Field Measurements–Before undertaking each part of the Work, CMAR shall carefully study the applicable Drawings and Specifications, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. CMAR shall promptly report in writing to Owner’s Advisor any conflict, error, ambiguity, or discrepancy that CMAR discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Owner’s Advisor, in consultation with Engineer, and, if appropriate, an amendment or supplement to the Contract is issued by Owner’s Advisor pursuant to Paragraph 11.01. 2. CMAR’s Review of Drawings and Specifications–If, while performing or providing CMAR Services, or during the performance of the Work, CMAR discovers any conflict, error, ambiguity, or discrepancy within the Drawings and Specifications, whether in draft or final form, or between such documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then CMAR shall promptly report it to Owner’s Advisor in writing. CMAR shall not proceed with the Work affected thereby, except in an emergency as required by Paragraph 7.18, until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Owner’s EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 74 Advisor, in consultation with Engineer, and, if appropriate, an amendment or supplement to the Contract is issued by Owner’s Advisor pursuant to Paragraph 11.01. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Drawings and Specifications take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Drawings and Specifications and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier, whether or not specifically incorporated by reference as a Contract Document; or b. the provisions of any Laws or Regulations applicable to the performance of the Work, unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation. 3.04 Interpretation of the Contract Documents A. During the performance of the Work and until final payment, CMAR and Owner shall submit to the Owner’s Advisor in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation) or relating to the performance or acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. B. Owner’s Advisor will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, and if appropriate initiate a change to the Contract Documents. In determining its response, Owner’s Advisor will consider CMAR’s prior involvement and obligations with respect to reviewing and commenting on draft design documents during CMAR’s provision of CMAR Services. Owner’s Advisor’s written clarification, interpretation, or decision (1) will be based, when applicable, on consultation with Engineer, and (2) will be final and binding on CMAR, unless CMAR appeals by submitting a Change Proposal, and on Owner, unless Owner appeals by filing a Claim. 3.05 Reuse of Documents A. CMAR and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents, or copies of any thereof, prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes CMAR from retaining copies of the Contract Documents for record purposes. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 74 ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the Effective Date of the Contract, or as specified in Work Authorizations. 4.02 Starting the Work A. CMAR shall start to perform the Work promptly upon receipt of the first Work Authorization. No Work may be done at the Site prior to such authorization. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction. CMAR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. CMAR shall report to Owner’s Advisor whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and CMAR shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. CMAR shall adhere to the Progress Schedule established as part of Preconstruction Services, as it may be adjusted from time to time as provided below. 1. CMAR shall submit to Owner’s Advisor for its information proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. CMAR shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and CMAR may otherwise agree in writing. 4.05 Delays in CMAR’s Progress A. If Owner, Owner’s Advisor, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then CMAR shall be entitled to an equitable adjustment in Guaranteed Maximum Price or Contract Times. B. CMAR shall not be entitled to an adjustment in Guaranteed Maximum Price or Contract Times for delay, disruption, or interference caused by or within the control of CMAR. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier will be deemed to be within the control of CMAR. C. If CMAR’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, CMAR, and those for which they are responsible, then CMAR shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be CMAR’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph. Causes of delay, disruption, or interference that EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 74 may give rise to an adjustment in Contract Times under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities, other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8; and 4. Acts of war or terrorism. D. CMAR’s entitlement to an adjustment of Contract Times or Guaranteed Maximum Price is limited as follows: 1. CMAR’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. CMAR shall not be entitled to an adjustment in Guaranteed Maximum Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of CMAR. Such a concurrent delay by CMAR shall not preclude an adjustment of Contract Times to which CMAR is otherwise entitled. 3. Adjustments of Contract Times or Guaranteed Maximum Price are subject to the provisions of Article 11. E. Each CMAR request or Change Proposal seeking an increase in Contract Times or Guaranteed Maximum Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed because of each such cause of delay, disruption, or interference; and 5. The impact on Guaranteed Maximum Price, in accordance with the provisions of Paragraph 11.07. CMAR shall also furnish such additional supporting documentation as Owner or Owner’s Advisor may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 74 reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify CMAR in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. CMAR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CMAR shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that CMAR has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for CMAR’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the CMAR or those for which CMAR is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the CMAR or those for which CMAR is responsible, CMAR shall (a) take immediate corrective or remedial action as required by Paragraph 7.18, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 74 all costs, losses, and damages, including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Owner’s Advisor, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, CMAR’s performance of the Work, or because of other actions or conduct of the CMAR or those for which CMAR is responsible. B. Removal of Debris During Performance of the Work–During the progress of the Work the CMAR shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning—Prior to Substantial Completion of the Work CMAR shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work CMAR shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures—CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent structures or land to stresses or pressures that could damage said structures or decrease their durability. 5.03 Subsurface and Physical Conditions A. Reports and Drawings—The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site, except Underground Facilities, that contain Technical Data; and 3. Technical Data described in such reports and drawings. B. Underground Facilities—Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by CMAR on Technical Data—CMAR may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then CMAR may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.55.b. D. Limitations of Other Data and Documents—Except for such reliance on Technical Data, CMAR may not rely upon or make any claim against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 74 1. the completeness of such reports and drawings for CMAR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to CMAR, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. any CMAR interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E. Confirmation of Site Conditions—As a part of Preconstruction Services CMAR will inform Owner if CMAR concludes that additional examination, investigation, exploration, testing, or study (Supplemental Investigations) of subsurface or physical conditions at the Site prior to commencement of construction would be advantageous, practical, and cost-effective, specifically identifying the nature and scope of any such recommended Supplemental Investigations. If Owner authorizes CMAR to conduct such Supplemental Investigations, through CMAR’s own personnel or through a qualified consultant, or if Owner conducts such Supplemental Investigations, through Owner’s Advisor, the Engineer, or a consultant, then CMAR will be entitled to rely on the results of the Supplemental Investigations, together with the Technical Data cited above, in planning and pricing construction at the Site. F. If Owner does not authorize any Supplemental Investigations of Site conditions, then CMAR will proceed with planning and pricing construction based on the Technical Data made available to it. G. CMAR will be bound by any additional knowledge regarding Site conditions that CMAR gains while providing Preconstruction services. 5.04 Differing Subsurface or Physical Conditions A. Notice by CMAR–If CMAR believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data or Supplemental Investigations results on which CMAR is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith, except in an emergency as required by Paragraph 7.18, notify Owner’s Advisor in writing about such condition. CMAR shall not further disturb such condition or perform any Work in connection EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 74 therewith, except with respect to an emergency, until receipt of a written statement permitting CMAR to do so. B. Owner’s Advisor’s Review–After receipt of written notice as required by the preceding paragraph, Owner’s Advisor, in consultation with Engineer, will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from CMAR; prepare recommendations to Owner regarding the CMAR’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Owner’s Advisor’s findings, conclusions, and recommendations. C. Owner’s Statement to CMAR Regarding Site Condition–After receipt of Owner’s response and instructions regarding Owner’s Advisor’s written findings, conclusions, and recommendations, Owner’s Advisor will issue a written statement to CMAR regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and informing CMAR of Owner’s Advisor’s written findings, conclusions, and recommendations, as revised based on Owner’s response and instructions. D. Early Resumption of Work–If at any time Owner’s Advisor, in consultation with Engineer, determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Owner’s Advisor’s review or Owner’s Advisor’s issuance of its statement to CMAR, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then Owner’s Advisor may instruct CMAR to resume such Work. E. Possible Price and Times Adjustments 1. CMAR shall be entitled to an equitable adjustment in Guaranteed Maximum Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in CMAR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Guaranteed Maximum Price will be subject to the provisions of Paragraph 13.02; and c. CMAR’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. CMAR shall not be entitled to any adjustment in the Guaranteed Maximum Price or Contract Times with respect to a subsurface or physical condition if: a. CMAR knew of the existence of such condition at the time CMAR made a commitment to Owner with respect to Guaranteed Maximum Price and Contract Times through a Work Authorization; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 74 b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Proposal Documents or Contract Documents to be conducted by or for CMAR prior to CMAR’s making such commitment; c. The existence of such condition reasonably could have been discovered or revealed as a result of practical and cost-effective Supplemental Investigations, as defined in Paragraph 5.03.E, but CMAR did not recommend any such Supplemental Investigations to Owner; or d. CMAR failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and CMAR agree regarding CMAR’s entitlement to and the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. CMAR may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to CMAR regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions–Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. CMAR’s Responsibilities–Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all the following is included in the Guaranteed Maximum Price, and CMAR shall have full responsibility for: 1. collaborating with Engineer during the design phase, as part of Preconstruction Services, to improve the accuracy and completeness of information regarding Underground Facilities that Engineer gathers and depicts in the final Contract Documents; 2. complying with applicable state and local utility damage prevention Laws and Regulations; 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities prior to construction; 4. coordination of the Work with the owners, including Owner, of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site and repairing any damage thereto resulting from the Work. B. Notice by CMAR–If CMAR believes that an Underground Facility that is uncovered or revealed at the Site during construction was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 74 performing any Work in connection therewith, except in an emergency as required by Paragraph 7.18, notify Owner and Owner’s Advisor in writing regarding such Underground Facility. C. Owner’s Advisor’s Review 1. Owner’s Advisor will: a. promptly review the Underground Facility in consultation with Engineer, and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; b. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner, and if necessary, issue any preliminary instructions to CMAR regarding the CMAR’s resumption of Work in connection with the Underground Facility in question; c. obtain any pertinent cost or schedule information from CMAR; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and d. advise Owner and Engineer in writing of Owner’s Advisor’s findings, conclusions, and recommendations. During such time, CMAR shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Advisor’s Statement to CMAR Regarding Underground Facility–After receipt of Owner’s response to and recommendations regarding Owner’s Advisor’s written findings, conclusions, and recommendations, Owner’s Advisor will issue a written statement to CMAR regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and informing CMAR of Owner’s Advisor’s written findings, conclusions, and recommendations, as revised based on Owner’s response and instructions. E. Early Resumption of Work–If at any time Owner’s Advisor, in consultation with Engineer, determines that Work in connection with the Underground Facility may resume prior to completion of Owner’s Advisor’s review or Owner’s Advisor’s issuance of its statement to CMAR, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then Owner’s Advisor may instruct CMAR to resume such Work. F. Possible Price and Times Adjustments 1. CMAR shall be entitled to an equitable adjustment in the Guaranteed Maximum Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in CMAR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Guaranteed Maximum Price will be subject to the provisions of Paragraph 13.02; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 74 b. CMAR’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. CMAR gave the notice required in Paragraph 5.05.B. 2. If Owner and CMAR agree regarding CMAR’s entitlement to and the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. CMAR may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Guaranteed Maximum Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to CMAR regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE Manual 38, Standard Guideline for Investigating and Documenting Existing Utilities, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, CMAR’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings–The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data described in such reports and drawings. B. Reliance by CMAR on Technical Data Authorized–CMAR may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then CMAR may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.55.b. Except for such reliance on Technical Data, CMAR may not rely upon or make any claim against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for CMAR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 74 C. CMAR shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. CMAR shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by CMAR, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If CMAR encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if CMAR or anyone for whom CMAR is responsible creates a Hazardous Environmental Condition, then CMAR shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby, except in an emergency as required by Paragraph 7.18; and (3) notify Owner, Owner’s Advisor, and Engineer, and promptly thereafter confirm such notice in writing. Owner shall promptly consult with Owner’s Advisor and Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Owner’s Advisor and Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide CMAR with the written notice required by Paragraph 5.06.E. If CMAR or anyone for whom CMAR is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to account for the associated costs. F. CMAR shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to CMAR either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and CMAR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Guaranteed Maximum Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by CMAR, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, CMAR may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, CMAR does not agree to resume such Work based on a reasonable belief it is unsafe or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless CMAR, Subcontractors, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 74 them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs, arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by CMAR or by anyone for whom CMAR is responsible, or to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph 5.06.J obligates CMAR to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. No later than the execution of the first Work Authorization the CMAR shall furnish a performance bond and a payment bond, each in an amount at least equal to the Guaranteed Maximum Price, as security for the faithful performance and payment of CMAR’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment on the Contract becomes due or until completion of the correction period for the Contract specified in Paragraph 15.09, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. The premium costs of such bonds are: 1. included in Construction Support Cost if purchased for the Work based on the Estimated Guaranteed Maximum Price established with the Agreement; or 2. a reimbursable Cost of the Work if the bonds are purchased with the first Work Authorization and increased as subsequent Work Authorizations are approved. B. CMAR shall also furnish such other bonds, if any, as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Contract Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 74 Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570, as amended and supplemented by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. CMAR shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by CMAR is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then CMAR shall promptly notify Owner and Owner’s Advisor in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If CMAR has failed to obtain a required bond, Owner may exclude the CMAR from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to CMAR from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, CMAR shall provide a copy of the payment bond to such person or entity. I. Performance Bonds required of certain Subcontractors and Suppliers—see Paragraph 7.10.O. 6.02 Insurance—General Provisions A. Owner and CMAR shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or CMAR shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract must have an A.M. Best Financial Strength Rating of A- or better, and an A.M. Best Financial Size Category of VII or larger. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not adequate to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. CMAR shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that CMAR has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, CMAR shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self- EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 74 insured retentions, if allowed, and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, CMAR, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to CMAR, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract, if any. Upon request by CMAR or any other insured, Owner shall also provide other evidence of such required insurance, if any, including but not limited to copies of policies, documentation of applicable self-insured retentions, if allowed, and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or CMAR to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or CMAR to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain, and maintain such insurance. G. In addition to the liability insurance required to be provided by CMAR, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by CMAR, and CMAR cannot rely upon Owner’s liability policies for any of CMAR’s obligations to the Owner, Owner’s Advisor, Engineer, or third parties. H. CMAR shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner, Owner’s Advisor and Engineer, and any other individuals or entities identified in the Supplementary Conditions as additional insureds on CMAR’s liability policies, on each Subcontractor’s commercial general liability policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any cancellation of the required coverage. J. If CMAR has failed to obtain and maintain required insurance, CMAR’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs, including but not limited to the cost of purchasing necessary insurance coverage, and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect, but is in no way obligated, to obtain equivalent EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 74 insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect CMAR or CMAR’s interests. CMAR is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that CMAR deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on CMAR’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder must provide a copy of the notice to Owner’s Advisor and each other insured. 6.03 CMAR’s Insurance A. Required Insurance–CMAR shall purchase and maintain worker’s compensation, commercial general liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions–The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete, as set forth in Paragraph 15.07.D, and longer if expressly required elsewhere in this Contract, and at all times thereafter when CMAR may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by CMAR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds–The CMAR’s commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner, Owner’s Advisor, and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 74 3. afford primary coverage to these additional insureds for all claims covered thereby, including as applicable those arising from both ongoing and completed operations; 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by CMAR’s acts or omissions, or the acts and omissions of those working on CMAR’s behalf, in the performance of CMAR’s operations. 6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk–Unless otherwise provided in the Supplementary Conditions, beginning at the commencement of construction CMAR shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost, subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations. The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. For purposes of the builder’s risk and other required property insurance, “commencement of construction” first occurs when materials are in the course of delivery to the Site or an off- site storage location required to be insured if transit coverage is required, or if transit coverage is not required, when materials are delivered to the Site, or an off-site storage location required to be insured. B. Property Insurance for Facilities of Owner Where Work Will Occur–Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.07.D. C. Property Insurance for Substantially Complete Facilities–Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.07.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. D. Partial Occupancy or Use by Owner–If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.05, then Owner, directly, if it is the purchaser of the builder’s risk policy, or through CMAR, will provide advance notice of such occupancy or use to the builder’s risk insurer and obtain coverage or an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance–If the express insurance provisions of the Contract do not require or address the insurance of a property Item or interest, then the entity or individual owning such property Item will be responsible for insuring it. If CMAR EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 74 elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, CMAR may do so at its expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04, or an installation floater policy if authorized by the Supplementary Conditions, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Owner’s Advisor, Engineer, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and CMAR waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner’s Advisor, Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or CMAR as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.05, after Substantial Completion pursuant to Paragraph 15.04, or after final payment pursuant to Paragraph 15.07, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against CMAR, Subcontractors, Owner’s Advisor, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. C. Owner waives all rights against CMAR, Subcontractors, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 74 D. CMAR shall assure that each subcontract contains provisions whereby the Subcontractor waives all rights against Owner, CMAR, Owner’s Advisor, Engineer, all individuals or entities identified in the Supplementary Conditions as insureds, their consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured will act as fiduciary for the other insureds and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 must maintain such proceeds in a segregated account and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, CMAR shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CMAR’S RESPONSIBILITIES 7.01 CMAR’s Means and Methods of Construction A. CMAR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or CMAR determines, that professional engineering or other design services are needed to carry out CMAR’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then CMAR shall cause such services to be provided by a properly licensed design professional, at CMAR’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner, Owner’s Advisor, nor Engineer has any responsibility with respect to (1) CMAR’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by CMAR, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 74 B. At all times during the progress of the Work, CMAR shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Owner’s Advisor except under extraordinary circumstances. 7.03 CMAR Services—Key Personnel and Subconsultants A. CMAR will provide the services of the key individuals identified in the Agreement for CMAR Services (Preconstruction Services and Procurement Services) for the duration of the time required to provide these services. CMAR may substitute other individuals for the key individuals identified in the Agreement or for individuals previously approved only upon good cause and with the written consent of the Owner. Subject to the foregoing, not providing the individuals proposed may be the grounds for termination of this Contract. B. CMAR may provide CMAR Services through one or more subconsultants under contract to CMAR provided, however, that CMAR remains responsible to the Owner for all duties and obligations of the CMAR under this Contract, and in rendering services any such subconsultant must comply with all applicable terms and conditions of the Contract Documents. If the Agreement identifies a specific subconsultant, CMAR will provide the services of such subconsultant for the duration of the time required to complete the subcontracted tasks. CMAR may substitute other subconsultants for the subconsultants identified in the Agreement or previously approved only with the written consent of the Owner. Subject to the foregoing, not providing the subconsultants proposed may be the grounds for termination of this Contract. 7.04 Quality of CMAR Services A. The Owner’s Advisor, with the concurrence of Owner and Engineer, has the right to reject or disapprove any substandard portion of the CMAR Services. Owner’s Advisor will provide written notice stating the reason for the rejection or disapproval. CMAR will revise the services in question to address the inadequacies identified by Owner’s Advisor. B. CMAR acknowledges that any review or approval of CMAR Services by the Owner or Owner’s Advisor does not relieve CMAR of its responsibility to properly and timely perform such services. 7.05 Continuation or Termination of CMAR Services A. Owner may terminate this Contract for Owner’s convenience at the completion of Preconstruction Services if Owner determines that doing so is in Owner’s best interest. Owner is not obligated to cite a reason for such a termination, but in making its determination Owner may wish to consider factors such as the quality of the CMAR Services, facts that indicate that the Project cannot be constructed for a cost within the Owner’s budget, and changes in key personnel. B. The Owner may terminate the Contract for Owner’s convenience at the end of Procurement Services if Owner determines that doing so is in Owner’s best interest. Owner is not obligated to cite a reason for such a termination, but in making its determination Owner may wish to consider factors such as whether CMAR is unable to offer a Guaranteed Maximum Price within the Owner’s Construction Budget, or whether it will be advantageous to bid out the Work as a whole on a stipulated price basis. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 74 7.06 Labor; Working Hours A. CMAR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CMAR shall maintain good discipline and order at the Site. B. CMAR shall provide or furnish: 1. Construction-related services as described in Division 00 and Division 01 of the Contract Documents; 2. Post-construction services as described in Division 00 and Division 01 of the Contract Documents; and 3. All other construction-related and post-construction services described in the Contract Documents. C. CMAR shall be fully responsible to Owner, Owner’s Advisor, and Engineer for all acts and omissions of CMAR’s employees; of subconsultants, Suppliers, and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the CMAR Services or the Work, just as CMAR is responsible for CMAR’s own acts and omissions. D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. CMAR will not perform Work on a Saturday, Sunday, or legal holiday. CMAR may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.07 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Owner’s Advisor, the CMAR shall furnish satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. CMAR will be fully responsible for the quality and effectiveness (1) of all services performed or provided by CMAR, including but not limited to CMAR Services and general services in support of construction, and (2) of the deliverables and documentation associated with all such services. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 74 7.08 “Or Equals” A. CMAR’s Request; Governing Criteria–Whenever an Item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Guaranteed Maximum Price has been based upon CMAR furnishing such Item as specified. The specification or description of such an Item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” Item is permitted, CMAR may request that Owner’s Advisor authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Owner’s Advisor, in consultation with Engineer, determines that an Item of equipment or material proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Owner’s Advisor will deem it an “or equal” item. For the purposes of this paragraph, a proposed Item of equipment or material will be considered functionally equal to an Item so named if: a. in the exercise of reasonable judgment Owner’s Advisor, in consultation with Engineer, determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. CMAR certifies that if the proposed Item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the Item will conform substantially to the detailed requirements of the Item named in the Contract Documents. B. CMAR’s Expense–CMAR shall provide all data in support of any proposed “or equal” Item at CMAR’s expense. C. Owner’s Advisor’s Evaluation and Determination–Owner’s Advisor, in consultation with Engineer, will be allowed a reasonable time to evaluate each “or-equal” request. Owner’s Advisor may require CMAR to furnish additional data about the proposed “or-equal” item. Owner’s Advisor, in consultation with Engineer, will be the sole judge of acceptability. No “or-equal” Item will be ordered, furnished, installed, or utilized until Owner’s Advisor’s review is complete and Owner’s Advisor, in consultation with Engineer, has determined that the proposed Item is equal, which will be evidenced by an approved Shop Drawing or other written communication. Owner’s Advisor will advise CMAR in writing of any negative determination. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 74 D. Effect of Owner’s Advisor’s Determination–Neither approval nor denial of an “or-equal” request will result in any change in Guaranteed Maximum Price. The Owner’s Advisor’s denial of an “or-equal” request will be final and binding and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request–If Owner’s Advisor determines that an Item of equipment or material proposed by CMAR does not qualify as an “or-equal” item, CMAR may request that Owner’s Advisor consider the Item a proposed substitute pursuant to Paragraph 7.09. 7.09 Substitutes A. CMAR’s Request; Governing Criteria–Unless the specification or description of an Item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, CMAR may request that Owner’s Advisor authorize the use of other items of equipment or material under the circumstances described below. B. To the extent possible such requests must be made as part of Preconstruction Services, before the completion of the applicable portion of the design, the Procurement of Subcontractors, construction pricing, and execution of the governing Work Authorization (Preconstruction Substitute Requests). Preconstruction Substitute Requests are further addressed in Paragraph 7.09.E below; substitute requests made after the applicable Work Authorization are addressed in Paragraph 7.09.F. C. The following provisions apply to all substitute requests: 1. CMAR shall submit adequate information as provided below to allow Owner’s Advisor, in consultation with Engineer, to determine if the Item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Owner’s Advisor will not accept requests for review of proposed substitute items of equipment or material from anyone other than CMAR. 2. The requirements for review by Owner’s Advisor, in consultation with Engineer, will be as set forth in Paragraph 7.09.D, as supplemented by the Specifications, and as Owner’s Advisor may decide is appropriate under the circumstances. 3. CMAR shall make written application to Owner’s Advisor for review of a proposed substitute Item of equipment or material that CMAR seeks to furnish or use. The application: a. will certify that the proposed substitute Item will: 1) adequately perform the functions and achieve the results called for by the general design; 2) be similar in substance to the Item specified; and 3) be suited to the same use as the Item specified. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 74 b. will state: 1) the extent, if any, to which the use of the proposed substitute Item will necessitate a change in Contract Times; 2) whether use of the proposed substitute Item in the Work will require a change in any of the Contract Documents, or in the provisions of any other direct contract with Owner for other work on the Project, to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute Item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute Item from the Item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain, to the extent applicable, an itemized estimate of all costs, anticipated price impacts, or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Guaranteed Maximum Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. D. Owner’s Advisor’s Evaluation and Determination–Owner’s Advisor, in consultation with Engineer, will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Owner’s Advisor may require CMAR to furnish additional data about the proposed substitute item. Owner’s Advisor, in consultation with Engineer, will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Owner’s Advisor’s review is complete and Owner’s Advisor determines that the proposed Item is an acceptable substitute. E. Preconstruction Substitute Requests—CMAR will research potential substitutes, furnish data, and prepare a Preconstruction Substitute Request as compensable Basic Preconstruction Services. CMAR will not be responsible for costs incurred by Owner, Owner’s Advisor, or Engineer in response to a Preconstruction Substitute Request. If such a request is approved, CMAR will not be required to issue a special guarantee with respect to the substitute’s inclusion in the final design. F. For substitute requests made after a Work Authorization, or in an untimely manner such that the substitution cannot be made part of the final design on which binding construction pricing is based, the following apply: 1. Owner’s Advisor’s determination will be evidenced by a Field Order, or a proposed Change Order issued by the Owner’s Advisor accounting for the substitute itself and all related impacts, including changes in Guaranteed Maximum Price or Contract Times. Owner’s Advisor will advise CMAR in writing of any negative determination. 2. Special Guarantee –Owner’s Advisor may require CMAR to furnish at CMAR’s expense a special performance guarantee or other surety with respect to the substitute. 3. Reimbursement of Review Cost–Owner’s Advisor and Engineer will record their costs in evaluating the substitute proposed or submitted by CMAR. Whether or not Owner’s Advisor approves a substitute so proposed or submitted by CMAR, CMAR shall EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 74 reimburse Owner for the reasonable charges of Owner’s Advisor and Engineer for evaluating each such proposed substitute. CMAR shall also reimburse Owner for the reasonable charges of Owner’s Advisor and Engineer for making changes in the Contract Documents, or in the provisions of any other direct contract with Owner resulting from the acceptance of each proposed substitute. 4. CMAR’s Expense–CMAR shall provide all data in support of any proposed substitute at CMAR’s expense. 5. Effect of Owner’s Advisor’s Determination–If Owner’s Advisor approves the substitute request, CMAR shall execute a Change Order and proceed with the substitute. The Owner’s Advisor’s denial of a substitution request will be final and binding and may not be reversed through an appeal under any provision of the Contract. CMAR may challenge the scope of reimbursement costs imposed under Paragraph 7.09.F.3, by timely submittal of a Change Proposal. 7.10 Concerning Subcontractors and Suppliers A. CMAR may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The CMAR’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve CMAR’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. CMAR shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. As a general matter, CMAR shall retain Subcontractors and Suppliers for Work Packages through the procurement process described in the Agreement, including but not limited to the Procurement Strategy Plan and Exhibit A Article 3 of the Agreement. If there is a conflict between such provisions of the Agreement and this paragraph, the provisions of the Agreement will govern. D. Subsequent to the submittal of CMAR’s Proposal or final negotiation of the terms of the Contract, Owner may not require CMAR to retain any Subcontractor or Supplier against which CMAR has reasonable objection to furnish or perform any of the Work. E. Prior to entry into any binding subcontract or purchase order, CMAR shall submit to Owner the identity of the proposed Subcontractor or Supplier, unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the CMAR selection process, the Subcontractor and Supplier procurement process, or otherwise. Such proposed Subcontractor or Supplier will be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. F. Owner may require the replacement of a Subcontractor or Supplier. Owner also may require CMAR to retain specific replacements; provided, however, that Owner may not require a replacement to which CMAR has a reasonable objection. If CMAR has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, through the Subcontractor and Supplier procurement process or otherwise, and Owner has accepted it, either in writing or by failing to make written objection thereto, then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 74 substantive, reasonable objection after due investigation. CMAR shall submit an acceptable replacement for the rejected Subcontractor or Supplier. G. If Owner requires the replacement of any Subcontractor or Supplier retained by CMAR to perform any part of the Work, then CMAR shall be entitled to an adjustment in Guaranteed Maximum Price or Contract Times, with respect to the replacement; and CMAR shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. H. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. I. On a monthly basis, CMAR shall submit to Owner’s Advisor a complete list of all Subcontractors and Suppliers having a direct contract with CMAR, and of all other Subcontractors and Suppliers known to CMAR at the time of submittal. J. CMAR shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. K. The divisions and sections of the Specifications and the identifications of any Drawings do not control CMAR in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. L. All Work performed for CMAR by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner, Owner’s Advisor, and Engineer. M. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to CMAR for Work performed for CMAR by the Subcontractor or Supplier. N. CMAR shall restrict all Subcontractors and Suppliers from communicating with Owner’s Advisor or Owner, except through CMAR or in case of an emergency, or as otherwise expressly allowed in this Contract. O. CMAR will perform or undertake the responsibilities of any Subcontractor or Supplier that defaults, fails to perform, declares bankruptcy, or meets any of the other requirements for termination for cause listed as applying to the CMAR as described in Paragraph 16.02 of the General Conditions. 1. If, for a specific Subcontractor or Supplier, CMAR determines that CMAR would not reasonably be able to self-perform the Subcontractor’s work or meet the Supplier’s obligations in the event of the Subcontractor or Supplier default, then CMAR may require a subcontract/supplier performance bond, the costs of which will be reimbursed as a Cost of the Work under the Subcontract costs category (Paragraph 6.02, Agreement). Before requiring such a bond, CMAR will consult with Owner’s Advisor and consider whether other protective measures are feasible and more cost-effective. 2. If Owner requires that CMAR enter into a subcontract with a Subcontractor to which the CMAR has reasonable objections, CMAR may require subcontract performance and payment bonds, the costs of which will be reimbursed as a Cost of the Work under the Subcontract costs category (Paragraph 6.02, Agreement). EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 74 7.11 Patent Fees and Royalties A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner, Owner’s Advisor, or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, then the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless CMAR, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs, arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.12 Permits A. Unless otherwise provided in the Contract Documents, CMAR shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist CMAR, when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of CMAR’s Proposal. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.13 Taxes A. CMAR shall pay all sales, consumer, use, and other similar taxes required to be paid by CMAR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.14 Laws and Regulations A. CMAR shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of CMAR Services or the Work. Neither Owner, Owner’s EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 74 Advisor, nor Engineer will be responsible for monitoring CMAR’s compliance with Laws or Regulations. B. If CMAR performs any CMAR Services or Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, CMAR shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to such CMAR Services, Work, or other action. C. It is not CMAR’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve CMAR of its obligations under Paragraph 3.03. D. Owner or CMAR may give written notice to the other party of any changes after the Effective Date of the Contract in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and CMAR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Guaranteed Maximum Price or Contract Times resulting from such changes, then within 30 days of such written notice CMAR may submit a Change Proposal, or Owner may initiate a Claim. 7.15 Record Documents A. CMAR shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, Contract Amendments, Work Packages, Work Authorizations, written interpretations and clarifications, and approved Shop Drawings. CMAR shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Owner’s Advisor and Engineer for reference. Upon completion of the Work, CMAR shall deliver these record documents to Owner’s Advisor. 7.16 Safety and Protection A. CMAR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. CMAR shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 74 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.16.C.2 or 7.16.C.3 caused, directly or indirectly, in whole or in part, by CMAR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, will be remedied by CMAR at its expense, except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner, Owner’s Advisor, or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CMAR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them. E. CMAR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. CMAR shall notify Owner’s Advisor; Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities, if the identity of such owners is known to CMAR; and other contractors and utility owners performing work at or adjacent to the Site, in writing, when CMAR knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. CMAR shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. CMAR shall inform Owner, Owner’s Advisor, and Engineer of the specific requirements of CMAR’s safety program with which Owner’s, Owner’s Advisor’s, and Engineer’s employees and representatives must comply while at the Site. I. CMAR’s duties and responsibilities for safety and protection will continue until all the Work is completed, Owner’s Advisor has issued a written notice to Owner and CMAR in accordance with Paragraph 15.07.C that the Work is acceptable, and CMAR has left the Site, except as otherwise expressly provided in connection with Substantial Completion. J. CMAR’s duties and responsibilities for safety and protection will resume whenever CMAR or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.17 Hazard Communication Programs A. CMAR shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 74 7.18 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent damage, injury, or loss. CMAR shall give Owner’s Advisor prompt written notice if CMAR believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency or are required as a result of CMAR’s response to an emergency. If Owner’s Advisor, in consultation with Engineer, determines that a change in the Contract Documents is required because of an emergency or CMAR’s response, a Work Change Directive or Change Order will be issued. 7.19 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, CMAR shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to CMAR’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that CMAR has satisfied CMAR’s obligations under the Contract Documents with respect to CMAR’s review of that Submittal, and that CMAR approves the Submittal. 3. With each Shop Drawing or Sample, CMAR shall give Owner’s Advisor specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 74 B. Submittal Procedures for Shop Drawings and Samples–CMAR shall label and submit Shop Drawings and Samples to Owner’s Advisor for review by Engineer in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. CMAR shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the services, materials, and equipment CMAR proposes to provide, and to enable the information to be reviewed for the limited purposes required by Paragraph 7.19.D. 2. Samples a. CMAR shall submit the number of Samples required in the Specifications. b. CMAR shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Owner’s Advisor may require to enable Engineer to review the Sample for the limited purposes required by Paragraph 7.19.D. C. Proceeding without Engineer’s Approval—Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, Owner will not pay for related Work, including equipment or materials, until Engineer approves the Shop Drawing or Sample. If CMAR proceeds without such approval, CMAR will bear the full risk of all resulting delays, costs, and losses, including but not limited to removal, corrective, purchase, and installation costs, if such approval is not granted. D. Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval, if any, will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval, if any, of a separate Item as such will not indicate approval of the assembly in which the Item functions. 4. Engineer’s review and approval, if any, of a Shop Drawing or Sample will not relieve CMAR from responsibility for any variation from the requirements of the Contract Documents unless CMAR has complied with the requirements of Paragraph 7.19.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Owner’s Advisor, in consultation with Engineer, will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 74 5. Engineer’s review and approval, if any, of a Shop Drawing or Sample will not relieve CMAR from responsibility for complying with the requirements of Paragraphs 7.19.A and B. 6. Engineer’s review and approval, if any, of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Guaranteed Maximum Price, unless such changes are included in a Change Order. 7. Neither receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such Item becoming a Contract Document. 8. CMAR shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.19.D.4. E. Resubmittal Procedures for Shop Drawings and Samples 1. CMAR shall make required corrections and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. CMAR shall direct specific attention in writing to revisions other than the corrections called for on previous Submittals. 2. CMAR shall furnish required Shop Drawing and Sample submittals with adequate information and accuracy to obtain required approval of an Item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and CMAR shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due CMAR to secure reimbursement for such charges. 3. If CMAR requests a change of a previously approved Shop Drawing or Sample, CMAR shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due CMAR to secure reimbursement for such charges, unless the need for such change is beyond the control of CMAR. F. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. CMAR shall submit all such Submittals to Owner’s Advisor in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. A timely review will be made of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 74 d. If any such Submittal is not accepted, CMAR shall confer with Owner’s Advisor regarding the reason for the non-acceptance and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 4.04, 7.19, and 15.02. G. Owner-delegated Designs–Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.22. 7.20 CMAR’s General Warranty and Guarantee A. CMAR warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Owner’s Advisor and Engineer are entitled to rely on CMAR’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.09. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.20 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.09: 1. Owner shall give CMAR written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. CMAR’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than CMAR, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is responsible; or 2. normal wear and tear under normal usage. D. CMAR shall perform or provide CMAR Services in accordance with the Contract Documents and good construction management practice. E. CMAR’s obligation to perform and complete the CMAR Services and the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of CMAR Services or Work that is not in accordance with the Contract Documents, a release of CMAR’s obligation to perform the CMAR Services or Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.20: 1. Observations by Owner’s Advisor or Engineer; 2. Recommendation by Owner’s Advisor or payment by Owner of any progress or final payment; 3. The acceptance of CMAR Services without objection; 4. The issuance of a certificate of Substantial Completion by Owner’s Advisor or any payment related thereto by Owner; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 74 5. Use or occupancy of the Work or any part thereof by Owner; 6. Any review and approval of a Shop Drawing or Sample submittal; 7. The issuance of a notice of acceptability by Owner’s Advisor; 8. The end of the correction period established in Paragraph 15.09; 9. Any inspection, test, or approval by others; or 10. Any correction of defective Work by Owner. F. If the Contract requires CMAR to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to CMAR’s performance obligations to Owner for the Work described in the assigned contract. 7.21 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of CMAR under the Contract or otherwise, CMAR shall indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments, including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs, arising from third-party claims or actions relating to or resulting from the performance or furnishing of CMAR Services or the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property, other than the Work itself, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of CMAR, any Subcontractor, any Supplier, subconsultant, or any individual or entity directly or indirectly employed by any of them to perform any of the CMAR Services or Work, or anyone for whose acts any of them may be liable. B. In claims against Owner, Owner’s Advisor, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any CMAR employee, or the survivor or personal representative of such employee, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.21.A will not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for CMAR or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.22 Delegation of Professional Design Services A. Owner may require CMAR to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that CMAR must furnish to Owner’s Advisor with respect to the Owner-delegated design. B. CMAR shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 74 certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by CMAR, a Subcontractor, or others for submittal to Owner’s Advisor, then such Shop Drawing or other Submittal must bear the written approval of CMAR’s design professional when submitted by CMAR to Owner’s Advisor. D. Owner, Owner’s Advisor, and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by CMAR under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, Engineer’s review, approval, and determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by CMAR pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that CMAR, through its design professionals, has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by CMAR is consistent with the design concept expressed in the Contract Documents. F. CMAR shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. CMAR is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give CMAR written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to CMAR. C. CMAR shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 74 D. CMAR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others' work with the written consent of Owner’s Advisor and the others whose work will be affected. E. If the proper execution or results of any part of CMAR’s Work depends upon work performed by others, CMAR shall inspect such other work and promptly report to Owner’s Advisor in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR’s Work. CMAR’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CMAR’s Work except for latent defects and deficiencies in such other work. F. The provisions of this Article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by CMAR is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to CMAR prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of CMAR or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then CMAR shall be entitled to an equitable adjustment in the Guaranteed Maximum Price or the Contract Times. CMAR must submit any Change Proposal seeking an equitable adjustment in the Guaranteed Maximum Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will consider information, if any regarding such other work that was provided to CMAR in the Contract Documents prior to the submittal of the Proposal or the final negotiation of the terms of the Contract, and any remedies available to CMAR under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 74 adjustment in Guaranteed Maximum Price will be conditioned on CMAR assigning to Owner all CMAR’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. CMAR’s entitlement to an adjustment of the Contract Times or Guaranteed Maximum Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. CMAR shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If CMAR fails to take such measures, and as a result, damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due CMAR, and assign to such other contractor or utility owner the Owner’s contractual rights against CMAR with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, CMAR shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of CMAR’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due CMAR. C. If CMAR damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through CMAR’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CMAR’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against CMAR, Owner, Owner’s Advisor, or Engineer, then CMAR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner, Owner’s Advisor, and Engineer, and their officers, directors, members, partners, employees, agents, consultants and subcontractors from and against any such claims, and against all costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to CMAR A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to CMAR through Owner’s Advisor. 9.02 Replacement of Owner’s Advisor or Engineer A. Owner may at its discretion appoint a replacement for Owner’s Advisor, provided CMAR makes no reasonable objection to the replacement. The replacement’s status under the Contract Documents will be that of the former Owner’s Advisor. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 74 B. Owner may at its discretion appoint an engineer to replace Engineer, provided CMAR makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay CMAR A. Owner shall make payments to CMAR when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to CMAR copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Owner’s Tasks in Support of CMAR Services A. Owner shall provide CMAR with all criteria and full information as to Owner’s requirements for the Project including drafts of proposed Contract Documents, general schedules and completion requirements, reports, surveys, permits, record documents from related previous projects, and other information as required for CMAR to provide services. Owner shall be responsible for, and CMAR may rely upon, the accuracy and completeness of all such criteria and information, and of any other programs, instructions, data, and other information furnished by Owner to CMAR pursuant to this Agreement. CMAR may use such criteria and information in performing or furnishing CMAR Services. B. Owner shall provide reasonable assistance to CMAR in securing the release of documents and information held by private entities and by public agencies as needed to provide services required by this Agreement. C. Owner shall arrange for safe access to and make all provisions for CMAR to enter upon public and private property as required for CMAR to perform services. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 74 D. Owner shall review documents presented by CMAR, make decisions, and carry out Owner’s other responsibilities in a timely manner so as not to delay the CMAR’s performance of its services. E. Owner shall provide the services of attorneys, insurance consultants, financial advisors, and other professional advisors or consultants required for the Project, but not provided by the CMAR. 1. Advise CMAR of the identity and scope of services of any independent consultant, designer, contractor, or other construction manager employed by Owner to perform or furnish services in regard to the Project, including cost estimating, project peer reviews, value engineering, and constructability reviews. 2. Define and set forth the duties, responsibilities, and limitations of authority of these other parties as they relate to the duties, responsibilities, and authority of CMAR. F. Owner is not responsible for discovering deficiencies in the CMAR’s Services. CMAR will correct any deficiencies without additional compensation, except to the extent this corrective action is directly attributable to deficiencies in Owner-furnished information. 9.10 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for CMAR’s failure to perform the Work in accordance with the Contract Documents. 9.11 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.12 Evidence of Financial Arrangements A. Upon request of CMAR, Owner shall furnish CMAR reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract, including obligations under proposed changes in the Work. 9.13 Safety Programs A. While at the Site, Owner’s employees and representatives will comply with the specific applicable requirements of CMAR’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to CMAR. ARTICLE 10—STATUS OF OWNER’S ADVISOR AND ENGINEER DURING CONSTRUCTION 10.01 Owner’s Advisor A. Owner’s Advisor will be Owner’s representative during the construction period. B. The general duties, responsibilities, and the limitations of authority of Owner’s Advisor and Engineer during construction are set forth below. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 74 10.02 Visits to Site A. Owner’s Advisor will either be based at the Site or make visits to the Site on a regular basis. Owner’s Advisor will observe the Work; check the quality, quantity, and progress of the Work; implement Owner's quality assurance program; and administer the Contract as Owner's representative. B. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of CMAR’s executed Work. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer will report to Owner’s Advisor regarding information obtained during such Site visits and observations. C. Owner’s Advisor’s and Engineer’s visits and observations are subject to all the limitations on Owner’s Advisor’s and Engineer’s authority and responsibility set forth in Paragraph 10.05. Particularly, but without limitation, during or as a result of Owner’s Advisor’s and Engineer’s visits or observations of CMAR’s Work, neither Owner’s Advisor nor Engineer will supervise, direct, control, or have authority over or be responsible for CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Determinations for Unit Price Work A. Owner’s Advisor will determine the actual quantities and classifications of Unit Price Work performed or furnished by CMAR as set forth in Paragraph 13.02. 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work; Exercise of Authority A. Owner’s Advisor will render decisions regarding the requirements of the Contract Documents, and judge the quality and acceptability of the Work, pursuant to the specific procedures set forth herein for interpretations, Change Proposals, Applications for Payment, and acceptance of the Work. 1. Before rendering such decisions or judgments, and before exercising its authority with respect to differing subsurface or physical conditions, Underground Facilities, “or equal” and substitute requests, emergencies, Field Orders, and similar matters, Owner’s Advisor will consult with Engineer as to all matters in question involving (a) the design, as set forth in the Drawings, Specifications, or otherwise, (b) the quality or acceptability of the Work under the Contract Documents, or (c) other engineering matters. 2. With respect to such matters, Owner’s Advisor’s decisions and judgments as rendered will be in accord with Engineer’s professional analysis, opinions, recommendations, and conclusions. B. In rendering such decisions and judgments, exercising such authority, or providing professional analysis, opinions, recommendations, or conclusions underlying such decisions and judgments, neither Owner’s Advisor nor Engineer will show partiality to Owner or CMAR, and neither Owner’s Advisor nor Engineer will be liable to Owner, CMAR, or others in EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 74 connection with any proceedings, interpretations, analysis, opinions, recommendations, conclusions, decisions, or judgments conducted or rendered in good faith. C. Owner’s Advisor may at any time request that CMAR furnish proposed changes to Guaranteed Maximum Price and Contract Times that would result from specified proposed changes to the Contract Documents. 10.05 Limitations on Owner’s Advisor’s and Engineer’s Authority and Responsibilities A. Neither Owner’s Advisor’s nor Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Owner’s Advisor or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Owner’s Advisor or Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Owner’s Advisor or Engineer to CMAR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Neither Owner’s Advisor nor Engineer will supervise, direct, control, or have authority over or be responsible for CMAR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. Neither Owner’s Advisor nor Engineer will be responsible for CMAR’s failure to perform the Work in accordance with the Contract Documents. C. Neither Owner’s Advisor nor Engineer will be responsible for the acts or omissions of CMAR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Owner’s Advisor’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by CMAR under Paragraph 15.07.A, will only be to determine generally that their content complies with the requirements of the Contract Documents, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. 10.06 Compliance with Safety Program A. While at the Site, Owner’s Advisor’s and Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and CMAR’s safety programs of which Owner’s Advisor and Engineer have been informed. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Contract Amendment, Work Authorization, Change Order, Work Change Directive, or Field Order. B. A Work Authorization, as more fully defined in Paragraph 1.01, is used to authorize specified Work, and establish related compensation. Change Orders, Work Change Directives, and Field Orders are used to modify a Work Authorization, including but not limited to EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 74 modifications of the authorized Work and changes to the Guaranteed Maximum Price and Contract Times associated with the Work Authorization. If a modification under a Work Authorization includes a change in the Guaranteed Maximum Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. A Contract Amendment, as more fully defined in Paragraph 1.01, is used for general contract modification purposes. D. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design, as set forth in the Drawings, Specifications, or otherwise, or (3) other engineering matters, must be supported by Engineer’s recommendation. Owner and CMAR may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. With respect to a governing Work Authorization, Owner and CMAR shall execute appropriate Change Orders covering: 1. Changes in Guaranteed Maximum Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work performed in accordance with a Work Change Directive; 2. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design, as set forth in the Drawings, Specifications, or otherwise, or other engineering matters; and 3. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Paragraph 13.02.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or CMAR refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. C. Owner and CMAR will enter into either a Change Order, if related to a specific Work Authorization, or a Contract Amendment with respect to the following: 1. Changes in Guaranteed Maximum Price resulting from an Owner set-off, unless CMAR has duly contested such set-off; 2. Changes that embody the substance of any final and binding results under Article 12, Claims; Paragraph 13.01, final adjustments resulting from allowances; and similar provisions. 11.03 Work Change Directives A. A Work Change Directive will not change the Guaranteed Maximum Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 74 by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Guaranteed Maximum Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Guaranteed Maximum Price. B. If Owner has issued a Work Change Directive and: 1. CMAR believes that an adjustment in Contract Times or Guaranteed Maximum Price is necessary, then CMAR shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Guaranteed Maximum Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Owner’s Advisor, in consultation with Engineer, may authorize minor changes in the Work if the changes do not involve an adjustment in the Guaranteed Maximum Price or the Contract Times. Such changes will be accomplished by a Field Order and will be binding on Owner and on CMAR, which shall perform the Work involved promptly. B. If CMAR believes that a Field Order justifies an adjustment in the Guaranteed Maximum Price or Contract Times, then before proceeding with the Work at issue, CMAR shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design, as set forth in the Drawings, Specifications, or otherwise, or other engineering matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and CMAR have agreed as to the effect, if any, of the changes on Contract Times or Guaranteed Maximum Price; or by a Work Change Directive. Upon receipt of any such document, CMAR shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates CMAR to undertake work that CMAR reasonably concludes cannot be performed in a manner consistent with CMAR’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. CMAR shall not be entitled to an increase in the Guaranteed Maximum Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.18 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 74 11.07 Change of Contract Price A. The Contract Price may be changed by a Work Authorization, Change Order, or Contract Amendment. Any Change Proposal for an adjustment in the Guaranteed Maximum Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Guaranteed Maximum Price with respect to the Work will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved; 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum; or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work determined in accordance with the Cost of the Work provisions in the Agreement, plus the CMAR Fee, applied proportionally, for overhead and profit determined in accordance with the terms in the Agreement. 11.08 Change of Contract Times A. The Contract Times may be changed by a Work Authorization, Change Order, or Contract Amendment. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content—CMAR shall submit a Change Proposal to Owner’s Advisor to request an adjustment in the Contract Times or Guaranteed Maximum Price; contest a decision by Owner’s Advisor concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Guaranteed Maximum Price, or other proposed relief; identify any governing Work Authorization; indicate CMAR’s recommendation for the correct means of amending the Contract (Work Authorization, Change Order, or Contract Amendment) if the proposed change is accepted; and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Determination of Changes in Guaranteed Maximum Price for Work—If a Change Order under a Work Authorization entails a change in Guaranteed Maximum Price, then: 1. The change will include the applicable increase or decrease in Cost of the Work, pursuant to the provisions Article 6 of the Agreement. 2. The CMAR Fee for changes will be those agreed to Article 7 of the Agreement. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 74 3. If there is a Guaranteed Maximum Price, it will increase or decrease in an amount equal to the increase or decrease in the Cost of the Work and CMAR Fee, as duly determined. 4. The amount of any increases or decreases in the CMAR Fee, or in Guaranteed Maximum Price, will be set forth in the applicable Change Order. C. Change Proposal Procedures 1. Submittal—CMAR shall submit each Change Proposal to Owner’s Advisor within 30 days after the start of the event giving rise thereto, or after such decision. 2. Supporting Data—The CMAR shall submit supporting data, including the proposed change in Guaranteed Maximum Price or Contract Time, if any, to the Owner’s Advisor within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change Proposals related to a change of Guaranteed Maximum Price based on Cost of the Work must include full and detailed account of eligible costs, such as materials incorporated into the Work, labor and equipment used for the subject Work, and Subcontract costs. The supporting data must be accompanied by a written statement that the supporting data is accurate and complete, and that any requested time or price adjustment is the entire adjustment to which CMAR believes it is entitled as a result of said event. 3. Owner’s Advisor’s Initial Review—Owner’s Advisor, in consultation with Engineer, will advise Owner regarding the Change Proposal and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Owner’s Advisor concludes that additional supporting data is needed before conducting a full review and deciding regarding the Change Proposal, then Owner’s Advisor may request that CMAR submit such additional supporting data by a date specified by Owner’s Advisor, prior to Owner’s Advisor beginning its full review of the Change Proposal. 4. Owner’s Advisor’s Full Review and Action on the Change Proposal—Upon receipt of CMAR’s supporting data, including any additional data requested by Owner’s Advisor, Owner’s Advisor, in consultation with Engineer, will conduct a full review of each Change Proposal and, within 30 days after such receipt of the CMAR’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and CMAR. If Owner’s Advisor does not act on the Change Proposal within 30 days, then either Owner or CMAR may at any time thereafter submit a letter to the other party indicating that as a result of Owner’s Advisor’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision—Owner’s Advisor’s decision is final and binding upon Owner and CMAR, unless Owner or CMAR appeals the decision by filing a Claim under Article 12. D. Post-Completion—CMAR shall not submit any Change Proposals after Owner’s Advisor issues a written recommendation of final payment pursuant to Paragraph 15.07.B. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 74 11.10 Notification to Surety A. CMAR shall notify the performance and payment bond surety of the issuance of each Work Authorization and confirm that the bonds have been adjusted to reflect the changes in Guaranteed Maximum Price and Contract Times. B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents, including, but not limited to, Guaranteed Maximum Price or Contract Times, the giving of any such notice will be CMAR’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process—The following disputes between Owner and CMAR are subject to the Claims process set forth in this article: 1. Appeals by Owner or CMAR of Owner’s Advisor’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Subject to the waiver provisions of Paragraph 15.08, any dispute arising after Owner’s Advisor has issued a written recommendation of final payment pursuant to Paragraph 15.07.B. B. Submittal of Claim—The party submitting a Claim shall deliver it directly to the other party to the Contract promptly, but in no event later than 30 days after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Owner’s Advisor and Engineer, for their information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by CMAR seeking an increase in the Contract Times or Contract Price, CMAR shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of CMAR’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which CMAR is entitled. C. Review and Resolution—The party receiving a Claim shall review it thoroughly and consider its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Owner’s Advisor and Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and CMAR may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and CMAR agree to mediation, then after 60 days from such agreement, either Owner or CMAR may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 74 mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and CMAR shall each pay one-half of the mediator’s fees and costs. E. Partial Approval—If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim—If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not act on the Claim within 90 days, then either Owner or CMAR may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results—If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—ALLOWANCES; UNIT PRICE WORK 13.01 Allowances A. The CMAR Contingency Allowance (Agreement, Article 8) and Owner’s Contingency Allowance (Agreement, Article 12) are governed by the applicable provisions of the Agreement. B. CMAR confirms that it has included the CMAR Contingency Allowance in the Guaranteed Maximum Price and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Owner’s Advisor. C. CMAR confirms that it has included the Owner’s Contingency Allowance in the Contract Price and that use of Owner’s Contingency Allowance is subject to the provisions of Article 12 in the Agreement. D. Cash Allowances—CMAR agrees that: 1. the cash allowances include the cost to CMAR, less any applicable trade discounts, of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CMAR’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Guaranteed Maximum Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 74 E. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner’s Advisor to reflect actual amounts due CMAR for Work covered by allowances, and the Guaranteed Maximum Price will be correspondingly adjusted. 13.02 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Guaranteed Maximum Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified Item of Unit Price Work times the estimated quantity of each Item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Proposals and determining an Estimated Guaranteed Maximum Price. Payments to CMAR for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by CMAR to be adequate to cover CMAR’s overhead and profit for each separately identified item. D. Owner’s Advisor will determine the actual quantities and classifications of Unit Price Work performed or furnished by CMAR. Owner’s Advisor will review with CMAR the Owner’s Advisor’s preliminary determinations on such matters before rendering a written decision thereon, by recommendation of an Application for Payment or otherwise. Owner’s Advisor’s written decision thereon will be final and binding except as modified by Owner’s Advisor to reflect changed factual conditions or more accurate data upon Owner and CMAR, and the final adjustment of Guaranteed Maximum Price will be set forth in a Change Order, subject to the provisions of the following Paragraph. E. Adjustments in Unit Price 1. CMAR or Owner shall be entitled to an adjustment in the unit price with respect to an Item of Unit Price Work if: a. the quantity of the Item of Unit Price Work performed by CMAR differs materially and significantly from the estimated quantity of such Item indicated in the Agreement; and b. CMAR’s unit costs to perform the Item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in CMAR’s costs to perform such other Work, such that the resulting overall change in Guaranteed Maximum Price is equitable to Owner and CMAR. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Owner’s Advisor, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. CMAR shall provide them with proper and safe conditions for such access and EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 74 advise them of CMAR’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. CMAR shall give Owner’s Advisor timely notice of readiness of the Work, or specific parts thereof, for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except those costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work, or part thereof, specifically to be inspected, tested, or approved by an employee or other representative of such public body, CMAR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Owner’s Advisor the required certificates of inspection or approval. D. CMAR shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Owner’s Advisor. E. If the Contract Documents require the Work, or part thereof, to be accepted by Owner, Owner’s Advisor, Engineer, or another designated individual or entity, then CMAR shall assume full responsibility for arranging and obtaining such approvals. F. If any Work, or the work of others that is to be inspected, tested, or approved is covered by CMAR without written concurrence of Owner’s Advisor, CMAR shall, if requested by Owner’s Advisor, uncover such Work for observation. Such uncovering will be at CMAR’s expense unless CMAR has given Owner’s Advisor timely notice of CMAR’s intention to cover the same and Owner’s Advisor had not acted with reasonable promptness in response to such notice. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 74 14.03 Defective Work A. CMAR’s Obligation—It is CMAR’s obligation to assure that the Work is not defective. B. Owner’s Advisor’s Authority—Owner’s Advisor has the authority to determine, in consultation with Engineer, whether Work is defective, and to reject defective Work. C. Notice of Defects—Prompt written notice of all defective Work of which Owner, Owner’s Advisor, or Engineer has actual knowledge will be given to CMAR. D. Correction, or Removal and Replacement—Promptly after receipt of written notice of defective Work, CMAR shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Owner’s Advisor has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties—When correcting defective Work, CMAR shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages—In addition to its correction, removal, and replacement obligations with respect to defective Work, CMAR shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and CMAR are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. If such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles and will not endanger public safety. CMAR shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work; such costs to be approved by Owner’s Advisor as to reasonableness, and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Guaranteed Maximum Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, CMAR shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Owner’s Advisor has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Owner’s Advisor, then CMAR shall, if requested by Owner’s Advisor, uncover such Work for Owner’s Advisor’s or Engineer’s observation, and then replace the covering, all at CMAR’s expense. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 74 C. If Engineer or Owner’s Advisor considers it necessary or advisable that covered Work be observed by Owner’s Advisor or Engineer, or inspected or tested by others, then Owner’s Advisor will so advise CMAR, and CMAR shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner’s Advisor may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, CMAR shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others, and pending CMAR’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, CMAR shall be allowed an increase in the Guaranteed Maximum Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then CMAR may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order CMAR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of CMAR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If CMAR fails within a reasonable time after written notice from Owner’s Advisor to correct defective Work, or to remove and replace defective Work as required by Owner’s Advisor, then Owner may, after 7 days’ written notice to CMAR, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend CMAR’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid CMAR but which are stored elsewhere. CMAR shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, Owner’s Advisor, Engineer, and their consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against CMAR as set-offs against payments due under Article 15. Such claims, costs, losses, and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CMAR’s defective Work. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 74 D. CMAR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CMAR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Payment for CMAR Services A. The basis and procedures for payment for CMAR Services are set forth in the Agreement, Article 3. The provisions of this Article 15 pertain to payment for performance and furnishing of the Work, unless noted otherwise. 15.02 Progress Payments A. Basis for Progress Payments 1. CMAR will, at least 10 days prior to applying for Payment, prepare and submit for approval by Owner’s Advisor a schedule allocating portions of the Guaranteed Maximum Price to various portions of the Work, as determined by the applicable Work Authorizations. 2. The Schedule of Values will serve as the basis for progress payments and will be incorporated by Owner’s Advisor into an Application for Payment form. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.02. Progress payments for cost-based Work will be based on Cost of the Work completed by CMAR during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment, but not more often than once a month, CMAR shall submit to Owner’s Advisor for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by CMAR for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of CMAR stating that all previous progress payments received by CMAR have been applied to discharge CMAR’s legitimate obligations associated with prior Applications for Payment. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 74 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Owner’s Advisor will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to CMAR indicating in writing Owner’s Advisor’s reasons for refusing to recommend payment. In the latter case, CMAR may make the necessary corrections and resubmit the Application. 2. Owner’s Advisor’s recommendation of any payment requested in an Application for Payment will constitute a representation by Owner’s Advisor to Owner, based on Owner’s Advisor’s (a) observations of the executed Work, (b) consultations with Engineer, and (c) review of the Application for Payment and the accompanying data and schedules, that to the best of Owner’s Advisor’s knowledge, information, and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.02, and any other qualifications stated in the recommendation; and c. the conditions precedent to CMAR’s being entitled to such payment appear to have been fulfilled in so far as it is Owner’s Advisor’s responsibility to observe the Work. 3. By recommending any such payment Owner’s Advisor will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Owner’s Advisor in the Contract; or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by Owner or entitle Owner to withhold payment to CMAR. 4. Neither Owner’s Advisor’s review of CMAR’s Work for the purposes of recommending payments nor Owner’s Advisor’s recommendation of any payment, including final payment, will impose responsibility on Owner’s Advisor: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for CMAR’s failure to comply with Laws and Regulations applicable to CMAR’s performance of the Work; d. to make any examination to ascertain how or for what purposes CMAR has used the money paid by Owner; or EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 74 e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Owner’s Advisor may refuse to recommend the whole or any part of any payment if, in Owner’s Advisor’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.02.C.2. 6. Owner’s Advisor will recommend reductions in payment (set-offs) necessary in Owner’s Advisor’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Guaranteed Maximum Price has been reduced by Change Orders or other Contract modifications; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which CMAR is responsible; or e. Owner’s Advisor has actual knowledge of the occurrence of any of the events that would constitute a default by CMAR and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after Owner’s Advisor’s presentation of the Application for Payment to Owner with Owner’s Advisor’s recommendation, the amount recommended, subject to any Owner set-offs, will become due, and when due will be paid by Owner to CMAR. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Owner’s Advisor, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on CMAR’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from CMAR’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. CMAR has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. CMAR has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which CMAR is responsible; e. Owner has incurred extra charges for advisory services or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests, and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 74 g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Guaranteed Maximum Price has been reduced by Change Orders or other Contract modifications; i. An event has occurred that would constitute a default by CMAR and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of CMAR’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where CMAR has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. Claims have been made or costs have been incurred arising from CMAR Services; or m. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Owner’s Advisor, Owner will give CMAR immediate written notice, with a copy to Owner’s Advisor, stating the reasons for such action and the specific amount of the reduction, and promptly pay CMAR any amount remaining after deduction of the amount so withheld. Owner shall promptly pay CMAR the amount so withheld, or any adjustment thereto agreed to by Owner and CMAR, if CMAR remedies the reasons for such action. The reduction imposed will be binding on CMAR unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.02.D.1 and subject to interest as provided in the Agreement. F. Where the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work, as measured by reference to the Schedule of Values, or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that CMAR prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price, if any, through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment. 15.03 CMAR’s Warranty of Title A. CMAR warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.04 Substantial Completion A. When CMAR considers the entire Work ready for its intended use CMAR shall notify Owner’s Advisor in writing that the entire Work is substantially complete and request that Owner’s EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 74 Advisor issue a certificate of Substantial Completion. CMAR shall at the same time submit to Owner’s Advisor CMAR’s proposed punch list of items to be completed or corrected before final payment. B. Promptly after CMAR’s notification, Owner, CMAR, Owner’s Advisor, and Engineer will inspect the Work to determine the status of completion. If the Work is not determined to be substantially complete, Owner’s Advisor will notify CMAR in writing, giving the reasons for the determination. C. If the Work is deemed substantially complete, Owner’s Advisor will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Owner’s Advisor will attach to the certificate the Owner’s Advisor’s proposed punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Owner’s Advisor as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Owner’s Advisor, in consultation with Engineer, concludes that the Work is not substantially complete, Owner’s Advisor will, within 14 days after submission of the preliminary certificate to Owner, notify CMAR in writing that the Work is not substantially complete, stating the reasons for the conclusion. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Owner’s Advisor, in consultation with Engineer, concludes that the Work is substantially complete, then Owner’s Advisor will, within said 14 days, execute and deliver to Owner and CMAR a final certificate of Substantial Completion, with a revised punch list of items to be completed or corrected, reflecting such changes from the preliminary certificate as Owner’s Advisor believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and CMAR will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and CMAR agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the CMAR shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases CMAR may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude CMAR from the Site after the date of Substantial Completion subject to allowing CMAR reasonable access to remove its property and complete or correct items on the punch list. 15.05 Partial Use or Occupancy; Completion of Authorized Work A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Owner’s Advisor, Engineer, and CMAR agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 74 intended purpose without significant interference with CMAR’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that CMAR permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when CMAR agrees that such part of the Work is substantially complete, CMAR, Owner, Owner’s Advisor and Engineer will follow the procedures of Paragraph 15.04.A through 15.04.E for that part of the Work. 2. At any time, CMAR may notify Owner and Owner’s Advisor in writing that CMAR considers any such part of the Work substantially complete and request Owner’s Advisor to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, CMAR, Owner’s Advisor and Engineer will inspect that part of the Work to determine its status of completion. If Owner’s Advisor, in consultation with Engineer, does not consider that part of the Work to be substantially complete, Owner’s Advisor will notify Owner and CMAR in writing, giving the reasons for its determination. If Owner’s Advisor, in consultation with the Engineer, considers that part of the Work to be substantially complete, then for that part of the Work the provisions of Paragraph 15.04 will apply with respect to certification of Substantial Completion, the Division of responsibility, and access. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 5. Neither the organization of the Work into Work Packages, nor the authorization of specified parts of the Work in a Work Authorization, establishes (a) that such packages or parts of the Work have been identified in the Contract Documents or otherwise as a part of the Work that Owner may use or occupy upon completion, or (b) that any such Work constitutes a separately functioning and usable part of the Work that upon completion can be used by Owner for its intended purpose without significant interference with CMAR’s performance of the remainder of the Work. The determination of whether any part of the Work qualifies for partial use or occupancy under this Paragraph 15.05 will be made on the merits without reference to Work Packages or Work Authorizations. B. Substantial Completion of Authorized Work 1. When CMAR considers the entire Work authorized under a specific Work Authorization is ready for its intended use, CMAR shall notify Owner’s Advisor in writing that such authorized Work is substantially complete and request that Owner’s Advisor issue a certificate of Substantial Completion applicable solely to such authorized Work. CMAR shall at the same time submit to Owner’s Advisor the CMAR’s proposed punch list of items to be completed or corrected before such authorized Work is deemed complete. 2. CMAR, Owner, Owner’s Advisor, and Engineer will follow the procedures of Paragraphs 15.04.A, B, C, E, and F for such authorized Work. The terms of Paragraph 15.04.D are not applicable to the determination of Substantial Completion of the Work authorized under a Work Authorization. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 74 3. Until Substantial Completion of the entire Work under this Contract under Paragraph 15.04, such authorized Work will not be eligible for Owner’s use or occupancy, unless otherwise eligible for partial use or occupancy under Paragraph 15.05.A; the determination of a date of Substantial Completion for such authorized Work will not mark the commencement of the contractual correction period and applicable warranties required by the Contract for such authorized Work; and the authorized Work will remain the responsibility of CMAR. 15.06 Final Inspection A. Upon written notice from CMAR that the entire Work or an agreed portion thereof is complete, Owner’s Advisor will promptly make a final inspection with Owner, Engineer, and CMAR and will notify CMAR in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. CMAR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.07 Final Payment A. Application for Final Payment 1. After Owner’s Advisor, in consultation with Engineer, determines that CMAR has (a) satisfactorily completed all corrections identified during the final inspection, (b) has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents, as provided in Paragraph 7.15, and other documents, and (c) completed performance of all services required by the Contract, CMAR may make application for final payment. 2. The final Application for Payment must be accompanied, except as previously delivered by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects or will so pass upon final payment; d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers, satisfactory to Owner, of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.07.A.2 and as approved by Owner, CMAR may furnish receipts or releases in full and an affidavit of CMAR that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CMAR may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 74 its option may issue joint checks payable to CMAR and specified Subcontractors and Suppliers. B. Owner’s Advisor’s Review of Final Application and Recommendation of Payment—If, on the basis of Owner’s Advisor’s observation of the Work during construction and final inspection, consultation with Engineer regarding completion, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner’s Advisor is satisfied that CMAR has completed the Work and fulfilled CMAR’s other obligations under the Contract, Owner’s Advisor will, within 10 days after receipt of the final Application for Payment, indicate in writing Owner’s Advisor’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Owner’s Advisor’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Owner’s Advisor will return the Application for Payment to CMAR, indicating in writing the reasons for refusing to recommend final payment, in which case CMAR shall make the necessary corrections and complete the Work and all remaining services, and resubmit the Application for Payment. C. Notice of Acceptability of the Work—In support of its recommendation of payment of the final Application for Payment, Owner’s Advisor, with Engineer’s express approval, will also give written notice to Owner and CMAR that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.08. D. Completion of Work—The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the Owner’s Advisor’s written recommendation of final payment and issuance of Notice of Acceptability of the Work. E. Final Payment Becomes Due—Upon receipt from Owner’s Advisor of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Owner’s Advisor for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to CMAR within 30 days of Owner’s receipt of the final Application for Payment from Owner’s Advisor. 15.08 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by CMAR, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by CMAR will constitute a waiver by CMAR of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim or appealed under the provisions of Article 17. 15.09 Correction Period A. Scheduled Correction Period Inspection—Within one month before the end of the Contract’s correction period, CMAR will participate in an inspection of the Work with the Owner, Owner’s Advisor, and Engineer to ascertain whether any portion of the Work or the repair of EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 74 any damage to the Site or adjacent areas is defective and therefore subject to correction by CMAR. B. If within one year after the date of Substantial Completion, or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents, Owner gives CMAR written notice that any Work has been found to be defective, whether as a result of the scheduled correction period inspection or otherwise, or that CMAR’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect CMAR shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. return to the Site with Owner, Owner’s Advisor and Engineer to inspect any apparent or discovered defects in the Work, or unrepaired damage to the Site or adjacent areas; 2. consult with Owner’s Advisor and Engineer regarding recommendations as to replacement or correction of such defective Work, or the repair of any damage; 3. correct the defective repairs to the Site or such adjacent areas; 4. correct such defective Work; 5. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 6. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. C. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.20.B. D. If, after receipt of a notice of defect within 60 days and within the correction period, CMAR does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. CMAR shall pay all costs, losses, and damages, including but not limited to all fees and charges of construction managers, engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs, arising out of or relating to such correction or repair or such removal and replacement, including but not limited to all costs of repair or replacement of work of others. CMAR’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. E. In special circumstances where a particular Item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that Item may start to run from an earlier date if so provided in the Specifications. F. Where defective Work, and damage to other Work resulting therefrom, has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 71 of 74 G. CMAR’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION AND TERMINATION 16.01 Owner May Suspend CMAR Services or Work A. At any time and without cause, Owner may suspend the CMAR Services or the Work, or any portion thereof, for a period of not more than 90 consecutive days by written notice to CMAR and Owner’s Advisor. Such notice will fix the date on which CMAR Services or Work will be resumed. CMAR shall resume the CMAR Services or Work on the date so fixed. CMAR shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. With respect to a suspension of the Work, any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by CMAR and justify termination for cause: 1. CMAR’s persistent failure to perform the Work in accordance with the Contract Documents, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule; 2. Failure of CMAR to perform or otherwise to comply with a material term of the Contract Documents; 3. CMAR’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. CMAR’s repeated disregard of the authority of Owner, Owner’s Advisor or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving CMAR and any surety 10 days’ written notice that Owner is considering a declaration that CMAR is in default and termination of the Contract, Owner may proceed to: 1. declare CMAR to be in default, and give CMAR, and any surety, written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude CMAR from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid CMAR but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if CMAR within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, CMAR shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 72 of 74 damages, including but not limited to all fees and charges of Owner’s Advisors, engineers, architects, attorneys, and other professionals, sustained by Owner, such excess will be paid to CMAR. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, CMAR shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Owner’s Advisor as to their reasonableness and, when so approved by Owner’s Advisor, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where CMAR’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against CMAR then existing or which may thereafter accrue, or any rights or remedies of Owner against CMAR or any surety under any payment bond or performance bond. Any retention or payment of money due CMAR by Owner will not release CMAR from liability. G. If and to the extent that CMAR has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days’ written notice to CMAR and Owner’s Advisor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, CMAR shall be paid for without duplication of any items: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. CMAR shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 CMAR May Stop Work or Terminate A. If, through no act or fault of CMAR, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner’s Advisor fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay CMAR any sum finally determined to be due, then CMAR may, upon 7 days’ written notice to Owner and Owner’s Advisor, and provided Owner or Owner’s Advisor do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner’s Advisor has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay CMAR any sum finally determined to be due, CMAR may, 7 days after written notice to Owner and Owner’s Advisor, stop the Work EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 73 of 74 until payment is made of all such amounts due CMAR, including interest thereon. The provisions of this paragraph are not intended to preclude CMAR from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CMAR’s stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution—The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and CMAR concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes—For any dispute subject to resolution under this article, Owner or CMAR may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Owner’s Advisor, CMAR, or Engineer when required, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 74 of 74 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner, Owner’s Advisor, nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to CMAR for any claims, costs, losses, or damages sustained by CMAR on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of CMAR. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent, except to the extent that the effect of this restriction may be limited by law, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and CMAR each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and Paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Monticello Water Supply Treatment Plant Request for Proposals Page 1 RFP Attachment C Supplementary Conditions SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK CONTRACT These Supplementary Conditions amend or supplement EJCDC® CMAR-700, Standard General Conditions of the Construction Manager at Risk Contract (2023). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms SC-1.01.A.1 Add the following new paragraph immediately before Paragraph 1.01.A.1 and renumber the subsequent paragraphs: 1. Abnormal Weather Conditions—Conditions of extreme or unusual weather for a given region, elevation, or season as determined by Owner’s Advisor. Weather that is typical for a given region, elevation, or season should not be considered Abnormal Weather Conditions. SC-1.01.A.4 Add the following sentence at the end of the last sentence of Paragraph 1.01.A.4: 4. Change Order form to be used on this Project is EJCDC C-941. Engineer and Owner approval are required before Change Orders are effective. SC-1.01.A.25 Add the following new language at the end of Paragraph 1.01.A.25: 25. Engineer’s Consultant(s) on the Project include: I & S Group, Inc. Oertel Architects, LTD. SC-1.01.A.45 Add the following new paragraphs immediately after Paragraph 1.01.A.45 and renumber the subsequent paragraphs: 46. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 47. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The entity/entities duly designated as Engineer’s Consultant(s) pursuant to SC-1.01.A.25 shall bear the RPR responsibilities as outlined in the Engineer and Subconsultant Agreement specific to the Project’s requirements. SC-1.01.A.62 Add the following language at the end of the last sentence of Paragraph 1.01.A.62: Work Change Directives cannot change Guaranteed Maximum Price or Contract Times with a subsequent change order. Monticello Water Supply Treatment Plant Request for Proposals Page 2 RFP Attachment C Supplementary Conditions ARTICLE 2—PRELIMINARY MATTERS SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of CMAR’s Insurance—When CMAR delivers the signed counterparts of the Agreement to Owner, CMAR shall also deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, copies of the policies, including all endorsements, and identification of applicable self-insured retentions and deductibles, of insurance required to be provided by CMAR in this Contract (other than insurance such as builder’s risk that is required at a later date). CMAR may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Evidence of Owner’s Insurance—After receipt from CMAR of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to CMAR copies of the policies of insurance to be provided by Owner in this Contract, if any. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.02.A Delete Paragraph 2.02.A in its entirety and insert the following in its place: A. Neither Engineer nor Owner shall furnish printed copies of the Contract Documents (Project Manual, Drawings, etc.) to CMAR. CMAR shall be responsible for printing their own copies of the Contract Documents. Engineer and Owner shall provide copies in electronic portable document format (PDF) only. SC-2.03 Add the following paragraphs immediately after Paragraph 2.02, and renumber the subsequent paragraphs: 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), CMAR shall submit to Owner’s Advisor for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during the performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the site is started, a conference attended by Owner, CMAR, Owner’s Advisor, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, Monticello Water Supply Treatment Plant Request for Proposals Page 3 RFP Attachment C Supplementary Conditions and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and CMAR each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by CMAR, Owner’s Advisor, and others as appropriate, will be held to review for acceptability to Owner’s Advisor as provided below the schedules submitted in accordance with Paragraph 2.03.A. CMAR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CMAR until acceptable schedules are submitted to Owner’s Advisor. 1. The Progress Schedule will be acceptable to Owner’s Advisor if it provides from an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Owner’s Advisor responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve CMARCMAR’s full responsibility therefor. 2. CMAR’s Schedule of Submittals will be acceptable to Owner’s Advisor if it provides a workable arrangement for reviewing and processing the required submittals. 3. CMAR’s Schedule of Values will be acceptable to Owner’s Advisor as to form and substance if it provides a reasonable allocation of the Guaranteed Maximum Price to the component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS—INTENT, REQUIREMENTS, REUSE SC-3.01 Add the following new language immediately after Paragraph 3.01.G: H. Addenda and related modifications to the Drawings and/or Specifications take precedence over the original Construction Documents. I. The provisions of the Instructions to Bidders and Supplementary Conditions shall take precedence over the General Conditions. In the case of conflict, ambiguity, or discrepancy between Drawings and Specifications, or otherwise within the Contract Documents, the better quality or greater quantity of Work resulting in the greater cost shall be estimated and included in the Guaranteed Maximum Price and the matter shall be drawn to the Engineer’s attention for resolution. J. The general character and scope of the Work is shown in the Drawings. Where a portion of the Work is fully drawn and the remainder is merely indicated, the portion fully drawn shall apply to all similar parts of the Work. K. Should there be a conflict within the Specifications, on the Drawings or between the Specifications and the Drawings, in a written decision the Owner’s Advisor will decide Monticello Water Supply Treatment Plant Request for Proposals Page 4 RFP Attachment C Supplementary Conditions and resolve the conflict that provides the best installation and operational outcomes, and the Owner’s Advisor’s decision will be final. L. In the Drawings, the precedent shall be drawings of larger scale over those of smaller scale, figured dimensions over scaled dimensions, and noted materials over graphic indications. M. Dimensions on the Drawings are subject to field verification to suit adjacent elements and all elements of the Work and coordination with the Work of other contractors and subcontractors. SC-3.03.A Add the following paragraph immediately after Paragraph 3.03.A.2: 3. CMAR shall not be liable to Owner or Owner’s Advisor for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CMAR had actual knowledge thereof. SC-3.04 Add the following language immediately after the first sentence of Paragraph 3.04.A: “Owner’s Advisor will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.” SC-3.04 Add the following paragraph immediately after Paragraph 3.04.B: C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Owner’s Advisor will promptly give written notice to Owner and CMAR that Owner’s Advisor is unable to provide a decision or interpretation. If Owner and CMAR are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.03 Amend the first sentence of Paragraph 4.03.A to state the following: “Owner shall provide engineering surveys to establish reference points for construction which in Owner’s Advisor’s judgment are necessary to enable CMAR to proceed with the Work.” SC-4.03 Add the following new paragraph immediately after Paragraph 4.03.A: B. Reference points for the Work shall be provided by Engineer one (1) time, and subsequent re-establishment of reference points shall be the responsibility of the CMAR. CMAR shall notify the Engineer a minimum of three (3) days in advance of the need for reference points for construction. All other layout and staking shall be the responsibility of the CMAR. Monticello Water Supply Treatment Plant Request for Proposals Page 5 RFP Attachment C Supplementary Conditions SC-4.05 Add the following new paragraphs immediately after Paragraph 4.05.G: H. CMAR must submit any Change Proposal seeking an adjustment in Guaranteed Maximum Price or Contract Times under this paragraph within 7 days of the commencement of the delaying, disrupting, or interfering event. E. CMAR shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by normal or sever weather conditions that may occur during the construction timeline. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.02 Add the following new language immediately after Paragraph 5.02.D: E. Control of Work 1. CMAR shall perform the Work so that it will cause the least practicable interference with, and avoid prolonged interruption of or damage to, existing facilities, underground utilities, overhead utilities, and roadways. CMAR shall obtain written approval from the Owner at least twenty (20) days before performing any Work that involves either connection to existing facilities or interruption of service of existing operations. CMAR shall perform that Work when it causes the least interference or annoyance, as determined by the Owner and Owner’s Advisor. 2. CMAR shall initiate, maintain, and supervise all weather protection and local and area climatic and seasonal precipitation event programs applicable to the Work. In the event of severe weather, CMAR shall immediately inspect the Work at the Site and take all necessary actions to ensure that public access and safety are maintained. 3. CMAR shall post construction signs to advise workers, occupants, pedestrians, and adjacent property owners of the limits of work areas, hardhat areas, excavation areas, construction parking, specific safety concerns, truck delivery access points and routes, etc. 4. Neither the Owner nor Owner’s Advisor will accept or coordinate deliveries for CMAR. CMAR shall coordinate and be at the site to receive all deliveries. Materials and equipment stored on the site or right of way shall be placed so as to ensure minimum danger and obstruction to the traveling public. 5. CMAR shall take whatever steps, procedures, or means required to prevent dust nuisance due to the CMAR’s operations on-site, along haul routes, within stockpile areas, and within or along equipment or material staging areas. Dust control measures shall be maintained at all times to the satisfaction of the Owner and Owner’s Advisor and as required by any other Political Subdivision with jurisdiction. 6. CMAR shall take whatever steps, procedures, or means required to minimize noise nuisance due to CMAR’s operations on-site, along haul routes, within stockpile areas, and with in or along equipment or material staging areas. 7. Any dumping of spoil or waste material by CMAR shall comply with all federal, state, and local laws and regulations. Whether public or private landfills are used, Monticello Water Supply Treatment Plant Request for Proposals Page 6 RFP Attachment C Supplementary Conditions CMAR shall pay all required dumping fees and shall furnish to the Owner’s Advisor evidence of such payments. SC-5.03 Delete Paragraphs 5.03.E, 5.03.F., and 5.03.G and replace with the following new Paragraphs after 5.03.D: E. It shall be the responsibility of CMAR to determine to CMAR’s own satisfaction the location and nature of surface and subsurface obstacles and the soil and water conditions, which will be encountered during the Work. Additional test borings and other exploratory options may be made by CMAR at CMAR’s own expense. CMAR shall make arrangements for soil investigation with Owner. Reports and existing drawings are intended for reference only, CMAR shall verify existing conditions prior to Bidding. F. The following reports of exploration and tests of subsurface conditions at or adjacent to the Site are known to Owner 1. Geotechnical Report by Braun Intertec Corporation, Dated October 23, 2024 and included with the Proposal Documents. G. In the preparation of Drawings and Specifications, Engineer and Engineer’s Consultants relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the Site: 1. Reservoir and Pump House by ORR-Schelen-Mayeron and Associates, Inc., Dated May, 24, 1976 and included with the Proposal Documents. H. Copies of reports and drawings itemized in SC-5.03.F that are not included with the Contract Documents may be examined at Advanced Engineering and Environmental Services, LLC, 6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369 during regular business hours. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon which CMAR may rely as identified and established above are incorporated therein by reference. CMAR is not entitled to rely upon other information and data utilized by Engineer and Engineer’s Consultants in the preparation of Drawings and Specifications. SC-5.04 Add the following sentence as the final sentence to Paragraph 5.04.A: Satisfaction of CMAR’s duty to give written notice to the Owner and Owner’s Advisor of such a differing site condition before performing work in connection therewith is a condition precedent to CMAR’s entitlement to an adjustment of price or time pursuant to the General Conditions. SC-5.05.F.3 Amend the first sentence of Paragraph 5.05.F.3 to read as follows: Replace the words “30 days” with “7 days”. And so amended Paragraph 5.05.F.3 remains in effect. SC-5.05 Add the following new paragraphs immediately after paragraph 5.05.F: G. The following reports of exploration and test related to Underground Facilities at the Site are known to Owner: 1. None. H. CMAR shall be responsible for immediately notifying the Owner’s Advisor of any contact with or damage to Underground Utilities included under 5.05.A and 5.05.B, Monticello Water Supply Treatment Plant Request for Proposals Page 7 RFP Attachment C Supplementary Conditions and for the safety, protection, and repairing of any damages done to the Work and surface and subsurface facilities and Underground Utilities. I. CMAR shall be responsible for coordinating, obtaining, and paying for the services of specialized existing utility observation/inspection services personnel during the performance of work near existing utilities per existing utility owner requirements. J. Prior to any excavation CMAR shall call for and obtain a utility locate. Underground Utility locations can be obtained from the following Location Services in Minnesota: Gopher State One Call: (800) 252-1166 or (651) 454-0002 SC-5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner, other than what has been disclosed in the Proposal Documents. B. [Intentionally omitted]. SC-5.06.G Amend the first sentence of Paragraph 5.06.G to read as follows: Replace the words “30 days” with “7 days”. And so amended Paragraph 5.06.G remains in effect. SC-5.06 Delete Paragraph 5.06.I in its entirety and insert the following language: A. To the fullest extent permitted by law, Owner shall not be liable to or obligated to indemnify, defend, or hold harmless CMAR, Subcontractor, Engineer, or any of their respective officers, directors, partners, employees, agents, consultants, or subcontractors from or against any claims, costs, losses, or damages arising out of or relating to a Hazardous Environmental Condition that: (i) was shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work; or (ii) was created by CMAR or anyone from whom CMAR is responsible. SC-5.06 Add the following paragraph immediately after Paragraph 5.06.K: L. Asbestos containing materials are prohibited from use in the construction of this Project. CMAR shall certify that only non-asbestos materials were used. Typical materials likely to contain asbestos include roofing, acoustical treatments, fireproofing, drywall, plaster, resilient flooring, insulations, mastics/adhesives, gaskets, mineral products, cementitious boards/pipes/mortar, etc. ARTICLE 6—BONDS AND INSURANCE SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.C: 1. Required Performance Bond Form—The performance bond that CMAR furnishes will be in the form of EJCDC® C-610, Performance Bond (2018). 2. Required Payment Bond Form—The payment bond that CMAR furnishes will be in the form of EJCDC® C-615, Payment Bond (2018). SC-6.02 Amend the first sentence of Paragraph 6.02.N. to read as follows: Replace the word “10” with “Thirty days (30)”. And so amended Paragraph GC-6.02.N remains in effect. SC-6.03 Add the following new paragraph immediately after Paragraph 6.03.C: Monticello Water Supply Treatment Plant Request for Proposals Page 8 RFP Attachment C Supplementary Conditions E. The limits of liability for insurance required by Paragraph 6.03 of the General Conditions shall provide the following coverage for not less than the following amounts or greater where required by Laws and Regulations. Worker’s Compensation, and related coverages: State Statutory Applicable Federal Statutory Employer’s Liability: Bodily injury, each accident $2,000,000 Bodily injury by disease, each employee $2,000,000 Bodily injury/disease aggregate $2,000,000 Foreign voluntary worker compensation: Statutory Contractor’s General Liability: General Aggregate $2,000,000 Products – Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence (Bodily Injury and Property Damage $2,000,000 Automobile Liability: Bodily Injury Each Person $2,000,000 Each Accident $2,000,000 Property Damage – Each Accident $2,000,000 Combined Single Limit $2,000,000 Excess or Umbrella Liability: General Aggregate $5,000,000 Each Occurrence $5,000,000 The Excess or Umbrella Liability coverage shall stack on top of the liability coverages to the fullest extent permitted under the policy but at minimum over the required Contractor’s General Liability and Automobile Liability coverage Contractor’s Professional Liability: Each Occurrence $2,000,000 General Aggregate $2,000,000 Mobile Equipment: $2,000,000 Additional Insured – Required Additional Insureds for all of the above identified policies: City of Monticello, Minnesota Advanced Engineering and Environmental Services, LLC I&S Group, Inc. Oertel Architects, LTD F. CMAR hereby waives all rights of subrogation against the City of Monticello, Advanced Engineering and Environmental Services, LLC, I&S Group, Inc, and Oertel Architects, LTD. Each policy of insurance required of CMAR herein shall include a written waiver of subrogation in favor of the City of Monticello, Advanced Engineering and Environmental Services, LLC, I&S Group, Inc, and Oertel Architects, LTD. G. Each certificate of insurance shall provide that the insurer must give at least 30 days prior to written notice of cancellation and/or termination of the coverage thereunder. SC-6.05 Delete Paragraph 6.05.A in its entirety and insert the following in its place: Monticello Water Supply Treatment Plant Request for Proposals Page 9 RFP Attachment C Supplementary Conditions A. CMAR shall purchase and maintain the following insurance upon the Work at the Site in the amount of the full replacement cost thereof. 1. This insurance shall: a. Include the interests of Owner, CMAR, Subcontractors, Owner’s Advisor, Engineer, and any other individuals or entities herein, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; b. Be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lighting, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; c. Contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights to recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors; d. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); e. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; f. Allow for partial utilization of the Work by Owner; g. Include testing and startup; and h. Be maintained in effect until Substantial Completion is achieved unless otherwise agreed to in writing by Owner, CMAR and Owner’s Advisor with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued. 2. Contractor shall be responsible for any deductible or self-insured retention. 3. The policies or insurance required to be purchased and maintained by CMAR in accordance with this Paragraph SC-6.05.A. shall not conflict with the requirements of Paragraph 6.05.B, 6.05.C, and 6.05.D of the General Conditions. ARTICLE 7—CMAR’S RESPONSIBILITIES SC-7.02.A Add the following subparagraph to Paragraph 7.02.A: a. The CMAR shall provide a superintendent in charge of the overall project. The Superintendent shall be a competent individual who is fully authorized and capable Monticello Water Supply Treatment Plant Request for Proposals Page 10 RFP Attachment C Supplementary Conditions of managing, directing, and coordinating the project; who is fully experienced in the type of work being performed; who is capable of reading and thoroughly understanding the plans and specifications and who is authorized to receive instructions from the Engineer and his representatives. He must be on the Project a minimum of eight (8) hours each day from beginning until completion and shall not have responsibility for any other project. He must have worked as a superintendent on previous projects. SC-7.02 Add the following new paragraph immediately after Paragraph 7.02.B: C. CMAR shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. CMAR shall prepare and promptly distribute minutes to Owner, Owner’s Advisor, and Engineer. SC-7.06 Amend the first sentence of Paragraph 7.06.D to state the following: “…, all Work at the Site shall be performed during regular working hours, Monday through Friday, 7:00 AM through 7:00 PM CST. Work on Saturday, Sunday, or legal holidays shall only be allowed 8:00 AM through 6:00 PM CST when pre-authorized by Owner. CMAR shall notify Owner’s Advisor of any work planned on Saturday, Sunday, or any legal holidays, or outside of the regular working hours at least 48 hours prior to such work.” SC-7.10 Add the following new language immediately after Paragraph 7.10.E: 1. An experience statement shall accompany such lists with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor and Supplier. SC-7.10 Amend the first sentence of Paragraph 7.10.G to read as follows: Replace the words “30 days” with “7 days”. And so amended Paragraph 7.10.G remains in effect. Monticello Water Supply Treatment Plant Request for Proposals Page 11 RFP Attachment C Supplementary Conditions SC-7.12 Add the following paragraph immediately after 7.12.A: B. CMAR shall obtain such permits, certificates, and licenses that are required for completion of the Work. Permits, certificates, and licenses included, but are not limited to: 1. National Pollution Discharge Elimination System (NPDES) Storm Water Permit. 2. Department of Natural Resources (DNR) Dewatering Permit. 3. Minnesota Pollution Control Agency (MPCA) Sanitary Sewer Extension. 4. City of Monticello building permits including but not limited to: Commercial/Industrial Building Permit, Electrical permits, and Fire protection permit. 5. Demolition Permit from the State of Minnesota and/or City of Monticello. 6. Certificate of Occupancy from the City of Monticello. 7. Permits required for disposal of construction debris removed from Project Site(s) or generated during the execution of the Work. 8. Additional permits or approvals that may be required by the City of Monticello, the State of Minnesota, and/or other local and State agencies. C. CMAR shall coordinate all permit requirements and schedule al required inspections through Construction. D. Mechanical and Plumbing Subcontractor(s) must be licensed in the City of Monticello. License fee is not refundable by the City. E. CMAR is responsible for all permit, certificate, and license fees. SC-7.13 Add a new paragraph immediately after Paragraph 7.13.A: E. CMAR is not exempt from State of Minnesota sales and use taxes on materials and equipment to be incorporated in the Work. CMAR shall include said taxes in the when purchasing materials, capital equipment, and supplies for the Work and will be required to maintain documentation for the taxes paid on the Project. F. This Project may be subject to a Minnesota Sales Tax Refund to the Owner at the end of the Project. Therefore, CMAR shall enter into an Agency Agreement with the Owner for the State of Minnesota sales tax rebate on materials, capital equipment, and supplies purchased for the Project at the same time the Agreement is executed. G. CMAR shall record and maintain special documentation for the taxes paid on this Project. Documentation shall be submitted to Owner upon completion of the Project. Upon review, Owner may request additional information to verify tax paid on the Project. Contractor shall keep all tax records regarding this Project for a minimum of three (3) years, and allow county and state auditors access to these records if requested. Monticello Water Supply Treatment Plant Request for Proposals Page 12 RFP Attachment C Supplementary Conditions ARTICLE 8—OTHER WORK AT THE SITE SC-8.04 Add the following new language immediately after Paragraph 8.03: 8.04 Claims Between Contractors A. Should CMAR, Subcontractors, or Suppliers cause damage to the Work or property of any person without limitation, at the Site, or should any claim arising out of CMAR’s, Subcontractors’, or Suppliers’ performance of the Work at the Site be made by any person against CMAR, Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, or the Construction Coordinator, CMAR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. B. CMAR shall, to the fullest extent permitted by Laws and Regulations, indemnify, defend, and hold harmless Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, Construction Coordinator and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly, or consequently out of any action, legal or equitable, brought by any separate contractor against Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, or the Construction Coordinator to the extent said claim is based on or arises out of CMAR’s performance of the Work. Should a separate contractor cause damage to the Work or property of CMAR or should the performance of the Work by any separate contractor at the Site give rise to any other Claim, CMAR shall not institute any action, legal or equitable, against Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, or the Construction Coordinator or permit any action against any of them to be maintained and continued in its name or fit its benefit in any court or before any arbiter which seeks to impose liability or to recover damages from Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, or the Construction Coordinator on account of any such damage or Claim. C. If CMAR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and Owner and CMAR are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, CMAR may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be CMAR’s exclusive remedy with respect to Owner, Owner’s Advisor, Engineer, Engineer’s Consultants, and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from Owner, Owner’s Advisor, Engineer, Engineer’s Consultant, or Construction Coordinator for activities that are their respective responsibilities. ARTICLE 9—OWNER’S RESPONSIBILITIES No changes. ARTICLE 10—STATUS OF OWNER’S ADVISOR AND ENGINEER DURING CONSTRUCTION SC-10.05 Add the following new paragraph immediately after Paragraph 10.05.D: E. The limitations upon authority and responsibility set forth in this Paragraph 10.05 shall also apply to the Resident Project Representative, if any. Monticello Water Supply Treatment Plant Request for Proposals Page 13 RFP Attachment C Supplementary Conditions SC-10.07 Add the following new paragraphs immediately after Paragraph 10.06: 10.07 Resident Project Representative A. If Owner and Engineer have agreed that Engineer with furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. C. The Resident Project Representative (RPR) will be Engineer’s representative at the Site, will act as directed by and under the supervision of the Engineer, and will confer with Engineer regarding RPR’s actions. 1. General: RPR’s dealings in matters pertaining to the Work in general shall be with Engineer and CMAR. RPR’s dealings with Subcontractors shall only be through or with full knowledge and approval of CMAR. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by CMAR and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with CMAR, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof unless stipulated to be CMAR’s responsibility elsewhere in the Construction Documents. 4. Liaison: a. Serve as Engineer’s liaison with CMAR. Working principally through CMAR’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with CMAR when CMAR’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to CMAR clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date and receipt of Samples and CMAR-approved Shop Drawings b. Receive Samples which are furnished at the Site by CMAR and notify Engineer of availability of Samples for examination. c. Advise Engineer and CMAR of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. Monticello Water Supply Treatment Plant Request for Proposals Page 14 RFP Attachment C Supplementary Conditions 7. Modifications: Consider and evaluate CMAR’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to CMAR in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of CMAR’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of CMAR’s work in progress is defective, will not produce a complete Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of the work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s and Engineer’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording CMAR’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of CMAR and all Subcontractors and major Suppliers of materials and equipment. c. maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of CMAR”s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay Monticello Water Supply Treatment Plant Request for Proposals Page 15 RFP Attachment C Supplementary Conditions events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the establishment procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operations and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals, and other data required by the Contract Documents to be assembled and furnished by CMAR are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and CMAR, and prepare a final punch list of times to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the Work. D. RPR’s authority and duties and responsibilities are limited exclusively to those identified above. For avoidance of doubt, but not as complete list, but rather to underscore the RPR’s limited duties and responsibilities, the RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CMAR, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of CMAR’s work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or CMAR. 6. Participate in specialized field or laboratory tests or inspections conducted off- site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than CMAR. 8. Authorize Owner to occupy the Project in whole or in part. 10.08 Rejecting Defective Work A. Owner’s Advisor and Engineer has the authority to reject Work in accordance with Article 14. Monticello Water Supply Treatment Plant Request for Proposals Page 16 RFP Attachment C Supplementary Conditions 10.09 Shop Drawings A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.19. B. Engineer’s Authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.22. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. ARTICLE 11—CHANGES TO THE CONTRACT SC-11.05 Add the following paragraph immediately after 11.05.C: C. Except as specifically authorized in writing by Engineer at the time additional Work is done beyond the original scope of the Contract Documents, CMAR shall make no claims for additional compensation. CMAR’s plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the Work will not be acceptable to Owner as an excuse for any failure of CMAR to fulfill the requirements of the Contract Documents and shall not be a basis for the CMAR’s claim for additional compensation. Any discrepancies in, or conflicts between, the items described in these Contract Documents must be submitted in writing to the Engineer for adjustment prior to proceeding with the work, as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. SC-11.07 Add the following Paragraph 11.07.C after 11.07.B: C. Construction Manager’s Fee: The Construction Manager’s Fee for overhead and profit shall be 8 percent. ARTICLE 12—CLAIMS SC-12.01.A Add the following paragraph immediately after Paragraph 12.01.A.3: 4. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. SC-12.01.B Amend the first sentence of Paragraph 12.01.B to read as follows: Replace the words “in no event later than 30 days” with “in no event later than 10 days”. So amended, Paragraph 12.01.B remains in full effect. ARTICLE 13—ALLOWANCES; UNIT PRICE WORK SC-13.01.E Add the following new paragraph immediately after Paragraph 13.01.E: F Contingency Allowance (Owner): Construction Manager agrees that Owner’s Contingency Allowance, if any, is for the sole use of Owner to cover Owner’s unanticipated costs. Monticello Water Supply Treatment Plant Request for Proposals Page 17 RFP Attachment C Supplementary Conditions SC-13.03 Add the following new paragraph immediately after Paragraph 13.02: 13.03 Related Party Transactions A. For Purposes of Paragraph 13.03, the term “related party” shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the CMAR; any entity in which any stockholder in, or management employee of, the CMAR owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the CMAR. The term “related party” includes any member of the immediate family of any person identified above. B. If any of the costs to be reimbursed arise from a transaction between the CMAR and a related party, the CMAR shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the CMAR shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Section 7.06. If the Owner fails to authorize the transaction, the CMAR shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Section 7.06. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK SC-14.02.D Add the following to the end of paragraph 14.02.D: All inspections and testing laboratories must have prior approval of the Owner’s Advisor or Engineer. ARTICLE 15—PAYMENTS TO CMAR; SET OFFS; COMPLETION; CORRECTION PERIOD SC-15.02.B.1 Amend the first sentence of Paragraph 15.02.B.1 to read as follows: Replace the words “At least 20 days” with “At least 10 days”. And as amended paragraph 15.01.D.1 remains in effect SC-15.02.B Add the following paragraphs immediately after 15.02.B.4: 5. Minnesota State law requires that all Owners who contract with non-exempt out-of- state contractors for construction work over $50,000 to withhold and deposit with the State 8 percent of every payment made to the Contractor. When the Contractor shows compliance with income, withholding, and sales tax laws, amounts held by the State will be returned with interest. In lieu of this surety deposit, a bond secured by insurance or cash may be provided to the State by the Contractor. The law exempts from the surety deposit or bond requirements non-Minnesota contractors who have done work in Minnesota during the last three (3) years and have complied with all Minnesota tax laws. Please find form SD-E immediately following the Supplementary Conditions. 6. Retainage shall conform to current Minnesota state law. Specifically, CMAR may, as an option, deposit bonds or securities with the Owner or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the Owner. In that event, the Monticello Water Supply Treatment Plant Request for Proposals Page 18 RFP Attachment C Supplementary Conditions Owner shall reduce the retainage in the amount equal to the value of the bonds and securities. Interest on the bonds or securities shall be payable to CMAR as it accrues. Bonds and securities shall be of the character approved by Owner. If Owner incurs additional cost as a result of the exercise of the option described above, Owner may recover the costs from CMAR by reducing the final payment due under the Contract. As work on the Project progresses, Owner shall, upon request, inform CMAR of all accrued costs. 7. CMAR shall pay subcontractors and suppliers within ten (10) days of CMAR’s receipt of payment from Owner for undisputed services provided by subcontractors and suppliers. Payments not paid on time to subcontractors and suppliers shall be subject to provisions in Minnesota Statutes Section 471.425 as amended. SC-15.02.C.5 Amend Paragraph 15.02.C.5 to read as follows: 5. Owner’s Advisor may refuse to recommend the whole payment or any part of the payment (i) if in the Owner’s Advisor’s opinion the established Contract Time for Substantial Completion has expired; or (ii) if in the Owner’s Advisor’s opinion it would be incorrect to make the representations to Owner stated in 15.01.C.2. SC-15.02.C.6 Add the following new language at the end of the Paragraph 15.02.C.6.e: f. Failure to make payment to Subcontractors, System Suppliers, or labor. g. Claims made by Owner’s Advisor for additional compensation because of CMAR delays or rejection of defective Construction Work. h. Deduction per the Agreement. i. Liability for liquidated damages has been incurred by CMAR. SC-15.02.D.1 Amend the first sentence of Paragraph 15.02.D.1 to read as follows: Replace the words “Ten days” with “Thirty-five days”. And as amended paragraph 15.01.D.1 remains in effect SC-15.04 Add the following to the end of Paragraph 15.04.B: “If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by OA and Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by CMAR to Owner. If CMAR does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set- off against payments due under this Article 15.” SC-15.05 Add the following subparagraph to 15.05.A: 6. Occupancy and use by Owner shall not constitute, in itself, acceptance of the Work. SC-15.05 Add the following new paragraph immediately after paragraph 15.05.A which is to read as follows: B. Owner may at any time request in writing CMAR to permit Owner to take over operation of any part of the Work although it may not be substantially complete. A copy of such request will be sent to Owner’s Advisor, and within a reasonable time thereafter Owner, CMAR, and Owner’s Advisor shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected prior to final payment. If CMAR does not object in writing to Owner and Owner’s Advisor that such part of Work is not ready for Monticello Water Supply Treatment Plant Request for Proposals Page 19 RFP Attachment C Supplementary Conditions separate operation by Owner, Owner’s Advisor will finalize the list of items to be completed or corrected and will deliver such list to Owner and CMAR together with a written recommendation as to the division of responsibility pending final payment between Owner and CMAR with respect to security, operation, safety, maintenance, utilities, insurance, warranties, and guarantees for that part of the Work which will become binding upon Owner and CMAR at the time the Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Owner’s Advisor). During such operation and prior to Substantial Completion of such part of Work, Owner shall allow CMAR reasonable access to complete or correct items on said list and to complete other related Work. SC-15.06.A Add the following language at the end of the second sentence of Paragraph 15.06.A: “If, after such measures are taken, subsequent inspections by Owner’s Advisor reveal that any of the previously identified items remain incomplete or defective, Owner’s Advisor will notify CMAR in writing of the remaining items. All costs associated with any subsequent inspections will be documented by Owner’s Advisor, Owner will compensate Owner’s Advisor, and CMAR shall reimburse Owner. Owner will deduct amount of compensation paid to Owner’s Advisor from the payment to the CMAR. Compensation shall be at the Owner’s Advisor’s standard hourly rates plus actual cost of reimbursement.” SC-15.06.B Add the following new paragraph immediately after paragraph 15.06.A, which is to read as follows: B. Upon correction of deficiencies and completion of the entire work, CMAR shall notify Owner’s Advisor in writing requesting a final inspection. If, in the Opinion of the Owner’s Advisor, the CMAR has satisfactorily completed the Work, CMAR, Owner’s Advisor, and Owner shall execute the Final Inspection and Acceptance. SC-15.07.A.2 Add the following paragraph immediately after 15.07.A.2.e: f. Certificate of Occupancy issued by the City of Monticello. SC-15.07.C Add the following paragraphs immediately after 15.07.E: F. Owner’s Right to Audit CMAR’s Final Accounting 1. The Owner retains the right to audit CMAR’s final accounting within 30 days after delivery of the final accounting to Owner’s Advisor by the CMAR. Upon completion of Owner’s audit of CMAR’s final accounting, Owner shall provide a copy of the audit report to CMAR. 2. If Owner’s auditors report of the Cost of the Work as substantiated by the CMAR’s final accounting to be less than claimed by CMAR, CMAR shall be entitled to mediation of the disputed amount. A request for mediation shall be made by CMAR within 30 days after CMAR’s receipt of a copy of the audit report. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by Owner’s auditors becoming binding on CMAR and immediately payable by CMAR to Owner. Monticello Water Supply Treatment Plant Request for Proposals Page 20 RFP Attachment C Supplementary Conditions SC-15.07.A.2 Add the following paragraph immediately after 15.07.A.2.e: f. Certificate of Occupancy issued by the City of Monticello. SC-15.07.6.A Add the following paragraph immediately after 15.06.A.3: 4. Before final application for payment is made for the Work, CMAR shall show satisfactory compliance with MSA 290.92 which requires the withholding of State income taxes for wages paid employees on this project. Submittal of Certificate of Compliance from the Commissioner of Taxation to Owner will satisfy this requirement. CMAR is advised that before such certificate can be issued, CMAR must first place on file with the Commissioner of Taxation an affidavit that the provisions of MSA 290.92 have been met. The required affidavit will be supplied by the Commissioner of Taxation, Centennial Building, St. Paul, Minnesota, on request. ARTICLE 16—SUSPENSION AND TERMINATION SC-16.03 Delete Paragraph 16.03.A.3. in its entirety and insert an “and” after the end of the sentence 16.03.A.1 and replace the semi-colon with a period at the end of the sentence 16.03.A.2. ARTICLE 17—FINAL RESOLUTION OF DISPUTES SC-17.01.C Add the following paragraph immediately after Paragraph 17.01.B.3: C. Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the parties agree to mediate before any dispositive motions or trial. Litigation may only be commenced in state or federal court having jurisdiction in the place where the Work is located, within the time periods prescribed by applicable law. SC-17.02 Add the following new paragraph immediately after Paragraph 17.01: 17.02 Attorney’s Fees A. The prevailing party in a court of competent jurisdiction or in arbitration shall be entitled to an award of its actual attorneys' fees, with no additur due to outcomes or otherwise, which amount will be determined in the discretion of the court, arbitration panel, or other arbiter, taking into account the parties' respective demands or defense positions in comparison with the final result. ARTICLE 18—MISCELLANEOUS Not changed. City Council Agenda: 6/23/2025 2I. Consideration of approving a Special Event Permit – Ellison Park for Rotary Club of Monticello 70th Anniversary Event on June 30, 2025 Prepared by: City Clerk Meeting Date: 6/23/2025 ☒ Consent Agenda ☐ Regular Agenda Item Reviewed by: Economic Development Manager, Park and Recreation Director Approved by: City Administrator ACTION REQUESTED Motion to approve a Special Event Permit allowing the Rotary Club of Monticello to use Ellison Park for the Club’s 70th Anniversary on June 30, 2025, from 1:30 p.m. until 9:00 p.m. REFERENCE AND BACKGROUND The Rotary Club of Monticello requested approval of a Special Event Permit to host its 70th Anniversary celebration at Ellison Park. The Rotary is an international service organization with a mission addressing issues such as poverty, disease, education, and environmental concerns. Locally, the Rotary actively supports school programs, contributes to park and recreation facilities, and assists families in need by helping provide access to essential resources and services. The Monticello Rotary Club’s 70th Anniversary event is a family-friendly event open to the public. Attendees can enjoy complimentary food and beverages, yard games, art compositions, and horseback rides. The event will take place during the afternoon and evening of June 30, 2025, at Ellison Park. A map outlining the layout and use of park is attached for reference. The City is asked to provide garbage cans, picnic tables, and barricades to close off the park area, allowing the horseback rides to occur on pavement versus the park turf. I. Budget Impact: N/A II. Staff Workload Impact: Staff involved in the Special Event Permit request is minimal. Park Department staff are prepared to provide the extra garbage cans and help set up the barricades for the event. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDATION City Council Agenda: 6/23/2025 Staff recommend approval of the Special Event Permit for the Rotary Club of Monticello’s use of Ellison Park on June 30, 2025, from 1:30 p.m. until 9:00 p.m. SUPPORTING DATA A. Special Event Permit with attached Summary of the B. Summary Description – Rotary Club Anniversary Event C. Map – Rotary Club Ellison Park Use layout 1 CITY OF MONTICELLO City Clerk 505 Walnut Street, Suite 1 Monticello, MN 55362 (763) 295-2711 info@ci.monticello.mn.us PROPERTY INFORMATION Property Address Property Legal Description Property ID Number PROPERTY OWNER INFORMATION Owner Name Owner Address Owner Phone Owner Email APPLICANT INFORMATION Applicant Name Applicant Address Applicant Phone Applicant Email Name of Event Location/Address of Event Dates & Times of Event Complete Application Required The review and consideration of an application submitted shall only occur if such application includes all items that are required in support of the application and is deemed complete by the City Clerk’s Office. Application Submission Schedule Application, required information, and payment must be submitted no later than 30 working days prior to desired approval date. Application Information Applicants shall note that in addition to a special event permits, any liquor license or permit, sign permits and building permits for tents may also be required and are not included within the special event permit application and approval. Any requested use of City facilities, City staff resources, City equipment, and/or City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council. In addition, events which occur after 10 PM may requires review and approval by the City Council as related to noise ordinances. Please provide clear information in the application regarding these requests. Application Checklist Special Event Permit 2 APPLICANT CHECK APPLICATION SUBMITTAL REQUIREMENTS CITY CHECK-IN A written narrative including: 1. A description of the proposed special event, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and 2. An explanation of how the proposed special event will meet each of the review criteria specified by code (on reverse), as well as any additional criteria that may apply for the specific use. 3. Any requested use of City facilities, City staff resources, City equipment and City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council A site plan showing all information necessary to accurately depict how the proposed use will function on the site. Information required on the site plan shall include but not be limited to: 1. The location of all existing and proposed structures; 2. Driveways and parking areas; 3. Proposed storage spaces; 4. Natural features such as woodlands, wetlands, shorelines, etc; 5. Proposed number of parking spaces (if applicable). If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to a site plan. Any event proposing to erect a temporary tent structure is required to obtain a permit from the Monticello Department of Building and Safety and Code Enforcement. Certificate of insurance/liability coverage. Electronic copies of all written narratives and plan sets required above. Application fee: $50 $25 – for non-profit/charitable organization Special Event Review Process • The City Clerk will review all applications. • Applications determined to conform with the approval criteria outlined in Monticello Zoning Code Section 2.4(L)(4)(a) and listed below shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. • Applications not conforming with the approval criteria outlined in Section 2.4(L)(4)(a) shall be denied by the Community Development Department. • A notice of denial shall be provided to the applicant which includes all identified reasons for denial. 3 Special Event Temporary Use Permit Approval Criteria Approval of a Special Event Permit shall only be granted once the City Clerk has determined the use shall: • Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; • Be compatible with the principal uses taking place on the site; • Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; • Not include permanent alterations to the site; • Not maintain temporary signs associated with the use or structure after the activity ends; • Not violate the applicable conditions of approval that apply to a site or use on the site; • Not interfere with the normal operations of any permanent use located on the property; and • Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands. • Not create an unreasonable risk of significant: 1. Damage to public or private property, beyond normal wear and tear; 2. Injury to persons; 3. Public or private disturbances or nuisances; 4. Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; 5. Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and 6. Other adverse effects upon the public health, safety, or welfare. • The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event. • The special event shall not conflict with another permitted special event at the same location in a manner that will negatively impact the public health, welfare, or safety. Special Event Temporary Use Permit Conditions of Approval • In approving the Special Event Permit, the City Clerk’s Office is authorized to impose such conditions upon the issuance of the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The Community Development Department is authorized, where appropriate, to require: 1. Provision of temporary parking facilities, including vehicular access and egress. 2. Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat. 3. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards. 4. Provision of sanitary and medical facilities. 5. Provision of solid waste collection and disposal. 6. Provision of security and safety measures. 7. Use of an alternative location or date for the proposed special event. 8. Modification or elimination of certain proposed activities. 9. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection. 10. Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition. 4 Duration of Permit A temporary use permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the City Clerk. Property Owner’s Statement I am the fee title owner of the described property and I agree to this application. I certify that I am in compliance with all ordinance requirements and conditions regarding other City approval that have been previously granted. (Signature) (Date) Applicant’s Statement This application shall be processed in my name and I am the party whom the City should contact regarding the application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. (Signature) (Date) CITY APPROVAL (City Clerk Signature) (Date) (Community Development or Building Dept Signature) (Date) Special Event Permit Approved □ Denied □ Approval is granted with the following conditions: Internal review checklist (as applicable): Public Works Routing Admin Parks Streets Director Law Enforcement Notification Building Department (Tents) Monticello Community Center Room/Park Reservations Post-Approval Routing/Requirements Applicant Public Works Law Enforcement Notification City Clerk Monticello Community Center Room/Park Reservations Liability Insurance Certificate Received Surrounding Property Owner Notification Complete Rotary Club of Monticello (2125) 70th Anniversary Event Ellison Park 913 East River Street Monticello, MN June 30, 2025 1:30 p.m. to 9:00 p.m. The Monticello Rotary Club is seeking to use Ellison Park to celebrate its 70th Anniversary as a local Rotary Club. The event is open to the public and will salute the local Club’s involvement in the community supporting youth education efforts at Monticello public schools and also improving the community through park and recreation facilities improvement projects (Otter Creek Park, local park benches, picnic tables, walking path landscaping, etc.). Event activities include free food and beverages, yard games, art drawing, horseback rides and recognition speeches-presentations of and by long-term members saluting the Club’s efforts and positive impacts on the local community. A map layout of the event is included in the Permit application submittal packet. The Club is seeking additional garbage cans, picnic tables and barricades to allow horseback riding to occur on the street versus the park grass areas. HORS E B A C K R I D E S MONTICELLO ROTARY 70TH ANNIVERSARY COMMUNITY CELEBRATION MONDAY, JUNE 30, 2025 ELLIS O N P A R K City Council Agenda: 6/23/2025 4A. Consideration of City comment on a request for rezoning in the Monticello Orderly Annexation Area Prepared by: Steve Grittman – Grittman Consulting, City Planner Meeting Date: 6/23/2025 ☐ Consent Agenda Item ☒ Regular Agenda Item Reviewed by: Community Development Director Approved by: City Administrator ACTION REQUESTED Motion to recommend that the Monticello Orderly Annexation Board deny the request for rezoning the subject parcel (213200324301) within the Monticello Orderly Annexation Area from General Agriculture (AG) to Agricultural/Residential (A/R). REFERENCE AND BACKGROUND Property: PID: 213200324301 The Monticello Orderly Annexation Area (MOAA) Board received an application for rezoning from General Agriculture (AG) to Agricultural/Residential (A/R) for a 20.15-acre parcel in the northwest portion of MOAA (Section 1). The parcel is located along 127th Street NE, just to the southeast of I-94, and near the 120th Street I-94 overpass. The parcel has no buildings and is classified by the County as “Rural Vacant Land.” The 20.15 acres includes the 127th Street roadway area that would otherwise be right-of way, an area of approximately 1.5 acres. The MOAA Board has zoning authority within the MOAA and consider s rezoning requests under the Monticello Orderly Annexation Agreement. Under the terms of the current annexation agreement between the City of Monticello and Monticello Township, the City and Township each have 30 days to comment on an application for rezoning within the Monticello Orderly Annexation Area. The purpose of this report is to provide the Council with the opportunity to review the request and consider action for formal comment and to the MOAA Board on the matter. In addition to the rezoning, the application proposes to subdivide the property into two 10-acre parcels as would be allowed by conditional use permit under the MOAA’s zoning ordinance in an A/R District. The existing AG District otherwise permits subdivisions only for agricultural purposes, and then only for parcels of at least 40 acres in area. Analysis MOAA Purpose City Council Agenda: 6/23/2025 The MOAA was formed for the purpose of protecting lands near the City from premature rural development, reserving those lands for urban development when City services (primarily sanitary sewer and water) become available. The MOAA Agreement includes statements specifically recognizing this intent. In exchange for this and as stated within the agreement, the City agrees to constrain its annexation power in that it will not attempt to annex any lands within the MOAA until they are petitioned by the owners or other limited and specific circumstances and further agrees not to seek annexation outside of the MOAA. It is understood, as a baseline of the MOAA agreement, that no development will occur within the MOAA that is inconsistent with this purpose. Rezoning Administration The MOAA adopted the Wright County Zoning and Subdivision Ordinance as its applicable land use regulations. The regulations note that the Board (in this case, the MOAA Board) has the authority to adopt amendments to these ordinances, including to the zoning districts in its jurisdiction. However, it also notes the following in Section 155.028(A): (2) Such amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Policies Plan or changes in conditions in the county. This limitation requires changes in community goals and policies to support a zoning district amendment. There do not appear to be any such changes, particularly as the most recent update to the MOAA Agreement was adopted within the past year. In considering the request, specific findings to support rezoning would also be necessary to distinguish it from similar rezoning requests that could be made throughout the MOAA. Land Use Plans The MOAA Agreement provides that both Wright County and the City have adopted Comprehensive Plans for the area, “. . . which shall govern land use guidance within the OAA.” The property proposed for rezoning and subdivision is guided in Monticello’s 2040 Vision + Plan as “Employment Campus,” a light industrial designation intended to encourage employment- dense business development. The area is within the Northwest Study area, which further notes the proximity to a future interchange with I-94, as well as other long-term transportation connections to the City. Wright County’s Land Use Plan for the area (the Monticello Township plan within the Northwest Quadrant Land Use Plan), identifies the area as “Transition Area .” This designation is utilized in the County’s Plan under this description: Transition Areas. The County has a policy that most growth be directed toward the cities. To accommodate this continued growth pressure, cities will need to annex land City Council Agenda: 6/23/2025 and provide municipal services to this land. The County is not advocating more annexation than is needed to accommodate a reasonable amount of growth. The purpose in establishing the Transition Area is to properly manage the land at the urban/rural fringe. Management of these areas consists of identifying and designating areas to economically and efficiently accommodate growth pressures. The proper management of these areas will avoid premature annexation, prohibit large lot residential development that would make provision of municipal services unnecessarily expensive, and limit the possibility of incompatible future land uses. In an ideal situation, orderly annexation agreements would be developed that would provide more detailed plans for the Transition Areas. As noted, the Transition Area “prohibits” large lot residential development, toward the goal of avoiding limiting “the possibility of incompatible future land uses.” The MOAA agreement implements this language as the preferred technique to managing land use in the annexation area. Northwest Study Area & Industrial Development Feasibility Study The City’s Comprehensive Plan incorporates a specific study area for this portion of the MOAA, recognized as the Northwest Study Area. The 2040 Plan notes that the City intends to pursue additional access to the I-94 corridor with a future interchange in the Northwest planning area. This interchange project has a number of variables, one of those being the exact location and land area required, as well as supporting street infrastructure. A rezoning and subdivision as proposed could raise eventual conflicts with siting this infrastructure . In addition to this potential conflict, the rezoning and subdivision of the subject area raises issues with the ability of the City to achieve its land use goals in this area. As referenced in the 2040 Plan, the City completed additional study of the Northwest Area, completing an Industrial Development Feasibility Study in 2022, which identifies this area as a priority growth corridor for the City. With the foundation of both the 2040 Plan and the Industrial Feasibility Study, the City beg an work on public improvement infrastructure plans to serve the area in alignment with these plans. I. Budget Impact: The review of the zoning request was not anticipated as part of on - going planning review. Expenses associated with the review of the MOAA application will be covered by the Planning & Zoning budget’s Miscellaneous Professional Services line item. II. Staff Workload Impact: The application required approximately 4 hours of staff review time by the Administration and Community Development Departments. III. Comprehensive Plan Impact: The Monticello 2040 Vision + Plan statements in support of the reserving land within the MOAA as agricultural until such time as it is annexed for City Council Agenda: 6/23/2025 urban development. These include Policy 1.9 and Strategy 1.9.1 as cited below. However, the 2040 Plan includes several other statements regarding planning in the MOAA, which are included with this report. Policy 1.9: Monticello Orderly Annexation Area - Continue to proactively engage and work with Monticello Township on matters of interest to both parties including, but not limited to annexation, land development, transportation stormwater management, utility infrastructure, park and trail development and open space preservation. Strategy 1.9.1 - Continue to maintain, enforce and follow the procedures of the Joint Resolution for Orderly Annexation between Monticello Township and the City of Monticello. Develop lands within the MOAA only as demand occurs in accordance with the growth strategy and annexation agreement. STAFF RECOMMENDED ACTION City staff do not recommend approving the rezoning and subdivision requests. The Wright County Land Use Plan, Monticello 2040 Vision + Plan, and the MOAA formation and purpose do not support the rezoning and subdivision. As noted above, the MOAA purpose is to preserve land for City annexation and development, consistent with its Comprehensive Plan direction . For this parcel, that direction includes potential interstate freeway access, and development as Employment Campus industrial land uses. The creation of rural residential parcels would be opposed to th e City’s land use goals. Moreover, the County’s designation of the property as Transition Area specifically prohibits this type of rezoning, deferring instead to the annexation agreement process to accommodate orderly City growth and development. SUPPORTING DATA A. Aerial Image B. Application Request C. Monticello Orderly Annexation Agreement D. Monticello 2040 Vision + Plan, Excerpts E. Industrial Feasibility Study, Excerpts Legend Annexation Area City Boundary June 16, 2025 ± Map Powered By Datafi 1 in = 4,722 Ft Subject Parcel | 213200324301 OA-1061 A-6979 Monticello/Monticello Township STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND TO ) THE CITY OF MONTICELLO PURSUANT TO) MINNESOTA ST A TUTES, SECTION 414.031 ) JOINT RESOLUTION THE AGREEMENT PREVIOUSLY SIGNED BY THE CITY AND TOWNSHIP OF MONTICELLO ON JUNE 21, 2004, AND AMENDED AND SIGNED BY THE CITY AND TOWNSHIP ON.MAY 9 AND MAY 16, 2005, RESPECTIVELY, IS HEREBY AMENDED BY JOINT ACTION OF BOTH PARTIES AND THE COUNTY OF WRIGHT. ALL CHANGES TO THE PREVIOUS AGREEMENT ARE CONTAINED WITHIN THIS NEW AGREEMENT. JOINT RESOLUTION FOR ORDERLY ANNEXATION BY AND BETWEEN MONTICELLO TOWNSHIP AND THE CITY OF MONTICELLO IN SETTLEMENT OF MINNESOTA DEPARTMENT OF ADMINISTRATION FILE NO. A-6979 MONTICELLO/MONTICELLO TOWNSHIP WHEREAS, the City of Monticello filed an annexation petition, dated October 13, 2003, with the Minnesota Department of Administration Municipal Boundary Adjustments Office (File No. A- 6979 Monticello/Monticello Township) seeking annexation of certain areas located within Monticello Township pursuant to Minnesota Statutes, Section 414.031; and WHEREAS, Monticello Township and the City of Monticello have reached a settlement agreement believed to be in the mutual best interests of both parties; and WHEREAS, the City of Monticello (hereinafter the "City'') and Monticello Township (hereinafter the "Township") desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minnesota Statutes, Section 414.0325; and WHEREAS, the City and Township are in agreement to the procedures and process for orderly annexation of certain lands described herein for the purpose of orderly, planned growth; and WHEREAS, the City and Township have agreed to work cooperatively to accomplish the orderly annexation of the areas legally described herein; and 231940v9 WHEREAS, the City and Township agree that orderly annexation and extension of municipal services to those areas designated herein that are urban or suburban or about to become so is in the best interests of the City, Township and property owners and would benefit the public health, safety and welfare of the entire community; and WHEREAS, for the areas designated herein, the City and the Township desire to accomplish the orderly annexation of said areas in a mutually acceptable and beneficial manner as urban development occurs and without the need for a hearing; and WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly annexation by means of this Joint Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello and the Township Board of Supervisors of the Township of Monticello as follows: 1. Description of Area Designated for Orderly Annexation. The area of the Township located within the area marked on the map attached hereto as Exhibit A is deemed by the parties to be properly subject to orderly annexation under and pursuant to Minnesota Statutes, Section 414.0325. The parties hereby designate this area for orderly annexation as provided by conditions for annexation set forth in this Joint Resolution. The area designated herein for orderly annexation, as shown on Exhibit A. shall be referred to for case of reference as the "Orderly Annexation Area" ("OAA''). The City may annex, at any time after the execution of this Joint Resolution, land located within the OAA, in accordance with the terms and conditions stated herein for annexation and in accordance with Paragraph 13 of this Joint Resolution. The designated area shown on the attached map as Exhibit A is legally described in Exhibit B, both of which exhibits are attached hereto and incorporated herein by reference. 2. Conditions and Triggering Events for Annexations. Notwithstanding Paragraph 3 of this Joint Resolution, any land within the OAA (see Exhibit A and Exhibit B) may be annexed by the City, in accordance with Paragraph 13 of this Joint Resolution, under any of the following circumstances: 231940v9 a. The City receives a petition for annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting the City; b. The area is completely surrounded by the City; c. The City or property owner(s) is ordered by the State Pollution Control Agency or Department of Health to provide sewer or water service to a portion of the Township for the protection of the public health and safety and/or because of immediate environmental concerns; d. The City decides to add an arterial or collector road to its Municipal State Aid street system, but only to the extent of the right-of-way needed for the road, and provided, however, that any costs associated with installation of these roads will not be assessed to Township residents by the City, nor deferred until future annexation of the property, unless different arrangements are otherwise agreed to by the City and a property owner; e. The City, with Township approval, determines by resolution that land, right-of-way, or easements are needed for a public works improvement project designed to provide sanitary sewer pumping and conveyance facilities, water supply, water storage or water conveyance facilities, stonnwater retention, stormwater detention or stonnwater conveyance facilities, but only to the extent needed for said facilities. The City's statutory condemnation authority shall not otherwise be limited by this provision. With respect to Wright County Ditch 33, notwithstanding the foregoing, Township approval shall not be required for a stonnwater project under this provision should Wright County otherwise approve the project or convey Ditch 33; f. In the case of platted residential subdivisions that are contiguous to the City, the City receives a petition from all property owners of all lots within a block in a platted residential subdivision, or a 51 % majority of property owners of lots not previously annexed from within the entire subdivision, for annexation and/or provision of sewer or water services. In such case, the entire block, or the entire subdivision, as applicable to the requested majority, may be annexed at the sole discretion of the City. g. A licensed inspector retained by Wright County determines that at least 30% of the individual sewage treatment systems or individual wells within a platted residential subdivision or neighborhood or block in such a subdivision are failing or are not meeting state drinking water standards. Report(s) for such inspections shall be provided to the City of Monticello within IO days of their completion; or h. If the City or a private developer constructs or maintains an extension of municipal water or sanitary sewer utilities within the MOAA, an individual property owner directly contiguous to the utility extension may petition for annexation for provision of municipal water and sewer services. In such case, the property may be annexed and/or served with municipal utilities at the sole discretion of the City. i. The City and Township otherwise jointly agree in writing. For purposes of this Joint Resolution land shall be considered to be contiguous to, abut, abuts, or abutting the City where the boundaries of said land or area to be annexed at least touch the City boundary at a single point, including areas whose boundaries would touch the City boundary at a single point but for an intervening roadway, railroad, waterway, or parcel of publicly owned land. 3. Zoning and Planning. Pursuant to Minn. Stat. § 414.0325, subd. 5, this orderly annexation agreement provides for the establishment of a board to exercise planning and land use control authority within any area designated as an orderly annexation area pursuant to this agreement, in the manner prescribed by Minn. Stat. § 471.59. Except as provided in subsection 3(i), for any areas of the Township in the OAA that are not annexed pursuant to this Joint Resolution, planning and zoning authority as specified herein within the OAA is delegated to and governed by a 5-member Joint Planning Board (JPB) as authorized by Minn. Stat.§ 414.0325, subd. S(b) and ( c ), as may be amended. 231940v9 a. The JPB shall be made up of two members appointed by the Township Board, two members appointed by the City Council, and one member of the Wright County Board appointed by the Wright County Board of Commissioners. 231940v9 b. The JPB shall serve as the "governing body" and "board of appeals and adjustments" for purposes of Minnesota Statutes, sections 462.357 and 462.358 within the OAA and shall have all of the powers contained in sections 462.351 to 462.364, except as otherwise provided by this Joint Resolution. c. The Wright County Planning and Zoning Office shall serve as advisors to the JPB, unless otherwise determined by the JPB. Advisors from the Wright County Planning and Zoning Office providing services to the JPB pursuant to this Agreement shall not be construed as employees of the JPB and shall be subject to Paragraph 22 of this Agreement. The JPB may, at any time, also consult with City staff as it deems necessary to effectively carry out its duties and responsibilities. The costs of administration of the JPB shall be paid equally by the City and Township on an annual basis. Any remuneration (per diem) paid to members serving on the JPB shall be approved and equally paid by the City and Township on an annual basis. Wright County shall provide an accounting of the remuneration and provide such to the City, which shall pay such claims and invoice the Township for their annual share. d. The JPB will set the schedules for necessary zoning and planning fees in the OAA. The fees shall be consistent with the fee structure used by Wright County, unless otherwise determined by the JPB. e. Except as otherwise provided, any action of the JPB to exercise its authority as specified herein must be preceded by a majority vote (at least 3 out of the 5 members) of the members of the JPB voting on the prevailing side. f. Wright County and the City of Monticello have adopted comprehensive plans which shall govern land use guidance within the OAA. g. The JPB has adopted an Orderly Annexation Area Zoning Ordinance and Subdivision Ordinance. These ordinances, as they may be amended by the JPB, provide land use control within the OAA, except as noted in subsection 3(i). These ordinances shall remain in full force and effect and unchanged during the term of this Joint Resolution, unless said area or portion thereof is either first annexed or said zoning change is otherwise approved by the majority of the JPB, consistent with Minnesota state law. Any decision by the JPB to zone or rezone portions of the OAA shall be subject to review and comment by the City and Township prior to such zoning or rezoning becoming effective. The JPB shall give the City and Township at least 30 days to review and comment before making a zoning or rezoning decision. The City or Township shall waive its right to review and comment if it fails to review and comment within the specified period provided herein. The JPB shall not approve a subdivision within the OAA unless first approved by the majority of the JPB, consistent with Mim1esota state law. The Township shall not zone, rezone, plat, re-plat, subdivide, or re-subdivide within the OAA between the time of development of this Joint Resolution and the effective date of this Joint Resolution, unless otherwise agreed to in writing by the City. For the purposes of this paragraph, "subdivision" shall not include building entitlement transfers for agricultural lot splits and property transfers between family members under the current Wright County Zoning Ordinance, as adopted by the Township. h. Failure of the JPB to exercise any of its authority as described herein shall not render this Joint Resolution or any other provisions contained herein invalid or unenforceable, and the terms and conditions contained in this Joint Resolution shall otherwise remain in full force and effect and binding upon the parties hereto. i. When a petition for annexation of land within the MOAA is received by the City and found to be in compliance with the triggering events of Section 2 of this agreement, the City shall act as the planning and zoning authority for required land use applications and environmental review for the proposed urban development of the petitioned land. j. Each member serving on the JPB shall serve a period of one year. Members appointed by the City of Monticello shall serve terms that begin on January 1 and end on December 31. Members appointed by Monticello Township shall serve terms that begin on April 1 and end on March 31 of the following year. A term on the JPB may be extended by action of a member's respective governing body. k. The JPB shall meet monthly or as needed as determined by the JPB members. l. Pursuant to Minn. Stat. § 471.59, the JPB will contract with legal counsel. Legal counsel shall be appointed by the JPB annually. The JPB may also retain consultants to provide services to the JPB, as needed. Costs for legal and consulting services shall be approved by the JPB. Upon JPB 's approval, invoices shall be paid by the City with one half subsequently invoiced to and paid by the Township. m. The JPB shall act as the Local Government Unit (LGU) for environmental reviews as required by Minnesota state statutes and rules. The JPB shall require fees and escrows for environmental review consistent with the fee structure used by Wright County, unless otherwise determined by the JPB. The JPB may also retain consultants to provide environmental services to the JPB for such review, as needed. Invoices shall be approved and equally paid by the City and Township. n. The Wright County Planning and Zoning Office shall prepare and provide required public notice per Minnesota Statutes for all land use applications within the OAA. Wright County shall retain the records of the OAA in accordance with Minnesota Statutes. 4. Merger. Notwithstanding the foregoing, the City and Township shall combine in their entirety under the following circumstances: 1) at such time as the Township .and the City adopt a joint resolution so providing; or 2) at such time as seventy-five percent (75%) of the Township, as the Township exists on the effective date of this Joint Resolution, is annexed to the City, whichever comes first. Annexation by the City of the remainder of the Township shall be accomplished in accordance with Paragraph 13. The City shall hire any remaining Township personnel following the effective date of annexation of the remainder of the Township. As soon as practicable following the effective date of annexation resulting in the merger of the City and Township, the City will hold municipal 231940v9 231940v9 elections for all of the City Council and Mayor positions. 5. Adopt and Enforce Regulations. The City and Township agree to enact, adopt, and strictly enforce all such resolutions, ordinances, or regulations, as may be or shall be necessary to give full effect to the stipulations contained in this Joint Resolution. 6. Tax Reimbursement. Upon the annexation of land located within the OAA pursuant to Paragraph 13 of this Joint Resolution, the City shall reimburse the Township for the loss of taxes from the property so annexed in accordance with the following: a. In the year when the City could first levy on the annexed area, the City shall make a cash payment to the Township in an amount equal to four (4) times the property taxes distributed to the Township in regard to the annexed area in the last year that property taxes from the annexed area were payable to the Township. b. Thereafter, the City will no longer reimburse the Township. The City shall make payment as contemplated herein no later than December 31 of the first year following the year when the City could first levy on the annexed area and for any subsequent years. 7. Provision of Services. After annexation of land located within the OAA, the City shall be responsible for providing municipal governmental services to the annexed area. Sanitary sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed residential development within three (3) years after the effective date of the annexation. Sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed commercial, industrial, governmental or institutional development within five (5) years after the effective date of annexation. In the event that the City extends trunk sewer and/or water lines across a portion of the OAA remaining in the Township in order to serve an area annexed by the City, the individual properties remaining in the Township that abut the City trunk sewer and/or water line extended shall not be charged any trunk sewer or water line charges, fees or assessments by the City for the trunk sewer and/or water line abutting said properties until said properties are annexed by the City and are platted and developed. A failure on the part of the City, not due to circumstances beyond the City's control, to provide either of such sewer or water services within the time period specified following the effective date of annexation may subject the area so annexed to be deemed null and void by resolution of the Township adopted at a regular meeting of the Township, and the Township may thereafter petition the Department of Ad~inistration Municipal Boundary Adjustments Office, or its successor agency, for detachment of the area in accordance with Minnesota Statutes, Section 414.06. The City shall not oppose the Township's petition for detachment provided it meets the conditions contained in this Joint Resolution. As an alternative to initiating a detachment proceeding, the Township may elect, by resolution adopted at a Township Board meeting, to have the City reimburse the Township for taxes lost on the applicable property annexed by the City at the Township's tax rate applicable in the year of annexation until the services required under this Paragraph are provided to the annexed property by the City. In order to act under this Paragraph, the Township shall make an election by resolution at a meeting of the Township Board to either; 1) initiate a detachment proceeding, or 2) seek tax reimbursement as provided in this Paragraph, and provide notice to the City of the election, within ninety (90) days of the City's failure to provide said service as required under this Paragraph, or the Township may only seek tax reimbursement as provided in this Paragraph and waives the election to initiate a detachment proceeding under Section 414.06. For purposes of this Paragraph, the City will be deemed to have met the obligation to provide sanitary sewer or water service to an annexed area if within the timeframes specified herein following an annexation of an area, the City awards a contract to a contractor to construct a sewer or water service project making municipal sanitary sewer or water service available to an area annexed under the terms of this Joint Resolution. Every Annexation Resolution adopted under Paragraph 13 of this Joint Resolution resulting in the annexation of land located within the OAA shall be treated separately for purposes of compliance with this Paragraph 7. In the event that the City annexes land in accordance with a triggering event contained in this Joint Resolution and said land is identified in the City's comprehensive plan for open space or park preservation, the requirements contained in this Paragraph do not apply to said annexation since the intent is that said areas would remain as open space or park land and would not need City sewer or water service. 8. Township Maintenance of Services. The Township agrees that it will be responsible for normal and regular maintenance of all Township roads, streets, bridges, drainage facilities and other public rights-of-way that it is currently maintaining within the designated OAA prior to annexation thereof. Maintenance of Township infrastructure within the designated OAA by the Township shall be consistent with other standard maintenance practices employed by the Township elsewhere in the Township. Consistent with Minn. Stat.§ 164.14, the City and Township may, by separate agreement, coordinate to complete routine maintenance and improvements of infrastructure within the OAA, including line roads. Such agreement shall be approved and executed by the Township Board and City Council. 9. Line Roads. For any Township roads that become the boundary line for the City and Township as a result of an annexation, the City shall assume responsibility for road maintenance and improvement for the entire section of the Township road that becomes the boundary line adjacent to the City. Consistent with Minn. Stat.§ 164.14, the City and Township may, by separate agreement, coordinate to complete routine maintenance and improvements of infrastructure within the OAA, including line roads. Such agreement shall be approved and executed by the Township Board and City Council. 10. No Annexation Outside the OAA. The parties agree that the City will not initiate any annexations outside the OAA while this agreement is in effect. Notwithstanding the forgoing, the City may initiate an annexation under Chapter 414 if the City is ordered by the State Pollution Control Agency or the Department of Health to provide sewer or water service to a portion of the Township for the protection of the public health and safety and/or because of environmental concerns. Further, the City will not file any petitions for a contested case annexation within the OAA or the remainder of the Township outside the OAA during the term of this Joint Resolution, provided that the Township does not seek 231940v9 231940v9 to incorporate during the term of this Joint Resolution. 11. Expansion of OAA. For purposes of expansion of the OAA under this Paragraph, the OAA designated herein shall be divided into five sections shown on Exhibit C. The individual sections of the OAA as designated in and shown on Exhibit C may be expanded at such time as: 1) 75% of the land (excluding wetlands and lakes) within an individual section of the OAA is annexed; or 2) the City and Township jointly agree to expand a section, whichever comes first. In the event that one or more of the above conditions exists, the City and Township agree that the boundary line of the section of the OAA meeting the condition contained herein shall be expanded outward one-half section along the entirety of that section of the OAA boundary line as it exists at that time. Notwithstanding the foregoing, the City and Township may agree in writing to a different expansion area greater than or less than the one-half section expansion area provided for herein. The City shall notify the Township in the event that any of the conditions stated in this Paragraph exist. Thereafter, the City shall file the appropriate adjustments to the OAA or any section thereof, within ninety (90) days of January I of each year that ends in a multiple of three (3) (i.e.: 2027, 2030, 2033 ... ), with the Department of Administration, or its successor agency, including a new Amended Exhibit A, Amended Exhibit B, and Amended Exhibit C, which shall replace the Exhibit A, Exhibit B. and Exhibit C filed with this Joint Resolution, along with a letter so providing describing the adjustments to each section of the OAA and referencing this section of this Joint Resolution. 12. Reserved. 13. No Hearing Required. All annexations contemplated by this Joint Resolution in the OAA shall not require a hearing or any consideration by the State Department of Administration, or its successor agency. The City and Township agree that, upon the occurrence of an event triggering annexation as provided herein for any land located within the OAA, the City shall provide written notice of such occurrence to the Township, and upon receipt of a resolution of the City (referred to as the "Annexation Resolution") describing such area along with a copy of this Joint Resolution, the Department of Administration or its successor agency, may review and comment, but shall within thirty (30) days ofreceipt of the Annexation Resolution and a copy of this Joint Resolution, order the annexation of the area designated in the Annexation Resolution in accordance with the terms and conditions of this Joint Resolution. The City and Township agree that no alteration of the stated boundaries as described in the Annexation Resolution is appropriate, that no consideration by the Department of Administration, or its successor agency, is necessary, and that all tenns and conditions for annexation are provided for in this Joint Resolution. Provided that the requisite terms and conditions have been met as contained in this Joint Resolution, the Township shall not object to an annexation initiated by the City filing an Annexation Resolution with the Department of Administration, or its successor agency. As of the effective date of this Joint Resolution, there is no election requirement in the law to effect or accomplish an annexation. No such election shall be required or apply to any annexation provided herein either now or during any period during which this Joint Resolution is in effect. 14. Disputes and Remedies. Subject to Paragraph 3, the City and Township agree as follows: a. Negotiation. When a disagreement over interpretation of any provision of this Joint Resolution shall arise, the City and the Township will direct staff members, as they deem appropriate, to meet at least one (I) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. b. Mediation/ Arbitration. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an interpretation of any provision of this Joint Resolution, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation and/or binding arbitration. c. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution or are unable to agree to submit their respective grievances to mediation or binding arbitration, or such action has not otherwise resolved the matter in dispute, either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this Joint Resolution and any other available remedies at law or equity, in the case of a violation, default, or breach of any provision of this Joint Resolution, the non-violating, non-defaulting, or non-breaching party may bring an action for specific perfonnance to compel the perfonnance of this Joint Resolution in accordance with its terms. 15. Termination. This Joint Resolution shall remain in full force and effect until one of the following conditions take place, whichever comes first: a. Termination by mutual written joint resolution of the City and Township; or b. The remainder of the Township is annexed resulting in the merger of the City and Township; or c. January 1, 2040. 16. Governing Law. This Joint Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota. 17. Modification/ Amendment. Except as otherwise provided herein, this Joint Resolution shall not be modified, amended, or altered except upon the written joint resolution of the City and the Township duly executed and adopted by the City Council and the Township Board of Supervisors and filed with the Department of Administration, or its successor agency. 18. Severability. ln the event that any provision of this Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 231940v9 231940v9 19. Headings and Captions. Headings and captions are for convenience only and are not intended to alter any of the provisions of this Joint Resolution. 20. Entire Agreement. The tenns, covenants, conditions and prov1S1ons of this Joint Resolution, including the present and all future attachments, shall constitute the entire agreement between the parties hereto, superseding all prior agreements and negotiations. This Joint Resolution shall be binding upon and inure to the benefit of the respective successors and assigns of the City and Township. 21. Notice. Any notices required under the provisions of this Joint Resolution shall be in writing and sufficiently given if delivered in person or sent by U.S. mail, postage prepaid, as follows; If to the City: City Administrator Monticello City Hall 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 If to the Township: Township Clerk Monticello Township 8550 Edmonson Ave. NE Monticello, MN 55362 22. Liability and Insurance. The City, Township, and Wright County will each maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employees or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. The City, Township, and Wright County shall each be liable for the acts or omissions of its own officers, directors, employees, or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of any other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. In the event of any claims or actions asserted or filed against any other party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. Each party warrants that it is able to comply with indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, Minnesota Counties Intergovernmental Trust, or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The parties agree that liability under this Agreement is controlled by Minn. Stat. § 471.59, Subd. I a, and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minn. Stat.§ 466.04, Subd. l(a). Passed, adopted, and approved by the ~nship Board of Supervisors of the Township of Monticello, Wright County, Minnesota, this ;?./ day of Oifo/,er , 2024. TOWNSHIP OF MONTICELLO By: /ht,IJ (. 1U-- B8cir C. 1Gi:k£t2. , Chair ATTEST: ~ ,J111,wa , Township Clerk Passed, a/4111d, and approve~y the City Council of the City of Monticello, Wright County, Minnesota, this day of {JC kr(V , 2024. CITY OF MONTICELLO By:~ 231940v9 ' uoyA lh lj A Yr 'Mayor J:f:l~{) RAtl1 e,,l L~onar-J City Administrator Passed, adopted, and approved by the Wright County Board of Commissioners, Wright County, Minnesota, this H,"' day of t>ct-.t:,.c..---, 2024 . • ATTEST: ~ ... ~:f. &, l r-, Interim County Administrator 231940v9 EXHIBIT A The municipal boundary map referenced in Paragraph 1 of the attached Joint Resolution showing the current City of Monticello and the OAA legally described in Exhibit B. is attached hereto. 231940v9 EXHIBIT B The OAA shown in Exhibit A and referenced in the attached Joint Resolution is legally described as follows: Lands in Township 121, Range 25, Wright County, Minnesota: All of Sections 5, 9, and 16, Township 121. Range 25, Wright County, Minnesota. And also that part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 121, Range 2S, Wright County, Minnesota, lying southwesterly of Interstate Highway No. 94. And also that part of Section 4, Township 121, Range 25, Wright County, Minnesota, lying southwesterly oflnterstate Highway No. 94. And also the Northeast Quarter, the cast-half of the Northeast Quarter of the Northwest Quarter and the north-half of the Southeast Quarter, all in Section 8, Township 121, Range 2S, Wright County, Minnesota. And also all that part of Section 10, Township 121, Range 25, Wright County, Minnesota lying southwesterly and westerly of the existing City of Monticello corporate limits. And also the east-half of Section 13, Township 121, Range 25, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 15, Township 121, Range 25, Wright County, Minnesota, lying westerly of the existing City of Monticello corporate limits. And also the Northeast Quarter of Section 21, Township 121, Range 25, Wright County, Minnesota. And also all of the north-half of Section 22, Township 121, Range 25, Wright County, Minnesota, and that part of the south-half of said Section 22 lying easterly of State Trunk Highway No. 25. And also that part of Section 23, Township 121, Range 25, Wright Count, Minnesota lying southerly of the existing City of Monticello corporate limits. And also that pa1i of Section 24, Township 121, Range 25, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. And also the north-half of Section 25, Township 121, Range 25, Wright County, Minnesota. 231940v9 And also the north-half of Section 26, Township 12L Range 25, Wright County, Minnesota. And also that part of the north-half of Section 27, Township 121, Range 25, Wright County, Minnesota, lying easterly of State Trunk Highway No. 25. Lands in Township 121, Range 24, Wright County, Minnesota: All of Section 7, Township 121, Range 24, Wright County, Minnesota. And also that part of the south-half of Section 8, Township 121, Range 24, Wright County, Minnesota, lying westerly of Government Lot 4 in said Section 8. And also all of the west-half, the west-half of the Northeast Quarter, and the west-half of the Southeast Quarter, all in Section 17, Township 121, Range 24, Wright County, Minnesota. And also Section 18, Township 121, Range 24, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 19, Township 121, Range 24, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. An.d also the Northwest Quarter, the west-half of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter and the north-half of the Southwest Quarter, all in Section 20, Township 121, Range 24, Wright County, Minnesota. And also all of the north-half of section 30, Township 121, Range 24, Wright County, Minnesota, and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30. Lands in Township 122, Range 25, Wright County, Minnesota: The east-half of the Southeast Quarter of Section 30, Township 122, Range 25, Wright County, Minnesota. And also the Northeast Quarter of the Southeast Quarter and the cast-half of the Northeast Quarter of Section 31, Township 122, Range 25, Wright County, Minnesota. And also that part of Section 32, Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City or Monticello corporate limits. And also that part of the Southwest quarter of the Southwest Quarter of Section 33, Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City of Monticello corporate limits. 231940v9 EXHIBITC The OAA section map referenced in Paragraph 11 of the attached Joint Resolution, showing the sections of the OAA in the Township for purposes of expansion is attached hereto. 231940v9 Exhibits A, B and C shall be amended to create a straight line as the southern boundary of the Orderly Annexation Area. This change is accomplished by amending the legal descriptions of property included within Exhibit B as follows. , For Lands in Township 121, Range 24, Wright County, Minnesota: Alter the final paragraph of this section to eliminate the phrase "and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30." The new paragraph shall therefore read: And also all of the north-half of Section 30, Township 121, Range 24, Wright County, Minnesota. No other changes to Exhibits A, B and C are proposed or adopted herein, and the prior exhibits as amended are included herein by reference. 231940v9 Orderly Annexation Agreement MONrlCELLO Municipal Boundary Map and OAA Exhibit A $ 01111-■~ic:=::::s:, .... ,.. ____ ,1111110.or.,. Legend Orderly Annexation Atta City of Monticello c:J Monticello Township Boundary .A WSB -·-- COMPREHENSIVE PLAN | NOVEMBER 23RD, 2020 ADOPTION LAND USE, GROWTH AND ORDERLY ANNEXATION 6 INTRODUCTION The Land Use, Growth and Orderly Annexation Chapter outlines the goals, policies and land use strategy that will guide future land use development and decision- making in the community as well as in the Orderly Annexation Area (MOAA). The MOAA is included in this land use plan to help plan for and ensure orderly and efficient growth, and to protect and maintain the MOAA until that growth occurs. This Chapter also serves to inform other aspects and chapters of the Comprehensive Plan, including transportation and mobility, housing, community facilities and parks and open space. Overall, the Future Land Use Plan will help define the pattern and location of development in the City for the next 20 years. Monticello desires a balanced land use pattern to ensure a stable and growing tax base that promotes economic diversity and resiliency to changes in the local, regional, state and national economy. The Future Land Use Plan describes a strategic, recommended pattern of land uses in the City and MOAA. The strategy also emphasizes the improvement and enhancement of Monticello’s downtown and surrounding traditional neighborhood blocks, the repositioning of the City’s commercial areas to take advantage of emerging economic opportunities, and the diversification of the tax base through ongoing economic development efforts that promote job growth and expand existing employment centers. The Future Land Use Map (FLUM) illustrates land use planning according to specific land use categories. In addition, this Chapter is an important tool for achieving Monticello’s environmental sustainability and public health goals. Specific policies and strategies are included that advance an efficient land use and transportation pattern to reduce greenhouse gases and promote clean air and water, provide new mobility options, support local businesses, and is accessible and inclusive of persons of all ages, races and physical capabilities. This Chapter supports goals for economic sustainability consistent with the Economic Development Chapter. This Chapter also integrates transportation strategies recommended in the Mobility and Connectivity Chapter with an aim toward implementing a complete multi-modal transportation system. This Chapter introduces concepts that reinforce goals and strategies for other chapters of the Monticello 2040 Plan, including Parks, Pathways and Open Space and Community Character. Land Use Categories Acreage Residential (Single-Family, Twin and Townhomes, Multi-Family, Manufactured)3,479 Agriculture 1,078 Vacant (Only Commercial and Industrial Designated Land)1,112 Infrastructure (Railway, ROW, Utility)465 Open Space (Natural Resources, Parks and Open Space)457 Commercial 425 Industrial 194 TABLE 3.1: EXISTING LAND USE ACREAGES (WITHIN CITY BOUNDARIES) Source: City of Monticello Geographic Information System (GIS) 2019 Existing Land Use Data Downtown Monticello Looking East on West Broadway Street MONTICELLO 2040 VISION + PLAN 7MONTICELLO 2040 VISION + PLAN MONTICELLO, MN LAND USE CONTEXT MAP - EXHIBIT 3.1 DECEMBER 2020 1 inch = 2,250 feet PROJECT TEAM: PREPARED FOR: CITY OF MONTICELLO THE LAKOTA GROUP WSB © 2020 THE LAKOTA GROUP LAND USE CONTEXT MAP EXHIBIT 3.1 North City of Monticello Boundary Monticello Orderly Annexation Area (MOAA) Monticello Township Boundary Parcels Streets Railroad Water Bodies 94 25 131 94 PIN E S T PIN E S T ELM S T ELM S T BRO A D W A Y S T BRO A D W A Y S T CHE L S E A R D CHE L S E A R D JA S O N A V E N E JA S O N A V E N E ED M O N S O N A V E ED M O N S O N A V E FE N N I N G A V E FE N N I N G A V E SCHOOL BLVDSCHOOL BLVD 85TH ST NE85TH ST NE COUNTY RD 39 NECOUNTY RD 39 NE COUN T Y R D 3 9 N E COUN T Y R D 3 9 N E COUNTY RD 37 NECOUNTY RD 37 NE COUNTY RD 37 NECOUNTY RD 37 NE 80TH ST NE80TH ST NE COMPREHENSIVE PLAN | NOVEMBER 2 3RD , 2020 ADOPTION LAND USE CONTEXT MAP EXHIBIT 3.1 City of Monticello Boundary Monticello Orderly Annexation Area (MOAA) Monticello Township Boundary Parcels Streets Railroad Water Bodies North LAND USE, GROWTH AND ORDERLY ANNEXATION 8 GROWTH STRATEGY Monticello’s growth strategy balances land use development needs with real estate market demand, and transportation and infrastructure improvement requirements to ensure an orderly and efficient use of land and resources. There is a significant amount of development potential within Monticello’s existing municipal boundary and even greater potential in the surrounding MOAA. Therefore, for the next 20 years, the general growth strategy prioritizes development of remaining available vacant land within existing boundaries and the downtown and surrounding area before substantially developing and annexing land within the MOAA. The growth strategy has three objectives: • Encourage growth which creates a strong and vibrant place to live, work, shop and recreate, with focused infill development and redevelopment to create a vibrant downtown and core community; development which provides a range of housing, employment and economic opportunity; development which provides both a walkable community and safe multi-modal transportation options; and development which sustains and enhances the natural amenities of Monticello. • Support investment and reinvestment within the existing city boundary of Monticello, directing development into areas of Monticello already serviced or planned to be serviced by roads and utilities, while also thoughtfully designing and limiting development within and around sensitive natural areas. • Ensure the managed development of appropriate and compatible land uses which is resilient to shifts and changes in the economy, real estate market and consumer demand, and responds to a changing tax base. Another aspect of the growth strategy is the designation of significant portions of the MOAA as a Development Reserve. This is land reserved for an extended, longer-term growth horizon beyond 2040 and the time horizon of this Comprehensive Plan. However, some development in the MOAA is likely to occur before 2040 and Monticello should adjust its land use policies and decision- making with some measure of flexibility to accommodate new development proposals as they occur. As long as development proposals meet the overarching land use planning goals presented in this Comprehensive Plan, an amendment to the Plan is the proper procedure for consideration of such projects. Consideration for projects in the MOAA and annexation requests will follow the current annexation agreement parameters, or any future amendments to the agreement. Growth and development within the MOAA would naturally follow the existing roadway network and its potential for expansion as well as the availability of utility infrastructure, specifically sewer and water lines provided as City services. Specific projects will require analysis of utility and infrastructure needs, roadway network capacity, as well as land use compatibility. Given the MOAA’s existing land area and its growth potential, its full development build-out would occur over a much longer time period, extending beyond the 20-year timeline of this plan. Land in the Monticello Orderly Annexation AreaBriar Oakes Residential Property, Source: City of Monticello LAND USE, GROWTH AND ORDERLY ANNEXATION 10MONTICELLO 2040 VISION + PLAN MONTICELLO, MN GROWTH STRATEGY MAP - EXHIBIT 3.2 DECEMBER 2020 1 inch = 2,250 feet PROJECT TEAM: PREPARED FOR: CITY OF MONTICELLO THE LAKOTA GROUP WSB © 2020 THE LAKOTA GROUP GROWTH STRATEGY MAP EXHIBIT 3.2 North Primary Growth Secondary Growth Tertiary Growth Land - Not Applicable City of Monticello Boundary Monticello Orderly Annexation Area (MOAA) Parcels Streets Railroad Water Bodies Note: The land categorized “Not Applicable” is either: • located outside the Monticello Township boundary • protected as a wetland • designated as Open Space and Resource Conservation or City Parks and Recreation 94 25 131 94 PIN E S T PIN E S T ELM S T ELM S T BRO A D W A Y S T BRO A D W A Y S T CHE L S E A R D CHE L S E A R D JA S O N A V E N E JA S O N A V E N E ED M O N S O N A V E ED M O N S O N A V E FE N N I N G A V E FE N N I N G A V E SCHOOL BLVDSCHOOL BLVD 85TH ST NE85TH ST NE COUNTY RD 39 NECOUNTY RD 39 NE COUN T Y R D 3 9 N E COUN T Y R D 3 9 N E COUNTY RD 37 NECOUNTY RD 37 NE COUNTY RD 37 NECOUNTY RD 37 NE 80TH ST NE80TH ST NE COMPREHENSIVE PLAN | NOVEMBER 23RD, 2020 ADOPTION North GROWTH STRATEGY MAP EXHIBIT 3.2 Primary Growth Secondary Growth Tertiary Growth Land - Not Applicable City of Monticello Boundary Monticello Orderly Annexation Area (MOAA) Parcels Streets Railroad Water Bodies Note: The land categorized “Not Applicable” is either: • located outside the Monticello Township boundary • protected as a wetland • designated as Open Space and Resource Conservation or City Parks and Recreation MONTICELLO 2040 VISION + PLAN 13 FUTURE LAND USE MAP EXHIBIT 3.3 City of Monticello Boundary Monticello Orderly Annexation Area (MOAA) Parcels Streets Railroad Water Bodies Development Reserve (DR) Open Space and Resource Conservation (OSRC) City Parks and Recreation (PR) Estate Residential (ER) Low-Density Residential (LDR) Traditional Residential (TR) Mixed Neighborhood (MN) Mixed-Density Residential (MDR) Manufactured Home (MH) Downtown Mixed-Use (DMU) Community Commercial (CC) Regional Commercial (RC) Commercial and Residential Flex (CRF) Employment Campus (EC) Light Industrial Park (LIP) General Industrial (GI) Public and Institutional (P) Xcel Monticello Nuclear Generating Plant (MNGP) North MONTICELLO 2040 VISION + PLAN 21 Land Use Categories Acreage Development Reserve 3,100 Open Space and Resource Conservation 1,171 City Parks and Recreation 418 Estate Residential 1,102 Low-Density Residential 2,198 Traditional Residential 74 Mixed Neighborhood 635 Mixed-Density Residential 348 Manufactured Home 135 Downtown Mixed-Use 48 Community Commercial 125 Regional Commercial 433 Commercial and Residential Flex 174 Light Industrial Park 757 General Industrial 220 Employment Campus 752 Public and Institutional 268 Xcel Monticello Nuclear Generating Plant 616 TABLE 3.7: FUTURE LAND USE ACREAGES Note: This acreage includes both developed and undeveloped land within the City and MOAA. LAND USE, GROWTH AND ORDERLY ANNEXATION 48 NORTHWEST STUDY AREA A new industrial and employment focused area is envisioned in the northwest part of the MOAA. This study area is currently not within the City boundaries, but it is adjacent. Future growth and development are largely dependent on a future Interstate 94 interchange location at Orchard Road. Without an interchange, additional study is needed to evaluate the capacity for development. This area’s visibility and large tracts of vacant land also make it attractive for potential development and with a new Interstate interchange. This area has immense potential for a range of employment generating uses such as research and technology, advanced manufacturing, and warehousing and distribution uses. This area has been designated as Light Industrial Park and Employment Campus to anticipate these uses and signify its intent for superior design character as a premier large-scale business park. A small amount of regionally-oriented commercial uses is also possible here adjacent to a new interchange and has been designated as such. New Northwest Interchange A new interchange will continue to be contemplated and identified as a future transportation improvement in the Monticello segment of Interstate 94. This decision will largely be based on vehicular demand and future funding allocation by the U.S. and Minnesota Departments of Transportation. The Orchard Road area is identified as the preferred location for a future interchange with Interstate 94 due to the distance from the existing interchange at State Highway 25, which meets State criteria, the amount of available land area needed for interchange construction, proximity to existing major employers, and nearby vacant tracts of land that could support future development. Once interstate access is provided, the area has potential for significant growth and investment as a regionally oriented business and employment center. Residential Growth Some residential growth can also be anticipated in this area on lands designated as Estate Residential in the southern portion of the area and along County Highway (CSAH) 39. This could provide for future residential growth needs, and given the close proximity of natural resources, should be considered under the Neighborhood Conservation Overlay District when and if developed as residential. Resource Conservation Development planning for this area must consider the impacts on significant existing natural resources in this area. Creeks, wetlands, woodlands, and potential wildlife habitat/corridors all exist within the Study Area. Some of these areas may provide buffers or screening to adjacent land uses and designed as an integral part of the development as an amenity or passive park feature. This area will need careful evaluation for its continued protection and utilization as development occurs in its proximity. Transportation and Connectivity The planning of new roads, trails and access points will be critically important and help ensure the vision of a connected and mobile Monticello community, including this Study Area. New roadways and transportation improvements will be required and developed consistent with complete streets concepts and trail plan. Utilities/Infrastructure The extension of proper utilities to this area is also a major consideration in planning and facilitating new development. All future development plans for this area shall strive for efficient utilization of capital investments that minimize maintenance and service costs. For example, green infrastructure techniques to manage stormwater runoff should be applied to all new development in this study area. Incorporating existing streams and wetlands into development should also be considered whenever possible. However, given its long-term development horizon, detailed utility and infrastructure plans will be needed prior to development of the area. Monticello Wastewater Treatment Facility LAND USE, GROWTH AND ORDERLY ANNEXATION 50 MONTICELLO TOWNSHIP AND COUNTY LAND USE MONTICELLO TOWNSHIP AND WRIGHT COUNTY The lands located within both Monticello Township and in Wright County outside of the MOAA will not receive a specific land use designation. The Comprehensive Plan recognizes the Wright County Land Use Plan ‘Rural Residential’ and ‘Agricultural’ use land use designations for this area. The intent of the Monticello Comprehensive Plan is to remain consistent with the County designations and coordinate land use decisions as needed with Wright County and the MOAA Board for any proposed land use changes under their jurisdiction prior to annexation. It is noted that the City will need to complete utility and transportation planning within and beyond the MOAA to respond to the current agreement and ensure efficient development. SHERBURNE COUNTY Sherburne County and Big Lake Township are located directly across the Mississippi River from Monticello. These areas are governed by the Sherburne County Comprehensive Land Use Plan. Big Lake Township maintains joint zoning authority with Sherburne County, and they also maintain parallel zoning and subdivision ordinances. The Sherburne County Comprehensive Land Use Plan designates the Highway 25 corridor as ‘Business and Industry’ with growth pressure expected along this corridor given its access to Interstate 94 via Highway 25 in Monticello. The Land Use Plan also designates portions of Sherburne County along the Mississippi as ‘Rural Residential’ and the remaining areas in proximity to Monticello as ‘Agricultural’. Monticello will cooperate and plan proactively with Sherburne County and Big Lake Township on land use, transportation, open space preservation, the Mississippi River, and other relevant regional planning issues. Land in the Monticello Township View of the City of Monticello From Across the Mississippi River in Sherburne County 218MONTICELLO 2040 VISION + PLAN MONTICELLO, MN TRANSPORTATION STRATEGIES MAP (DRAFT) - EXHIBIT 4.6 DECEMBER 2020 1 inch = 2,250 feet PROJECT TEAM: PREPARED FOR: CITY OF MONTICELLO THE LAKOTA GROUP WSB © 2020 THE LAKOTA GROUP TRANSPORTATION STRATEGIES MAP EXHIBIT 9.1 North City of Monticello Boundary Orderly Annexation Area (OAA) Monticello Township Boundary Big Lake Boundary Parcels Streets Railroad Water Bodies Proposed Intermodal Facility Park and Pool Big Lake Northstar Station Northstar Commuter Rail Line Proposed Northstar Shuttle Route Future Roadways Future Interchange Future Intersection Future Pathway/Trail/Sidewalks Great River Regional Trail Trailhead P Note: Future pathways, trails, and sidewalks are shown for general location only. Final alignments to be determined with detailed planning. Future river crossings are being studied by the Central Mississippi River Regional Planning Partnership. 94 25 131 94 PIN E S T PIN E S T ELM S T ELM S T BRO A D W A Y S T BRO A D W A Y S T CHE L S E A R D CHE L S E A R D JA S O N A V E N E JA S O N A V E N E ED M O N S O N A V E ED M O N S O N A V E FE N N I N G A V E FE N N I N G A V E SCHOOL BLVDSCHOOL BLVD 85TH ST NE85TH ST NE COUNTY RD 39 NECOUNTY RD 39 NE COUN T Y R D 3 9 N E COUN T Y R D 3 9 N E COUNTY RD 37 NECOUNTY RD 37 NE COUNTY RD 37 NECOUNTY RD 37 NE 80TH ST NE80TH ST NE COMPREHENSIVE PLAN | NOVEMBER 23RD, 2020 ADOPTION North City of Monticello Boundary Orderly Annexation Area (OAA) Monticello Township Boundary Big Lake Boundary Parcels Streets Railroad Water Bodies Proposed Intermodal Facility Park and Pool Big Lake Northstar Station Northstar Commuter Rail Line Proposed Northstar Shuttle Route Future Roadways Future Interchange Future Intersection Future Pathway/Trail/Sidewalks Great River Regional Trail Trailhead 1. Strategy 1.2.1 2. Strategy 1.3.1 3. Goal 3 4. Goal 4 5. Strategy 4.1.1 6. Strategy 4.2.1 7. Strategy 4.2.2 8. Strategy 4.3.1 9. Strategy 5.1.2 10. Strategy 5.2.2 11. Strategy 5.2.4 P P P TRANSPORTATION STRATEGIES EXHIBIT 9.1 Note: Future pathways, trails, and sidewalks are shown for general location only. Final alignments to be determined with detailed planning. Future river crossings are being studied by the Central Mississippi River Regional Planning Partnership. 1 2 3 4 5 8 9 10 11 6 7 IMPLEMENTATION Prepared for: City of Monticello, MN Prepared by: Bolton and Menk, Inc. Industrial Development Feasibility Study FINAL REPORT Industrial Development Feasibility Study Monticello, Minnesota BackgroundJune 9, 2022 4Background Owning Monticello’s Future NW GROWTH AREA EAST GROWTH AREA Well-informed land use decisions are part of Monticello’s broader eff ort at strategically transitioning from an energy-based economic foundation towards a diversifi ed economic and land use base. Towards that end, this study looks at two large areas on the edges of the city and their potential to support the city’s goals of being a regional center, growing a balanced tax base, and promoting job growth. This study is another important step towards putting Monticello in the driver’s seat of its own destiny - to proactively determine and attract the type(s) of development the City desires, rather than to only receive residual development interest from Saint Cloud and Twin Cities, and to support a transition from an energy-based economy. Doing so will support the identity of the community as a regional center, located on a great river, with a downtown, and superior amenities that attract families and businesses who desire these qualities - Monticello is not just a “highway town between two metro areas.” Yet, the City must still address several larger regional issues that impact it precisely because it is between two large metros: surrounding exurban land use patterns, market competition with nearby communities, the potential of a new interchange, and the possibility of a future new bridge crossing. In this study the City explores three development scenarios for each growth area - two scenarios in each area that consider a future interchange, and one without. Each scenario, and associated cost estimates, provide a preliminary framework in which the City can evaluate growth feasibility, strategies, and necessary allocation of resources. This study recommends that the City pursue growth via three approaches: 1. Concentrate expanding infrastructure to catalyze future development and an interchange/bridge, within the Northwest growth area 2. Incrementally develop contiguous residential lands within the East growth area, as outlined in the Comprehensive Plan. 3. Continue pursuing infi ll growth for available land within the city’s existing border This approach will allow the City to promote higher quality development where it can be effi ciently served with existing and future infrastructure, and protect its identity as a regional center through land management on its eastern edge. 1 1 2 2 Towards a Resilient Economy 8Industrial Development Feasibility Study Monticello, Minnesota BackgroundJune 9, 2022 8Background To foster economic sustainability and market resilience, cities should seek to diversify their tax base while fi nding benefi cial ways to support area growth, in alignment with community needs and visions. Principles that are emerging from the City’s eff orts on this front are summarized below: • Diversifi cation is good practice, regardless of plant status. A more robust and diversifi ed tax base will provide a more sustainable economic future as resilience against future economic cycles and shocks. Even if the plant remains open for the long term, the approach here will support a stronger and healthier local economy. • Gradual changes over time are advisable. Rather than banking on a sudden shift, incremental changes over the next few decades are more achievable and manageable. In fact, reliance on Xcel has been decreasing since 2016, due to changes in how the property is valued and increase in other city development. This has gone from 61% of tax capacity in 2016 to 53.5% in 2021. • City guidance is needed to optimize outcomes. The city has acknowledged for many years that a strategic and proactive approach will be critical to a strong transition from MNGP. This involves not just direct economic development assistance but considering how to align city goals and actions across multiple areas. Monticello’s top 15 taxpayers, and their tax capacity, as noted in the city’s 2040 Comprehensive Plan. Industrial Land Use Supply Monticello has approximately 200 acres of land for industrial and employment uses in its existing inventory, with 95 gross acres available for industrial development - most of it located in the City’s two industrial parks. The City’s newest industrial park, Otter Creek Business Park (100 acres), has an estimated 48 gross acres suitable for development including 23 acres in several shovel-ready sites. Monticello also has limited land available in Oakwood Industrial Park (also 100 acres) for both development and redevelopment. Most of the sites in Oakwood are approximately 5 acres. The supply of available land and estimated annual industrial land absorption rate suggests that the city will likely be able to accommodate small to mid- sized uses for 20+ years on a variety of small to medium sized sites (2-15 acres). However, with the prospect of large-scale possibilities, Monticello is looking beyond existing inventory to see what areas could be made available beyond the city’s existing land supply. In particular, warehousing and distribution uses, which may be attracted by Monticello’s proximity to the metro area and access to I-94, would require sites that are signifi cantly larger than what is currently available. Additionally, it takes time to acquire and prepare land for industrial development, as even private development requires public infrastructure. Conducting this study in advance of specifi c interests intends to proactively position the city for strategic growth. Northwest Study Area East Study Area Otter Creek Business Park Oakwood Business Park Comparison of Monticello’s Two Business Parks Size Land Use Undeveloped Otter Creek Business Park 130 ac light industrial 48 ac Oakwood Business Park 110 ac general industrial 15 ac Industrial Land Uses and the Comprehensive Plan Industrial Land Uses and the Comprehensive PlanIn Monticello 2040, the City’s comprehensive plan, the future land use map guides approximately 1,729 acres for industrial and employment uses. The comprehensive plan identifi es three land use types: Light Industrial Park (757 acres), General Industrial (220 acres), and Employment Campus (752 acres). • Light Industrial Park (LIP) guides areas for warehousing and distribution, manufacturing, research and development, medical laboratories, computer technology, and professional and corporate offi ces. Floor area ratio is 0.50 to 0.75, with a height of up to four stories and no minimum lot size. This corresponds to the zoning designation Light Industrial District (I-1). • General Industrial (GI) guides areas for light manufacturing, small warehouse and delivery operations, recycling facilities, production brewing, and construction and contracting yards. Floor area ratio is 0.50 to 0.75, with a height of up to two stories and no minimum lot size. This corresponds to the zoning designation Heavy Industrial District (I-2). • Employment Campus (EC) guides areas for research and development, medical laboratories, advanced manufacturing, green technology, renewable energy, computer technology, professional and corporate offi ces, light manufacturing, and industrial engineering facilities, along with some limited commercial. Floor area ratio is 0.50 to 0.75, with a height of up to six stories and no minimum lot size. This corresponds to the zoning designation Business Campus District (IBC). Employment Campus Light Industrial Park General Industrial Industry and Employment in Monticello 11Industrial Development Feasibility Study Monticello, Minnesota BackgroundJune 9, 2022 11Background Monticello Future Land Use Map The majority of land use guidance in the NW Site is industrial and commercial, while low-density residential and preservation lands encompass the East Site. Existing Industrial Supply 38Industrial Development Feasibility Study Monticello, Minnesota June 9, 2022 Cost / Benefit and Conclusions 38 Jobs provide numerous benefi ts, including wages, auxiliary economic impacts as employees spend wages, and are a motivator for resident attraction and retention. The Northwest Site, due largely to its higher total acreage of developable land, is estimated to have the potential of producing signifi cantly more jobs than East Site scenarios - as much as a two-fold capacity increase. This magnitude of job creation however relies heavily on the introduction of an interchange at either site. If an interchange is not located in either location, only the NW Site provides the opportunity for job creation. While much lower than with an interchange, there could still be as many as 1050 jobs in an interchange-less NW site, compared to 0 jobs in the East Site. The possibility of up to 4300 jobs - a NW Alternative A with interchange and full buildout - would be a major increase for Monticello. Such job growth would require city attention towards providing a proportionate amount of new housing and city services. Page 41 outlines scenario-specifi c job growth estimates. Each scenario was carefully crafted and assessed to refl ect the highest level of compatibility with existing and planned city land use and transportation goals. As such, all scenarios provide community benefi ts through the progression of expressed community goals: Land Use • New Land Use Designations. Land use categories, thresholds, and development standards were developed using future land use categories outlined in the City’s comprehensive plan. • Density Ranges for Residential. Following Comprehensive Plan guidance, residential units are assumed at a range of densities. • Focus on Industrial Employment Uses. The crux of this study, each scenario envisions land uses that introduce industrial employment uses of varying intensities and types. Mobility and Connectivity • Planned Roadway and Complete Streets. Each scenario outlines possible roadway networks that prioritize safe accessibility and connectivity to and through the study sites. • Pathways and Connectivity. All six scenarios maintain viable land and accommodations for desired greenway trail connections. • Transit. While not explicitly detailed in this study, employment centers such as those envisioned in NW Site Scenarios A & B could possible justify the expansion of transit services tho those areas. Jobs Compatibility with City Land Use and Livability Potential Benefi ts of New Development Tax Base New development provides signifi cant opportunities to continue growing and diversifying the City’s tax base. New construction provides a more robust tax base, and additional sources of City income. As Monticello seeks to diversify its tax base, continuing to broaden its commercial, offi ce, and industrial uses are necessary to establish a resilient economic foundation. Ranging from $1.8M - $17M, each of the six scenarios provide the opportunity for signifi cant increases in local tax capacity. Not surprisingly, the inclusion of an interchange and bridge at either location greatly increases the feasible development footprint and subsequent tax capacity, for either site. Comparing the two areas, the NW Site presents the City with signifi cantly higher tax capacity and economic development opportunities. Averaging the tax capacities of each site’s interchange-based scenarios, there is an estimated 240% increase of the NW Site compared to the East Site. As noted previously, this is due largely to the density presented by the employment campus in the NW Site. If no interchange is located at either location, the NW Site sees an estimated 416% higher tax capacity than the East Site. Page 41 outlines scenario-specifi c tax capacity estimates. City Council Agenda: 6/23/2025 4B. Consideration of approving a contract with Bolton and Menk, Inc. for engineering services for the expansion of a public downtown shared use parking lot in the amount of $28,483 Prepared by: Public Works Director/City Engineer Meeting Date: 6/23/2025 ☐ Consent Agenda Item ☒ Regular Agenda Item Reviewed by: Community Development Director, Assistant City Engineer, Finance Director Approved by: City Administrator ACTION REQUESTED Motion to approve a contract with Bolton and Menk, Inc. for engineering services for the expansion of a public downtown shared use parking lot in the amount of $28,483. PREVIOUS COUNCIL ACTION June 9, 2025: The City Council reached a consensus for staff to proceed with planning additional downtown parking, using funds transferred from the DMV fund. REFERENCE AND BACKGROUND As part of the Downtown Roadway and Pedestrian Improvements Project, the City constructed a shared use public parking lot off Walnut Street, between River Street and Broadway. The City secured public parking easements from five properties in the area for the creation of this parking lot, and construction was completed as part of the Downtown Roadway and Pedestrian Improvements Project. The City also acquired the property at 200 West River Street to support the future expansion of the public parking lot. With recent redevelopment activity in the downtown area and the increased use of new amenities in West Bridge Park, it is proposed to complete the first phase of this parking lot expansion in 2025. The expansion would connect the existing parking lot north towards River Street providing a secondary River Street access point for the lot. The construction will include the following improvements: • Installation of curb and gutter where the parking lot boundary is final • Installation of asphalt surfacing and pavement markings City Council Agenda: 6/23/2025 • Installation of a fence along the westerly property line for screening between the parking lot and the adjacent existing residential property • Stormwater facilities as required • Removal of the existing garage at 200 West River Street • Modifications to the rear deck at 200 West River Street Braun Intertec will conduct an environmental assessment of the garage structure, which is a required step to obtain the demolition permit. The cost of this assessment is $2,250 and is included in the overall contract amount. The project is expected to be bid this summer with an opening in August. I. Budget Impact: The project is not included in the 2025 budget, and a transfer from the Deputy Registrar Fund to the Capital Projects Fund is proposed to fund the project. The total project cost is estimated at $140,000. II. Staff Workload Impact: Staff will be involved in coordinating design and construction of the project. III. Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan, Chapter 4, highlights the role of increasing mobility and connectivity and the expansion of parking facilities to increase access and to reduce congestion. The Downtown Small Area Plan, which is included in the comprehensive plan, provid es specific guidelines for enhancing public parking to support local businesses and community activities. STAFF RECOMMENDED ACTION City staff recommend approval of a contract with Bolton and Menk, Inc. for the completion of this work. SUPPORTING DATA • Proposal Letter 2040 Highway 12 East Willmar, MN 56201 Phone: (320) 231-3956 Bolton-Menk.com June 17, 2025 Matt Leonard Public Works Director/City Engineer City of Monticello 505 Walnut Street Monticello, MN 55362 RE: Proposal for Design and Construction Professional Services Block 51 Parking Lot Expansion Monticello, Minnesota Dear Matt: Bolton & Menk, Inc., is pleased to present this proposal for professional services related to the proposed Block 51 Parking Lot Expansion project behind Drawers of Davlee and Bliss Salon in Monticello, MN. This proposal will define our scope of work and provide you with an estimate of the cost of these services. This proposal is subject to the attached Terms of Proposal. If this proposal and the attached terms are acceptable, please sign on the bottom of page 5 to verify your acceptance. Please return a signed copy to me and I will secure signatures on behalf of Bolton & Menk and return one fully executed copy to you. When signed, this proposal and the attached terms shall constitute the agreement between the City of Monticello and Bolton & Menk, Inc. We look forward to helping the City of Monticello complete the Block 51 Parking Lot Expansion project. Please feel free to contact me if you have any questions or if you require any additional information. Respectfully submitted, Bolton & Menk, Inc. Justin Kannas, P.E. Principal Engineer Attachments: Terms & Conditions of Proposal Appendix – Fee Schedule 2025 Schedule of Fees Braun Intertec Proposal for Pre-Demolition Hazardous Materials Survey Concept Plan B L O C K 5 1 P A R K I N G L O T E X P A N S I O N | C I T Y O F M O N T I C E L L O B O L T O N & M E N K | 2 DESCRIPTION OF PROPOSED PROJECT The project includes the expansion of an existing parking lot in Monticello, Minnesota. Our design proposal is based on the attached concept plan. It is anticipated that the final design elements will consist of the following: Civil Design: • Final Design/Construction Documents o Site and Pavement Plan o Grading and Drainage Plan o Details and Technical Specifications • Construction Services SCOPE OF SERVICES Bolton & Menk will complete the following scope of work: Task 1: Design/Construction Documents Based on the understanding of the proposed project, we propose to provide the following services: Site and Pavement Plan: Preparation of a site plan showing the proposed layout of the site including dimensions for such improvements as parking, curb & gutter, buildings and sidewalk locations. Grading & Drainage Plan: A grading plan would be prepared, showing spot elevations for the finished surface of curb and gutters, sidewalks, storm sewer, buildings, and pavements. Storm Water Management Plan: Based on review of the current City of Monticello ordinances, we are not anticipating a Storm Water Management Plan will be required. Landscaping Plan: Based on previous discussions with City Staff, we anticipate including a fence for screening consistent with the existing parking lot to the south. No additional plantings or trees are planned. Detail Sheet: A detail sheet, showing standard details for the various construction items will be provided as part of the plan package. Project Specifications: Specifications utilizing the EJCDC general and supplementary conditions will be prepared for obtaining project quotes. Permits: No permits are anticipated for this project. Meetings: Bolton and Menk will virtually attend up to two meetings with City Staff to gather input on the project design and present the final plans. Task 2: Construction Services We will provide construction inspection to ensure the project is constructed in accordance with the contract documents. Our Construction Observation Representative will also communicate with residents & property owners while on site. We will review project submittals, prepare change orders and field orders as necessary, and track quantities and prepare pay applications. PLAN REVISIONS Bolton & Menk will complete the required revisions in an expedient manner when requested by either the Client or a regulatory authority. Unless such revisions are necessary to meet documented design criteria from the client or governing agencies, the revisions will be performed as additional services at our standard hourly rates. ASSUMPTIONS This proposal is based upon the following assumptions: • Topographic survey necessary for the design of the proposed project has already been completed by Bolton and Menk. No additional topographic or boundary survey work is part of this proposal. • Fencing will be included as parking lot screening consistent with the fencing installed with the Downtown Pedestrian and Street Improvements. No plantings are anticipated on this project. • Wetland Delineation and mitigation is not anticipated with this site. If required, will be provided as additional services. B L O C K 5 1 P A R K I N G L O T E X P A N S I O N | C I T Y O F M O N T I C E L L O B O L T O N & M E N K | 3 • A storm water management plan or on-site storm sewer is not anticipated to be required. No costs are included for stormwater management or storm sewer design or calculations. • A Storm Water Pollution Prevention Plan (SWPPP) is not required for this project since it disturbs less than 1 acre. • One minor revision to the plans based on city/owner comments is included; any other revisions will be provided as additional services. • The Client will be responsible for signing and providing the appropriate fees for the required permit(s). • Geotechnical services including soil borings shall be done by others, or provided as additional services • Irrigation system design, if required, will be performed by others or as additional services. • Parking lot lighting design will be performed by others or as additional services. • Any required onsite or coordination meetings above the identified in the scope shall be provided as additional services. • Construction observation services assumptions are noted on the fee estimate. Any time required beyond this assumption will be provided at hourly rates in accordance with the attached fee schedule as additional services. B L O C K 5 1 P A R K I N G L O T E X P A N S I O N | C I T Y O F M O N T I C E L L O B O L T O N & M E N K | 4 FEES The above-described work will be completed hourly not to exceed per the attached fee estimate. Scope of Services Total Not-to-Exceed Fee $28,483.00 BOLTON & MENK’S HOURLY RATES Additional Services will be provided in accordance with the attached 2025 Schedule of Fees. These rates include labor, general business and other normal and customary expenses associated with operating a professional business. Unless otherwise agreed, the above rates include vehicle and personal expenses, mileage, telephone, survey equipment, survey stakes and routine expendable supplies; and no separate charges will be made for these activities and materials. SCHEDULE The work can be completed at a timeline agreeable to both the City of Monticello and Bolton & Menk. We anticipate the following approximate schedule: Schedule Notice to Proceed July 3, 2025 Final Design and Preparation of Construction Documents July 7, 2025 - August 1, 2025 City Review & Approval of Construction Documents August 1, 2025 - August 15, 2025 Send Out Construction Documents and Receive Construction Bids August 15, 2025 - August 29, 2025 Award Construction Contract September 8, 2025 Construction September 22, 2025 - October 31, 2025 B L O C K 5 1 P A R K I N G L O T E X P A N S I O N | C I T Y O F M O N T I C E L L O B O L T O N & M E N K | 5 APPROVALS AND SIGNATURES City of Monticello acknowledges that it is the client of the property described above or is a legally authorized representative of the property client with sufficient interest and authority to enter into this agreement for the purposes of making improvements to and upon the property. Bolton & Menk, Inc. and City of Monticello agree to the Terms and Conditions as stated above and on the reverse side of this Agreement. The undersigned represents that it is the City of Monticello or has been authorized to accept this Agreement on behalf of City of Monticello. Unless also executed by a person(s) or firm guaranteeing payment, the undersigned accepts financial responsibility for all services and costs of collection incurred by Bolton & Menk including reasonable attorney’s fees, in the event of default by City of Monticello. Accepted by: Offered by Bolton & Menk, Inc. Accepted by: Justin L. Kannas / Principal Engineer Print Name/Title Print Name/Title Signature and Date Signature and Date I/We personally guarantee payment of all obligations for services to be provided by Bolton & Menk, Inc. under this Agreement. I/We further agree to pay all costs of collection incurred by Bolton & Menk, Inc. including reasonable attorney’s fees. Terms of Proposal –Limited General Scope MN Page 1 of 2 Terms of Proposal – Limited Scope General Project MN Bolton & Menk, Inc. The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and con- ditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the accompany- ing Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed fee, schedule, or scope of Proposal. A. Services: BMI proposes to perform the services out- lined in the Proposal for the stated fee arrangement. Changes required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedule of services described in the Proposal are “Additional Services” and will be invoiced on an hourly ba- sis in addition to the stated fee arrangement. B. Information from Client: Unless otherwise stated, Cli- ent agrees to provide BMI with all site information neces- sary to complete the proposed services. This information should include current site property descriptions (from ab- stract, title opinion or title commitment); other legal docu- ments affecting the site; copies of previous surveys, maps, utility locates, engineering studies and plans; existing or re- quired soils and geotechnical reports; governmental, regu- latory and utility reviews and determinations; and all other pertinent information. BMI may rely on accuracy of Client provided information. Client shall promptly inform BMI of any alleged defects in the services. C. Access to Site: Unless otherwise stated, Client agrees to provide BMI with access to the site, including adjoining properties, for activities necessary for the performance of services. It is understood that in the normal course of work, unavoidable property damage may occur due to ex- cavations, tree and brush trimming, marking lines, etc. BMI will take reasonable precautions to minimize damage due to its activities. The cost to correct resulting damage has not been included in the fee and the Client agrees to reim- burse BMI for any costs associated with required restora- tion work. D. Standard of Care: Professional services provided un- der this Agreement will be conducted in a manner con- sistent with that level of care and skill ordinarily exercised by members of BMI’s profession currently practicing under similar conditions. BMI makes no warranties, expressed or implied, or otherwise with respect to any services per- formed or furnished. E. Certifications: Any certification provided by BMI is a professional opinion based upon knowledge, information, and beliefs available to BMI at the time of certification. Such certifications are not intended as and shall not be con- strued as a guarantee or warranty. BMI shall not be re- quired to certify the existence of conditions whose exist- ence BMI cannot reasonably ascertain. F. Utilities: Unless otherwise explicitly stated in the proposal, if utility surveys are included in scope of services, utilities will be located from available utility records, utility company locates and surface evidence of underground im- provements. Some subsurface improvements may not be disclosed by such methods and Client assumes responsibil- ity for exploratory excavations and other work to assure utility locations. BMI assumes no liability for matters aris- ing from subsurface utilities that vary from locations de- picted on previous plans or locates provided by Client or utility companies. G. Project Approval: Due to site limitations, code inter- pretation, regulatory reviews, political considerations, and Client directed design and improvements; BMI makes no representations as to acceptability or approvability of the project, or, zoning requests, permit applications, site and development plans, plats and similar documents. Client’s obligation for payment of fees owed BMI is not contingent upon project approval. H. Opinions or Estimates of Project Costs: Where in- cluded as part of project scope or otherwise, opinions or estimates of project cost will generally be based upon pub- lic construction cost information. Since BMI has no control over the cost of labor, materials, competitive bidding pro- cess, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for gen- eral information of the Client and BMI does not warrant or guarantee the accuracy of construction cost opinions or es- timates. Project financing should be based upon actual, contracted construction costs with appropriate contingen- cies. I. Construction Phase Services: Client is notified that BMI shall not be responsible for means, methods, tech- niques, sequences, or procedures of construction selected by any contractor employed on the project nor for the safety precautions or programs incident to the work of any contractor. J. Ownership and Alteration of Documents: All docu- ments, including reports, drawings, field data, notes, plans, specifications and documents or electronic media pre- pared or furnished by BMI under this agreement remain the property of BMI. Upon payment of all amounts owed, the Client is granted a limited license to BMI’s submittals for Client’s reasonable use and to make and retain copies for such use. However, BMI’s submittals are not intended for reuse by the Client or third parties on other projects or alteration by others without the written consent of BMI. Terms of Proposal –Limited General Scope MN Page 2 of 2 Electronic media may be furnished for convenience of Cli- ent; however, only signed and certified paper copies of submittals may be relied upon as documentation of profes- sional services provided. K. Billings and Payments: Invoices for BMI’s services shall be submitted, at BMI’s option, either upon comple- tion of such services or on a monthly basis. Unless credit to Client is approved, payment is due upon receipt of ser- vices and deliverables. If, at sole discretion of BMI, credit is advanced to Client, invoices shall be due and payable within 30 days after the invoice date. If the invoice is not paid within 30 days, BMI may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of its services. BMI reserves the right to withhold any deliverables until all un- paid fees are paid in full. Amount of retainer (if applicable) will be applied to amount owed on final invoice. L. Late Payments: Accounts unpaid 30 days after the in- voice date will be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion or all of an ac- count remains unpaid 60 days after billing, the Client shall pay all costs of collection, including reasonable attorney fees. M. Waiver: To the fullest extent permitted by law, Client and BMI waive against each other, and the other’s employ- ees, partners, officers, agents, insurers, and subcontrac- tors, claims for or entitlement to special, incidental, indi- rect, or consequential damages arising out of, resulting from, or any way related to this Agreement, from any cause or causes. Client waives claims against BMI individual em- ployees and agrees any claim, demand or suit shall be as- serted only against the BMI corporate entity. N. LIMITATION OF LIABILITY: In recognition of the rela- tive risks, rewards, and benefits of the project to both the Client and BMI, the risks have been allocated such that the Client agrees that BMI’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claimed expenses arising out of the performance of this agreement from any cause or causes, shall not exceed to- tal compensation paid to BMI. Such claims include, but are not limited to, BMI’s negligence, errors, omission s, strict liability, breach of contract, or breach of warranty. O. Certificates of Insurance: BMI will maintain, at its ex- pense, statutory worker’s compensation insurance cover- age, automobile liability insurance, commercial general lia- bility insurance and professional liability coverage for claims arising from bodily injury, death or property damage which may arise from the negligent performance by BMI or its employees. BMI will, upon request, furnish Certificates of Insurance documenting terms of coverages. BMI will not be required to extend coverages beyond those which are usual and customary for similar firms practicing similar sur- veying and engineering services unless BMI is reimbursed for additional premium expenses. P. Dispute Resolution: Any claims or disputes made dur- ing or after the performance of services between BMI and the Client, with the exception of claims by BMI for non-pay- ment of services rendered, shall first be submitted to me- diation for resolution prior to initiating any other legal pro- ceedings. Q. Agreement: If the Proposal is accepted, the Client and BMI will enter into an Agreement incorporating the accom- panying Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to BMI and Client. In the absence of a separate, executed written agreement, the accompanying Proposal and these Terms of Proposal shall constitute the whole and complete agree- ment between BMI and the Client. R. Termination of Services: The Agreement created un- der Paragraph Q may be terminated by the Client or BMI should the other fail to perform its obligations hereunder ; or, by BMI if the presence of an unknown or undisclosed federally, state or locally regulated hazardous material is encountered. In the event of termination, the Client shall pay BMI for all services rendered to the date of termina- tion, all reimbursable expenses, and reimbursable termina- tion expenses. S. Withdrawal of Proposal: This Proposal constitutes a non-binding offer to perform services and BMI reserves the right to withdraw or modify this proposal, without liability to the Client, at any time prior to receipt of written ac- ceptance from the Client and execution of a signed agree- ment in accordance with Paragraph Q. T. LIEN RIGHTS: Pursuant to the representations by the CLIENT in this Agreement and improvements to be made to the project property, BMI reserves the right to file a lien against the project property in the event of delinquent or non-payment of monies owed to BMI by the CLIENT. In accordance with Minnesota law, the CLIENT and PROJECT PROPERTY OWNER are hereby advised: “(a) Any person or company supplying labor or ma- terials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improve- ment directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.” Appendix - Fee Schedule CLIENT:City of Monticello PROJECT:Block 51 Parking Lot Expansion Pr o j e c t M a n a g e r Pr o j e c t E n g i n e e r Se n i o r E n g i n e e r i n g Te c h n i c i a n Su r v e y T e c h n i c i a n Su r v e y M a n a g e r Co n s t r u c t i o n P r o j e c t Re p r e s e n t a t i v e Cl e r i c a l 1 Design 14 11 42 0 0 0 4 71 $11,812.00 2 Quotations, Addenda, Award, & Contracts 6 0 0 0 0 0 11 17 $2,590.00 3 Construction Inspection, Staking and Management Services 8 0 0 8 2 52 2 72 $11,606.00 4 Pre-Demolition Hazardous Building Materials Survey (Braun Intertec) 0 0 0 0 0 0 0 0 $2,475.00 TOTAL HOURS 28 11 42 8 2 52 17 160 AVERAGE HOURLY RATE $219.00 $142.00 $160.00 $198.00 $197.00 $147.00 $116.00 SUBTOTAL $6,132.00 $1,562.00 $6,720.00 $1,584.00 $394.00 $7,644.00 $1,972.00 TOTAL LABOR COSTS $28,483.00 $28,483.00 Notes: Construction Inspection includes 5 part time days and 2 full time days. Inspection required above and beyond these assumptions will be additional services billed hourly. Staking inlcudes 1 trip for curb and gutter. Staking required above and beyond this assumption will be additional services billed hourly. TASK NO. WORK TASK DESCRIPTION Total CostTotal Hours TOTAL FEE (NOT TO EXCEED) Submitted by Bolton & Menk, Inc. The following fee schedule is based upon competent, responsible professional services and is the minimum, below which adequate professional standards cannot be maintained. It is, therefore, to the advantage of both the professional and the client that fees be commensurate with the service rendered. Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for principals and members of the staff vary according to skill and experience. The current specific billing rate for any individual can be provided upon request. The fee schedule shall apply for the period through December 31, 2025. These rates may be adjusted annually thereafter to account for changed labor costs, inflation, or changed overhead conditions. These rates include labor, general business, and other normal and customary expenses associated with operating a professional business. For projects with typical expenses and unless otherwise agreed, the above rates include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond typical project expenses, non-routine expenses, and expenses beyond the agreed scope of services, such as out of town travel expenses, long travel distances, large quantities of prints, extra report copies, outsourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. Rates and charges do not include sales tax, if applicable.1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for survey technicians. *Specialized role not classified above otherwise. **Highly specialized and industry expertise unique to the market or area of discipline. Employee Classification 2025 Hourly Billing Graduate Engineer $125-185 Design Engineer $125-196 Project Engineer $145-215 Senior Project Engineer $160-215 Project Manager $135-240 Senior Project Manager $188-273 Architect $186-267 Planner $125-168 Senior Planner $170-228 Landscape Designer $98-196 Landscape Architect $148-176 Senior Landscape Architect $160-268 Survey Technician1 $90-196 Graduate Surveyor $122-190 Licensed Project Surveyor $180-225 Technician $75-182 Senior Technician $125-212 Administrative/Corporate Specialists $68-175 Specialist*$100-230 Practice Expert**$145-363 Principal**$175-316 Senior Principal**$218-333 GPS/Robotic Survey Equipment1 NO CHARGE CAD/Computer Usage NO CHARGE Routine Office Supplies NO CHARGE Routine Photo Copying/Reproduction NO CHARGE Field Supplies/Survey Stakes & Equipment NO CHARGE Mileage NO CHARGE 2025 SCHEDULE OF FEES Braun Intertec Corporation 3900 Roosevelt Road, Suite 113 Saint Cloud, MN 56301 Phone: 320.253.9940 Web: brauintertec.com AA/EOE June 16, 2025 Proposal QTB217519 Mr. Justin Kannas Bolton & Menk, Inc. 2040 Highway 12 East Willmar, MN 56201 Re: Proposed Services and Cost Estimate Pre-Demolition Hazardous Building Materials Survey Garage 200 River Street Monticello, Minnesota Dear Mr. Kannas: Braun Intertec Corporation is pleased to present this proposal to provide services and a cost estimate for a Pre-Demolition Hazardous building materials survey of the garage (with masonry block walls – see attached photos) located at 200 River Street in Monticello, Minnesota (Site). This proposed work will be performed in accordance with the terms and conditions in the Braun Intertec General Conditions. Scope of Services The goal of the inspection will be to identify potentially hazardous building materials that require separate handling and/or disposal prior to building demolition. The inspection will be conducted by our experienced and accredited asbestos inspectors. Our representatives will perform the following services: Visually examine accessible areas and identify the locations of suspect asbestos-containing materials (ACM), lead-based paint (LBP), polychlorinated biphenyls (PCBs), mercury, and other miscellaneous hazardous materials. Collect and analyze representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collected for analysis include, but are not limited to: floor tile, linoleum flooring, wall and ceiling plaster, suspended and acoustical ceiling tile, sheetrock, thermal system insulation, textured ceiling material and fireproofing. Conduct limited LBP testing of potential re-useable components with painted surfaces (i.e. masonry block and/or concrete) suspected of containing lead (where applicable). Testing will be accomplished by collecting a paint chip sample and submitting it for lead analysis to an accredited laboratory. Assign a hazard rating based on asbestos content with respect to the materials condition, friability, accessibility, and hazard potential. Document the various materials current conditions and estimated quantities of ACM. Bolton & Menk, Inc. Proposal QTB217519 June 16, 2025 Page 2 Generate a final report, documenting the sample locations, analysis results, conditions, and ACM estimated quantities. The Braun Intertec personnel conducting the inspection are fully accredited asbestos inspectors, in accordance with state and federal regulations. Asbestos analysis will be performed by a laboratory that is accredited for polarized light microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program. Cost Estimate Based on our current understanding of the project requirements and the assumptions stated herein, we estimate the cost to perform the environmental consulting services to be about $2,250, which includes one hour of post deliverable consulting time for revisions to the draft report and/or communication with the project team and/or owner. The Site work will be performed during our normal work hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. If conditions occur that require us to work outside of these hours or due to circumstances beyond our control or additional requests for meetings, consulting or modifications to the report, we will request additional fees to cover our additional encored costs. The estimated cost breakdown by activity is listed below. Service Description Cost Estimate Site Inspection and Documentation Includes field preparation, site inspection and sample preparation $800 Analytical Services • Includes PLM analysis (up to 20 layers) and lead paint chip analysis (includes 1 sample) $250 Report Preparation and Project Management $1,200 Estimated Total $2,250 Our services will be billed at the following unit rates if additional services are required: Personnel Senior Consultant $1225/hour Project Consultant $174/hour Field Scientist $124/hour Project Control Specialist $124/hour Project Assistant $90/hour Mileage and Analytical Testing Vehicle Trip Charge $40 per trip Asbestos Content using PLM (EPA/600/R-93/116) $12/sample layer (72-hrs TAT) PLM - 400 PC Method (reporting limit <0.25%) $25/sample layer (72-hrs TAT) Lead Paint Chip Analysis $20/sample Bolton & Menk, Inc. Proposal QTB217519 June 16, 2025 Page 3 Unit prices for time and expenses are set costs. Other figures such as number of hours to perform the inspection, number of samples, report time, etc. are estimated figures. Consequently, our estimated costs may be higher or lower, depending on the actual site conditions encountered. The total projected cost will not be exceeded by more than 10 percent without additional authorization. The terms and conditions under which these services will be provided are detailed in the attached General Conditions, which are part of this proposal. Schedule We will require approximately 5 working days advanced notice to schedule the proposed scope of work. It is our understanding that an owner’s representative will be responsible for scheduling the Site visit during normal business hours of 7:00 a.m. to 5:00 p.m. Monday through Friday. Our proposal also assumes that the on-Site work will be completed in 1 working day. If conditions occur that require us to work outside of these hours or due to circumstances beyond our control, we will request additional fees to cover our additional overtime costs. Laboratory turnaround time for the specified asbestos sample analysis is 3 to 5 working days. Upon receipt of the laboratory reports, our written reports will be submitted to you within 10 working days thereafter. Preliminary verbal results will be provided to you if requested. Limitations The sampling of materials for asbestos content will be accomplished by destructive means. Damage to the building and associated components are inevitable. Our representatives will not be responsible for repairing materials damaged during sampling. In any building the potential exists for asbestos or other hazardous materials to be located inside walls, above ceilings, under floors, buried underground, and other inaccessible areas. This inspection will attempt to identify asbestos and other hazardous materials in these inaccessible areas. However, it is not feasible to inspect 100 percent of these areas. Therefore, Braun Intertec cannot be held responsible for the presence of any such hidden materials. The demolition contractor and other contractors involved in the project should be made aware of the potential for asbestos or other hazardous materials to be located in inaccessible areas. If previously unidentified suspect asbestos or other hazardous materials are exposed during their activities they should be sampled and analyzed for content prior to any disturbance. Braun Intertec will not be liable for any past, existing, or future damage to the roofing systems, the building structures, or the contents of the building. In performing its services, Braun Intertec will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty, express or implied, is made. Bolton & Menk, Inc. Proposal QTB217519 June 16, 2025 Page 4 General Remarks The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and others will not delay us beyond our proposed schedule. Invoices will be submitted monthly and are due on receipt, with interest added to unpaid balances after 30 days. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. Braun Intertec appreciates the opportunity to present this proposal to you. It is being sent in an electronic version only. A hard copy of the proposal will be supplied upon request. Please return a signed copy of the proposal in its entirety. If you have questions regarding the contents of this proposal, please contact Aaron Volker at 320.980.6461 or avolker@braunintertec.com. Sincerely, BRAUN INTERTEC CORPORATION Aaron P. Volker Ted R. Hubbes, PG, CHMM Project Scientist Senior Manager – Senior Scientist Attachments: Photos of Structure General Conditions (11/4/2024) The proposal is accepted, and you are authorized to proceed. _________________________________________ Authorizer's Firm _________________________________________ Authorizer's Signature _________________________________________ Authorizer's Name (please print or type) _________________________________________ Authorizer's Title _________________________________________ Date Bolton & Menk, Inc. Proposal QTB217519 June 16, 2025 Page 5 Photos of Site Building To Be Surveyed Bolton & Menk, Inc. Proposal QTB217519 June 16, 2025 Page 6 Braun Intertec General Conditions Rev. 2024-11-04 Page 1 of 2 SECTION 1: AGREEMENT 1.1 Agreement. This agreement consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between Consultant and Client and supersedes all prior negotiations, representations or agreements, either written or oral. 1.2 Parties to the Agreement. The parties to this Agreement are the Braun Intertec entity (“Consultant”) and the client (“Client”) as described in the accompanying written proposal or authorization. Consultant and Client may be individually referred to as a Party or collectively as the Parties. SECTION 2: SCOPE OF SERVICES 2.1 Services. Consultant will provide services (“Services”) in connection with the project (“Project”) which are specifically described in this Agreement. Client understands and agrees that Consultant’s Services are limited to those which are expressly set forth in this Agreement. 2.2 Additional Services. Any Services not specifically set forth in the Agreement constitute “Additional Services.” Additional Services must be agreed upon in writing by the Parties prior to performance of the Additional Services and may entitle Consultant to additional compensation and schedule adjustments. Additional compensation will be based upon Consultant’s then current rates and fees. SECTION 3: PERFORMANCE OF SERVICES 3.1 Standard of Care. Consultant will perform its professional Services consistent with the degree of care and skill exercised by members of Consultant’s profession performing under similar circumstances at the same time and in the same locality in which the professional Services are performed. CONSULTANT DISCLAIMS ALL STATUTORY, ORAL, WRITTEN, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF SERVICES IN A GOOD AND WORKMANLIKE MANNER. 3.2 Written Reports and Findings. Unless otherwise agreed in writing, Consultant’s findings, opinions, and recommendations will be provided to Client in writing and may be delivered via electronic format. Client agrees not to rely on oral findings, opinions, or recommendations. 3.3 Observation or Sampling Locations. Locations of field observations or sampling described in Consultant’s report or shown on Consultant’s sketches reference Project plans or information provided by others or estimates made by Consultant’s personnel. Consultant will not survey, set, or check the accuracy of those points unless Consultant accepts that duty in writing. Client agrees that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. Client accepts the inherent risk that samples or observations may not be representative of items not sampled or seen and further that site conditions may vary over distance or change over time. 3.4 Project Site Information. Client will provide Consultant with prior environmental, geotechnical and other reports, specifications, plans, and information to which Client has access about the Project site and which are necessary for Consultant to carry out Consultant’s Services. Client agrees to provide Consultant with all plans, changes in plans, and new information as to Project site conditions until Consultant has completed its Services. 3.5 Subsurface Objects. To the extent required to carry out Consultant’s Services, Client agrees to provide Consultant, in a timely manner, with information that Client has regarding buried objects at the Project site. Consultant will not be responsible for locating buried objects or utilities at the Project site unless expressly set forth in this Agreement, or expressly required by applicable law. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects or utilities that were not properly marked or identified or of which Client had or should have had knowledge but did not timely notify Consultant or correctly identify on the plans Client or others furnished to Consultant. Consultant, from time to time, may hire a third party to locate underground objects or utilities and, unless otherwise expressly stated in this Agreement, such action shall be for the sole benefit of Consultant and in no way will alleviate Client of its responsibilities hereunder. 3.6 Hazardous Materials. Client will notify Consultant of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any Project site or in any sample or material provided to Consultant. Client agrees to provide Consultant with information in Client’s possession or control relating to such samples or materials. If Consultant observes or suspects the presence of contaminants not anticipated in this Agreement, Consultant may terminate Services without liability to Client or to others, and Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. 3.7 Supervision of Others. Consultant shall have no obligation to supervise or direct Client’s representatives, contractors, or other third parties retained by Client. Consultant has no authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Client, Client’s representatives, contractors, or other third parties retained by Client. 3.8 Safety. Consultant will provide a health and safety program for its employees as well as reasonable personal protective equipment (“PPE”) typical for the performance of the Services provided by this Agreement and as required by law. Consultant shall be entitled to compensation for all extraordinary PPE required by Client. Client will provide, at no cost to Consultant, appropriate Project site safety measures which are necessary for Consultant to perform its Services at the Project location or work areas in connection with the Project. Consultant’s employees are expressly authorized by Client to refuse to work under conditions that may, in an employee’s sole discretion, be unsafe. Consultant shall have no authority over or be responsible for the safety precautions and programs, or for security, at the Project site (except with respect to Consultant’s own Services and those of its subconsultants). 3.9 Project Site Access and Damage. Client will provide or ensure access to the site. In the performance of Services some Project site damage is normal even when due care is exercised. Consultant will use reasonable care to minimize damage to the Project site. Unless otherwise expressly stated in this Agreement, the cost of restoration for such damage has not been included in the estimated fees and will be the responsibility of the Client. 3.10 Monitoring Wells. To the extent applicable to the Services, monitoring wells are Client’s property, and Client is responsible for monitoring well permitting, maintenance, and abandonment unless otherwise expressly set forth in this Agreement. 3.11 Contaminant Disclosures Required by Law. Client agrees to make all disclosures related to the discovery or release of contaminants that are required by law. In the event Client does not own the Project site, Client acknowledges that it is Client’s duty to inform the owner of the Project site of the discovery or release of contaminants at the site. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, penalties, or losses and expenses, including attorney fees, related to Client’s failure to make any disclosure required by law or for failing to make the necessary disclosure to the owner of the Project site. SECTION 4: SCHEDULE 4.1 Schedule. Consultant shall complete its obligations within a reasonable time and shall make decisions and carry out its responsibilities in a manner consistent with the Standard of Care. Specific periods of time for rendering Services or specific dates by which Services are to be completed are provided in this Agreement. If Consultant is delayed in the performance of the Services by actions, inactions, or neglect of Client or others for whom Client is responsible, by changes ordered in the Services, or by other causes beyond the control of Consultant, including force majeure events, then the time for Consultant’s performance of Services shall be extended and Consultant shall receive payment for all expenses attributable to the delay in accordance with Consultant’s then current rates and fees. 4.2 Scheduling On‐Site Observations or Services. To the extent Consultant’s Services require observations, inspections, or testing be performed at the Project site, Client understands and agrees that Client, directly or indirectly through its authorized representative, has the sole right and responsibility to determine and communicate to Consultant the scheduling of observations, inspections, and testing performed by Consultant. Accordingly, Client also acknowledges that Consultant bears no responsibility for damages that may result because Consultant did not perform such observations, inspections, or testing that Client failed to request and schedule. Client understands that the scheduling of observations, inspections, or testing will dictate the time Consultant’s field personnel spend on the job site and agrees to pay for all services provided by Consultant due to Client’s scheduling demands in accordance with Consultant’s then current rates and fees. SECTION 5: COST AND PAYMENT OF SERVICES 5.1 Cost Estimates. Consultant’s price or fees provided for in this Agreement are an estimate and are not a fixed amount unless otherwise expressly stated in this Agreement. Consultant’s estimated fees are based upon Consultant’s experience, knowledge, and professional judgment as well as information available to Consultant at the time of this Agreement. Actual costs may vary and are not guaranteed or warrantied. 5.2 Payment. Consultant will invoice Client on a monthly basis for Services performed. Client will pay for Services as stated in this Agreement together with costs for Additional Services or costs otherwise agreed to in writing within thirty (30) days of the invoice date. Unless otherwise stated in this Agreement or agreed to in writing, Consultant’s costs for all services performed will be based upon Consultant’s then current rates, fees, and charges. No retainage shall be withheld by Client. All unpaid invoices will incur an interest charge of 1.5% per month or the maximum allowed by law. 5.3 Other Payment Conditions. Consultant will require Client credit approval and Consultant may require payment of a retainer fee. Client agrees to pay all applicable taxes. Client’s obligation to pay for Services under this Agreement is not contingent on Client’s ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, Client’s successful completion of any project, receipt of payment from a third party, or any other event. 5.4 Third Party Payment. Provided Consultant has agreed in writing, Client may request Consultant to invoice and receive payment from a third party for Consultant’s Services. Consultant, in its sole discretion, may also require the third party to provide written acceptance of all terms of this Agreement. Neither payment to Consultant by a third party nor a third party’s written acceptance of all terms of this Agreement will alter Client’s rights and responsibilities under this Agreement. Client expressly agrees that the Agreement contains sufficient consideration notwithstanding Consultant being paid by a third party. 5.5 Non‐Payment. If Client does not pay for Services in full as agreed, Consultant may retain work not yet delivered to Client and Client agrees to return all Project Data (as defined in this Agreement) that may be in Client’s possession or under Client’s control. If Client fails to pay Consultant in accordance with this Agreement, such nonpayment shall be considered a Braun Intertec General Conditions Rev. 2024-11-04 Page 2 of 2 default and breach of this Agreement for which Consultant may terminate for cause consistent with the terms of this Agreement and without liability to Client or to others. Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. Client agrees to be liable to Consultant for all costs and expenses Consultant incurs in the collection of amounts invoiced but not paid, including but not limited to attorney fees and costs. SECTION 6: OWNERSHIP AND USE OF DATA 6.1 Ownership. All reports, notes, calculations, documents, and all other data prepared by Consultant in the performance of the Services (“Project Data”) are instruments of Consultant’s Services and are the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto, of Project Data. 6.2 Use of Project Data. The Project Data of this Agreement is for the exclusive purpose disclosed by Client and, unless agreed to in writing, for the exclusive use of Client. Client may not use Project Data for a purpose for which the Project Data was not prepared without the express written consent of Consultant. Consultant will not be responsible for any claims, damages, or costs arising from the unauthorized use of any Project Data provided by Consultant under this Agreement. Client agrees to hold harmless, defend and indemnify Consultant from any and all claims, damages, losses, and expenses, including attorney fees, arising out of such unauthorized use. 6.3 Samples, Field Data, and Contaminated Equipment. Samples and field data remaining after tests are conducted, as well as field and laboratory equipment that cannot be adequately cleansed of contaminants, are and continue to be the property of Client. Samples may be discarded or returned to Client, at Consultant’s discretion, unless within fifteen (15) days of the report date Client gives Consultant written direction to store or transfer the samples and materials. Samples and materials will be stored at Client’s expense. 6.4 Data Provided by Client. Electronic data, reports, photographs, samples, and other materials provided by Client or others may be discarded or returned to Client, at Consultant’s discretion, unless within 15 days of the report date Client gives Consultant written direction to store or transfer the materials at Client’s expense. SECTION 7: INSURANCE 7.1 Insurance. Consultant shall keep and maintain the following insurance coverages: a. Workers’ Compensation: Statutory b. Employer’s Liability: $1,000,000 bodily injury, each accident | $1,000,000 bodily injury by disease, each employee | $1,000,000 bodily injury/disease, aggregate c. General Liability: $1,000,000 per occurrence | $2,000,000 aggregate d. Automobile Liability: $1,000,000 combined single limit (bodily injury and property damage) e. Excess Umbrella Liability: $5,000,000 per occurrence | $5,000,000 aggregate f. Professional Liability: $2,000,000 per claim | $2,000,000 aggregate 7.2 Waiver of Subrogation. Client and Consultant waive all claims and rights of subrogation for losses arising out of causes of loss covered by the respective insurance policies. 7.3 Certificate of Insurance. Consultant shall furnish Client with a certificate of insurance upon request. SECTION 8: INDEMNIFICATION, CONSEQUENTIAL DAMAGES, LIABILITY LIMITS 8.1 Indemnification. Consultant’s only indemnification obligation shall be to indemnify and hold harmless the Client, its officers, directors, and employees from and against those damages and costs incurred by Client or that Client is legally obligated to pay as a result of third party tort claims, including for the death or bodily injury to any person or for the destruction or damage to any property, but only to the extent proven to be directly caused by the negligent act, error, or omission of the Consultant or anyone for whom the Consultant is legally responsible. This indemnification provision is subject to the Limitation of Liability set forth in this Section 8. 8.2 Intellectual Property. Client agrees to indemnify Consultant against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by Client or others on behalf of Client. 8.3 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, NEITHER CONSULTANT NOR CLIENT SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USE OR RENTAL, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE OR COST OF FINANCING, OR OTHER SUCH SIMILAR AND RELATED DAMAGE ASSERTED IN THIRD PARTY CLAIMS, OR CLAIMS BY EITHER PARTY AGAINST THE OTHER. 8.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF CONSULTANT, CONSULTANT’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, TO CLIENT AND ANYONE CLAIMING BY, THROUGH OR UNDER CLIENT FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED CONSULTANT’S PERFORMANCE OF THE SERVICES OR THIS AGREEMENT, FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNIFICATION OBLIGATIONS OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY CONSULTANT OR $50,000, WHICHEVER IS GREATER. SECTION 9: MISCELLANEOUS PROVISIONS 9.1 Services Prior to Agreement. Directing Consultant to commence Services prior to execution of this Agreement constitutes Client’s acceptance of this unaltered Agreement in its entirety. 9.2 Confidentiality. To the extent Consultant receives Client information identified as confidential, Consultant will not disclose that information to third parties without Client consent. Additionally, any Project Data prepared in performance of the Services will remain confidential and Consultant will not release the reports to any third parties not involved in the Project. Neither of the aforesaid confidentiality obligations shall apply to any information in the public domain, information lawfully acquired from others on a nonconfidential basis, or information that Consultant is required by law to disclose. 9.3 Relationship of the Parties. Consultant will perform Services under this Agreement as an independent contractor, and its employees will at all times be under its sole discretion and control. No provision in this Agreement shall be deemed or construed to create a joint venture, partnership, agency or other such association between the Parties. 9.4 Resource Conservation and Recovery Act. To the extent applicable to the Services, neither this Agreement nor the providing of Services will operate to make Consultant an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation and Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from any claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 9.5 Services in Connection with Legal Proceedings. Client agrees to compensate Consultant in accordance with its then current fees, rates, or charges if Consultant is asked or required to respond to legal process arising out of a proceeding related to the Project and as to which Consultant is not a party. 9.6 Assignment. This Agreement may not be assigned by Consultant or Client without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9.7 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended, or will be construed, to confer upon or give any person or entity other than Consultant and Client, and their respective permitted successors and assigns, any rights, remedies, or obligations under or by reason of this Agreement. 9.8 Termination. This Agreement may be terminated by either Party for cause upon seven (7) days written notice to the other Party. Should the other Party fail to cure and perform in accordance with the terms of this Agreement within such seven‐day period, the Agreement may terminate at the sole discretion of the Party that provided the written notice. The Client may terminate this Agreement for its convenience. If Client terminates for its convenience, then Consultant shall be compensated in accordance with the terms hereof for Services performed, reimbursable costs and expenses incurred prior to the termination, and reasonable costs incurred as a result of the termination. 9.9 Force Majeure. Neither Party shall be liable for damages or deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, embargoes, pandemics, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock‐outs, declared states of emergency, and changes in laws, statutes, regulations, or ordinances. 9.10 Disputes, Choice of Law, Venue. In the event of a dispute and prior to exercising rights at law or under this Agreement, Consultant and Client agree to negotiate all disputes in good faith for a period of 30 days from the date of notice of such dispute. This Agreement will be governed by the laws and regulations of the state in which the Project is located and all disputes and claims shall be heard in the state or federal courts for that state. Client and Consultant each waive trial by jury. 9.11 Individual Liability. No officer or employee of Consultant, acting within the scope of employment, shall have individual liability for any acts or omissions, and Client agrees not to make a claim against any individual officers or employees of Consultant. 9.12 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. 9.13 Waiver. The failure of either Party hereto to exercise or enforce any right under this Agreement shall not constitute a release or waiver of the subsequent exercise or enforcement of such right. 9.14 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provision of Services by Consultant to Client. This Agreement may be amended only by a written instrument signed by both Parties. In the event Client issues a purchase order or other documentation to authorize Consultant’s Services, any conflicting or additional terms of such documentation are expressly excluded from this Agreement. HF D S P H M C MM P C C C C C C S P P P C CH P P P C C C C C A C A C A C MMG A C M CM M A C P PPPPP S X X X X X X X X X XX A C M M M P WO O D WO O D S S S VC F F FFFFFFFFFF0+00 1+00 2+00 3+00 3+93.48 ST O P R1 - 1 (3 0 X 3 0 ) ON E W A Y R6 - 1 L (3 6 X 1 2 ) ON E W A Y R6 - 1 R (3 6 X 1 2 ) W B R O A D W A Y WALNUT ST R4-7 (24 X 30) R 5 - 1 (3 0 X 3 0 ) 65 + 0 0 66 + 0 0 67 + 0 0 68 + 0 0 69 + 0 0 INCROSSWALK STOPFOR STATELAW PEDESTRIAN IN CROSSWALK STOP FOR STATE LAW PEDESTRIANS 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 7+04.60 1+ 0 0 2+ 0 0 3+ 0 0 4 + 0 0 ST O P R1 - 1 (3 0 X 3 0 ) ON E W A Y R6 - 1 L (3 6 X 1 2 ) ON E W A Y R6 - 1 R (3 6 X 1 2 ) W B R O A D W A Y WALNUT ST R 5 - 1 ( 3 0 X 3 0 ) LEFT MUST TURN LANE LEFT R3-7L (30 X 30) W11-2 (36 X 36) PA R K I N G VE H I C L E I D RE Q U I R E D UP T O $ 2 0 0 F I N E FO R V I O L A T I O N R7 - 8 M (1 2 X 1 8 ) PA R K I N G VE H I C L E I D RE Q U I R E D UP T O $ 2 0 0 F I N E FO R V I O L A T I O N R7 - 8 M (1 2 X 1 8 ) PARKING VEHICLE ID REQUIRED UP TO $200 FINE FOR VIOLATION R7-8M (12 X 18) PARKING VEHICLE ID REQUIRED UP TO $200 FINE FOR VIOLATION R7-8M (12 X 18) STOP R1-1 (30 X 30) ST O P R1 - 1 (3 0 X 3 0 ) STOP R1-1 (30 X 30) ST O P R1 - 1 (3 0 X 3 0 ) PARKIN G VEHICL E I D REQUI R E D UP TO $ 2 0 0 F I N E FOR VI O L A T I O N R7-8M (12 X 1 8 ) PARKING TIME ANY HR PA R K I N G TI M E AN Y HR PA R K I N G TI M E AN Y HR PA R K I N G TI M E AN Y HR R7 - 1 0 8 (1 2 x 1 8 ) R7 - 1 0 8 (1 2 x 1 8 ) R7 - 1 0 8 (1 2 x 1 8 ) R7-108 (12 x 18) SIGNING & STRIPING PLAN PROPOSED SIGNING & STRIPING LAYOUT FEETSCALE 0 25 50 R 2040 HIGHWAY 12 EAST WILLMAR, MINNESOTA 56201 Phone: (320) 231-3956 Email: Willmar@bolton-menk.com www.bolton-menk.comR DATELIC. NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ZACH A. PARSONS 57761 06/19/2023 SHEET B o l t o n & M e n k , I n c . 20 2 3 , A l l R i g h t s R e s e r v e d c H: \ M T C E \ 0 W 1 1 2 7 8 1 5 \ C A D \ C 3 D \ 1 2 7 8 1 5 C 7 0 1 . d w g 10 / 2 4 / 2 0 2 3 2 : 0 7 : 2 6 P M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. ISSUED FOR DATENO.MONTICELLO, MINNESOTA SP 8605-59 (TH 25) DOWNTOWN ROADWAY & PEDESTRIAN IMPROVEMENT PROJECT 0 CON 08/09/2023 WALNUT STREET BR O A D W A Y S T R E E T W ( C S A H 7 5 ) RI V E R S T R E E T WALNUT STREET 4SW 4SW 4SW 4SW NOTES: F & I INPLACE SALVAGE REMOVE INSTALL 1 2 3 4 6 1 1 S- 6 6 S- 6 7 1 S- 6 9 1 S-70 1 S- 7 2 1S-71 1 S-68 1 S-73 1 S-74 1 S- 6 8 . 1 1 S- 6 8 . 2 1 S- 6 5 . 1 C7.23A 1 1 FO 4 10/23/2023 5 12 12% Wood deck to be removed REMOVE & REPLACE CURB & SIDEWALK FOR NEW DRIVEWAY CURB CUT BITUMINOUS CURB B612 CONC. CURB & GUTTER BLISS SALON DRAWERS OF DAVLEE 17 Additional Parking Stalls BLOCK 51 PARKING LOT EXPANSION AREA