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HomeMy WebLinkAbout06202011 City Council Packet Seward City Council Agenda Packet of sew i„.,,, 4 , . 4 ts, a f 0 ; ___ vs b 8 ; „.4 N§F . IQ • Special CCouncil Meeting June 20, 2011 City Council Chambers Beginning at 6:00 p.m. The City of Seward, Alaska Special City Council Meeting June 20, 2011 6:00 p.m. Council Chambers Willard E. Dunham 1. Call to order Mayor 2. Pledge of allegiance Term Expires 2011 3, Roll call Jean Bardarson 4. Citizens' comments on any subject except those items Vice Mayor scheduled for public hearing. [Those who have signed in will Term Expires 2012 be given the . first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda Robert Valdatta item.] Council Member Term Expires 2011 5. Approval of agenda Tom Smith 6. New Business Council Member Term Expires 2011 A. Resolutions Vanta Shafer Council Member 1. Resolution 2011 -051, Authorizing Acceptance Of The .- Term Expires 2011 Guaranteed Maximum Price Proposal From PCL Construction To Construct The Seward Museum /Library, Appropriating $7,399,999 To Marianna Keil Fund The Project, Issuance Of The Notice To Proceed And Approval Council Member Of Amendment No.1 To The Construction Phase Work Contract. Term Expires 2012 B. Other New Business Items Ristine Casagranda Council Member 1. Council direction on wind loading safety standards for Term Expires 2012 3' � downtown Seward. Phillip Oates 2. Discussion on City Manager hiring process. City Manager 7. Council comment Johanna Kinney City Clerk 8. Citizens' comments 9. Council and administration response to citizens' comments 10. Adjournment City of Seward, Alaska Council Agenda June 20, 2011 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting on June 20, 2011 at 6:00 p.m. for the purpose of: 1. Resolution 2011 -051, Authorizing Acceptance Of The Guaranteed Maximum Price Proposal From PCL Construction To Construct The Seward Museum /Library, Appropriating $7,399,999 To Fund The Project, Issuance Of The Notice To Proceed And Approval Of Amendment No.1 To The Construction Phase Work Contract. 2. Council direction on wind loading safety standards for downtown Seward 3. Discussion on City Manager hiring process Signed this 17 day of June, 2011. Mayor Ci Manager 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) f i o fs F1, NOTICE OF q'P SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a special meeting on June 20, 2011, beginning at 6:00 p.m., for the purpose of: 1. Resolution 2011 -051, Authorizing Acceptance Of The Guaranteed Maximum Price Proposal From PCL Construction To Construct The Seward Museum /Library, Appropriating $7,399,999 To Fund The Project, Issuance Of The Notice To Proceed And Approval Of Amendment No.1 To The Construction Phase Work Contract. 2. Council direction on wind loading safety standards for downtown Seward 3. Discussion on City Manager hiring process The meeting will be conducted in City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend. JOHANNA KINNEY CITY CLERK POSTED: 6/17/2011 at 5:00 p.m. City Hall bulletin board U.S. Post Office Harbormaster's Building Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING ACCEPTANCE OF THE GUARANTEED MAXIMUM PRICE PROPOSAL FROM PCL CONSTRUCTION TO CONSTRUCT THE SEWARD MUSEUM/LIBRARY, APPROPRIATING $7,399,999 TO FUND THE PROJECT, ISSUANCE OF THE NOTICE TO PROCEED AND APPROVAL OF AMENDMENT NO.1 TO THE CONSTRUCTION PHASE WORK CONTRACT WHEREAS, the City of Seward entered into a construction manager general contract with PCL on November 1, 2010 with Council resolution 2010 -098 for the Seward Museum /Library; and WHEREAS, under the terms of the contract PCL provided the City of Seward with a guaranteed maximum price (GMP) for the construction of $7,399,999 based on the 100% building design documents; and WHEREAS, the City of Seward now needs to appropriate funds, accept the GMP and issue a notice to proceed under a mutually accepted schedule; and WHEREAS, the PCL GMP is within the proposed budget and engineering estimates set for the project; and WHEREAS, the City of Seward has received funding in the amounts of $5,100,000 from the State of Alaska, $500,000 from the Rasmussen Foundation, $500,000 from the National Endowment for Humanities and a pledge of $500,000 in private donations; and obligated with Council Resolutions 2010 -129 and 2011 -047, a not to exceed $3,700,000 in a general obligation bond for the project; and WHEREAS, the PCL is willing to work with the City of Seward on a construction schedule that accommodates the project funding availability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to accept the GMP submitted by PCL Construction for $7,399,999 to construct the Seward Museum /Library. Section 2. The following amounts are appropriated from the following funds: 626-6261-5xxx - $3,000,000 626 - 6262 -5xxx - $ 500,000 Private Grant (Rasmussen) 626 - 6263 -5xxx - $ 199,999 Federal Grant (NEH) 626 - 6264 -5xxx - $3,700,000 G.O. Bond CITY OF SEWARD, ALASKA RESOLUTION 2011 -051 Section 3. The City Manager is authorized to issue a notice to proceed, enter into Amendment 1 to the Construction Phase Work Contract with PCL Construction, in substantially the form presented at this meeting, and negotiate a construction schedule based on funding availability. Section 4: This resolution will take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 20 day of June 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 4 Council Agenda Statement Meeting Date: June 20 2011 of sets, Phillip Oates, City Manager v 9 � a From: Michelle Weston, Assistant City Manager q P Agenda Item: Acceptance of PCL guaranteed maximum price, appropriation of funds, authorizing the notice to proceed and Amendment 1 to the Construction Phase Work Contract for the Seward Museum/Library BACKGROUND & JUSTIFICATION: The City of Seward entered into a construction manager at risk construction contract for the museum/library on November 1, 2010 with Council Resolution 2010 -098. Under the terms of this contract, PCL then provides the City of Seward with a guaranteed maximum price (GMP) to construct the building. PCL has proposed a GMP of $7,399,999 for construction the building. As outlined in Resolution 2010 -098, the City of Seward is now required to seek Council approval for approval of the GMP, appropriation of funds and authorizing the issuance of notice to proceed. RISE has been retained as the project manager for the project. INTENT: To authorize the City Manager to give PCL notice to proceed with construction of the Seward Museum/Library under a two phased schedule for construction with Phase 1 consisting of site preparation and foundation work in 2011 and Phase 2 consisting of building construction in 2012, with the City retaining the ability to consider a full phased construction schedule if full project funding is available. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: The City of Seward has received $5,100,000 for this project from the State of Alaska, $500,000 from the Rasmussen Foundation, $500,000 from the National Endowment for Humanities and a pledge of $500,000 in private donations. The City of Seward has approved with Council Resolution 2011 -047 a general obligation bond not to exceed $3,700,000. It is anticipated that there will be increased annual operating costs with the new larger Museum/Library building. 626 - 6261 -5xxx $3,000,000 626 - 6262 -5xxx $ 500,000 Private Grant (Rasmussen) 626 - 6263 -5xxx $ 199,999 Federal Grant (NEH) 626 - 6264 -5xxx $3,700,000 G.O. Bond Approved by Finance Department: • , ATTORNEY REVIEW: Yes X o RECOMMENDATION: 1 Recommend approval of Resolution 2011 - �'S a ccepting the GMP submitted by PCL, appropriation of funds, authorizing the issuance of notice to proceed and Amendment 1 to Construction Phase Work Contract with PCL Construction Services, Inc. 5 CONTRACT NO: C 10 -098 AMENDMENT NUMBER: 001 Agreement Between the CITY OF SEWARD And PCL Construction Services Inc. SUBJECT: Amendment No. 1 to the Library and Museum Project Preconstruction Phase Services and Construction Phase Work Contract authorized by Resolution No. 2010 -098, approved by the Seward City Council on October 25, 2010 ( "Contract "). RELATIVE TO: Construction of the Seward Library /Museum. The Agreement is hereby amended as follows: The City hereby accepts the guaranteed maximum price (GMP) as proposed by PCL Construction Services, Inc. on June 10, 2011, incorporated herein by reference, and associated phased construction schedule. The parties may approve a different construction schedule, depending on the availability of funding, if approved by both parties by August 30, 2011. The City Manager is authorized to approve an alternative schedule on behalf of the City, provided that the schedule does not result in an increase in overall costs of the project. All other terms and conditions of the Contract remain in effect and are unchanged. IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE THIS AGREEMENT: PCL CONSTRUCTION SERVICES, INC. By: Its: Date CITY OF SEWARD Phillip Oates. City Manager Date ATTEST: Johanna Kinney, City Clerk, CMC Date CITY OF SEWARD LIBRARY AND MUSEUM PROJECT PRECONSTRUCTION PHASE SERVICES AND CONSTRUCTION PHASE WORK CONTRACT This Contract is made and entered into this 25th day October, 2010, by and between the City of Seward, hereinafter "Owner" or "City," a general law municipality located at 410 Adams Street, Seward, Alaska 99664, and PCL Construction Services, Inc., whose address is 1400 Benson, Suite 510, Anchorage AK 99503, and who is licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor ". The City agrees to engage the Contractor to perform those services described herein, for preconstruction phase services and construction phase work, hereinafter "Work ". All of the Work is described in the design documents developed by the Architect: the 35% Schematic Design documents attached to this Contract in electronic form as Exhibit A. The Project Manager is: RISE Alaska, LLC 880 H Street, Suite 101 Anchorage, Alaska 99501 The Architect is: ECI Hyer, Inc. 101 Benson Blvd, Suite 306 Anchorage, Alaska 99503 The Owner and Contractor agree as set forth below: 1 TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS 4 § 1.1 RELATIONSHIP OF PARTIES 4 § 1.2 GENERAL CONDITIONS AND SPECIAL CONDITIONS 4 ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 4 § 2.1 PRECONSTRUCTION PHASE 4 § 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 6 § 2.3 CONSTRUCTION PHASE 9 § 2.4 PROFESSIONAL SERVICES 10 § 2.5 HAZARDOUS MATERIALS 11 § 2.6 REQUIRED PERSONNEL 11 § 2.7 FINANCIAL ARRANGEMENTS 11 ARTICLE 3 OWNER'S RESPONSIBILITIES 12 § 3.1 INFORMATION AND SERVICES 12 § 3.2 PROJECT MANAGER 13 § 3.3 ARCHITECT 13 § 3.4 LEGAL REQUIREMENTS 13 ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES ..13 § 4.1 COMPENSATION 13 § 4.2 PAYMENTS 14 ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 14 § 5.1 COMPENSATION 14 § 5.2 GUARANTEED MAXIMUM PRICE 14 § 5.3 CHANGES IN THE WORK 15 ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 15 § 6.1 COSTS TO BE REIMBURSED 15 § 6.2 COSTS NOT TO BE REIMBURSED 18 § 6.3 DISCOUNTS, REBATES AND REFUNDS 18 § 6.4 ACCOUNTING RECORDS 19 ARTICLE 7 CONSTRUCTION PHASE 20 § 7.1 PROGRESS PAYMENTS 20 § 7.2 FINAL PAYMENT 21 ARTICLE 8 INSURANCE AND BONDS 22 § 8.1 INSURANCE REQUIRED OF THE CONTRACTOR 22 § 8.2 NOT USED 22 § 8.3 PERFORMANCE BOND AND PAYMENT BOND 22 ARTICLE 9 MISCELLANEOUS PROVISIONS 23 § 9.1 DISPUTE RESOLUTION 23 § 9.2 OTHER PROVISIONS 23 ARTICLE 10 TERMINATION OR SUSPENSION 23 § 10.1 TERMINATION 23 2 § 10.2 NOT USED 24 § 10.3 NOT USED 24 ARTICLE 11 OTHER CONDITIONS AND SERVICES 24 § 11.1 MISCELLANEOUS 24 ARTICLE 12 CITY OF SEWARD ACKNOWLEDGMENTS Exhibit A Seward City Library Museum Request for Proposals for General Contractor and Construction Management Services, Addendum #1, and Addendum #2 and the Contractor's proposal response. Exhibit B 35% Schematic Design Documents Exhibit C General Conditions Exhibit D Supplementary Conditions Exhibit E Geotech Report 3 ARTICLE 1 GENERAL PROVISIONS § 1.1 RELATIONSHIP OF PARTIES The Contractor accepts the relationship of trust and confidence established with the Owner by this Contract, and covenants with the Owner to furnish the Contractor's reasonable skill and judgment and to cooperate with the Architect and the Project Manager (defined in Section 3.2) in furthering the interests of the Owner. The Contractor shall furnish Preconstruction Phase services outlined in Section 2.1 of this Contract and Construction Phase services outlined in Section 2.3 of this Contract. The Contractor will use its best efforts to perform the Work in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Architect, the Project Manager, the Contractor and other persons or entities employed by the Owner for the Project. § 1.2 GENERAL CONDITIONS AND SPECIAL CONDITIONS For the Construction Phase (including any portion of the Construction Phase that proceeds concurrently with the Preconstruction Phase), the General Conditions and Special Conditions of this Contract shall be the standard CITY OF SEWARD General Conditions and Supplementary Conditions, which are incorporated herein by reference. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES The Contractor shall perform the services and provide the Work as described in the Contract Documents. The services specified in Sections 2.1 and 2.2 are to be provided in the Preconstruction Phase. The Work specified in Section 2.3 is to be provided in the Construction Phase. If the Owner and the Contractor agree, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both Phases will proceed concurrently. § 2.1 PRECONSTRUCTION PHASE § 2.1.1 PRELIMINARY EVALUATION The Contractor shall provide a preliminary evaluation of the Owner's Work budget and schedule requirements, each in terms of the other. § 2.1.2 CONSULTATION The Contractor, the Project Manager, and the Architect shall jointly schedule and attend regular meetings (twice a month as a minimum) with the Owner. The Contractor shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on construction feasibility, actions designed to minimize adverse effects of labor or material shortages or harsh weather conditions, time requirements for procurement, installation and construction completion, and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies. § 2.1.3 PRELIMINARY CONSTRUCTION SCHEDULE When Work requirements described in Section 3.1.1 have been sufficiently identified, the Contractor shall prepare, and periodically update, a preliminary construction schedule for the Architect's review and the Owner's approval. The Contractor shall (a) obtain the Architect's approval of the portion of the preliminary construction schedule relating to performance of the 4 lb Architect's services and (b) coordinate and integrate the preliminary construction schedule with the other Project services and activities. As design proceeds, the preliminary construction schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price and Schedule of Values (defined in Section 2.2.4.6) proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long - lead -time procurement, Owner's occupancy requirements showing portions of the Work having occupancy priority, and proposed date of Substantial Completion. If preliminary construction schedule updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations to the Owner and Architect. § 2.1.4 PHASED CONSTRUCTION The Contractor shall make recommendations to the Project Manager and Architect regarding the phased issuance of Construction Documents to facilitate phased construction of the Work, if such phased construction is appropriate for the Work, taking into consideration such factors as economies, time of performance, availability of labor and materials, harsh weather conditions, and provisions for temporary facilities. § 2.1.5 PRELIMINARY COST ESTIMATES Based upon the 35% Design Documents, the Contractor shall prepare, for the review of the Architect and the Owner, a cost estimate for constructing the Work. During the further preparation of the Construction Documents for the Work, the Contractor shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Contractor. § 2.1.5.1 Not used. § 2.1.5.2 Not used. § 2.1.5.3 If any estimate for the Work submitted to the Owner exceeds previously approved estimates or the Owner's then current budget for the Work, the Contractor shall make appropriate recommendations to the Owner and Architect as to alternatives to bring the cost of the Work within the Owner's budget. § 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Contractor shall seek to develop interest by subcontractors and Suppliers for the Work and shall furnish to the Owner and Architect for their information a list of possible Subcontractors and Suppliers who are to furnish work, materials or equipment fabricated to a special design, from which bids or proposals will be requested for principal portions of the Work. The receipt of such list shall not require the Owner to investigate the qualifications of proposed Subcontractors or Suppliers; nor shall it waive the right of the Owner later to object to or reject any proposed Subcontractor or Supplier and/or to require competitive bidding or proposals for Subcontractor or Supplier selection by the Contractor. § 2.1.7 LONG - LEAD-TIME ITEMS 5 11 The Contractor shall recommend to the Owner and Architect a schedule for procurement of long - lead -time items which will constitute part of the Work as required to meet the Work schedule. If such long- lead -time items are procured by the Owner, they shall be procured on terms and conditions acceptable to both the Owner and the Contractor. Upon the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal, all contracts for such items shall be assigned by the Owner to the Contractor and assumed by the Contractor, and the Contractor shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long- lead -time items. § 2.1.8 EXTENT OF RESPONSIBILITY The Contractor does not warrant or guarantee estimates and schedules except as may be included as a condition to or in the Guaranteed Maximum Price, the Schedule of Values, any Change Orders, any amendment to this Contract, or any Subcontract, Supply Contract or Work authorized pursuant to Section 2.3.1.1(b). The recommendations and advice of the Contractor concerning design alternatives, construction feasibility, costing and scheduling, and other required construction management services shall be subject to the review and approval of the Owner, the Architect, and the Owner's other professional consultants. It is not the Contractor's responsibility to ascertain that the Contract Documents (including the Construction Documents) are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Contractor claims that portions of them are at variance therewith, the Contractor shall promptly notify the Architect and the Owner in writing, specifying the particulars of such variances. Because the Contractor is participating in the design of the Work, the Contractor shall be deemed to have waived all future claims against the Owner that the Work is not constructible, in whole or in part, based upon the Contract Documents (including the Construction Documents). However, the Contractor shall not be deemed to have waived any future claim that any specific part of the Contract Documents (including the Construction Documents) contains an error which has caused the Contractor to suffer increased Costs of Work, losses, damages or delays. § 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION; MINIMUM WAGES The Contractor shall comply with (a) all applicable laws, regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs, (b) any minimum wage requirements of Federal and /or State law, and (c) any special requirements that may be required by any of the Owner's funding sources for the Work. Owner shall advise Contractor of all such special requirements by the Owner's funding sources. Alaska prevailing wage requirements are in Section 32 of the General Conditions. § 2.1.10 REQUIRED PERSONNEL Contractor shall (a) cause its principal, Mr. Scott Ivany to be primarily in charge of and responsible for Contractor's Preconstruction Phase services. Contractor shall not re- assign or substitute for such personnel without the Owner's consent, which shall not be unreasonably withheld. § 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME § 2.2.1 When the Construction Documents are sufficiently complete in the opinion of both the Owner and Contractor, within 30 days thereafter the Contractor shall propose an updated 6 I Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work (including Contractor's Contingency defined in Section 2.2.3) and the Contractor's Fee (defined in Section 5.1.1) for construction of the Work in accordance with the Contract Documents (including the Construction Documents). Changes from the proposed GMP must be justified and reconciled to within the Architects independent cost estimate plus 2 %. If reconciliation and agreement on the Guaranteed Maximum Price proposal is not achieved within 45 days from the date that the Owner requests a Guaranteed Maximum Price proposal from the Contractor, the Owner may terminate the Contract for its convenience. § 2.2.2 If the Construction Documents are not finished and approved by the Owner at the time the Guaranteed Maximum Price and Schedule of Values proposal is made, the Contractor shall base the Guaranteed Maximum Price on the then existing Construction Documents and other Contract Documents. Further development of the Construction Documents by the Architect that includes such things as changes in scope or substantial changes in systems, kinds and quality of materials, finishes or equipment shall entitle the Contractor and /or the Owner to a Change Order that equitably adjusts the Guaranteed Maximum Price based upon such change. Otherwise, neither the Contractor nor the Owner shall be entitled to any Change Order or other adjustment to the Guaranteed Maximum Price or Schedule of Values as a result of any such change. § 2.2.3 The Cost of the Work included with Contractor's Guaranteed Maximum Price shall include all costs which are properly reimbursable as a Cost of the Work, including a Contractor's contingency ( "Contractor's Contingency ") to cover unanticipated costs in constructing the Work. Contractor's Contingency shall be 3% of the Cost of the Work. § 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: .1 A list of all of the Contract Documents (including the Construction Documents), which are the basis for, and included within, the Guaranteed Maximum Price proposal. .2 A list of all allowances assumed by the Contractor in its Guaranteed Maximum Price proposal and a statement of their basis. .3 A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in such Construction Documents and other Contract Documents. .4 The proposed Guaranteed Maximum Price. .5 A time schedule for performing the Work covered by the Guaranteed Maximum Price, which includes (a) the Date of Substantial Completion for such Work upon which the proposed Guaranteed Maximum Price is based and (b) the required permitting issuance dates (if any) upon which the date of Substantial Completion is based. .6 A schedule of values ( "Schedule of Values ") for all of the Work covered by the Guaranteed Maximum Price. The Schedule of Values shall allocate the Guaranteed Maximum Price among the various portions of the Work by 16 7 /3 Division CSI Specifications, showing the Contractor's Fee and Contractor's Contingency as separate items. § 2.2.5 The Contractor shall meet with the Owner and Project Manager to review the Guaranteed Maximum Price and Schedule of Values proposal, including the written statement of its basis. In the event that the Owner or Project Manager discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 The Owner shall have 30 days to review and accept the Guaranteed Maximum Price and Schedule of Values proposal in writing. Unless the Owner timely accepts the proposal by so notifying the Contractor, the Guaranteed Maximum Price and Schedule of Values proposal shall not be effective without written acceptance by the Contractor. § 2.2.7 Prior to the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal and issuance of a Notice to Proceed with the Work, the Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in -writing. However, the Owner shall have the right to issue (a) a Notice to Proceed to the Contractor for specific early portions of the Work prior to agreement on the Guaranteed Maximum Price if the price and other terms for such specific portions of the Work are agreed upon in writing by the Contractor and the Owner or (b) absent such agreement, a Construction Change Directive(s) for such specific portions of the Work may be issued by the Owner. § 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price and Schedule of Values proposal, the Guaranteed Maximum Price and Schedule of Values and their basis shall be set forth in a written amendment to the Contract Documents that is executed by the Owner and Contractor. This Contract, as amended, including the General Conditions, the Construction Documents, and all of the other Contract Documents specified by the Contractor pursuant to Section 2, shall thereafter constitute the "Contract Documents." The Guaranteed Maximum Price and Schedule of Values shall be subject to additions and deductions by changes in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 2.2.9 The Owner shall authorize and cause the Architect to revise the Construction Documents to the extent necessary to reflect the agreed -upon assumptions and clarifications contained in any amendment to this Contract referred to in Section 2.2.8. Such revised Construction Documents shall include any revised Work or Substantial Completion schedule agreed to by the Owner, Architect and Contractor. The Contractor shall promptly notify the Architect and Owner if such revised Construction Documents are inconsistent with or contrary to the agreed -upon assumptions and clarifications. § 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those applicable sales and use taxes which are enacted at the time the Guaranteed Maximum Price is established. Any applicable sales, use or similar taxes that are first enacted after the Guaranteed Maximum Price is agreed to entitle Contractor to a Change Order equitably adjusting the 8 )4 Guaranteed Maximum Price. However, no income tax or increase therein applicable to the Contractor shall entitle it to any such Change Order. § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL § 2.3.1.1 The Construction Phase shall commence on the earlier of: (a) the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal and issuance of a Notice to Proceed, or (b) the Owner's first authorization to the Contractor to: (i) award a Subcontract or Supply Contract or (ii) undertake construction Work with the Contractor's own forces; provided, however, that in the case of the authorizations referred to in Section 2.3.1.1(b) (i) the Construction Phase shall apply only to such Subcontract, Supply Contract or Work, (ii) the Construction Phase for the remaining part of the Work shall not begin until the Guaranteed Maximum Price and Schedule of Values are agreed to by the Contractor and the Owner in writing, and (iii) the price of all such Subcontract, Supply Contract and Work shall be included in the Guaranteed Maximum Price and Schedule of Values if and when they are agreed to by the Contractor and the Owner in writing. § 2.3.2 ADMINISTRATION § 2.3.2.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed by Subcontractors under subcontracts ( "Subcontracts ") or by Suppliers under supply contracts ( "Supply Contracts ") with the Contractor. The Contractor shall obtain bids or proposals from Subcontractors (as required by the Owner), and Suppliers of materials or equipment fabricated to a special design for the Work, from the list previously approved by the Owner and, after analyzing such bids or proposals, shall deliver such bids or proposals to the Owner. The Owner may designate specific persons or entities from which the Contractor shall obtain bids or proposals. The Owner reserves the right to require the Contractor to obtain competitive bids or proposals for any Subcontract or Supply Contract which has a cost to the Contractor of $250,000 or more. If a non - competitive or competitive proposal method for such a Subcontract or Supply Contract would result in significant cost savings to Owner, Contractor shall propose such method to Owner for its consideration and decision. If the Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids or proposals from other qualified Subcontractor or Supplier bidders or proposers. The Contractor shall not be required to contract with any Subcontractor or Supplier to which the Contractor has reasonable objection; and the Contractor shall not contract with any Subcontractor or Supplier to which the Owner has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder or proposer among those whose bids or proposals are delivered by the Contractor to the Owner (a) is recommended to the Owner by the Contractor, (b) is qualified to perform that portion of the Work, and (c) has submitted a bid or proposal which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid or proposal be accepted, then the Contractor may require that a change in the Work be issued to 9 IS equitably adjust the Contract Time and the Guaranteed Maximum Price and Schedule of Values or other change in the Contract Documents based thereon. § 2.3.2.2.1. Not used. § 2.3.2.3 Subcontracts with Subcontractors and Supply Contracts with Suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Sections 7.1.8 and 7.1.9. § 2.3.2.4 The Contractor shall schedule and conduct periodic meetings at which the Owner, Project Manager, Contractor and appropriate Subcontractors and Suppliers to discuss the status of the Work. The Project Manager shall prepare and promptly distribute accurate meeting minutes. § 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price and Schedule of Values proposal, the Contractor shall prepare a Work schedule per Article 6.6 of the General Conditions. § 2.3.2.6 The Contractor shall provide monthly written reports to the Owner and Project Manager on the progress of the Work. The Contractor shall maintain an accurate and complete daily log containing a record of weather, Subcontractors working on the site, number of workers working on the Work site, Work accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner for its inspection and copying. § 2.3.2.7 The Contractor shall develop a system of control for the Cost of Work acceptable to the Owner, including regular monitoring of actual Costs of Work for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated Costs of Work and report the variances to the Owner on at least a monthly basis. § 2.3.2.8 At the request of the Owner, the Contractor shall provide copies of job records or reports on a scheduled or as- requested basis. The cost of preparing these copies will be an eligible Cost of the Work. § 2.4 PROFESSIONAL SERVICES The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal 10 I 0 shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Project Manager. The Owner and the Project Manager shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Architect specified to the Contractor all performance and design criteria that such services must satisfy. The Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. § 2.5 HAZARDOUS MATERIALS § 2.5.1.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous or toxic material or substance, including, but not limited to, asbestos or polychlorinated biphenyl (PCB), encountered at the Work site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Project Manager in writing. § 2.5.1.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the hazardous or toxic material or substance reported by the Contractor and, in the event any such hazardous or toxic material or substance is found to be present in dangerous amounts, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Project Manager shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such hazardous or toxic material or substance or who are to perform the task of removal or safe containment of such hazardous or toxic material or substance. The Contractor will promptly reply to the Project Manager in writing stating whether or not either has reasonable objection to the persons proposed by the Project Manager. If the Contractor has an objection to a person proposed by the Project Manager, the Project Manager shall propose another to whom the Contractor has no reasonable objection. When the hazardous or toxic material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 2.6 REQUIRED PERSONNEL For the Construction Phase services Contractor shall cause (a) Ben Roll to be the Work Project Manager, (b) Andy Clapper to be the Work Superintendent, and (c) Amy York to be the Quality Control Manager. Contractor shall not reassign or substitute such personnel without the Owner's consent, which shall not be unreasonably withheld. § 2.7 FINANCIAL ARRANGEMENTS In addition to the Performance and Payment Bond requirements in Section 4 of the General Conditions, the Contractor shall, at the written request of the Owner, prior to commencement of 11 the Construction Phase and thereafter whenever required by the Owner, furnish to the Owner reasonable evidence that adequate financial arrangements have been made to fulfill the Contractor's obligations under the Contract. Furnishing of adequate evidence shall be a condition precedent to the Contractor's right to commence and continue the Work. After such evidence has been furnished, the Contractor shall not materially vary such financial arrangements without prior notice to Owner. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 INFORMATION AND SERVICES § 3.11 For the Preconstruction Phase, the Owner shall provide information in a timely manner regarding its requirements for the Work, including a program which sets forth the Owner's objectives, constraints, criteria, space requirements and relationships, flexibility and expandability requirements, special' equipment and systems, and site requirements. § 3.1.2 NOT USED § 3.1.3 The Owner shall establish and update an overall budget for the Work, based on consultation with the Contractor, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. § 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, Owner shall furnish to the Contractor with reasonable promptness, at the Owner's expense, the following. Except to the extent that the Contractor knows or should know of any inaccuracy, the Contractor shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Sections 3.1.4.1 through 3.1.4.4, but shall exercise customary precautions in doing so. § 3.1.4.1 Reports, surveys, drawings and tests concerning the physical conditions of the site which are required by law. § 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 To the extent reasonably required and when requested by the Contractor, the services of a professional geotechnical engineer for test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 12 § 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. § 3.1.4.5 The services of other consultants when such services are reasonably required for the Work are requested by the Contractor and are customarily provided by other owners in similar circumstances. § 3.2 PROJECT MANAGER The Owner shall designate in writing a representative ( "Project Manager ") who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Such Project Manager shall have the authority to make day to day decisions on behalf of the Owner related to the administration of the Work and will coordinate Owner approvals concerning estimates and schedules, construction budgets, and changes in the Work as required. The Project Manager shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the Work of the Contractor. The Project Manager for all such matters is RISE Alaska, LLC. § 3.3 ARCHITECT The Owner shall retain an architect and /or other qualified professionals to provide Basic Services, including normal architectural, structural, mechanical, electrical engineering and cost estimating services (in addition to those cost estimating services required of the Contractor) for the Work. Services shall be provided in accordance with time schedules agreed to by the Owner, and Contractor. The Architect for all such matters is ECI /flyer Architects. § 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Contractor of any special legal requirements relating specifically to the Work which are known to the Owner and differ from those generally applicable to construction of the Work in Alaska. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Contractor for Preconstruction Phase services as follows: § 4.1 COMPENSATION § 4.1.1 For the services described in Sections 2.1 and 2.2, the Contractor's compensation shall be calculated as follows: All inclusive hourly charges: Individual Title Hourly Rate Estimated Estimated (fully Hours Total Labor burdened) Ben Roll Project Manager $100 99 $9,900 Mark Schachterle Sr. Estimator $100 209 $20,900 Andy Clapper Superintendent $85 71 $6,035 13 I y Reimbursable Expenses for travel at cost plus 5 %. $2,165 Guaranteed Maximum Price for hourly charges, plus reimbursable travel expenses: Total - Not to exceed $39,000 § 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if (a) such services are required beyond the allowance specified in Section 4.1.1, (b) Preconstruction Services are required beyond 180 calendar days from the effective date of this Contract, or (c) if the originally contemplated scope of services is significantly modified by the Owner. § 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Contractor's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 4.1.4 NOT USED § 4.1.5 The compensation payable to the Contractor by the Owner under Section 4.1 shall not include Contractor's time in developing its proposal or negotiations for the Preconstruction Services Phase Guaranteed Maximum Price. § 4.2 PAYMENTS § 4.2.1 Payments to the Contractor by the Owner shall be made as provided in Article 7. § 4.2.2 A payment unpaid 30 days after the date on which such payment is due shall bear interest from the due date at the rate entered below, ( "Contract Rate "): Prime interest rate announced by Wells Fargo Bank for its prime commercial loan customers each calendar quarter, plus two percent (2 %) per annum. ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Contractor for Construction Phase services as follows: § 5.1 COMPENSATION § 5.1.1 For the Contractor's performance of the Work as described in Section 2.3, the Owner shall pay the Contractor in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 6 and the Contractor's Fee determined as follows: Three and one half percent (3 -1 /2 %) of the Cost of the Work, adjusted for Change Orders and Construction Change Directives (if any). § 5.2 GUARANTEED MAXIMUM PRICE § 5.2.1 The sum of the maximum Cost of the Work agreed to in writing by the Contractor and the Owner and the Contractor's Fee based thereon are guaranteed by the Contractor not to 14 20 exceed the amount provided in the amendment to this Contract referred to in Section 2.2.8, subject to additions and deductions by changes in the Work by Change Order or Construction Change Directive as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in this Contract and the other Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 5.3 CHANGES IN THE WORK § 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the amendment to this Contract referred to in Section 2.2.8 may be determined by any of the methods listed in Article 9 of the General Conditions. § 5.3.2 In no event shall the aggregate profit and general, administrative and overhead charges of (a) Contractor exceed 3.5% of any Change Order or Construction Change Directive allowable direct costs, (b) any Subcontractor exceed 8% of any Change Order or Construction Change Directive allowable direct costs, or (c) any Supplier exceed 8% of any Change Order or Construction Change Directive allowable direct costs. In no event shall the total of all such profit, general, administrative and overhead percentages exceed 28 %, regardless of whether there are multiple tiers of Subcontractors and /or Suppliers. § 5.3.3 NOT USED § 5.3.4 NOT USED ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 COSTS TO BE REIMBURSED § 6.1.1 The term "Cost of the Work" shall mean costs reasonably, necessarily and ordinarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project, except with prior consent of the Owner (which may in its discretion be withheld). The Cost of the Work shall include only the items set forth in this Article 6. § 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off -site workshops. .2 Wages or salaries (but not performance bonuses or the equivalent) of the Contractor's supervisory and administrative personnel when, and to the extent, stationed at the site. .3 Wages and salaries (but not performance bonuses or the equivalent) of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Contractor for sales, use and similar taxes, insurance, contributions, assessments and benefits required by law or collective 15 21 bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3. .5 The wages or salaries (but not performance bonuses or the equivalent) of the following personnel if stationed at the Contractor's principal office or offices other than the site office, but only for the portion of their time reasonably required for the Work they perform: This shall be negotiated and stipulated at the time of GMP of the Construction Phase. § 6.1.3 SUBCONTRACT AND SUPPLIER COSTS Payments made by the Contractor to Subcontractors and Suppliers in accordance with the requirements of the applicable Subcontracts and Supply Contracts and the Contract Documents. § 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be turned over to the Owner at the completion of the Work. § 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. .2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long - distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in discharge of duties connected with the Work. 16 ZZ § 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds specifically required by the General Conditions. (If charges for self - insurance are to be included, specify the basis of reimbursement.) .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Section 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's express prior written consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by other provisions of the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the fault of Contractor or its Subcontractors or their failure to fulfill a specific responsibility to the Owner set forth in this Contract. .8 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Contractor, to the extent they are not caused by the Contractor's fault and are reasonably incurred by the Contractor in the performance of the Work, provided the Owner gives its prior written permission, which permission shall not be unreasonably withheld. .9 Expenses incurred in accordance with Contractor's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. § 6.1.7 OTHER COSTS 1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. .2 Completion Cost — The Contractor will establish a completion cost line item in the Schedule of Values equal to 1.5 % of the Cost of the Work for Closeout Documentation. Once the Owner issues a notice of Final Completion as outlined in the General Conditions, the Contractor may request payment of the completion cost line item. § 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK 17 23 The Cost of the Work shall also include costs described in Section 6.1.1 which are incurred by the Contractor: .1 To the extent not caused by the fault of the Contractor, its Subcontractors, Suppliers, or any person for which any of them is legally responsible, in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. .2 In repairing or correcting damaged or nonconforming Work executed by the Contractor or any of its Subcontractors or replacing non - conforming materials provided by any of its Suppliers, provided that such damaged or nonconforming Work or materials was not caused by the negligence of the Contractor or any of its Subcontractors or Suppliers and only to the extent that the cost of repair, correction or replacement is not recoverable by the Contractor from insurance. § 6.2 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Sections 6.1.2.2, 6.1.2.3 and 6.1.2.5. .2 Expenses of the Contractor's principal office and offices other than the site office, except as specifically provided in Section 6.1. .3 Overhead, administration and general expenses of Contractor, except as may be expressly included in Section 6.1. .4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in Section 6.1.5.2. .6 Except as specifically provided in Section 6.1.8.2, costs due to the negligence of the Contractor, its Subcontractors, Suppliers, or other persons for whom any of them are legally responsible to the Owner under this Contract or applicable law or to the failure of the Contractor to fulfill a specific responsibility to the Owner set forth in this Contract. .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Section 6.1.7.1, any cost not specifically and expressly described in Section 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. .10 Costs of insurance not specifically required by the General Conditions. § 6.3 DISCOUNTS, REBATES AND REFUNDS § 6.3.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. § 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. 18 § 6.4 ACCOUNTING RECORDS § 6.4.1 The Contractor shall keep accurate, full and detailed accounts and utilize such accounting and control systems as may be necessary for proper financial management under this Contract and are acceptable to the Owner and its funding sources. The Owner and the Owner's accountants and attorneys shall be afforded full access during normal business hours for inspection and copying all of the Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, Supply Contracts, purchase orders, vouchers, memoranda and other data relating to the Work, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS PAYMENTS § 7.1.1 Based upon Applications for Payment submitted to the Project Manager, itemized based upon the CSI Specification Divisions listed in the Schedule of Values, and Certificates for Payment issued by the Architect and the Project Manager the Owner shall make progress payments to the Contractor as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the 25 day of the month. § 7.1.3 Provided an Application for Payment for the preceding month is received by the Project Manager by the 1 day of the next succeeding month, the Project Manager shall issue a Certificate of Payment based upon the percentage of completion of the Work through the period covered by such Application for Payment that is computed in accordance with the requirements of Section 7.1.6 and agreed upon by the Contractor and the Project Manager or, failing such agreement, the percentage of completion determined by the Project Manager. The Owner shall make payment to the Contractor of the amount specified in such Certificate of Payment not later than 30 days after the Project Manager's receipt of such Application for Payment. If and to the extent that an Application for Payment is received by the Project Manager after the 1st day fixed above, such Certificate of Payment and payment deadlines shall be correspondingly extended. § 7.1.4 Within 30 days after each Application for Payment, the Contractor shall submit an accounting in a form required by Owner, together with all supporting payrolls, petty cash accounts, invoices, and any other backup for the Application of Payment required by the Owner. § 7.1.5 Each Application for Payment shall (a) be based upon and allocate the Cost of the Work for which payment is sought therein among the various Work items (on both a per Application and cumulative basis) shown on the Schedule of Values; and (b) be prepared in such form and supported by such data to substantiate its accuracy and completeness as the Project Manager may require. The Schedule of Values shall be used as a basis for the Project Manager's review of the Contractor's Applications for Payment. § 7.1.6 Each Application for Payment shall show the percentage completion for each portion of the Work shown in the Schedule of Values, as well as all of the Work, as of the end of the period covered by the Application. The percentage completion for each such purpose shall be the lesser of 19 2� (a) the percentage of the subject Work which has actually been completed, or (b) the percentage obtained by dividing (i) the allowable Cost of Work which has actually been incurred by the Contractor on account of the subject Work for which the Contractor has made payment, by (ii) the share of the Guaranteed Maximum Price allocated to such Work in the Schedule of Values. § 7.1.7 Subject to other provisions in Section 7.1 and elsewhere in the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work shown in the Schedule of Values by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values. In determining the share of the Guaranteed Maximum Price properly allocable to completed Work, the Contractor shall have the right to allocate Contractor's Contingency among the other Work items shown in the Schedule of Values in its discretion. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. 2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation into the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, provided that good, marketable and unencumbered title to such materials and equipment passes to the Owner before or upon payment of such portion of the Guaranteed Maximum Price. .3 Add the Contractor's Fee attributable to the Cost of the Work for which payment is sought in such Application for Payment. The Contractor's Fee shall be computed upon the Cost of the Work for the period covered by the Application of Payment at the rate stated in Section 5.1.1. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract amounts, if any, for which the Project Manager has withheld or nullified a payment for cause. § 7.1.8 Upon receipt of the backup materials referred to in Section 7.1.4, the Owner shall compare (a) the aggregate Cost of Work through the end of the period covered by the Application for Payment to which they apply with (b) the Guaranteed Maximum Price multiplied by the percentage of completion of all of the Work which is the lesser of the percentages of compensation for all of the Work computed pursuant to Sections 7.1.6(a) and (b). If the amount in Section 7.1.8(a) varies from the amount in Section 7.1.8(b) by plus or minus 5% or more, at the discretion of the Owner it may require the Contractor to provide a written reconciliation of such aggregate Cost of Work within 10 days. Such written reconciliation shall explain in detail why such variation exists. In the event of an aggregate Cost of Work under run, such reconciliation shall estimate the portion of the Guaranteed Maximum Price that the Contractor 20 then believes will remain unspent by the Owner after the Final Payment to the Contractor to allow the Owner to plan for use in other Project priorities. In the case of an aggregate Cost of Work overrun, such reconciliation shall provide a detailed written plan for the Contractor to complete the Work for a total Cost of Work not to exceed the Guaranteed Maximum Price. § 7.1.9 Except with the Owner's express prior written approval, which may be withheld in its discretion, the Contractor shall not make advance payments to Subcontractors or Suppliers for Work, materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Contractor's Applications for Payment, the Owner and the Project Manager shall be entitled to rely on the accuracy and completeness of the accounting, backup and other information furnished by the Contractor and shall not be deemed to represent that they have made a detailed examination, audit or arithmetic verification of such accounting, backup or other information, that they have made exhaustive or continuous on -site inspections, or that they have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Project Manager or Owner's accountants or attorneys acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 Final Payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, as provided in the General Conditions, or to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work, together with such backup and other information as the Project Manager may require, have been submitted by the Contractor and reviewed by the Project Manager; and (3) a final Certificate for Payment has then been issued by the Architect and the Project Manager. Such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment. § 7.2.2 The amount of the Final Payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee, but not more than the Guaranteed Maximum Price after all required Change Orders, Construction Change Directives and other proper adjustments (if any) are taken into account. .2 Subtract amounts, if any, for which the Project Manager withholds, in whole or in part, in a final Certificate for Payment as provided in the General Conditions or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner, with interest at the Contract Rate. § 7.2.3 The Owner will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Project Manager by the Contractor. Based 21 upon such Cost of the Work as the Owner reports to be substantiated by the Contractor's final accounting, together with such backup and other information as the Owner may require, and provided the other conditions of Section 7.2.1 have been met, the Project Manager will, within seven days after completion of its written report, either issue to the Owner a final Certificate for Payment with a copy to the Contractor or notify the Contractor and the Owner in writing of its reasons for withholding such Certificate as provided in the General Conditions. The time periods stated in this Section 7.2 supersede those stated in other contract documents. § 7.2.4 If the Project Manager reports the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to proceed in accordance with Article 15 without a further decision of the Project Manager. Unless agreed to otherwise, a demand for mediation of the disputed amount shall be made by the Contractor within 60 days after the Contractor's receipt of a copy of the final Certificate for Payment. Failure to make such demand within this 60 -day period shall result in the substantiated amount reported by the Project Manager becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the final Certificate for Payment by the Project Manager. § 7.2.5 If, subsequent to Final Payment and at the Owner's request, the Contractor incurs costs described in Section 6.1 and not excluded by Section 6.2 to correct nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to Final Payment, but not in excess of the Guaranteed Maximum Price. ARTICLE 8 INSURANCE AND BONDS § 8.1 INSURANCE REQUIRED OF THE CONTRACTOR During the Preconstruction Phase and Construction Phase, the Contractor shall procure and maintain all of the insurance required in Article 5 of the General Conditions. During Preconstruction Services Phase, the Contractor shall not be required to maintain builders risk insurance. The premium cost of the insurance required such expressly endorsed to apply only to th e premium cost multiplied by the ratio that the Guaranteed Maximum Cost bears to the aggregate contract prices for Contractor's work for all clients during each premium period may be included within the Cost of the Work. § 8.2 NOT USED § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 8.3.1 Performance and Payment Bond Requirements are in Article 5.2 of the General Conditions. § 8.3.2 NOT USED 22 ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 DISPUTE RESOLUTION § 9.1.1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question between the parties to this Contract shall be resolved as provided in the General Conditions. § 9.2 OTHER PROVISIONS § 9.2.1 Unless otherwise noted, the terms used in this Contract shall have the same meaning as those in the General Conditions. "Architect" is the same as "Engineer" § 9.2.2 EXTENT OF CONTRACT The Contract Documents, which include this Contract and the other documents incorporated herein by reference, represent the entire and integrated agreement between the Owner and the Contractor and supersede all prior negotiations, representations, warranties, covenants, promises and agreements, either written or oral, with respect to the subject matter thereof. The Contract Documents may be amended only by written instrument signed by both the Owner and Contractor. If anything in any document incorporated into this Contract is inconsistent with this Contract, this Contract shall govern. No oral communications or course of dealing or performance between Contractor, Architect, Project Manager and /or Owner shall be taken into account to determine whether any amendment to the Contract Documents has occurred. § 9.2.3 NOT USED § 9.2.4 NOT USED § 9.2.5 ASSIGNMENT The provisions for Assignment of the Contract are included in Article 6.24 of the General Conditions. ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 TERMINATION § 10.1.1 The Owner may terminate this Contract at any time for convenience pursuant to Article 14 of the General Conditions. § 10.1.2 If the Owner or Contractor terminates this Contract pursuant to Section 10.1.1 prior to commencement of the Construction Phase, the Contractor shall be compensated only for Preconstruction Phase Services performed prior to receipt of notice of termination at the rate provided in Section 4.1.1; provided, however, that the compensation for such services shall not exceed the maximum compensation set forth in Section 4.1.1 without a Change Order or Construction Change Directive. § 10.1.3 If the Owner or Contractor terminates this Contract pursuant to Section 10.1.1 after commencement of the Construction Phase, the Contractor shall, in addition to the compensation provided in Section 10.1.2, be paid per the provisions of Article 14 of the General Conditions. 23 § 10.2 NOT USED § 10.3 NOT USED ARTICLE 11 OTHER CONDITIONS AND SERVICES § 11.1 MISCELLANEOUS Nothing contained in this Contract shall create (a) any contractual relationship or obligation between (i) the Contractor and (ii) any other third party, (b) any cause of action or defense by the Contractor against any other third party, or (c) any cause of action or defense in favor of any other third party against either the Owner or the Contractor. The Contractor shall require each of its Subcontractors, Suppliers and other parties with whom or which it contracts with respect to the Work to expressly agree in writing: (d) that the Owner is an intended third -party beneficiary of the Subcontract, Supply Contract, or other contract pursuant to which such Subcontractor, Supplier or other contract party provides labor, materials, supervision or services that are part of the Work for the benefit of the Owner; (e) that all of the provisions of this Contract applicable to the Work which such Subcontractor, Supplier or other contract party provides for the benefit of the Work, either expressly or by implication, except for compensation, supervision, direction and control, shall apply to such Subcontractor, Supplier or other contract party and supersede any and all contrary or inconsistent provisions under the Subcontract, Supply Contract or other contract; and (f) that such Subcontractor, Supplier or other party assumes the same contractual responsibilities and obligations for such Work directly to the Owner as if it were in direct privity of contract with the Owner, but all obligations to compensate, supervise, direct and control such Subcontractor, Supplier or other contract party shall remain solely with the Contractor. No Subcontract, Supply Contract or other contract between the Contractor and any of its Subcontractors, Suppliers or other contract parties may contain any liability limitation or cap or consequential damage liability waiver that is enforceable against the Owner. 24 This Contact entered into as of the day and year first written above. OWNER CONTRACTOR , s , • City of Seward, PCL Co • ruction Services,. Inc. BY By wA J , 11 , - Phillip Oates, City Manager Fred G. Regional Vice Pre //7 (7, 2010 C_c- q ,201d Date Date Attest: 41. , ill By: -10 1.., , e44. _ /Alt& Cy Clerk tr Of ger 0 if f '4 .;404•.. ( 1 4 6 ci SIL31 * -c,.. 94 i it As ' keib."it• 0 % .4 i To:" C:0A Otp„ OF ' egarig BESS 8 ' 25 3 i ARTICLE 12 AKNOWLEGEMENTS STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ! `' day of WVentii9fir 2010, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Phillip Oates to me known to be the City Manager of the City of Seward, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. # ,� � F�y N O ARY PUBLIC FOR ALASKA (Seal) ,4 ° Commission Expires: 7 - /4 - 01 3 m— �, AN)%1 ; ,, 1 /13 .� e '? j'�S� rq T� OF ,` � � / oI11I M STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this _ day of CC- O6-eA 2010, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared Fred Auch to me known to be the Regional Vice President, PCL Construction Services, Inc. the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. '' WITNESS3my hand and official seal the day and year in the certificate first above wrtter'i ' - r ,l NOTARY PUBLIC FOR WA HINGTON (Seal),, My Commission Expires 3 26 Z Johanna Kinney From: John Foutz Sent: Friday, June 17, 2011 3:39 PM To: Johanna Kinney Cc: Phillip Oates Subject: FW: Attachments: distribution standards.doc Hi Johanna, Attached is some valuable information for the City Council for Monday's special session. It seems the Federal Communications Commission is in the process of making a ruling on the very same topic that we are discussing with GCI. Please let me know if there is enough time to get it in. Thank you, John Foutz City of Seward Electric Utility Manager Office: 907- 224 -4071 1 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of ) Implementation of Section 224 of the Act; ) Amendment of the Commission's Rules ) and Policies Governing Pole Attachments ) WC Docket No. 07 -245 RM -11293 RM -11303 These comments also address the safety and reliability implications of unauthorized attachments. The Florida IODs urge that the route to solving the problem of unauthorized attachments is not through additional Commission involvement, but instead by the Commission allowing electric utilities to enforce their pole attachment agreements. Finally, these comments address certain specific access - related issues raised in connection with the Fibertech Petition, and urge the Commission not to adopt rules which could compromise the safety and reliability of the electric distribution systems. Safety and Reliability. 5. FPL's overhead distribution construction standards (which include third -party attachment standards) are based on a number of different factors. These factors include, but are not limited to, field experience, geography, climate, and distribution system studies. Our standards are not static. As we learn new lessons, these standards are routinely updated. For this very reason, FPL's pole attachment and joint use contracts include provisions that require attaching entities to comply with FPL's standards as revised from time to time. 6. In some instances, our standards exceed the requirements of the National Electric Safety Code ( "NESC "). The NESC contains a good baseline for third party attachment standards. However, it would be harmful to the safety and reliability of the distribution system for the NESC be considered a "ceiling" on standards. The NESC Handbook itself recognizes that the NESC standards are not appropriate in every instance, and that "local conditions" may call for different practices. See NESC Handbook, p. 3 (6th ed. 2006). Further, the NESC is a safety code - not a construction code. Certain standards which exceed the NESC may exist for purposes of ensuring the reliability of the system, or for accommodating speedy service restoration, or for purposes of maintenance efficiency, or all of the above. 7. Under the storm hardening rules promulgated by the FPSC, FPL is required to maintain a Storm Hardening Plan (for submission/approval to the FPSC every three years). As part of the storm hardening plan, FPL is required to "maintain written safety, reliability, pole loading capacity, and engineering standards and procedures for attachments by others to the utility's electric transmission and distribution poles" which "meet or exceed" the NESC. Fla. Admin. Code, Rule 25- 06.0342(5). The Storm Hardening Plan submitted by FPL contained standards (applicable to third party attachment and overhead construction, generally) which exceed the NESC. FPL's initial plan was approved by the FPSC by order PSC -07- 1023-FOF-EL. 8. One distribution construction standard unique to FPL is our adoption of extreme wind loading ( "EWL ") standards for critical infrastructure (e.g., facilities serving hospitals, 911 centers, police and fire stations, etc.) as well as new construction, major planned work, relocation projects, and daily work activities. This is an example of where our requirement exceeds the NESC minimum standards. FPL adopted EWL based on the storm history in its service territory, in conjunction with recommendations from a study commissioned by FPL to address system performance and reliability following the catastrophic 20Q4 and 2005 hurricane seasons. Safety and Reliability 5. TECO's overhead distribution construction standards (which include third -party attachment standards) are based on a number of different factors. These factors include, but are not limited to, field experience, geography, climate, and distribution system studies. These standards are regularly revised and updated as company engineers and business personnel learn new lessons in the field and elsewhere. TECO has adopted a Grade B distribution construction standard. 6. One example where our standard exceeds the NESC is the separation requirement between the bottom of a transfonner and the uppennost communications line. The NESC requires at least 30 inches of separation (so long as other clearances are met) but TECO requires 40 inches of separation. This 40 inch separation requirement exists for at least two reasons. First, it makes the separation requirement consistent with most other communications /electric separation requirements (40 inches is the typical separation), thereby eliminating a potential layer of confusion. Second, TECO's transformer construction configurations differ slightly from some other utilities in so far as the secondary is generally installed at roughly the mid—point of the transformer can. The additional 10 inches of separation makes poles safer in the event the metallic transformer can, for some reason, becomes energized. 9. FPL has a permitting process an attacher must follow before attaching to a pole which is set forth in the pole attachment agreements, as well as the third party attachment standards and procedures required by the FPSC. The fundamental purpose of these processes is to allow an opportunity to "pre- engineer" for the attachment in order to preserve the safety and reliability of the distribution system. The permitting process minimizes the incidence of clearance and loading violations, both of which can adversely impact the safety and reliability of the distribution system. Though the clearance requirements are of great importance, the loading requirements are of equal concern since these can impair the structural integrity of a pole line if not properly engineered. Overlashing, (lashing additional wires to the existing messenger cable wire) presents similar pole loading concerns (along with clearance concerns, particularly at mid span). The Communication Workers Safety Zone (sometimes called the "safety space ") is inches in most construction configurations. 5. PEF's overhead distribution construction standards (which include third -party attaclunent standards) are based on a number of different factors. These factors include, but are not limited to, field experience, geography, climate, and distribution system studies. Our standards are routinely updated based on experiences, studies and "lessons learned." For this very reason, PEF's pole attachment and joint use agreements include provisions that require attaching entities to comply with PEF's standards "as may be amended or revised." Our contracts also require that the attaching party meet the stricter of the requirements, where there are differences. PEF has adopted a Grade B distribution construction standard. 6. In some instances, our standards exceed the requirements of the National Electric Safety Code ( "NESC ") for a variety of reasons. One such reason has to do with materials. From a materials management perspective, it is much more efficient to purchase limited types of hardware and equipment that can accommodate multiple construction applications. The ability to use one piece of hardware, tool, or electrical equipment for a variety of construction types reduces inventory, engineering and construction cost. Another reason is to facilitate speed of restoration in the event of an outage. 3 L June 2 011 June 2011 July 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday May 30 31 Jun 1 2 3 7:OOpm CC WS; Chamt m 0 m 2 6 7 8 9 10 7:OOpm City Council W 6:30pm P &Z Work Ses 11:30am Seward Comm 13 14 15 16 17 7:OOpm City Council M 12:OOpm PACAB Meetin 9:OOam Social Security 6:30pm Historic Preser m 7 20 21 22 23 24 6:OOpm Special City Cc 6:30pm P &Z Work Ses N c 27 28 29 30 Jul 1 5:OOpm CC WS; 2010 A 7:OOpm City Council M N c Nanci Richey 1 6/17/2011 4:31 PM 3 July � 0 � � July 2011 August 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 Monday Tuesday Wednesday Thursday Friday Jun 27 28 29 30 Jul 1 N C 7 4 5 6 7 8 Independence Day; Of CO 11 12 13 14 15 5:45pm City Council W 11:30am Seward Comm 7:OOpm City Council M L 18 19 20 21 22 7:OOpm CC WS; Water, 6:30pm P &Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:30pm Historic Preser 00 25 26 27 28 29 7:OOpm City Council M rn N Nanci Richey 2 6/17/2011 4:31 PM 3�