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2015-10-28 CC Packet
CITY OF CENTERVILLE COUNCIL MEETING AGENDA teryi��e Wednesday, October 28, 2015 — Set Agenda = Red 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 P.M.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to Staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up sheet and give it to the Mayor or a Staff person prior to 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call IL PLEDGE OF ALLEGIANCE IIl. APPOINTMENTS/PRESENTATION 1. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman,ISD# 12 a. Purchase Offer— 1737 Main Street& Abutting Property (Page 1) PUBLIC INPUT V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. October 14, 2015 City Council Meeting Minutes "EMAIL ON MONDAY" VII. CONSENT AGENDA 1. City of Centerville October 15, 2015 through October 28,2015 Claims (Check 29789-29802) (Page 2) 2. Centennial Lakes Police Department Claims through September 24, 2015 (Check #10567-10590) (Page 3) 3. Centennial Fire District Claims through October 15,2015 (Check#7165-7182) & Payroll Check#7161-7164) (Page 4) 4. Embedded Systems, Inc. Annual Contract Renewal—Tornado Siren Maintenance (Pages 5-6) 5. Approve Resignation of Planning& Zoning Commissioner Mr.James Flint & Vacancy Advertisement (Page 7) VIIL OLD BUSINESS 1. Res.#15-OXX—Approving Joint Powers Agreement Between the City of Lino Lakes and Centerville Regarding Maintenance of West Cedar Street (Pages 8-10) 2. Res.#15-OXX—Approving Plans & Specifications and Ordering Advertisement for Bids on 2016 Thin Mill& Overlay Project (11-249) IX. NEW BUSINESS 1. Consider Purchase Offer for City Owned Property at 1737 Main Street & Vacant Abutting Lot PIN#23-31-22-21-0058 2. Presentation of Findings—Potentially Dangerous Dog Appeal "Rio" (Pages 250- 251) 3. Call for a Public Hearing—Kelly Property/Easement/Trail- 7258 Mill Road (Pages 252-254) 4. Review Metropolitan Council's 2015 System Statement—Centerville (Pages 255- 293) X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson 2. Council XI. ADJOURNMENT *REMINDERS** Planning& Zoning Commission Meeting—November 2, 2015, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting—November 4, 2015, 6:30 p.m. (Council Chambers) City Council Meeting—November 10, 2015, 6:30 p.m. (Council Chambers) City Council Meeting—December 9, 2015, 6:30 p.m. (Council Chambers) Centennial Flag Football —LaMotte Park Fields 1, 2 & 11 —August 1 —October 30, 2015 (Tuesdays, Thursdays & Saturdays from 5:00 p.m. —Sunset& 8:00 a.m. —2:00 p.m. Centennial Soccer—Acorn Creek Park Field 1 —April 1 —October 30, 2015 (5:00 p.m. — Sunset) Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —August 1 —October 30, 2015 (Mondays, Wednesdays & Fridays from 5:00 p.m. — Sunset GAUGHANG a ug h a n C on-,p a n ies.con i S(did I )IIII(Lin"n �i]],, 1961) J, N, ITY OWNED • FOR SALE OFFICE RETAIL LIST PRICE 737 Main St, Centerville, MN 55038 1Q1Q^ ^^ W I I VV I PROPERTY FEATURES $135,000.00 • Great Location in Downtown Centerville AVAILABLE AREA • Suitable for Office or Retail (Not Single Family) 1 ,050 SF MAIN BUILDING • Well Maintained Lot and Buildings .48 Acres (20,909 SF) LAND • Property Offers: 0 4 Rooms and 2 Restrooms on Main Floor PROPERTY ID * Full Basement and Finished Second Level PID 23.31.22.21.0058 * 2 1/2 Car Garage & Additional Land for Parking 23.31.22.21.0051 • Adjacent to Centerville Elementary School CONTACT • Located 20 Minutes North of the Twin Cities Lou Suski • Excellent Freeway Access to Interstate 35 E 612-238-4402 • Outstanding Redevelopment Site John Chirhart • Zoned MI - Mixed Use 612-238-4403 0 Copyright 2011 Gaughan Companies,All Rights Reserved Gaughan Companies nor their respective officers,directors,employees and agents make any representation or worrannes of any nature as to the accuracy or the completeness of this property fact sheet if you have Interest in the subject property,it should be independently verified CITY OF CENTERVILLE 10/23/15 11:35 AN Page 1 Check Detail -October 28, 2015 Date Check# Vender Name Comments t-ml 10/23/2015 000802E PERA PERA W/H-PAY PERIOD 21 Check Nbr 000802 PERA -82 10/23/2015 000803E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 21 Check Nbr 000803 MINNESOTA DEPT OF REVENUE $891.67 10/23/2015 000804E WELLS FARGO H.S.A.W/H-PAY PERIOD 21 Check Nbr 000804 WELLS FARGO $1.052.07 10/23/2015 000805E IRS/EFTPS FED W/H-PAY PERIOD 21 $2,308.79 10/23/2015 000805E IRS/EFTPS FICA/MED-W/H-PAY PERIOD 21 $2.922.80 Check Nbr 000805 IRS/EFTPS $5.231.59 10/28/2015 029789 BLAINE BROTHERS,INC. 2001 STERLING TRUCK-SERVICED&DOT INSPECTION Check Nbr 029789 BLAINE BROTHERS.INC. $1.689.48 10/28/2015 029790 COMCAST HIGH SPEED INTERNET Check Nbr 029790 COMCAST $35.77 10/28/2015 029791 DARIO LAWN CARE&SNOW REMOVAL LAWN MOWING-SEPT.2015 $681.82 10/28/2015 029791 DARIO LAWN CARE&SNOW REMOVAL LAWN MOWING-SEPT.2015 $6,818.18 10/28/2015 029791 DARIO LAWN CARE&SNOW REMOVAL LAWN MOWING-SEPT.2015 $1.350.00 Check Nbr 029791 DARIO LAWN CARE&SNOW REMOVAL $8.850.00 10/28/2015 029792 DELTA DENTAL COBRA-NOVEMBER DENTAL-D.LARSON $66.45 10/28/2015 029792 DELTA DENTAL NOVEMBER DENTAL INS $335.95 Check Nbr 029792 DELTA DENTAL $402.40 10/28/2015 029793 LINDUS CONSTRUCTION,INC. REFUND BLDG PERMIT# 15-078 6970 DUPRE RD $127.76 10/28/2015 029793 LINDUS CONSTRUCTION,INC. REFUND BLDG PERMIT# 15-078 6970 DUPRE RD $5.00 Check Nbr 029793 LINDUS CONSTRUCTION.INC. $132.76 10/28/2015 029794 MAMA 10-8-15 MAMA LUNCHEON MEETING Check Nbr 029794 MAMA $20.00 10/28/2015 029795 MCCULLOUGH AND SONS WELL DRILL WELL SEALING- 1994 ROBIN LANE S Check Nbr 029795 MCCULLOUGH AND SONS WELL DRILL $650.00 10/28/2015 029796 MET. COUNCIL ENV.SERV.(SDS) NOVEMBER 2015 WASTEWATER SERVICE Check Nbr 029796 MET.COUNCIL ENV.SERV.(SDS) $iF --9j 10/28/2015 029797 MINNESOTA PIPE&EQUIPMENT HYDRANT DIFFUSER- 15' HOSE ASSEMBLY-DIFFUSER HOSE Check Nbr 029797 MINNESOTA PIPE&EOUIPMENT $1-1,00 10/28/2015 029798 ON SITE SANITATION ACORN PARK-SERV THRU 11-6-15 $181.69 10/28/2015 029798 ON SITE SANITATION TRACY MCBRIDE PARK-SERV THRU 11-6-15 $181.69 10/28/2015 029798 ON SITE SANITATION ROYAL MEADOWS PARK-SERV THRU THRU 11-6-15 $181.69 10/28/2015 029798 ON SITE SANITATION LAMOTTE PARK-SERV THRU THRU 11-6-15 $181.69 10/28/2015 029798 ON SITE SANITATION EAGLE PARK-SERV THRU 11-6-15 $181.69 Check Nbr 029798 ON SITE SANITATION $908.45 10/28/2015 029799 SMITH&GLASER, LLC GENERAL-SERV THRU APRIL 2015 $2,546.00 10/28/2015 029799 SMITH&GLASER,LLC KELLY MATTER-SERV THRU APRIL 2015 $104.50 10/28/2015 029799 SMITH&GLASER, LLC GENERAL-SERV THRU MAY 2015 $1,995.00 10/28/2015 029799 SMITH&GLASER, LLC PROSECUTION-SERV THRU APRIL 2015 $5,195.05 10/28/2015 029799 SMITH&GLASER, LLC PROSECUTION-SERV THRU JUNE 2015 $5,030.31 10/28/2015 029799 SMITH&GLASER,LLC KELLY MATTER-SERV THRU JUNE 2015 $95.00 10/28/2015 029799 SMITH&GLASER,LLC GENERAL-SERV THRU JUNE 2015 $3,602.00 10/28/2015 029799 SMITH&GLASER,LLC PROSECUTION-SERV THRU MAY 2015 $4,368.05 Check Nbr 029799 SMITH&GLASER. LLC $22.935.91 10/28/2015 029800 STANDARD HEATING&AIR CONDITI REFUND M15-055-7258 MILL RD $1.00 10/28/2015 029800 STANDARD HEATING&AIR CONDITI REFUND M15-055-7258 MILL RD $40.00 Check Nbr 029800 STANDARD HEATING&AIR CONDITI $41.00 10/28/2015 029801 VERIZION WIRELESS CELL PHONE SERV THRU 10-9-15 $138.47 10/28/2015 029801 VERIZION WIRELESS CELL PHONE SERV THRU 10-9-15 $46.16 10/28/2015 029801 VERIZION WIRELESS CELL PHONE SERV THRU 10-9-15 $46.16 10/28/2015 029801 VERIZION WIRELESS CELL PHONE SERV THRU 10-9-15 $46.16 10/28/2015 029801 VERIZION WIRELESS CELL PHONE SERV THRU 10-9-15 $46.16 Check Nbr 029801 VERIZION WIRELESS $323.11 10/28/2015 029802 XCEL ENERGY 1880 MAIN ST-SERV THRU 10-5-15 $585.72 10/28/2015 029802 XCEL ENERGY 7285 MAIN ST-SERV THRU 10-5-15 $52.06 10/28/2015 029802 XCEL ENERGY 1880 MAIN ST-SERV THRU 10-5-15 $1,348.22 10/28/2015 029802 XCEL ENERGY STREET'S LIGHTS-SERV THRU 10-5-15 $2'rQ 36 10/28/2015 029802 XCEL ENERGY 1875 FOX RUN-PUMP-SERV THRU 10-5-15 6 10/28/2015 029802 XCEL ENERGY 1600 LAMOTTE DR-WARMING HOUSE-SERV THRU 10-5-15 -1 10/28/2015 029802 XCEL ENERGY 7300 MILL RD-SERV THRU 10-5-15 $202.67 10/28/2015 029802 XCEL ENERGY 1600 LAMOTTE DR-BALLFIELD LIGHTS-SERV THRU 10-5-15 $170.24 10/28/2015 029802 XCEL ENERGY 1889 CENTER ST-SEWER LIFT-SERV THRU 10-5-15 $19.34 Check Nbr 029802 XCEL ENERGY $4.690.18 Total checks$68,606.13 2 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 10/9/2015-10/23/2015 Oct 23,2015 11:33AM ,port Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 10/15 10/16/2015 10567 MIDWAY FORD INC 2016 FORD INTERCEPTOR UTILITY A 26,205.46 10/15 10/23/2015 10568 AMAZON SALES TAX 1,368.75 10/15 10/23/2015 10569 ANOKA COUNTY SEPT INTERNET ACCESS 461.80 10/15 10/23/2015 10570 ANOKA CO TREASURY DEPT. NOV BROADBAND 75.00 10/15 10/23/2015 10571 AWARDS BY HAMMOND, INC SALES TAX 24.00 10/15 10/23/2015 10572 CENTENNIAL UTILITIES UTILITIES SEPT JULY 1,940.24 10/15 10/23/2015 10573 CENTURY LINK COMMUNICATIONS 125.60 10/15 10/23/2015 10574 CONNEXUS ENERGY SEPT ELECTRIC 2,441.26 10/15 10/23/2015 10575 CONSOLIDATED COMMUNICATIONS PHONES/LONG DISTANCE 401.09 10/15 10/23/2015 10576 DAKOTA CO FINANCIAL SERVICES 2015 EBRIEFING FEE 696.00 10/15 10/23/2015 10577 DON'S CIRCLE SERVICE, INC VEH MTC&REPAIRS 3,208.73 10/15 10/23/2015 10578 FRATTALLONES HARDWARE, INC. CLEANING SUPPLY 2.98 10/15 10/23/2015 10579 GERDIN AUTO&TIRE FORFEITURE TOWING-SUZUKI 197.11 10/15 10/23/2015 10580 HEALTH PARTNERS NOV HEALTH INS 9,275.52 10/15 10/23/2015 10581 HOLIDAY FLEET FUEL 2,362.45 10/15 10/23/2015 10582 IMAGE PRINTING&GRAPHICS, INC WARNING NOTICES/OFFICER ON PR 80.48 10/15 10/23/2015 10583 BILL JACOBSON REIMB PHONE CASE 37.45 10/15 10/23/2015 10584 KEEPRS, INC UNIFORMS 891.96 10/15 10/23/2015 10585 CITY OF LEXINGTON FORFEITURE DISTRIBUTION GMC SIE 359.98 10/15 10/23/2015 10586 NEAL A.NOREN BLDG MTC HOURS 75.00 10/15 10/23/2015 10587 SHRED-N-GO, INC SHREDDING SERVICE 40.00 10/15 10/23/2015 10588 SUMMIT FIRE PROTECTION ANNUAL SPRINKLER INSPECTION 260.00 0/15 10/23/2015 10589 TACTICAL SOLUTIONS SALES TAX 116.00 10/15 10/23/2015 10590 TELECIDE PRODUCTIONS, INC COMPUTER MTC/SUPPORT 1,780.54 Grand Totals: 52,427.40 =Manual Check,V=Void Check 3 CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1 Check Issue Dates: 10/3/2015-10/15/2015 Oct 16,2015 09:33AM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 10/15 10/15/2015 7165 10850 ANOKA COUNTY TREASURY D BROADBAND 187.50 10/15 10/15/2015 7166 11565 ASPEN MILLS, INC UNIFORM 299.35 10/15 10/15/2015 7167 30480 CENTENNIAL UTILITIES SEPT UTILITIES STATION 1 131.43 10/15 10/15/2015 7168 50050 DARREN ECKART HOMECOMING PARADE CAND 122.23 10/15 10/15/2015 7169 60650 FRATTALLONE'S HARDWARE S VEH SUPPLIES 149.86 10/15 10/15/2015 7170 120450 CITY OF LINO LAKES SEPT REIMB-INSURANCE 28,128.21 10/15 10/15/2015 7171 130297 MARTIN-MCALL ISTER CONSUL PSYCHOLOGICAL TESTING 1,800.00 10/15 10/15/2015 7172 160050 PAETEC, INC PHONES STATION 2 160.18 10/15 10/15/2015 7173 240100 XCEL ENERGY ELECTRIC STATION 2 500.97 10/15 10/15/2015 7174 999958 ALEX R. MERRITT FEMA-REFERRA BONUS 100.00 10/15 10/15/2015 7175 999972 CHARLES E.STRUZYK FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7176 999999 MARK BECKENBACH FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7177 1000001 MATTHEW FIELD FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7178 1000002 KYLE HALL FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7179 1000003 CHAD HAYFT FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7180 1000004 DONALD KOSTOHRYZ FEMA-REFERRAL BONUS 100.00 10/15 10/15/2015 7181 1000005 JOSEPH SHARBONO FEMA-REFERRA BONUS 100.00 10/15 10/15/2015 7182 1000006 DAVID WEIGMAN FEMA-REFERRAL BONUS 100.00 Grand Totals: 32,379.73 M=Manual Check, V=Void Check 4 En2gEddEd 41tEn2l, _qna. Tel.(763)757-3696 11931 Hwy 65 NE, Minneapolis, MN 55434 Fax: (763)767-2817 www.embedsys.com jburgett@embedsys.com Contract Renewal October 15, 2015 OGS 19 'SUIS City of Centerville Mike Ericson 1880 Main Street Centerville, MN 55038 We are at the end of another tornado season. Embedded Systems,Inc. has provided our best service toward maintaining the tornado sirens for your city for the past several years. We would be very pleased to continue to provide Tornado Siren Maintenance for your city. The Monthly Siren Maintenance Fee for 2016 will be$43.93 per siren,per month. The decoder batteries for your city are scheduled to be replaced in 2018 for preventive maintenance. Battery replacement will occur once every 2 years for Hennepin and Ramsey County and once every three years for Anoka County for all units maintained by Embedded Systems under the original maintenance agreement, including those batteries which may have been replaced since the last scheduled replacement because of failure. We are asking that you please sign and return this contract renewal to us before November 16`h,2015 to enable us to continue to provide our best service through the end of 2016. Feel free to fax the signed contract renewal to (763) 767-2817 or email it to jbur eg_ttkembedsys.com. Thank you for your business and we look forward to servicing your needs through the next year. If you have any questions feel free to contact me directly. Thank you, Julie Burgett Embedded Systems,Inc. Contract terms accepted: Signature Date Phone Email For continuation of services through the end of the year 2016 5 i ornaao Sirens Master List Siren # Location 6 Centerville 1 11880 Main Street (City Hall/ Fire Dept.) 2 lCounty Rd. 14 Updated 10/6/2015 6 Mike Ericson From: Flint,James <jflintl@Fairview.org> Sent: Friday, October 09, 2015 11:05 AM To: Mike Ericson Subject: P&Z Importance: High Mike, I am unfortunately going to have to resign and step away from P&Z. It is not fair to the city and others that I continue to miss meetings,due to other engagements. I am really excited for you as the new Administrator,as you are what's needed for our city! I also wanted to apologize for Tuesday as I was running Centennial on ice tryouts, so I was not available to call. Please do not hesitate reaching out should you feel the need. Thank you, James Flint I Director of Facility Operations Fairview Health Services 6401 University Avenue NE 1300A I Fridley,MN 55432 Jflintl@fairview org I www.fairview.org Office.763-586-5824 1 Cell 612-345-1248 Fax 763-392-5671 Connect with Fairview Health Services on social media. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com The information transmitted in this e-mail is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material,including'protected health information'.If you are not the intended recipient,you are hereby notified that any review,retransmission,dissemination,distribution,or copying of this message is strictly prohibited.If you have received this communication in error,please destroy and delete this message from any computer and contact us immediately by return e-mail. 1 7 CITY OF CENTERVILLE RES.#15- APPROVING JOINT POWERS AGREEMENTS BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING MAINTENANCE OF WEST CEDAR STREET WHEREAS, West Cedar Street, east of 20th Avenue South (CSAR 54), is a line road between Lino Lakes and Centerville, with the corporate boundary in the center of the street, as platted; and WHEREAS, The City of Centerville and the City of Lino Lakes paved West Cedar Street from 20'' Avenue S. (CSAR 54) eastward approximately 1,650 feet pursuant to a Joint Powers Agreement; and WHEREAS, the two Cities also desire to enter into a Joint Powers Agreement for the ongoing maintenance of West Cedar Street. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Centerville that the Joint Powers Agreement with the City of Lino Lakes concerning the ongoing maintenance of West Cedar Street is approved. Adopted by the Council of the City of Centerville this_day of , 2015. Mayor, Tom Wilharber Attest: City Clerk, Teresa Bender 8 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING MAINTENANCE OF WEST CEDAR STREET THIS AGREEMENT is made and entered into on the latest date set forth below by and between the City of Centerville and the City of Lino Lakes,governmental subdivisions of the State of Minnesota. RECITALS 1. West Cedar Street east of 20th Avenue S.is a line road that is on the border between Lino Lakes(to the south)and Centerville(to the north)with the center line of the Street,as platted,as the corporate boundary. 2. The City of Centerville participated with and the City of Lino Lakes when it paved West Cedar Street from 20`b Avenue S.(CSAR 54)eastward approximately 1,650 feet pursuant to a Joint Powers Agreement. AGREEMENT In consideration of the mutual undertakings expressed herein,Lino Lakes and Centerville agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms of the agreement between Lino Lakes and Centerville to maintain West Cedar Street east of 20`h Avenue South until such time as it becomes necessary to reconstruct this section of street. 2. Division of Cost. a. The two cities will equally share in the cost to crack fill and sealcoat the roadway when mutually agreed .Lino Lakes shall pay 90%of this cost and Centerville shall pay 10%of this cost until such time as West Cedar Street connects to 21 S`Street in Centerville.-Lino Lakes Formatted:superscript will perform the work and invoice Centerville 10%eae half of all costs, including personnel,materials and equipment. Centerville shall submit payment to Lino Lakes within 30 days of receipt of the invoice. f------ Formatted:Indent:Left: 1", No bullets or a.b.A City is obligated to pay a debt under this Agreement only if it approves numbering the cost or estimated cost of work performed pursuant to this Agreement before work is performed or any cost is incurred. b.c.Centerville shall perform annual stfeet sweeping,snow plowing and winter sanding/de-icing at its sole expense. 9 e-A.Genterwille shall maintain the storm water-dfainage system,iflejuding equally between Line Lakes d r ` i Each City shall inspect and - maintain the storm water drainage system within its boundaries d. Genter-ville shall mew the ditehes at least onee in the stiffifAef and eflee in the e. Each City is responsible for the following on its respective side of West Cedar Street: i. Erecting and maintaining appropriate signage. ii. Maintaining the gravel shoulders. iii-.ii. Cutting,trimming or removing brush and trees. f. Substantial repair projects,such as reconstruction and overlays,shall be completed by separate agreement between the two Cities. 3. Approval. Before this Agreement shall become binding and effective,it shall be approved by an appropriate resolution of the City Councils of Centerville and Lino Lakes. CITY OF CENTERVILLE CITY OF LINO LAKES Mayor Mayor Attest: Attest: City Clerk City Clerk Dated Dated 2 10 CITY OF CENTERVILLE RES.#15- APPROVING JOINT POWERS AGREEMENTS BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING MAINTENANCE OF WEST CEDAR STREET WHEREAS, West Cedar Street, east of 20a' Avenue South (CSAH 54), is a line road between Lino Lakes and Centerville, with the corporate boundary in the center of the street, as platted; and WHEREAS, The City of Centerville and the City of Lino Lakes paved West Cedar Street from 20th Avenue S. (CSAH 54) eastward approximately 1,650 feet pursuant to a Joint Powers Agreement; and WHEREAS, the two Cities also desire to enter into a Joint Powers Agreement for the ongoing maintenance of West Cedar Street. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Centerville that the Joint Powers Agreement with the City of Lino Lakes concerning the ongoing maintenance of West Cedar Street is approved. Adopted by the Council of the City of Centerville this day of , 2015. Mayor, Tom Wilharber Attest: City Clerk, Teresa Bender 11 tervi fe Dwifsha1857 Project Manual For 2016 Thin Bituminous Overlay Project Prepared for: City of Centerville, Minnesota Sta ntec November 2016 Stantec Project No. 193803352 12 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER 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. Mark R.Statz, PE Date:October 28, 2015 License # 42717 END OF SECTION ©2015 Stantec 1 193803352 PROFESSIONAL CERTIFICATIONS 0001 05-1 13 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00- Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions 00 73 40 Funding Agency SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 3100 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7000 Execution Requirements Division 02-Existing Conditions 0241 13 Selective Site Demolition Division 03 to 19- Not Used FACILITY SERVICES SUBGROUP Division 20 to 29-Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 to 31 -Not Used Division 32-Exterior Improvements 32 12 01 Flexible Paving for Municipal Projects Division 33 to 39- Not Used TABLE OF CONTENTS C 2015 Stantec 1 193803352 0001 10-1 15 PROCESS EQUIPMENT SUBGROUP Division 40 to 49- Not Used END Of SECTION ©2015 Stantec 1 193803352 TABLE OF CONTENTS 0001 10-2 16 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Centerville, Minnesota, in the City Hall at 1880 Main Street, until 10 A.M., CST, Wednesday, December 2, 2015, at which time they will be publicly opened and read aloud for the furnishing of all materials,for the following: 2016 Thin Bituminous Overlay Prosect In general, Work consists of supplying labor and materials for the 2016 Thin Bituminous Overlay for Deer Court, Hunters Trail, Meadow Circle, Meadow Court, Cottonwood Court, North Robin Lane, Cardinal Drive,South Robin Lane, West Robin Lane, and Mill Road in the City of Centerville. The Project consists of the following approximate quantities: 26,000 SY Full Width Mill 1,600 Ton 1.0" Wear Course Overlay-SPWEA340E 1,350 Ton 2.0" Wear Course Overlay-SPWEA340E No bituminous patching,curb patching,turf restoration, erosion control or other correlated appurtenances will be included in this project. Complete digital Bidding Documents are available at www.questcdn.com for$20 by inputting QuestCDN eBidDoc#4138922 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of Centerville and at Stantec,2335 Highway 36 West,St. Paul,MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager Mark Statz at (651) 604-4709. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 90 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 90 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Teresa Bender, Clerk City of Centerville, Minnesota ©2015 Stantec ADVERTISEMENT FOR BIDS 193803352 0011 13- 1 17 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions.Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office-The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum,if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer,in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date,whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803352 0021 13-1 19 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work,within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4- EXAMINATION OF BIDDING DOCUMENTS,OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request.Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request.Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS TO BIDDERS 0 2015 Stantec ( 193803352 0021 13-2 20 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions,and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03,and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations,explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents.On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents,and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state,and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable"technical data,"and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable"technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents,with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; ©2015 Stantec 1193803352 INSTRUCTIONS TO BIDDERS00 21 13-3 21 F. agree at the time of submitting its Bid that no further examinations,investigations, explorations,tests,studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required,and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities,or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences,and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors,ambiguities,and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre-Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents.Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding.Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803352 0021 13-4 22 ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited.Such forfeiture shall be Owner's exclusive remedy if Bidder defaults.The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening,whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages,if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND"OR-EQUAL" ITEMS 11.01 The Contract, if awarded,will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal" items.Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS,SUPPLIERS,AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening,submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required.Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier,individual, or entity if requested by Owner. If Owner or Engineer,after due investigation, has reasonable objection to any proposed subcontractor, supplier,individual, or entity, Owner may, before the Notice of Award is given, INSTRUCTIONS TO BIDDERS ©2015 Stantec 1 193803352 0021 13-5 23 request apparent successful Bidder to submit a substitute,in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors,suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor,supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor,supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item,and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign.The corporate seal shall be affixed and attested by the secretary or an assistant secretary.The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign.The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and ©2015 Stantec 1 193803352 INSTRUCTIONS TO BIDDERS 0021 13-6 24 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form. Bidders shall clearly indicate the name, Specification Section number, and the total deduct to the Total Base Bid for each Substitute Item proposed. 13.14 Bidders shall identify the name of the subcontractor that will perform the listed portion of the Work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price.The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. ARTICLE 15 -SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder,and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form.This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form.The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803352 0021 13-7 25 ARTICLE 17- OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly.An abstract of the amounts of the Base Bids and major Alternates, if any,will be made available to Bidders after the Project is awarded. ARTICLE 18- BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may,in its sole discretion,release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids,including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids.Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors,suppliers,and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors,suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice.This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ©2015 Stantec 1 193803352 INSTRUCTIONS TO BIDDERS 0021 13-8 26 ARTICLE 20- CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance.When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto.Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22-RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota,2014, chapter 253 (Minnesota Statutes §16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes §16C.285,subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal.Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner.A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes§16C.285,subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23-SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes §16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with §16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION ©2015 Stantec 1 193803352 INSTRUCTIONS TO BIDDERS 0021 13-9 27 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification,and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports,drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office.Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated November 29, 2007, prepared by Braun Intertec entitled, "A Geotechnical Evaluation Report". Note:Specify Technical Data that will be posted to our web store in paragraph C below. Delete this paragraph if you have none. C. Portions of reports and drawings used by Engineer in the preparation of Bidding Documents are available at www.questcdn.com for$20 by inputting QuestCDN eBidDoc #4138922 on the website's Project Search page. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ©2015 Stantec 1 193803352 AVAILABLE PROJECT INFORMATION 0031 00-1 29 BRAUN !NTE RTEC Letter of Transmittal Client: City of Centerville Braun Intertee Project No: SP-07-03738 Transmittal No: 4 Date: November 29,2007 Braun Intertec Corporation 1826 Buerkle Road Saint Paul,MN 55110 To: Ryan Goodman Bouestroo,Inc. 2335 Highway 36 West Saint Paul,MN 55113 Phone: 6516364600 Fax: 6516361311 Re: 2009 Street&Utility Improv.ProJ-,City Of Centerville,Centerville,MN This Transmittal is being Sent: For your approval As requested ..X For your records For review Information Sent CoPies Refereace Numbers Comments/Clarification Revised Report 1 Transmittal List Information Sent Ryan Goodman, Bonestroo,Inc. Dallas Larson, City of Centerville Revised Report(1) Revised Report(1) Sent By: Joel C Kurpius Phone: (651)487-3245 Rev.a(M Providntg engineering and etrviromnental solutions since 1957 31 A Geotechnical Evaluation Report 2009 Street and Utility Improvement Project Various Public Roads Centerville,Minnesota Prepared for City of Centerville Professional Certification: 1 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 Engine. under ie laws of the State of Minnesota. Joel .Kurpius, E ; Projec Engineer 4= License Number: 43523 i�•oi4A,�� November 29,2007 N�MMtpµ�' Project SP-07-03738 Braun Intertee Corporation 32 O, Y• Brown Intortac Corporation Phone 6514873245 :i1826 Buerkle Rood BRAUN Fox: 6514871812 Saint Poul.MN 55110 Web: brounintertec com INTERTEC November 29,2007 Project SP-07-03738 Mr.Dallas Larson—City Administrator City of Centerville 1880 Main Street Centerville,MN 55038 Re: Geotechnical Evaluation 2009 Street and Utility Improvements Project Various Public Roads Centerville,Minnesota r Dear Mr.Larson: .i; We are pleased to present the attached geotechnical evaluation report for the above-referenced project- If you have questions about the attached report,please call Joel Kurpius at 651.487..7006. Sincerely, w BRAUN INTERTEC CORPORATION ` Joel Kurpius,P Ul-16 Proje I Engineer r Mark L Jenkins,PE v Senior Engineer Attachment: Geotechnical Evaluation Report c: Mr. Ryan Goodman,Bonestroo,Inc. SP0703738 r Celebrating 50 years of growth through service and trust 33 Table of Contents Description Page A. Introduction'-. ........ ...................-----_-.--�'---' _- � l A.]. Situation..............'---_' .- '.-.--.-'_ ^............................... ...... --.-.-�- . - 1 A2. Anticipated Subsurface Conditions................. .... ................................. .--'_---- A.3. Project 0omls'-_---____............... -- --'--.. --- �_.-.-.-----�_-_-- ] A-4. Scope mfServices'----............ ............ _^-_.-.._-'_ .............. ........ .................... I A-4.a. ---__-----'-.' ___-'--- l A4.bBorings..... ........ ......... -_ -- -'- 2 A/4�c. - . .............. 'I A.4.d. Laboratory Testing-...-.. 3 A4c Engineering Evaluation and Z G|, Results ,... . 2 2i}� Log of'Boring Sheets'- ................ .... 2 B,2, MaterialsSummary- ....... .......___-' -- -_. ...- ...... ....... 3 B.2.a. Pmvmoent--' ---. .......................---_-- - - 3 %l2.b Existing FiQ-_-___--'__- -.......................... -_---- -_-' _.-'4 B.Z.c. BuriedTopsoil. _-4 B-2x] Native Soils......---............ -..............._ '' ___ ...... ........... 4 B-3. Penetration Resistance Data..................._ -_' ........... ._ .................. ..... '----_4 BA, Laboratory Test Remmltn. '-'----_ - -_- _-'_. --- ....... 5 ]B5. GroundwotcrMcounmemento ._-_' _.......... .......... 5 C. Evaluation and Analyses-_-_-................... 5 C�]. Design Details _- ......... 5 C.La. Proposed Coostnuction. 5 C.l]h. Pavement Types and Traffic Loads... 6 CLI.c. Anticipated Grade Changes. ............... ........... .-_- --- -_--_'' C.l.d. Construction Schedule.--_-- . C.l.e. 9rccondmoo Regarding Changed Information...................................................... 6 C,2. Pavement Support ................ ..............-'--'...... ...... b C.3. UtilitySupport--- -'-- -_-...................... .................... __-- _'---..........7 CA. Reusing On-Site Materials ................................ ...................... -.-' . ..........0 C.5. Groundwater Considerations............................................ ....................................----- '8 C.6. Consideration for Unfavorable Weather,...... .................................. - - -. 8 D. --_ _---- _--_-__ -_ - _ - ................. ' ........... 9 Ikl. Pavement Subgrade Preparation.................................... ............-__...... g D3 Selecting Replacement Backfill and Additional '9 D3. Placement and Compaction of Backfill and Fill- .............................. .......... lO DA, Povemcnts---..'_ --'-__-_-..`-.-._.----~ _--..-__ ._--,' ........- lU DA.a' ...........................- ......- 1U D4.b' Geotpxtile............. .........................-'--_-'..............-'-_-'--------_- 1O D4.c. Design ...... .................. ...................................... lI D4.d. Materials and Compaction.................................................................. -'_-...... 1l D4.e. 8obyradeDrainage.......................... - ............_ ........ ............... ........- ...........11 34 Table of Contents(continued) D.5. Utilities_........ .._.......... ......... ....... ....... ......... ..,.. ...... ............. .......... . ... ... . .. .. .. .... 12 D.5.a Excavations, 12 D.5.b. Subgrade Stabilization................ ................... ....,......... .,.. ..... . 12 D.5.c. Selection,Placement and Compaction of Backfill...,.. ................... .. .............. 12 D.5.d. Dewatering..........,.,....,....,..... _... ................. ............................... ......._.. 12 D.6, Construction Observations and Testing-....,.. .................___.................... . ...... . .........._ 12 D.6.a. Observations..........,,,.................... ...... ... .......... .......... .................. ........... 12 D..6,b. Materials Testing......... .......... 12 D.6.c. Cold Weather Precautions................ .. .......... 12 EProcedures.._.........,.... ............, ...., _......... ...,......... ... ....... ........,.. 13 E..1 Penetration Test Borings.. ......................._....,,. ................. .. ....... 13 E,2. Materials Classification and Testing__...... .............. .. .. ... ...... ........ ... ...... . . ..., 13 E.2.a_ Visual and Manual Classification.. . ...... ..... . 13 E.2.b. Laboratory Testing... ..... 13 E-3 Groundwater Measurements..... .. ........ ... ... .. .......... .... .......... .. . .... ... ..... ......... 13 F. Qualifications...,....................................... ...... ...... .............. .......... ... ... .... .. .. ........ ... ................ 14 F.l, Variations in Subsurface Conditions..... ...,.... ...,.,......,.................... .......... ..........,..... . 14 F.La Material Strata...... ........... .......... .... .. ...... .... . . 14 F.l.b. Groundwater Levels................. ........................... ....... ..... .. .. ._. .. 14 F,2. Continuity of Professional Responsibility.. _....... .. ... ....... ............... .... .... .. ...... .... 14 F.2.a. Plan Review......... ....._._ 14 F.2.b. Construction Observations and Testing...... ............. . ..,. 14 F,3, Use of Report. ............... .......... .. ... ....................... ............. .... ..... . 15 F.4 Standard of Care...... .... _.... ....,...., . .............. ........,........ .. ._ .._ .. .... .. 15 Appendix Boring Location Sketch Log of Boring Sheets Descriptive Terminology 35 857 2°O Braun Inlorlec Carporalion Phone: 6514873245 1826 Buerkle Rood F 6514871812 Solna Poul.MN 55110 Web: brauninteileccom BRAUN 1NTERTEC A. Introduction A,1. Situation On behalf'of the City of Centerville,Bonestroo,Inc.,requested a geotechnical evaluation for the proposed 2009 Street and Utility Improvements Project.We understand that the improvements will include both pavement reconstruction and utility installation Currently,the roads are paved with bituminous,and utility improvements will consist of water main installation A.2. Anticipated Subsurface Conditions Upon review of Regional Assessment Series,Assessment RHA-1,Plate 1,Surficial Geology(Minnesota Department of Natural Resources, 1993),the area designated for the 2009 Street and Utility Improvements Project is underlain with glacial deposits associated with the Grantsburg Sublobe of the Keewatin ice source. We anticipate that portions of the glacial soils will be concealed with fill materials } similar in composition. A.3. Project Goals Our goals included characterizing subsurface soil and groundwater conditions in the areas of the proposed street reconstruction and utility installation,and developing recommendations for utility installation,subgrade preparation and pavement design. A.4. Scope of Services Based on our knowledge of the situation and the site and subsurface conditions,and our project goals,we developed a scope of services for this project and submitted it in the form of a proposal to Ms.Emily Maloney of Bonestroo,Inc Mr.Dallas Larson,City Administrator for the City of Centerville,provided written authorization to proceed, Our scope of services was performed under the"Agreement Between City of Centerville and Braun Intertec." AA.a. Reconnaissance We performed a cursory reconnaissance of the site primarily to evaluate equipment access to prospective borings,stake the boring locations and clear those locations of underground utilities through a meet with Gopher State One Call. v t Celebrating 50 years of growth through service and trust 36 City of Centerville Project SP-07-03738 November 29,2007 Page 2 A.4.b. Borings Our firm performed 55 standard penetration test borings. The borings were drilled to depths ranging from about 6 to 21 feet,totaling about 436 lineal feet of drilling. The deeper borings were performed where watermain is proposed to be installed. Penetration resistance tests were performed as the borings were advanced. Penetration resistances, measured in blows-per-fool (BPF),provide an empirical means of estimating relative material density, consistency,strength and compaction. The depths at which the penetration resistance tests were performed,and the test results,are shown on the Log of Boring sheets included in the Appendix, and are discussed below in Section B. AA.c. Surveying Our firm did not obtain ground surface elevations at the boring locations. AAA. Laboratory Testing Laboratory tests were performed on selected penetration test samples to help classify them and evaluate their engineering properties. We performed six moisture content tests,six mechanical analyses(through the#E200 sieve only)and one organic content test. Our test results are shown on the boring logs and are summarized in Section B. AA.e. Engineering Evaluation and Analysis Samples were returned to our laboratory and were visually classified and logged by a geotechnical engineer. Data obtained from the borings was used to fulfill our project goals,that is: characterizing subsurface soil and groundwater conditions in the areas of the proposed street reconstruction and utility installation,and developing recommendations for utility installation,subgrade preparation and pavement design. B. Results B.I. Log of Boring Sheets The attached Log of Boring sheets classify and describe the materials encountered,and present the results of penetration resistance,laboratory tests and groundwater measurements. Geologic origins assigned to the strata shown on the logs were determined from a review of material classifications, penetration resistance,laboratory tests and geologic publications pertinent to the site and general area. 37 City of Centerville Project SP-07-03738 November 29,2007 Page 3 B.2. Materials Summary The types of materials encountered by the borings are described below. The materials are generally described in the order they were encountered,i..e.,beginning at the ground surface. B.2.0. Pavement The borings encountered pavement at the surface. The pavement consisted of gravel or bituminous materials. Table 1,below,presents the pavement thicknesses on a boring-by-boring basis. Table 1, Existing Pavement Section Thicknesses Bituminous Aggregate Base Bituminous Aggregate Base Boring (inches) (inches) Boring (inches) (inches) ST-1 5 9 ST-29 3 4 ST-2 4 12 ST-30 5 6 ST-3 41/2 9 ST-31 5 6 STA 4 1/2 45 ST-32 4 32 ST-5 41/2 10 ST-33 5 3 ST-6 5 9 ST-34 6 9 ST-7 4 10 ST-35 5 7 ST-8 4112 12 ST-36 4 8 ST-9 4 1/2 4 ST-37 4 1/2 10 ST-10 51/2 10 ST-38 4 7 STA 1 5 7 ST-39 4 1/2 8 ST-12 5112 96 STAG 4 7 ST-I3 51/2 12.5 STAT 5112 10 ST-14 5 10 ST-42 5 11 ST-15 51/2 11 ST43 5 12 ST-16 51/2 8 ST-44 41/2 9 ST-17 5 7 STA5 4 1/2 8 ST-18 5 12 ST-46 4 11 ST-19 5112 12 STAT — — ST-20 51/2 10 ST-48 4 4 ST-21 5 10 STA9 4 112 3 ST-22 5 10 ST-50 4 1/2 9 ST-23 5 15 ST-51 4 1/2 9 ST-24 5 10 ST-52 5 11 ST-25 5 9 ST-53 5 10 ST-26 41/2 9 ST-54 5 9 ST-27 5 7 ST-55 5 1/2 6 ST-28 J 4 10 — — — 38 City of Centerville Project SP-07-03738 November 29,2007 Page 4 Note: Some of the borings encountered what appeared to be a layer of geotextile fabric material below the aggregate base. B.2.b. Existing Fill Below the pavement materials,33 of the borings encountered existing fill to depths ranging from I to 6 feet.The existing fill consisted of silty sand(SM),clayey sand(SC),sandy lean clay(CL),poorly graded sand(SP),poorly graded sand with silt(SP-SM)and organic silt(OL)that was mixed in color mostly ranging from dark brown to gray,and typically contained trace amounts of gravel The clayey fill was generally wet and the granular fill was typically moist. Six borings did not penetrate existing fill- B.2.c. Buried Topsoil Below the pavement or existing fill,Boring ST-3 encountered about feet of'buried topsoil comprised of sandy lean clay that contained roots and fibers. The buried topsoil was dark brown and was moist. B.2.d. Native Soils Below the pavement,buried topsoil and existing fill where penetrated,the borings encountered glacial and alluvial deposits consisting predominately of sandy lean clay,lean clay with sand(CL)and clayey sand and,to a lesser extent, silty sand,sandy silt(ML),silty clayey sand(SC-SM),. These soils were brown to gray and the glacial soils typically contained trace amounts of gravel. The soils were generally wet(CL,SC,ML, SC-SM)and moist(SM). B.3. Penetration Resistance Data Results of the penetration resistance tests performed in the materials encountered by the borings are summarized below in Table 2. Interpretive comments are provided to illustrate the engineering implications of the penetration resistances. Table 2 Penetration Resistance Data Summary Range of Penetration Material Classification Resistances Comments Existing Fill and Buried SM,SC,CL,SP,SP-SM, Variably and mostly Topsoil OL 3 to 13 BPF poorly compacted. Generally very soft to Alluvium and Glacial Soils 2 to 19 BPF,most not rather soft,locally Cohesive CL,SC,SC-SM exceeding 5 BPF medium to stiff. Alluvium and Glacial Soils Non-cohesive ML,SM 3 to 10BPF Very loose to loose. 39 City of Centerville Project SP-07-03738 November 29,2007 Page 5 B.4. Laboratory Test Results Results of our laboratory tests are presented below in Table 3. Table 3. Laboratory Classification Test Results Summary Moisture Percent Organic Boring Sample Depth Content Passing a#200 Content Number (110 Classification (%) Sieve (%) ST-1 5 Sc 16 43 — ST-1 10 SC 14 41 — ST-3 21/2 CL 25 — 9 ST-37 21/2 SC 15 43 — Just below ST-00 aggregate base SP-SM 5 10 — ST46 71/2 SC 14 39 — ST-55 71/2 SC 14 43 — B.S. Groundwater Measurements Groundwater was observed at Borings ST-3,ST-14,ST-44 and ST-53 at depths ranging from 5 to 10 feet below the existing ground surfaces. Given the lack of consistent groundwater information,and the variable and generally fine-grained composition of the site's soils,it is our opinion that perched groundwater conditions exist(and likely develop periodically and/or seasonally)across the site, This, again,is largely due to the texturally layered soil strata ranging from relatively free-draining sand to nearly impermeable clay. C. Evaluation and Analyses C.I. Design Details C.l.a. Proposed Construction Bonestroo,Inc.,provided us with a list of materials and their proportions that are incorporated into the City Standards for street design in the City of Centerville. Those materials,beginning at the ground surface,are: 1 1/2 inches of bituminous wear course. 2 inches of bituminous base course 40 City of Centerville Project SP-07-03738 November 29,2007 Page 6 8 inches of Class 5 aggregate base. 20 inches of granular Subbase of Select Granular Borrow. Gcotextile fabric placed below the granular subbase. 4-inch draintile installed along the edge of the roadways at the granular subbase C.l.b. Pavement Types and Traffic Loads It is our understanding that the roadways included in the proposed reconstruction are residential roads that will experience variable,albeit relatively light,amounts of traffic. Even with the City Standard for street design,specific information regarding traffic loads was not made available to us For the purposes of this report,we have assumed that traffic will consist primarily automobiles,an occasional school bus, waste removal truck and maintenance vehicle(snow removal),and that pavements wil I experience no more than about 70,000 Equivalent Single Axle Loads(ESALs)over a 20-year lifespan. C.l.c. Anticipated Grade Changes It is our understanding that road elevations will not appreciably change from their existing elevations. As such,we assume that less than 1 foot of material with either be added or removed to establish proposed grades. C.l.d. Construction Schedule We assume utility installation and roadway construction will occur during the spring and summer months of 2009. C.l.e. Precautions Regarding Changed Information We have attempted to describe our understanding of the proposed construction to the extent it was reported to us by others. Depending on the extent of available information,assumptions may have been made based on our experience with similar projects. If we have not correctly recorded or interpreted the project details,we should be notified. New or changed information could require additional evaluation, analyses and/or recommendations. C.2. Pavement Support Based on penetration resistance data it is our opinion that the existing fill, alluvial and glacial soils encountered are generally competent and suitable for pavement support including the pavement section described above in Section C.l_ Pavement performance,however,will be affected by their variable competence. It should,therefore,be anticipated that measures be taken to at least scarify,blend and compact the exposed subgrade(material below the granular subbase)to provide more uniform,stable support to pavements. 41 City of Centerville Project SP-07-03738 November 29,2007 Page 7 Organic soils are compressible and may have adverse affects on pavement performance if more than a foot of cutting or filling will occur within the area Should this be the case,provisions should be made to remove topsoil from within 3 feet of pavement subgrade where cuts are made,and remove it altogether where fills are required. Again,the boring logs indicate that the soil stratum across the site consists of layered alluvium and glacial soils ranging from poorly graded sand with silt to sand lean clay. The sandy lean clay and clayey sand portions of the on-site soils are considered to be compressible and will have adverse affects on pavements if present near the surface of pavement subgrade elevations The proposed 20-inch granular subbase layer placed under pavement materials will likely reduce negative affects these soils will have on pavement performance,and will likely improve the lifespan of the pavements and provide strength. Based on the results of the borings,it appears the there may be limited sources of material that could be used for a granular cushion. Given this,it is likely that appreciable amounts of granular material will have to be imported. Granular materials placed over slow-draining clayey sand and sandy lean clay are,however,apt to trap surface runoff,which may contribute to strength loss and/or frost heave of underlying materials. One way to reduce the likelihood of water becoming trapped is to install subdrains at the lower boundary of the granular cushion,and route them to nearby storm sewer utility or surface-drainage outlets. Draintile that will be included as part of the reconstruction of the roadways will be installed near the edge of the roadways situated at the base of the granular cushion. To help water to flow to the draintile,we recommend that the pavement subgrade be graded with a"crown"at the centerline of the roadway and gentle tapering down to the draintile invert. C.3. Utility Support Although plans indicating the extent of the utility construction were not available to us,it is our understanding that utilities will be installed in most of the roadways that were explored for this evaluation near the deeper borings. Excavations at these locations will likely terminate in clayey sand or sandy lean clay. Based on penetration resistances,it is our opinion that these glacial soils are generally competent and suitable for utility support. The Borings Logs,however,indicate that wet soils will likely be encountered during installation;it is also possible that perched groundwater will be encountered. Excavation bottoms where groundwater or wet soils are encountered,or that are allowed to become wet may be difficult to keep stable during utility installation;it may therefore be necessary to remove even some of the otherwise competent soils and replace them with a stabilizing aggregate. 42 City of Centerville Project SP-07-03738 November 29,2007 Page 8 Organic soils may also adversely affect the performance of new utilities if present and left in place near the bottom or surrounding the utilities. For this reason,organic soils are not considered suitable for utility support or use as utility backfill. We recommend subexcavating them from below utilities and replacing it with suitable compacted backfill. CA. Reusing On-Site Materials On-site materials free of organic debris consisting of poorly graded sand,silty sand,clayey sand and sandy lean clay are considered suitable for reuse as structural backfill. As indicated by the results of the moisture content tests,the clay-and silt-rich soils encountered do not appear to be over their optimum moisture content. These soils,however,will become difficult to compact if they become wet. In this case,we recommend that those materials be sufficiently dried prior to reuse as structural backfill. Organic soils,in our opinion,should be placed in landscaped areas,if not hauled from the site to a disposal area. In our opinion,depending on how the bituminous and aggregate base are removed/reclaimed,it is possible that they can be mixed and reused as general subgrade fill below subgrade elevations or to help stabilize unstable subgrade soils CS. Groundwater Considerations During drilling,we observed groundwater in the boreholes of Borings ST-3,ST-9 and ST-12 at depths ranging from 6 to 8 feet. This being the case,it appears that excavations will likely encounter groundwater and wet materials. Provisions should therefore be made to pump water out of excavations and stabilize wet excavation bottoms,if necessary to facilitate construction. C.6. Consideration for Unfavorable Weather In general,the months of June,July and August are most favored for grading operations,particularly if there are silt-or clay-rich soils that require drying. Cooler temperatures and wet weather conditions earlier in the spring,in the fall and through the winter tend to slow or delay grading and construction. Silt-and clay-rich soils that become saturated during cool or wet periods will be difficult to dry and will provide limited support to heavy construction equipment;rubber-tire vehicles and even heavy tracked dozers can disturb otherwise competent soils,increasing the effort required to stabilize or correct and pavement subgrades. 43 City of Centerville Project SP-07-03738 November 29,2007 Page 9 D. Recommendations D.I. Pavement Subgrade Preparation Prior to placing pavement materials(granular subbase),we recommend removing existing pavement materials in their entirety to expose underlying existing fill,alluvial or glacial soils. Given the variable nature of those soils,we recommend—at a minimum—scarifying,blending and surface compacting the upper foot of exposed soils. Depending on construction conditions,excavations may have to be extended locally to remove wet,loose,soft or otherwise unstable soils that become disturbed during the excavation process and lose strength. We recommend removing organic soils from within 3 feet of pavement subgrade where cuts are made, and remove it altogether where fills greater than l foot are required. To provide lateral support to replacement backfill,additional required fill and the structural loads they will support,the excavations should be adequately oversized, We recommend oversizing(widening)the excavations at least 5 feet horizontally beyond the limits of the unstable area. Granular subbase materials placed over slow-draining clayey sand and sandy lean clay are apt to trap surface runoff,which may contribute to strength loss and/or frost heave of underlying materials. As described to us,it is apparent that provisions have been made to install subdrains at the lower boundary of the granular subbase. We recommend routing the subdrains to a storm sewer utility or other suitable disposal site. Preferably the subdrains should consist of perforated pipes embedded in washed gravel, which in turn is wrapped in filter fabric., Perforated pipes encased in a filter"sock"and embedded in washed gravel,however,may also be considered. To help provide for adequate drainage characteristics, we recommend that the pavement subgrade be graded with a"crown"having a local highpoint near the centerline of the roadway and gently sloping down towards the draintile invert. D.2. Selecting Replacement Backfill and Additional Required Fill On-site materials free of organic soil and debris can be considered for reuse as backfill and fill. Note that the sandy lean clay,clayey sand,silt and silty sand portions of these soils,being clay-and silt-rich by nature,may be particularly difficult to compact if wet or allowed to become wet,or if spread and compacted over wet or marginally stable subgrades.. For ease of compaction,imported material(below the granular subbase layer), if needed to replace unsuitable on-site materials or balance cut and fill quantities,may consist of material meeting NUDOT Specification 3149.2B for Granular Borrow.. 44 City of Centerville Project SP-07-03738 November 29,2007 Page 10 We recommend that material selected for granular subbase conform to Mn/DOT Specification 3149.2132 for Select Granular Borrow,sand having no more than 12 percent of the particles by weight passing the ##200 sieve D.3. Placement and Compaction of Backfill and 111 We recommend spreading backfill and fill in 4-to 8-inch lifts,depending on the composition of the material and the type of compactor(s)used. The relative compaction of the backfill and fill should meet or exceed the recommended values presented below in Table 4. The recommended values are percentages of the materials'standard Proctor dry density(ASTM D 698). Table 4. Compaction Recommendations Summary Moisture Content Variance from Optimum, percentage points Relative Compaction, percent Soil containing no Soil containing more (ASTM D 698— more than 12 percent than 12 percent Reference standard Proctor) passing the#200 sieve passing the#200 sieve Below pavements,within 3 feet of subgrade elevations 100 -3 to+3 -1 to+3 Below pavements,more than 3 feet below subgrade elevations 95 -3 to+3 -1 to+3 Below landscaped surfaces 90 NA NA D.4. Pavements DA.a. Subgrade Proofroll After the subgrade has been prepared as previously recommended,we recommend test-rolling it to check for localized sofl areas. Loose,soft or unstable areas observed will require additional stabilization, compaction and/or subexcavation of those materials. We recommend that the test-rolling procedure be observed by a geotechnical engineer to assist in evaluating the suitability of the pavement subgrade. A proofroli should be performed just prior to placement of the geotextile and again just prior to placement of the pavement. DA.b. Geotextile We recommend installing geotextile in accordance with Mn/DOT Specification 3733B Type V. 45 City of Centerville Project SP-07-03738 November 29,2007 Page 11 DA.c. Design Sections--Pavement Lifespan The City Standard for residential roadways within City of Centerville is 3 1/2 inches bituminous 0 1/2 inches wear course over 2 inches of base course)and 8 inches of aggregate base over 20 inches Select Granular Borrow(subbase layer) Assuming that pavement subgrades will ultimately consist of compacted materials exhibiting an R-value of at least 12,and the traffic loads indicated in Section C.1,it is our opinion that the pavement section required by the City of"Centerville will be adequate for a 20-year lifespan. DA.d. Materials and Compaction We recommend specifying crushed aggregate base meeting the requirements of Minnesota Department of Transportation(Mn/DOT)Specification 3138 for Class 5. We recommend that the bituminous wear and base courses meet the requirements of Specifications 2360, Type LV. For areas that will experience traffic loads anticipated to be more then 1,000,000 LSALs over a 20-year life span,we recommend that the wear and base courses meet the requirement for Type MV. We recommend the aggregate gradations for the base course asphalt meet Gradation Number 3.We recommend the aggregate gradations for the wear course asphalt meet Gradation Number 3 or 4, Since Gradation 4 has a smaller maximum particle size than Gradation 3,it is typically preferred for use in wear courses for aesthetic and textural considerations. We recommend using one of the following three Performance Graded Asphalt cements: PG 64-28,PG 58-28 or PG 64-22. PG 64-28 is most commonly recommended for use in the Twin Cities Metro area, and of the three is least susceptible to rutting during warm periods(summer)and shrinkage cracking during cold periods(winter). PG 64-22 is most commonly recommended for use in the southern portion of the state,and PG 58-28 is most commonly recommended for use in the northern portion of the state Although PG 64-22 and PG 58-28 are generally less expensive than the preferred PG 64-28,it should be noted that their use can lead to increased maintenance costs(crack sealing).. We recommend that the aggregate base be compacted to a minimum of 100 percent of the standard Proctor maximum dry density. We recommend that the asphaltic concrete pavement be compacted to an minimum density of 92 percent of the maximum theoretical density. DA.e. Subgrade Drainage The 4-inch perforated PVC pipes should be wrapped with a filter fabric to reduce the potential of the fine-grained soils migrating into the pipe and clogging the holes. The drain tile piping should terminate at the storm sewer catch basins or manholes. Where possible,the pavement subgrade should slope towards the drainage pipe to promote water movement to the drain tile. 46 City of Centerville Project SP-07-03738 November 29,2007 Page 12 D.5. Utilities D.5.9. Excavations Note that soils encountered by the borings are Type C materials under Department of Labor and Occupational Safety and Health Administration(OSHA)guidelines. Excavation sideslopes in these materials should therefore be maintained at gradients equal to or flatter than 1 3/2:1 (horizontal:vertical), or be shored. D.5.b. Subgrade Stabilization Where unstable soils prohibit the excavation backfill from being adequately compacted,we recommend that they be subexcavated and replaced with no less than l foot of clean crushed aggregate having a maximum size of I inch. Subexcavation depths may be greater depending on soil conditions and the magnitude of the structure. D.5.c. Selection,Placement and Compaction of Backfill Backfill for utilities should be selected,placed and compacted according to Section D.1. D.5.d. Dewatering Where excavations encounter groundwater,with the types of soils that exist on this site,it is anticipated that a system consisting of sumps and pumps will be capable of controlling groundwater seepage to keep excavations"dry"and facilitate construction. D.6. Construction Observations and Testing D.6.a. Observations We recommend having a geotechnical engineer observe all excavations related to subgrade preparations and pavement construction. The purpose of the observations is to evaluate the competence of the materials exposed in the excavations,and the adequacy of required excavation oversizing. D.6.b. Materials Testing We recommend density tests be taken in all backfill and fill placed below pavements. We recommend density tests to evaluate compaction. We also recommend slump,air content and strength tests of Portland cement concrete_ D.6.c. Cold Weather Precautions If site grading and construction is anticipated during cold weather,all snow and ice should be removed from cut and fill areas prior to additional grading. No fill should be placed on frozen subgrades. No frozen soils should be used as fill. 47 City of Centerville Project SP-07-03738 November 29,2007 Page 13 Concrete delivered to the site should meet the temperature requirements of ASTM Test Method C 94. Concrete should not be placed on frozen subgrades.. Concrete should be protected from freezing until the necessary strength is attained E. Procedures E.I. Penetration Test Borings The penetration test borings were drilled with a truck-mounted drill rig equipped with hollow-stem auger.. The borings were performed in accordance with ASTM Test Method D 1586. Penetration test samples were taken at 2 1/2-or 5-foot intervals. Actual sample intervals and corresponding depths are shown on the boring logs. E.2. Materials Classification and Testing E.2.a. Visual and Manual Classification Materials encountered in the borings were visually and manually classified in accordance with ASTM Test Method D 2488.. A chart explaining the classification system is attached. Samples were sealed in jars or bags and returned to our facility for review and storage E.2.b. Laboratory Testing Laboratory tests were performed in accordance with ASTM procedures. E.3. Groundwater Measurements The drillers checked for groundwater as the borings were advanced,and again after auger withdrawal. The boreholes were then backfilled.. 48 City of Centerville Project SP-07-03738 November 29,2007 Page 14 F. Qualifications F.I. Variations in Subsurface Conditions FA.a. Material Strata Our evaluation,analyses and recommendations were developed from a limited amount of site and subsurface information. It is not standard engineering practice to retrieve material samples from borings continuously with depth,and therefore strata boundaries and thicknesses must be inferred to some extent. Strata boundaries may also be gradual transitions,and can be expected to vary in depth,elevation and thickness away from the boring locations. Variations in subsurface conditions present among borings may not be revealed until additional exploration work is completed,or construction commences. If any such variations are revealed,our recommendations should be re-evaluated. Such variations could increase construction costs,and a contingency should be provided to accommodate them. F.1.b. Groundwater Levels Groundwater measurements were made under the conditions reported herein and shown on the boring logs,and interpreted in the text of this report. It should be noted that the observation period was relatively short,and groundwater can be expected to fluctuate in response to rainfall,flooding,irrigation, seasonal freezing and thawing,surface drainage modifications and other seasonal and annual factors. F.2. Continuity of Professional Responsibility F.2.a. Plan Review This report is based on a limited amount of information,and a number of assumptions were necessary to help us develop our recommendations. It is recommended that our firm review the geotechnical aspects of the designs and specifications,and evaluate whether the design is as expected,if any design changes sign have affected the validity of our recommendations,and if our recommendations have been correctly interpreted and implemented in the designs and specifications. F.2.b. Construction Observations and Testing It is recommended that we be retained to perform observations and tests during construction. This will allow correlation of the subsurface conditions encountered during construction with those encountered by the borings,and provide continuity of professional responsibility. 49 City of'Centerville Project SP-07-03738 November 29,2007 Page 15 F.3. Use of Report This report is for the exclusive use of the parties to which it has been addressed.. Without written approval,we assume no responsibility to other parties regarding this report. Our evaluation,analyses and recommendations may not be appropriate for other parties or projects. F.4. Standard of Care In performing its services,Braun Intertec used 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 50 Descriptive Terminology Rev 10104 * Standard D 2487-00 Particle Size Iderllffication Classification of Soils for Engineering Purposes Boulders _ over 12' H1 (Unified Soil Classification System) Cobbles-.,_ 3'to t2° Gravel Coarse.. .3/4'to 3' Fine -.No 4 to 3/4' Criteria for Assigning Group Symbols and Sons Classification Sant Group Names Using Laboratory Tests° Group Coarse _ ,. . ....-. No-4 10 No 10 Symbol Group Name° Medium No.10 to No.40 c Gravels° Clean Gravels C.Z 4 and 1: C°< 3 c GW Well-graded gravel° Sill _ No.40 Na. to o.200 or t^on More then 50/°of Less than 5%fines° C°C 4 and/or 1>C>3° GP Poor rased ravels coarse traction Poorly 9 9 below i4'lin► v Al retained on Gravels with Fines Fines classifyas ML or MH GM Silly ravel d'a Clay--•• •• - - - .<No.200,PI Z4 and 110'S m No.4 sieve More Than 12%fines° Fines class as CL or CNGC Cla a suet°1 a on or above"A'One Clean Sands C°.e 6 and t S C. :3 c SW Weil-graded sand n Relative enS$y of oa or more of Less than 5°!°fates' C 6 and/or t>Cc>3 c SP Poorly graded sand° Cohesionlew Soils a Co--- coarse fraction U m passes Sands with Fines Fines classify as ML of MH SM Silty sand's° Veryloose.. ., 0 to 4 BPF No.4 sieve More than 12%' Fines classify as CL or CH SC Clayey sand tab Loose.--, . 5 to 10 BPF t P1>7 and plots on or above lino I CL Lean da "'" Medium dense 11 to 30 BPF a- Silts and Clays Inorganic Dense 31 to 50 BPF S m m Liquid fimil PI<4 or plots below"A"One' ML Sit!"''" Very dense. ry _ _._over 50 BPF CL w less than 50 Organic Liquid limit-oven dried < 075 OL Organic clay m n Liquid limit-not dried OL organic sill"'m° Consistency of Cohesive Soils S N PI plots on or above-A-fine CH s I w q,E d Sifts and clays Inorganic Fal cls Very sell 0 to 1 BPF `o z Liquid limit PI plots below'A*line MH ElaslicsiR"m Soft 2 to 3 BPF i'i c 50 of more Organic Liquid limit-oven dried < 0 75 OH Organic day ""n Rather soli 4 to 5 BPF Liquid limit-not dried Or snit silt`'m q Medium ... 6 to 8 BPF Highly Organic Sofia Primarily organic matter,dark In color and organic odor PT Peat Rather stili 9 to 12 BPF Stilt ... ... . _ . 13 to 16 8PF a Based on the material passing the 3-In(75mm)sieve Very stiff . .. 17 to 30 BPF I It Reid sample contained cobbles or boulders or both odd'with cobbles or boulders or both to group name Hard over 30 BPF C C. = DWI Dr, Cr=(D.? or,x DfA d Itsoil contains 215'1°sand add'mlh send*fo group name o Gravels with 5 to 12;*totes require dual symbols: GW-GM wall-graded gravel wih sill GWGC well-graded grovel with clay Drilling Notes GP-GM poorly graded gravel with sill Standard penetration test borings were advanced by 3U'or 6G-IC Goner poorly graded gravel will day hollow-stern augers unless noted otherwise,,belting water was used IL I Hones sassily otgoni,add'use dual is linsyrntes' to group or namSC-e clean out auger prior to sampling only where inill6aled on logs_Standard g It Rites are ins>-I,add v 1,organic Ines to group name nelration(est borings Ig y p (Split ) h. II sob contains Z75%gravel,add•with gravel'fo group name pe I"19S are designated b the prefix"ST' S d Tube I sands with 5 to 12%ores require dual symbols. AN samples were taken with the standard 2'OD spat-lube sampler.ex- SWSM well-graded sand with sill cept where noted SW SC woa-graded sand will day SP-SIA poorly graded sand with sill Power auger borings were advanced by 4'or 6'diameter continuous- SP-SC poorly graded sand with clay night.solid-stem augers.Soil classifications and strata depths were In- 11 Aaerbarg limbs plot In hatched wren,soil is a CL-ML,silty day tarred from disturbed samples sugared to the surface and are,therefore, k 11 sob contains 15 to 20%plus No.200 add'with sand'or'woh graver whichever is predominant somewhat approximate Power au r I II soil contains 2 30%plus No 200,predominantly sand.add*sandy'to group name ger borings are designated by the M R soli contains 2 30% plus No 200 predominantly gravel add'gravW to group name prefix'S" n Pt 2 4 and plots on or above-A-line o PI<4 or plots below A'one Hand auger borings were advanced manually with a 1"or 30'dtam- p PI plots on or above'A'rrno eter auger and were limited to the depth from which the auger could be C1 PI plots belw"'A'fine manuallywithdrawn Hand auger bmirngsare indicated bythe prefbc'H' 9D BPF:Numbers indicate blows per fool recorded in standard penetration 50 test,also(mown as'N'value The sampler was set Virile,undisturbed soil below the hollow-slem auger.Driving resistances ware then counted �p for second and third 6'increments and added to get BPF Where they ^ 40 •� differed significantly,/hey are reported in the following form 2/12 for the 0L d second and third 6"increments.respectively. m 3D WH:WH Indicates the sampler penetrated soil underweight of hammer C and rods alone;driving not required. i y+. WR: WR indicates the sampler penetrated son under weight of rods 20 alone;hammer weight and driving not required �' G�'0 MH r OH TW indicates thin-waned(undisturbed)tube sample I- 10 - Z_ 7MH Or OH Node: All tests were run in general accordance with applicable ASTM 4 " standards 0 0 10 16 20 30 40 50 60 70 00 90 100 110 Liquid Limit(LL) Laboratory Tests iDD Dry density,pcf OC Organic conlent.% WD Wet density.pd S Percent of saturation.% MC Natural moisture content. % SG Speciflcgravlly LL Ligtuid Omit% C Cohesion,psi PLPlastic limit.% 0 Angle of internal friction B R A V N Pi Plasticity index.% qu Unconfined compressive strength,psi P200o %passing 200 sieve qp Pocket penetrometer strength,tsf I N TE RT EC 52 .,�,� - _ as ■.� ■■ ��►� ��� Owl I monsoon IN NOM IN � Wil �� ■� r■� ��cid' FIE EDIVE I�!,■E�91i�. ..� ��iii '�� �'i ■■fil'�� � : ��� .: .���,��. ....■N�� iia- .. _ � /I. B R AU N m LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-1 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 3 Chermak METHOD: 3 l/4"HSA,AU10hmr DATE: 10/30/07 SCALE: 1-1-41 Depth feet ASTM Description of Materials BPr WL MC P20 Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) % PAV 5"Bituminous over 9"Aggregate Base 1.2 FILL FILL.: Silty Sand,fine-to medium-grained,trace of Gravel,brown, moist 3.0 12 FILL. FIL.L.: Clayey Sand,trace of Gravel,gray,wet N 6.0 3 16 43 o SC CLAYEY SAND,trace of Gravel,light brown to brown,wet,rathe b soft to rather stiff (Glacial Till) a 0 C O 8 14 41 x w 12 13.5 c END OF BORING. 0 Water not observed with 12 feet of hollow-stem auger in the H ground. Water not observed to cave-in depth of 9 feet immediately after withdrawal of auger. Boring then backfilled rn r n e c g G Fo eh y 0 a1 m SP-07-0373B Braun intenec Corporation ST-1 page 1 of 1 54 I I BRAUN'" LOG OF BORING 1NTERTEC Braun Project SP-07-03738 BORING: ST-2 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermak MET11OD: 3 114"HSA,Autohmr DATE: 10/25/07 SCALE: V=4- Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) AAV 4"Bituminous over 12"Aggregate Base over Fabric. 1.3. FILL FILL: Clayey Sand,trace of Gravel,reddish-brown and brown, moist to wet 9 3 v, 6.0 `o END OF BORING. S e Water not observed with 4 1/2 feet of hollow-stern auger in the .0 ground. ° Water not observed to cave-in depth of 4 feet immediately after ° withdrawal of auger. XBoring then backfilled. u W u N F I-' V Q u CIJ M t- V 4� v m r no y O a v_ m m SP-07-03736 Braun Inte"ec Corporation ST-2 page I of I 55 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-3 Geoteclrnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville,Minnesota DRI1.1•ER: 7 Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL MC Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 5"Bituminous over 9"Aggregate Base 2.0 CL SANDY LEAN CLAY,Organic,trace of Roots,dark gray,wet. (Buried Topsoil) 12 25 OC=9% 4.0 CL. SANDY LEAN CLAY,trace of Gravel,light brown to gray,wet, soft to rather stiff N (Glacial Till) 2 0 -o -0- 4 0 An open triangle in the water level 4 indicates the depth at which groundwater was ° observed while drilling u s > 13.5 9 END OF BORING °c Water down 10 feet with 12 feet of hollow-stem auger in the w ground Water not observed to cave-in depth of 9 feet immediately alter ywithdrawal of auger. v 8 Boring then backfilled. w1 r Q C A Z� d7 m 6 t] oO S N m '0 V a m m 5P-07.034 Braun latenoc Corporation ST-3 page 1 of 1 56 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-4 Geolechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville, Minnesota DRILLER: 3 Chcrmak METHOD: 3 1/4"HSA,Autohrna DATE: 10/25/07 SCALE: V=4' Depth feet ASTM Description of Materials BPP W1. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 4 I/2"Aggregate Base over 18"Sand. 2.3 C'1. SANDY LEAN CLAY,trace of Gravel,brown,gray,wet,rather soft to medium (Glacial Till) .a 6.0 4 a END OF BORING n Water not observed with 4 1/2 feet of hollow-stem auger in the ground cWater not observed to cave-in depth of 4 feet immediately after withdrawal of auger m Boring then backfilled .20- M °1 E C s m 0. V F o a ZqN K m 0 u m m SP 0�-D3738 Braun Intertee corporation STA page i of t 57 BRAUN"' LOG OF BORING I NTERTEC Braun Project SP-07-03738 BORING: ST-5 Geotechnical);valuation LOCATION: See attach sketch 2004 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 114"11SA,Autuhmr DATE: 10/22/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"of Bituminous over 10"Aggregate Base over Fabric i3 1.3 FILL FILL.: Silty Sand:dark brown to gray,moist. 3.5 _ CL SANDY LEAN CLAY,trace of Gravel,gray,wet,rather soft (Glacial Till) S 6.0 o END OF BORING Water not observed with 4 1/2 feet of hollow-stem auger in the ground eWater not observed to cave-in depth of 4 feet immediately after .e withdrawal of auger Boring then backfilled ru' d N O O FGF .0 t� U 0 u 0 C F °u 6 00 r zGN RO m Q K SP-07-03738 Braun Intertec Corporation ST-5 page t off 58 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-6 Geotechnical Evaluation 2009 Street &Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville, Minnesota DRILL-ER: 3 Chennak METHOD: 31/4"HSA,Au1Dhmr DATE: 10/30/07 SCALE: I'1 4' Depth feet ASTM Description of Materials BNF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 1.2 PAV 5"Bituminous over 9"Aggregate Base. CL. SANDY LEAN CLAY,trace of Gravel,dark gray,moist to wet, rather stiff (Glacial Till) 9 4.0 CL. SANDY LEAN CLAY,trace of Gravel,gray,wet:soft to medium. (Glacial Till) w 4 O is ,a W 3 O 73 C- O i� V 40- 3 0 'o c u 5 a y Q 8 5 N n r 21.0 7 END OF BORING. Water not observed with 19 1/2 feet of hollow-stem auger in the ground m Water not observed to cave-in depth of 16 feet immediately after withdrawal of auger Boring then backfilled. 8 m 0 u m m SP-07-03738 Braun Intertec Corporation ST-6 page 1 of 1 59 BRAUN"" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-7 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 3 Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/27/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4"Bituminous over 10"Aggregate Base. 1.2 FILL FILL: Silty Sand,with Clayey Sand mix,trace of Gravel,dark gray,moist. 12 y 6.0 10 o END OF BORING. d Water not observed with 4 1/2 feet of hollow-stem auger in the ground. r_ Water not observed to cave-in depth of 4 feet immediately after 2 withdrawal of auger. a Boring then backfilled. v as N O O C H 'C A 8 e 0 r v m d v b r; m 0 u 9 In In SP-07-03738 Braun lntertec Corporation ST-7 page 1 of 1 60 BRAUN"" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-8 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 1 Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: 1'1=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 12"Aggregate Base. 1.3 FILL. FILL: Poorly Graded Sand,tine-to medium-grained,trace of Gravel,brown,moist. 3.0 15 CL SANDY LEAN CLAY,trace of Gravel,light brown to gray,wet, rather soft to rather stiff (Glacial Till) 5 c c .p a 8 C2 0 c a h C a G u w u 13.5 9 END OF BORING € Water not observed with 12 feet of hollow-stem auger in the ground Water not observed to cave-in depth of 9 feet immediately after F withdrawal of auger Boring then backfilled ti l; u �S d 0 yGN G O m O U m tJ C SP-07-03738 Braun Intcrtec Corporation ST-8 page 1 or i 61 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-9 Geotechnical Evaluation LOCATION: Sec attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Cherrnak METHOD: 3 1/4"HSA,Autohmr DATE: 10/27/Q7 SCALE: l"=4' Depth feet ASTM Description of Materials BAF IWL Tests or Notes 0.0 Symbol I (ASTM D2488 or D2487) 0.7 PAV 4 1/2"Bituminous over 4"Aggregate Base. FILL, FILL: Organic Silt,gray and dark gray,wet. 3.0 S CL SANDY LEAN CLAY,trace of Gravel,gray and brown,wet, rather soft. (Glacial Till) 4 6.0 END OF BORING. e 'g Dater not observcd with a 1/2 feet of hollow-stem auger in the a ground Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled_ u w V N 0 0 C: Q V N M h FE O r V �S m w v a N 0 m V at K ,a SP-07-03738 Braun Intertec Corporation ST-9 page 1 of 1 62 BRAUN"' LOG OF BORING I NTERTEC Braun Project SP-07-03738 BORING: ST-10 Geotechnical Evaluation 2009 Street & Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville, Minnesota DRILLER: J Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5 1/2"Bituminous over 10"Aggregate Base 1.4 FILL FJLL. Silty Sand,tine-to medium-grained,trace of Gravel,brown moist 3.0 l l CL SANDY LEAN CLAY,trace of Gravel,light brown to gray,wet, rather soft to stiff (Glacial rill) 4 C- O .fl 5 a a 0 c 0 R b 7 u u r w 13.5 10 o END OF BORING C Water not observed with 12 feet of hollow-stem auger in the t- ground. Water not observed to cave-in depth of 10 feet immediately aficr withdrawal of auger. O 8 Boring then backfilled.. V h r C s u m m F s N .2 m Ory O U m C m SP-07-03738 Braun lntenec Corporation ST-10 page 1 of i 63 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-11 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 3 Chennak METHOD: 3 1/4"HSA,Autohmr DATE: 10/27/07 SCALE: I"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 1.0 PAV 5"Bituminous over 7"Aggregate Base, FILL FILL.: Sitly Sand,fine-grained,with Poorly Graded Sand with Silt, light brown and yellowish-brown,moist,medium. (Alluvium) _ ll 3.5 ML SANDY SILT,with seams of Poorly Graded Sand with Silt,brow to gray,wet,very loose. (Alluvium) 4 y 6.0 o CND OF BORING _ Water not observed with 4 1/2 feet of 110ilOW-stem auger in the ground cWater not observed to cave-in depth of 4 feet immediately after A withdrawal of auger. Boring then backlilled_ u w w L h O O LC L H t> N Q u h h r N a v fi ii N 0 r t m rO SP-07-03738 Braun tntenec Corporation ST-11 page 1 of I 64 BRAUN' LOG OF BORING i NTE BTEC Braun Project SP-07-03738 BORING: ST-12 Geotechnical Evaluation 1009 Street & Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 orD2487) PAV 5 1/2"Bituminous over 9 1/2"Aggregate Base 1.4 F111 FILL: Poorly Graded Sand,fine-to medium-grained,trace of Gravel,dark brown,moist 9 6.0 3 o SC- SILTY CLAYEY SAND,gray,wet,rather soft to medium. SM (Glacial Till) g 3 0 e 0 w x )JA 6 CL SANDY LEAN CLAY,trace of Gravel,gray,wet,rather soft. (Glacial Tilt) y 13.5 9 c END OF BORING. c Water not observed with l2 feet of hollow-stem auger in the to ground. Water not observed to cave-in depth of 9 feet immediately after x withdrawal of auger. 0 8 Boring then backfilled. F a O M 0 u W pO m a m SP-ff/-03738 Braun Intcrtec Corporation ST.12 page 1 of 1 65 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-13 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street &Utility Improvement Project City of Centerville Centerville, Minnesota DRILLER: 7 Cbcmwk METHOD: 31/4"HSA,Autohmr DATE: 10/27/07 SCALE: t"=41 Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV S 1/2"Bituminous over 12 1/2"Aggregate Base 1.6 CL SANDY LEAN CLAY,trace of Gravel,gray,dark brown and light- brown,wet,rather soft. S (Glacial Till) 5 6.0 o END OF BORING m 2 Water not observed with 4 1/2 feet of bollow-stem auger in the m ground. Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger xBoring then backfilled u w° x h O p�p .0 W awl 0 u v7 M h b r n 0. H L� 0 U t �Z ?i C m SP-07-03736 Braun Interim Corporation ST-13 page I of 1 66 BRAUN" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-14 Geolechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville,Minnesota DRILLER: J ChennakMETHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: Depth feet ASTM Description of Materials BPF WL• Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over 10"Aggregate Base. 1.4 2.0 FILL FILL: Poorly Graded Sand with Silt, fine-to medium-grained, FILL.. trace of Gravel,brown,moist. FILL.: Sandy Lean Clay,trace of Gravel,dark brown,wet_ 3 6.0 4 CL. SANDY LEAN CLAY,trace of Gravel,light brown to brown,wet, medium to stiff. A (Glacial Till) 7 Q v., 0 C: 0 m 7 u 13.5 15 ° END OF BORING 0 C Water down 8 feet with 11 1/2 feet of hollow-stem auger in the t= ground. is a Water observed at 8-foot depth immediately after withdrawal of C auger. Boring then backfilled S t' v 0 m SP-07-03736Srann inlericc Corporation ST-14 page I of t 67 BRAUN'" LOG OF BORING 1NTERTEC Braun Project SP-07-03738 BORING: ST-15 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 114"HSA,Autohmr DATE: l0/27/07 J SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5 1/2"Bituminous over I I"Aggregate Base over 12"Poorly Graded Sand. 2.3 CL SANDY LEAN CLAY,trace of Gravel,gray,light brown,wet, 4 rather sofa. (Glacial Till) 5 6.0 `o END OF BORING Water not observed with 4 1/2 feet of hollow-stem auger in the ground co Water not observed to cave-in depth of 4 feet immediately after ib withdrawal of auger Boring then backfilled w 0 0 c_ H ti u rn n F- W t= aZ �z H O V C 51'-07-03738 Braun intertea Corporation ST-15 page t of t 68 BRAUN" LOG OF BORING iNTERTEC Braun Project SP-07-03738 BORING: ST-16 Geotechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"IISA,Autohmr DATE: 10/27/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL• Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PA 5 1/2"Bituminous over 8"Aggregate Base over 12"Poorly Graded Sand. 2.2 FILL. F111: Clayey Sand,with seams Silty Sand,trace of Gravel,dark brown and gray,moist to wet,medium. 7 4.0 CL. SANDY LEAN CLAY,trace of Gravel,brown to gray,wet,soft (Glacial Till) 6.0 2 o END OF BORING. Water not observed with 4 1/2 feet of hollow-stem auger in the ground. oWater not observed to cave-in depth of 4 feet immediately after withdrawal of auger. W x Boring then backfilled. u v 0 0 g C N R rig M h r H zU 7 0. ,rq pM 6 H m 0 8 u m o� m SP-07-03738 Braun Intertm Corporation ST-16 page 1 e 1 69 BRAUN" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-17 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville, Minnesota DRILLER: J.Chermak METHOD: 3 1/4"JISA,Auiobmr DATE: 10/27/07 SCALE: 111=41 Depth feet ASTM Description of Materials BAF WL. Tests or Notes 0.0 Symbol. (ASTM D2488 or D2487) PAV 5"Bituminous over 7"Aggregate Base over 5"Sand over Fabric 2.3 CL. SANDY LEAN CLAY,trace of Gravel,gray and dark brown,wet, soft to medium. (Glacial Till) 2 h 6.0 o END OF BORING. iso Water not observed with 4 112 feet of hollow-stem auger in the ground cc Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled u o? taH e1 O G .G E-' v u C F v d 0 P 0 8 N 0 U la W 9P-07-03738 Braun lntertee Corporation Sf-17 page 1 or 1 70 B RAU Nw LOG OF BORING INTERTR Braun Project SP-07-03738 BORING: ST-18 Geotechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville,Minnesota DRIL-LER: 1 Chermak METHOD: 3 1/4"HSA,Aulolhmr DATE: 1027/07 SCALE: l"=4' Depth feet ASTM Description of Materials BPF WL- Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over 12"Aggregate Bpse over 7"Sand. 2.0 CL. SANDY LEAN CLAY,trace of Gravel,gray and dark brown,wet, soft to rather soft_ 4 (Glacial Till) 6.0 2 END OF BORING. n Water not observed with 4 1/2 feet of hollow-stem auger in the ground. c2 Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger Boring then backfilled. u W �i h O O p_Gp .0 tr Q O y R h n O f' V t� am V A 6 N 0 O V u m S m SP-07-03738 Braun Intense CoMomlion ST-18 page 1 of 1 71 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-19 Geotechnical Evaluation LOCATION: See attach sketch_ 2009 Street & Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak �EIHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5 1/2"Bituminous over 12"Aggregate Base 1.6 FILL FILL.: Sandy Lean Clay,trace of Gravel,gray,moist to wet, medium. 3.5 7 SC CLAYEY SAND,light brown,wet,soft. (Glacial Till) h 6.0 2 c END OF BORING. 't+ Water not observed with 4 1/2 feet of hollow-stem auger in the ground. oWater not observed to cave-in depth of 4 feet immediately after a withdrawal of auger. x Boring then backfilled u v s 0 c_ C O u to gam C H a v 6 o� i N m 0 J V m SP-07-03738 HraunlntertecCorporation ST-19 page)orl 72 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-20 Geotechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville, Minnesota DRILLER: ).Chermak METHOD: 3 t/4"HSA,Autohmr DATE: 10/29/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5 1/2"Bituminous over 10"Aggregate Base 1.3 CL. SANDY LEAN CLAY,trace of Gravel,light brown,wet,rather soft. (Glacial Till) 5 h 6.0 5 s END OF BORING b Water not observed with 4 112 feet of hollow-stem auger in the nground 0 c Water not observed to cave-in depth of 4 feet immediately after M withdrawal of auger b % Boring then backfilled u .3 u td r N O O URG i... Q n N t� m 0 d h 0 m m SP-07-03739 Braun Intenec Corporation— ST-20 page i of i 73 BRAUN SM LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-21 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 1.Chermak METHOD: 3 eld"HSA,Autohmr DATE: 10/29/07 SCALE: V s 4' Depth feet ASTM Description of Materials BPF W1. rests or Notes 0.0 Symbol (ASTM D2488 or D2487) AAV 5"Bituminous over 10"Aggregate Base. 1.3 CL SANDY LEAN CLAY,trace of Gravel,dark brown to gray,moist to wet. (Glacial Till) 6 3.5 SC CLAYEY SAND,trace of Gravel,light brown,wet,rather soft (Glacial Till) 5 6.0 o END OF BORING io Water not observed with 4 1/2 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 4 feet immediately after 9 withdrawal of auger. n CL b x Boring then backfilled w v a F w N rl h C t- V �d m d u h fi F N 0 {A 6 SP-07-03738 Braun loterta Corporation 57-21 page 1 of 1 74 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-22 Geotechnical Evaluation 2009 Street&Utility Improvement Project LOCATION. See attach sketch. City of Centerville Centerville, Minnesota DRILLER: ) Chennak METHOD: 3 l/4"HSA,AutohmrDATL lOR9/07 SCALE ]"=4' Depth feetJAS Description of Materials BPF WL Tests or Notes 0.0 Symbol. (ASTM D2488 or D2487) 5"Bituminous over 10"Aggregate Base. l.3 FILL: Silty Sand,dark brown,moist. G 4.0 CLAYEY SAND,trace of Gravel,light brown,wet,rather soft (Glacial Till) K 6.0 4 o END OF BORING h Water not observed with 4 1/2 feet of hollow-stem auger in the ground. 0 Water not observed to cave-in depth of 4 feet immediately after a withdrawal of auger Boring then backfilled. u N G L� Q d M N f t•J Q. W h m 0 s SN 7-03738 Braun Intettec corporation ST-22 page 1 of 1 75 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-23 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermak METHOD: 3 1/4"HSA,Aulohmr DATE: 10/27/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL- Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 0,7 PAV 5"Bituminous over 1/2"Aggregate Base. CL SANDY LEAN CLAY,trace of Gravel,dark brown,moist to wet, medium (Glacial Till) 7 3.5 SC CLAYEY SAND,trace of Gravel,light brown and gray,wet,rathel soft (Glacial Till) 5 6.0 C END OF BORING a Water not observed with 4 112 feet of hollow-stem auger in the 4. ground 4. Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger, XBoring then backfilled. u ad 0 5 t� A v y n N_ n O H Q v m 6 „W F oma. N 0 fl .d is SP-07-03736 Bmun Intertec Corporation ST-23 page 1 of 1 76 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: Geotechnical Evaluation ST-24 2009 Street& Utility Improvement Project LOCATION: See attach sketch City of Centerville Centerville,Minnesota DRILLER: ) Chermak METHOD: 3 1/4"1•ISA,Autohmr DATE: 1029/07 SCALE: 111=4- Depth feet ASTM Description of Materials BPP JW1 Tests or Notes 0.0 Symbol. (ASTM D2498 or D2487) PAV S"Bituminous over 10,,Aggregate Base. l3 CL SANDY LEAN CLAY,trace of Gravel,gray and brown,wet,soft to medium (Glacial Till) G y 6.0 2 END OF BORING L Water not observed with 4 1/2 feet of hollow-stem auger in the ground 0 Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger % Boring then backfilled u L02 u r N O g H 'C N Q 8 M n n H u 6 v A n�p O zrn a W O u S V K m W-07-03738 Blum Inlenec Co rporation 5T-24 page 10711 I 77 BRAUN"' LOG OF BORING l ITE BTEC Braun Project SP-07-03738 BORING: ST-25 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autohmr DATE-: 10/29/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV S"Bituminous over 9"Aggregate Base. 1.2 FILL FILL.: Clayey Sand,trace of Gravel,dark gray and brown,moist. 3.0 6 CL. LEAN CLAY with SAND,trace of Gravel,gray and dark brown, wet,soft. (Glacial Till) 3 y 6.0 C END OF BORING. Water not observed with 4112 feet of hollow-stem auger in the a_ ground Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled u {r u t N 0 rr C w u u m N F �S m 6 V n n 0 �p m O O a m m SP-07-03738 Braun Intenec Corponuion ST-25 page I oft 78 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-26 Geotechnical Evaluation LOCA71ON: See attach sketch. 2009 Street& Utility improvement Project City of Centerville Centerville,Minnesota DRILLER: 1 Chcrmak METHOD: 31/4"11SA,Autohmr DATE: 10/29/07 SCALL: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 9"Aggregate Base. 1.1 FILL FILL: Clayey Sand,with Silty Sand mix,trace of Gravel,dark gray,moist 8 6.0 G o END OF BORING ' Water not observed with 4 1/2 feet of hollow-stem auger in the ground ca o` Water not observed to cave-in depth of 4 feet immediately after 0 withdrawal of auger. g % Boring then backfilled. u W tiU N O O CF_ C F C� u n gn FC D u m R. V 0 Q� b h 0 O m O l7 O u_ aL SP-07-03738 BraunIntertec Corporation ST-26 page 1 oft 79 BRAUN 314 LOG OF BORING i NTERTEC Braun Project SP-07-03738 BORING: ST-27 Geotechnical Evaluation 2009 Street& Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville,Minnesota DR]LLER: ].Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/27/07 SCALE: ]"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PA V 6"Bituminous over 7"Aggregate Base I.I CL SANDY LEAN CLAY,with lenses of Clayey Sand,gray and dark- brown,moist to wet. 3.0 (Glacial Till) 7 Sc CLAYEY SAND,trace of Gravel,light brown,wet,soft. (Glacial Till) 6.0 2 c END OF BORING R e Water not observed with 4 1/2 feet of hollow-stem auger in the ground cWater not observed to cave-in depth of 4 feet immediately after withdrawal of auger x Boring then backfilled.. 10 h Ir Q u y n r C a t7 m 6 m ^aO y a S o� m SP-07-03736 Braun Intertec Corporation ST-27 page I of 1 80 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-28 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: V=4' Depth feet ASTM Description of Materials BPFWL Tests or Notes 0.0 Symbol (ASTM D2488 or D24M II PAV 6"Bituminous over 10"Aggregate Base, 1.3 FILL FILL: Sandy Lean Clay,trace of Gravel,gray,moist to wet 3.5 11 SC CLAYEY SAND,trace of Gravel,brown;wet,rather soft (Glacial Till) 6.0 5 o END OF BORING Water not observed with 4 1/2 feet of hollow-stem auger in the 4 ground ° Water not observed to cave-in depth of 4 feet immediately after ° withdrawal of auger. Boring then backfilled if u s N ° EE 1. rr N �u U — v Y Bti e N al (Q0 ..J eV.. m m SR07-03738 Braun Intertec corporaBon ST-28 page I of 1 81 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-29 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Auiohtnr DATE: 10/29/07 SCAL E: I"=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 0 6 Symbol (ASTM D2488 or D2487) PAV 3"Bituminous over 4"Aggregate Base. FIL-1• FIL•L•: Poorly Graded Sand,fine-to medium-grained,trace of Gravel,brown,wel. 3.0 6 CL SANDY LEAN CLAY,trace of Gravel,dark brown,wet,soft (Glacial Till) 3 6.0 o END OF BORING 4 Water not observed with 4 1/2 feet of hollow-stem auger in the ground Water not observed to cave-in depth of 4 feet immediately after ca withdrawal of auger x Boring then backfilled. W w s N O G_ I-' Q d rn n F O 0 V [R 0. u to er F u °m 0 UP w m SP-07-037311 Braun Intenec Corporation ST-29 page t of I 82 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-30 Geotechnical Evaluation 2009 Street & Utility Improvement Project LOCATION: See attach sketch. City of Centerville Centerville,Minnesota DRILLER: 1.Cirermak MEIHOD: 3 114"HSA,Autohmr DATE: 10/30/07 SCALE: 1 Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 0.9 PAV 5"Bituminous over 6"Aggregate Base. SC- SILTY CLAYEY SAND,trace of Gravel,dark brown and gray, SM moist,medium. (Glacial Till) 7 6.0 5 `o_ END OF BORING Water not observed with 4 1/2 feet of'hollow-stem auger in the ground cWater not observed to cave-in depth of 4 feet immediately after withdrawal of auger R N k Boring then backfilled v v N O O G F N A y h 8 C 0. q o� h H OS 0 S m SP-07-037311 Braun Intertec Corporation ST-30 page t of 1 83 B RAU N' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-31 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project Cita of Centerville Centerville, Minnesota DRILLER: ) Chermak METHOD: 3 114"IMSA,Autohmr DATE: 1089/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 0.9Bituminous over 6"Aggregate Base. SC CLAYEY SAND,trace of Gravel,gray,moist to wet,rather soft. (Glacial Till) II 4.0 CL. SANDY LEAN CLAY,trace of Gravel,brown,wet,rather soft. (Glacial Till) 4 y 6.0 C: END OF BORING r Water not observed with 4 1/2 feet of hollow-stem auger in the ground Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled. 0' u N O v 1?7 0 N to n r r fi u o� am 0 u m SP-07-03738 Braun latertee Corporation ST-31 page 1 of 1 84 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-32 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 3 Chermak METHOD: 3 1/4"HSA,Au1ohmr DATE: 10/29/07 SCALE: l"a 4' Depth feet ASTM Description of Materials BPF WL• Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 32"Aggregate Base over Fabric 3.0 S CL SANDY LEAN CLAY,trace of Gravel,dark brown and gray, rather soft (Glacial Till) 4 H 6.0 END OF BORING Water not observed with 4 1/2 feet of hollow-stem auger in the ground oWater not observed to cave-in depth of 4 feet immediately after i~o withdrawal of auger_ Boring then backfilled. r V! C: a V u O iu N N _N H u �a t= s 0 u m SI'-07 03738 Braun Intertee Corporation ST-32 page 1 of) 85 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-33 Geoteelinieal Evaluation LOCATION: See attach sketch 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 1 Symbol (ASTM D2488 or D2487) 0,7 PAV 5"Bituminous over 3"Aggregate Base. TILL FILL.: Poorly Graded Sand,fine-to medium-grained,with Clayey Sand mix,trace of Gravel,brown,wet,medium dense. I1 4.0 Cl F SANDY LEAN CLAY,trace of Gravel,brown,moist,rather sofi. (Glacial Till) 4 6.0 o END OF BORING m Water not observed with 4 1/2 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 4 feet immediately after b withdrawal of auger. Boring then backfilled. V W U A N 0 rC0 L F 7 M G 0 C h tz7 D m i l7 p F d N 0 1G Q V m SP-07-03738 Braun Intenec Corporation ST-33 page 1 of) 86 BRAUN'" LOG OF BORING iNTERTEC Braun Project SP-07-03738 BORING: ST-34 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: ) Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 6"Bituminous over 9"Aggregate Base. ].3 FILL FILL: Poorly Graded Sand with Silt,fine-to medium-grained with Clayey Sand,mix,trace of Gravel,brown,wet 6 4.0 CL SANDY LEAN CLAY,with fine-to medium Poorly Graded Sand seams,gray,wet,rather soft. 6.0 (Glacial Till) 5 END OF BORING. Water not observed with 4 1/2 feet of hollow-stem auger in the ground. cWater not observed to cave-in depth of 4 feet immediately after 'm withdrawal of auger C x Boring then backfilled. v d r N .2- C U G7 n N_ T g S 6 0 10 O O y 0 V S� K OL 131hun tntenec Corporalion ST-34 page 1 of I 87 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-35 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street & Utility Improvement Project Cite of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autolunr DATE: 30/29/07 SCALE: 111=4- Depth "=4- Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 1.0 PAV 5"Bituminous over 7"Aggregate Base. SC CLAYEY SAND,trace of Gravel,light brown and gray,wet,soft to medium. (Glacial Till) 7 3 y 60 o END OF BORING id Water not observed with 4 1/2 feet of hollow-stem auger in the A ground Water not observed to cave-in depth of 4 feet immediately after $ withdrawal of auger Boring then backfilled. u 4° u a 0 e F� v u h wf C A V n n m O m C m SP-07-03738 Braun Intertce Corporation S?-35 page 1 of] 88 BRAUN'" LOG OF BORING iNTERTEC Braun Project SP-07-03738 BORING: ST-36 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: 1"-4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 1.0 PAV 4"Bituminous over 8"Aggregate Base, SM SILTY SAND,line-grained,with lenses of Sandy Lean Clay, brown,wet,very loose to medium dense. (Alluvium) 10 N 6.0 3 c END OF BORING Water not observed with 41/2 feet of'hollow-stem auger in the ground. Q`o Water not observed to cave-in depth of 4 feet immediately after 9 withdrawal of auger x Boring then backfilled. u r N d 0 Ems_ L t.r d d y C Z� a` m eV e g N m Q r W SP-07.03738 Braun]ntenec Corporation ST-36 page Mr, 89 BRAUN' LOG OF BORING I NTE BTEC Braun Project SP-07-03738 BORNG: ST-37 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermak METHOD: 3 1/4"HSA,Autolnnr DATE: 10/30/07 SCALL: I'-=41 Depth feet ASTM Description of Materials BPF WL MC P200 Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) % 0/0 PAV 4 1/2"Bituminous over 10"Aggregate Base. 1.2 FILL FILL: Clayey Sand,dark gray,moist. 7 15 43 4.0 CL SANDY LEAN CLAY,trace of Gravel,light brown,wet,rather 6.0 soft. (Glacial Till) 5 y o END OF BORING.. e Water not observed with 4 1/2 feet of hollow-stem auger in the .0 ground. c Water not observed to cave-in depth of 4 feet immediately after s withdrawal of auger- Boring then backfilled u u z N 0 K D V N e M1 Q F m d u s yN�y P4 O O U �z 7t K SP-07.03738 Braun Intertec Corporotion 5T-37 page]of 90 BRAUN'" LOG OF BORING iNTERTEC Braun Project SP-07-03738 BORING: ST-38 Geotechnical Evaluation L-OCATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: I Cbermak METHOD: 3 1/4"1�SA,Autohmr DATE: 10/30/07 SCALE: I"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 5d.0 Symbol (ASTM D2488 or D2487) 0.9 PAV 4"Bituminous over 7"Aggregate Base. CL. SANDY LEAN CLAY,trace of Gravel,gray,soft to rather soft (Glacial Till) 5 3 y 6.0 END OF BORING. A Water not observed with 4 1/2 feet of hollow-stem auger in the p ground. oWater not observed to cave-in depth of 4 feet immediately after A withdrawal of auger. Boring then backfilled, u w d r y oO C_c C 1= u u u a u M h n v 0. u s= 0 8 H ^S W J V PD 7 LA SP-07-03736 Braun tntenec Corporation ST-3a page i or i 91 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-39 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: I Chcrmak METHOD: 3 1/4"LISA,Autohmr DATE: 10/30/07 SCALE: I"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 8"Aggregate Base. 1.1 FILL FILL: Sandy Lean Clay,brown and gray,wet. 7 3 y 6.0 `o END OF BORING. Water not observed with 4 1/2 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled u w u N O G F Z M hu% M A h 4h r h V m P UK O O N 90H 6 Z� 7 SP-07-03738 Braun Intenec Corporation ST-39 page 1 of 1 92 BRAUN"' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-40 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermok METHOD: 3 1/4"NSA,Autohmr DATE: 10/30/07 SCALL-: V=4' Depth feet ASTM Description of Materials BPF WL MC P20 rests or Notes 0.0 Symbol (ASTM D2488 or D2487) % aha 0.9 PAV 4"Bituminous over 7"Aggregate Base. FILL FILL: Poorly Graded Sand with Silt,fine-to medium-grained, 2.0 brown,moist. 5 10 FILL FILL: Sandy Lean Clay,trace of Gravel,brown and gray,wet. 8 6.0 3 o END OF BORING. b Water not observed with 4 1/2 feet of hollow-stem auger in the ground. cWater not observed to cave-in depth of 4 feet immediately after io withdrawal of auger. Boring then backfilled w N 4cGrc .v Q4Y V/ w e r 6 u R 0 m 0 �a m SP-07-03738 Braun Intenec Corporation ST4t) page 1 of 1 93 BRAUN' LOG OF BORING 1NTERTEC Braun Project SP-07-03738 BORING: ST-41 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility improvement Project City of Centerville Centerville,Minnesota DRILLER: ) Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: Y'=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5 1/2"Bituminous over 10"Aggregate Base. 1.3 CL. SANDY LEAN CLAY,trace of Gravel,light brown,wet,rather soft. (Glacial Till) 5 5 6.0 o END OF BORING. V Water not observed with 4 1/2 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 4 feet immediately after .a withdrawal of auger. XBoring then backfilled d w d r h 0 C_ F- to n 8 F- °u 6 M n n N 0 r m d 9P-07-03738 Braun Intertee Corporation ST41 page I of 1 94 BRAUN"' LOG OF BORING !NTERTEC Braun Project SP-07-03738 BORING: ST-4.2 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 1 Chermak METHOD: 3 1/4"HSA,AutohmrDATE: 10/29/07 SCALE: 1"=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over I 1"Aggregate Base. 1.3 FILL FILL: Poorly Graded Sand,line-to medium-grained,gray and brown,moist 10 4.0 Sc CLAYEY SAND,trace of Gravel,light brown and gray,wet,soft. (Glacial Till) 3 „ 6.0 o END OF BORING d Water not observed with 4 1/2 feet of hollow-stem auger in the ground Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger c Boring then backfilled " N O O C f.. w v to o h n s v m a u w 6 N z a 0 m m SP-07-03738 Braun Intent Corporation ST42 page 1 of 1 95 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-43 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street & Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over 12"Aggregate Base. 1.4 FILL FILL: Poorly Graded Sand,fine-to medium-grained,with Clayey Sand mix,trace of Gravel,brown,wet,medium dense. 12 4.0 SC CLAYEY SAND,trace of Gravel,light brown,moist to wet (Glacial Till) 6.0 z END OF BORING. a Water not observed with 4 1/2 feet of hollow-stem auger in the ground. c2 Water not observed to cave-in depth of 4 feel immediately after withdrawal of auger X Boring then backfilled 0 _c u A v to C v m i< t� M S H 0 m O LB Braun lntenm corporation Fr-43 page 1 of 1 96 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-44 Geotechnical Evaluation LOCATION: See attach sketch 2009 Street& Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Autohmr DATE: 10/30/07 SCALE: 111-41 Depth feet ASTM Description of Materials BPF IWLI Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"of Bituminous over 9"Aggregate Base. 1.3 FILL FILL: Poorly Graded Sand,fine-to medium-grained,trace of 2.5 Gravel,brown,moist. CL. SANDY LEAN CLAY,trace of Gravel,light brown to gray,wet, 4 rather soft to rather stiff (Glacial Till) 4 SZ e 0 V a a 4 0- r- 0 c0 m 7 u W u 10 y 13.5 s END OF BORING e j Water down 11 feet with 12 feet of hollow-stem auger in the 1= ground. Water observed at 5-foot depth immediately after withdrawal of auger. S Boring then backfilled h 0 c 6 A pFQ� L 0 ,rc J V d m K SR07-03738 Braun Intertec Corporation ST-" loge I of) 97 BRAUN' LOG OF BORING 1 NTE BTEC Braun Project SP-07-03738 BORING: ST-45 Geotecbnieal]'evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"MSA,Autohmr DATE: 10/29/07 SCALE: 1"=4r Depth feet ASTM Description of Materials BPF WL• Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 1.0 PAV 4 1/2"of Bituminous over 8"Aggregate Base FILL FILL: Poorly Graded Sand,fine-to medium-grained;trace of 2.5 Gravel,brown,moist, CL SANDY LEAN CLAY,trace of Gravel,light brown,wet,rather 4 soft to medium. (Glacial Till) 6 y 6.0 o END OF BORING Water not observed with 4 1/2 feet of hollow-stem auger in the a ground. w Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. G Boring then backfilled uJ w v s 0 o- c F V d 4; n a m W F oO 6 N u 4 Zm 7` K ra SP-07 03738 Braun intent Corporation ST45 page i or i 98 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 i BOILING: ST-46 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street & Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J_Chermak METHOD: 3 1/4"HSA,AutohmrDATE: 10/29/07 SCALE: 1'1=4' Depth feet ASTM Description of Materials BPF JWL MC P200 Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) % PAV 4"Bituminous over 11"Aggregate Base, 1.2 2.0 FILL FILL: Poorly Graded Sand,fine-to medium-grained,trace of Sc Gravel,brown,moist. CLAYEY SAND,fine-to medium-grained,trace of Gravel,light 7 brown to brown,wet,medium to still'. (Glacial Till) 10 N C 2 ea 9 14 39 0 c 0 i; 10 x u .° a 13.5 I8 END OF BORING 0 c € Water not observed with 12 feet of hollow-stem auger in the t� ground Water not observed to cave-in depth of 7 feet immediately after 0 withdrawal of auger o Boring then backfilled r� e is m a t; 0 0 m 0 m w� m LSP-07-0m, Braun Intertec Corporation ST46 page I of 1 99 BRAUN' LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-47 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 1 Chermak METHOD. 3 1/4"HSA,Autohmr DATE: 10/29/07 SCALE: I"c 4' Depth feet ASTM Description of Materials BPF NVL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487 FILL FILL: Silty Sand,dark brown,wet. IA CL SANDY LEAN CLAY,trace of Gravel,brown,wet,rather soft to medium. (Glacial Till) ti 5 6.0 END OF BORING. I EF Water not observed with 4 1/2 feet of hollow-stem auger in the ground ° Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger e `—° Boring then backfilled w u s H O O C C F t� d Q C F u 6 V m O m L5 0 rs 6 m m SP-07.03738 Braun lntenec Corporation ST47 page 1 of t 100 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-48 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility improvement Project City of Centerville Centerville,Minnesota DRILLER: 1.Chermak METHOD: 3 1/4"HSA,Au1ohrnr DATE: 10/30/07 SCALE: 1"-4- Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol I (ASTM D2498 or D2487) O's PAV 4"Bituminous over 4"Aggregate Base, FILL FILL: Poorly Graded Sand with Silt,fine-to medium-grained, 2.01 trace of Gravel,brown,moist. FILL FILL: Sandy Lean Clay,dark brown,wet. 8 4.0 CL• SANDY LEAN CLAY,trace of Gravel,light brown,wel,rather soft. 6.0 (Glacial Till) 4 F END OF BORING. Water not observed with 4 1/2 feet of hollow-stem auger in the ground 4. cWater not observed to cave-in depth of 4 feet immediately after s withdrawal of auger. x Boring then backfillcd. u .20- S -07-01ih SP-07-03738 Braun Intertec Corporation ST49 page 1 of 1 101 BRAUN" LOG OF BORING I NTERTEC Braun Project SP--07-0373$ BORING: ST-49 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chermak METHOD: 3 1/4"HSA,Aulohmr DATE: 10/31/07 SCALE: V=4' Depth feet ASTM Description of Materials BPF WL. Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) 0.6 PAV 4 1/2"Bituminous over 3"Aggregate Base. FILL FILL: Poorly Graded Sand,fine-to medium-grained,trace of Gravel,light brown to brown,moist. 5 4.0 CL. SANDY LEAN CLAY,trace of Gravel,gray,wet,soft to rather stiff (Glacial Till) 3 C 0 m P � 5 a O C O .p 4 d 13.5 9 0 END OF BORING. c Water not observed with 12 feet of hollow-stem auger in the H ground. Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger. Boring then backfilled. A Z� 7` m a u m S N 0 m QQ0 U z� 6D K SP-07-03739 Braun Intent Corporation ST-49 page I or t 102 I BRAUN sm LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-50 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: I Chermak METHOD: 3 1/4"JISA,Autolrmr DATE: 10/30/07 SCALE: 111-41 Depth feet ASTM Description of Materials BPF WL rests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 9"Aggregate Base. 1.2 FILL FILL: Poorly Graded Sand,fine-to medium-grained,trace of Gravel,brown,moist. 3.0 6 CL• SANDY LEAN CLAY,trace of Gravel,light brown to light gray, wet,rather soft to rather stiff. (Glacial Till) 9 0 3 a 4 0 0 q g 6 u e; 6 N 13.5 s END Or BORING, Water not observed with 12 feet of hollow-stem auger in the H ground a Water not observed to cave-in depth of 10 feet immediately after withdrawal of auger o Boring then backfilled. u h i3 �Z 7 a V Fp nM9 i 7NG K m (�J O V fz� a< d OL Braun Intener Corporation ST-50 page I of 1 103 BRAUN`" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-51 Geotechnical Evaluation I.&ATION: See attach sketch 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J Chermnk METHOD: 3 1/4"IiSA,Aulohmr DATE: 10/30/07 SCALE: 1"-4- Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 4 1/2"Bituminous over 9"Aggregate Base. 1.2 2.01 FILL FILL: Silty Sand,trace of Gravel,brown,moist CL• SANDY LEAN CLAY,trace of Gravel,light brown to gray,wet, rather sofi to rather stiff 9 (Glacial Till) 6 c 0 s 7 es 0 c 0 m 4 x d Wy N 13.5 0 END OF BORING C Water not observed with 12 feet of hollow-stem auger in the t= ground. Water not observed to cave-in depth of 9 feet immediately after y withdrawal of auger. Boring then backfilled. c v 0 s N 0 0 �6 C SP-W-03736 Braun Intense Corporation ST-51 page I of I 104 BRAUN" LOG OF BORING I NTE BTEC Braun Project SP-07-03738 BORING: ST-52 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street&Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: J.Chcrmak METHOD: 3 1/4"NSA,Autohmr DATE: 10/30/07 SCALE: 1"=4' Depth feet ASTM Description of'Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over 11"Aggregate Base. 1.7 FILL FIL1: Silty Sand,fine-to medium-grained,brown,moist. 3.0 5 CL SANDY LEAN C.1-AY,trace of Gravel, light brown,rather soft. (Glacial Till) 6.0 4 END OF BORING. N Water not observed with 4 1/2 feet of hollow-stem auger in the ground Cd cWater not observed to cave-in depth of 4 feet immediately after d withdrawal of auger x Boring then backfilled u w u 0 e N Q V y e h n h u u p r; 8 S o� 0 m w 0 u m m SP-07.03738 Braun tntertec Corporation ST-52Pa8 e 1 of 1 105 BRAUN" LOG OF BORING I NTE RTEC Braun Project SP-07-03738 BORING: ST-53 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street &Utility Improvement Project City of Centerville Centerville, Minnesota DRILLER: J.Chermak METHOD: 3 1/4"NSA,Autohmr DATE: 10/30/07 SCALE: P=4' Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) PAV 5"Bituminous over 10"Aggregate Base. 1.4 2.0 FILL FILL: Silty Sand,fine-to medium-grained,brown,moist. FILL FILL: Sandy Lean Clay,trace of Gravel,dark gray,wet 9 9 w 6.0 o CL SANDY LEAN CLAY,trace of Gravel,light brown to brown,wet, rather soft to stiff, (Glacial Till) 4 o V 0 9 6 x v u 16 > 13.5 1 41 END OF BORING, C C Water down 10 feet with 12 feet of hollow-stem auger in the ground Water not observed to cave-in depth of 9 feet immediately after N withdrawal of auger. a Boring then backfilled. rn e h u 6 n r H S (y0 V K �z 7< K SP-07-03736 Braun lntertee Corporation ST-53 page t or? 106 BRAUN'" LOG OF BORING INTERTEC Braun Project SP-07-03738 BORING: ST-54 Geotechnical Evaluation LOCATION: See attach sketch. 2009 Street & Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: ).Chennak METHOD: 3 1/4"HSA,Autolunt DATE: 10/30/07 SCALE: 1-1-41 Depth feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) AAV 5"Bituminous over 9"Aggregate Base. 1.3 2.0 FILL FILL.: Silty Sand,fine-to medium-grained,trace of Gravel,brown, CL, moist. SANDY LEAN CLAY,trace of Gravel,layer of Sand,brown,wet 10 rather soft to rather stiff (Glacial Till) 4 ^„ 6.0 Q END OF BORING a > Water not observed with 4 1/2 feet of hollow-stem auger in the 8 ground c- Water not observed to cave-in depth of 4 feet immediately after withdrawal of auger X Boring then backfilled w u - s 0 °e H a u u A rn h s 0. u w r tV h 0 Q 1m O N L m 11C S11-07-03738 Braun Interna Corporation ST-54 page I of 1 107 B R A U N r" LOG OF BORING i NTE BTEC Braun Project SP--07-03738 BORING: ST-55 Geolechnical Evaluation LOCATION: See attach sketch. 2009 Street& Utility Improvement Project City of Centerville Centerville,Minnesota DRILLER: 7 Chermak METHOD: 3 1/4"IiSA,Amohmr DATE: 10/30/07 SCALE: 1'1=4' 3Depth feet ASTM Description of Materials BPF WL• MC 200 Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) % % 1.0 PAV5 1/2"Bituminous over 6"Aggregate Base. FILL FILL: Silty Sand,trace of Gravel,brown,moist 4 4.0 SC CLAYEY SAND,trace of Gravel,light brown to gray,wet,rather ' soft to stiff (Glacial Till) 5 N C O p I1 14 43 e W O C O R G 7 W x v u y 13.5 14 0 END OF BORING. c Water not observed with 12 feet of hollow-stem auger in the F- ground. a Water not observed to cave-in depth of 9 feet immediately after y withdrawal of auger. A Boring then backfilled h e c °u i; 0 N V zm C m SRW-03ih Braun lntertec corporation ST-55 page 1 or 1 108 ® Stantec BIDDER: DOCUMENT 00 41 10 BID FORM CENTERVILLE,MINNESOTA 2016 THIN BITUMINOUS OVERLAY STANTEC PROJECT NO. 19383352 2015 THIS BID IS SUBMITTED TO: City of Centerville City Hall 1880 Main Street Centerville,MN 55038 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: Addendum Number Addendum Dat B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,progress, and performance of the Work. D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at,or contiguous to,the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at,or contiguous to,the Site (except Underground Facilities)which have been identified in SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions(surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost,progress,or performance of the work or which relate to any aspect of the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder,including applying the specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. ©2015 Stantec 1 193803352 BID FORM 0041 10-2 109 G. Bidder 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 Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations,investigations,explorations,tests, studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID 1 MOBILIZATION LS 1 $ $ 2 TRAFFIC CONTROL LS 1 $ $ 3 MILL BITUMINOUS CONSTRUCTION JOINT LF 510$ $ 4 FULL WIDTH MILL SY 26,000$ $ 5 BITUMINOUS TACK COAT GAL 1,600 $ $ BID FORM 0 2015 Stantec 1 193803352 0041 10-3 110 No. Nem Units Qty Unit Price Total Price 6 1.0"WEAR COURSE OVERLAY-SPWEA340E TON 1,350$ $ 7 2.0"WEAR COURSE OVERLAY-SPWEA340E TON 800$ $ 8 STREET SWEEPER (PICKUP BROOM W/OPERATOR) HR 20$ $ TOTAL BASE BID $ ©2015 Stantec 1193803352 BID FORM 0041 10-4 111 STATE OF MINNESOTA-RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of$50,000 A responsible contractor is defined in Minnesota Statutes§16C.285,subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes§16C.285, subdivision 3,or who fails to verify that it meets those criteria,is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3,clause 7. By signing this statement,I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. (name of the person,partnership or corporation submitting this proposal) (business address) (City,State and Zip Code) Signed (Bidder or authorized representative) Date ©2015 Stantec 1 193803352 0041 10-4 BID FORM 112 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on 2015. If Bidder Is: A Corr)oration Corporation Name: (SEAL) State of Incorporation: Type(General Business, Professional,Service,Limited Liability): By: (Signature) Name(typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: Email.: ©2015 Stantec 1 193803352 0041 10-5 BID FORM 113 An Individual Name(typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: Email.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: Email.: ©2015 Stantec 1 193803352 0041 10-6 BID FORM 114 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of Centerville, Minnesota (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows:Thin Bituminous Overlay. ARTICLE 2- THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:2016 Thin Bituminous Overlay Project for the City of Centerville, Minnesota. ARTICLE 3- ENGINEER 3.01 The Project has been designed by Stantec (Engineer),who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES 4.01 Time of the Essence A. 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. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 2, 2016, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before September 16, 2016. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.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 Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion,if Contractor shall neglect, refuse, or ©2015 Stantec AGREEMENT FORM 193803352 005210-1 115 fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5- CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit.The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions,estimated quantities are not guaranteed,and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on [fill in amount after Award]. ARTICLE 6- PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or,in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, 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 Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. AGREEMENT FORM 0 2015 Stantec 1 193803352 005210-2 116 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7- INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions,shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8- CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, 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, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques,sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents;and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests,studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor 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. ©2015 Stantec 1 193803352 AGREEMENT FORM 005210-3 117 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. B. Drawings bearing the following general title:2016 Thin Bituminous Overlay Project. 1. Addenda (Numbers to ,inclusive). 2. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 3. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). C. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). D. There are no Contract Documents other than those listed above in this Article 9. E. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10- MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and,specifically but without limitation, moneys that may become due and moneys that are 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 Documents. AGREEMENT FORM 0 2015 Stantec 1 193803352 005210-4 118 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners,successors, assigns, and legal representatives to the other party hereto, its partners,successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall 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. 10.05 Contractor's Certifications A. Contractor 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 10.05: 1. "corrupt practice" means the offering, giving,receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or 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 Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid 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 bidding process or affect the execution of the Contract. ©2015 Stantec 1 193803352 AGREEMENT FORM 005210-5 119 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on 2015 (which is the Effective Date of the Agreement). Owner: Contractor: City of Centerville, Minnesota By: By. Attest: Attest: Address for giving notices: Address for giving notices: License No.: (Where Applicable) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: END OF SECTION ©2015 Stantec AGREEMENT FORM 193803352 0052 10-6 120 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Effective Date of Agreement: Amount: Description(Name and Location): BOND Bond Number: Date(Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 121 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right,if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 122 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety,Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name, Address and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other party): EJCDC C-610 Performance Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 123 PAYMENT BOND Any singular reference to Contractor, Surety,Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date(Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 1 of 3 125 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 126 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders,and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other): EJCDC C-615 Payment Bond(2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 127 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC AMERICAN COONCII OF FNGINEFRING COM FRNIFS R 1M1R■ ASCE American Society National Society of of Civil Engineers Professional Engineers ftlessional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by lov CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00 72 05 129 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright©2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington, VA 22201-3308 (703) 548-3118 www.ajzc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 130 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology................................................................................................. 1 1.01 Defined Terms .................................................................................................................... 1 1.02 Terminology........................................................................................................................ 5 Article2—Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times;Notice to Proceed........................................................6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 —Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents ............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points ............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site ...................................................................... 14 Article 5 —Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds......................................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 131 5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer................................................... 22 Article 6-Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours............. ..................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule.................................................. ...................23 ........................................ 6.05 Substitutes and"Or-Equals"...............• .............................. 23 ................................................ 6.06 Concerning Subcontractors, Suppliers, and Others ............................................................ 26 6.07 Patent Fees and Royalties.................................. ...........................27 ..................................... 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations.......................................................................................................28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents......................................................... ............ 29 ....................................... 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies...................................................................................................................... 31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work.................. ................................... 33 .................................................... 6.19 Contractor's General Warranty and Guarantee....................................... ...... 33 ..................... 0 Indemnification..................................... ............................... 34 ............................................. 6.21 Delegation of Professional Design Services ....................................................................... 34 Article 7-Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination..................................................................................................................... 36 7.03 Legal Relationships........................................................................................................... 36 Article 8-Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data ..................................................................................................................... 37 8.04 Pay When Due......................................................................... 37 8. ................... 05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders...................... 37 .................................................... 8.08 Inspections, Tests, and Approvals .............................. ................ .......................................................... 37 .......... 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................' 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9-Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative .......................... ............................................................ 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 132 9.02 Visits to Site ..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments .................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10- Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 -Cost of the Work;Allowances;Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances ....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12-Change of Contract Price; Change of Contract Times........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work.................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14-Payments to Contractor and Completion ........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 133 14.09 Waiver of Claims............................................................................................................... 59 Article 15—Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16—Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17—Miscellaneous.................................................................................................................... 62 17.01 Giving Notice......................................... ..................... 62 ...................................................... 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies.................................................................................................... 63 7.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page iv 00 72 05 134 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 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 opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 007205 135 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and Physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19.Engineer—The individual or entity named as such in the Agreement. 20.Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22.Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24.Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Con act Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.tr Page 2 of 62 00 72 05 136 25.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30.PCBs—Polychlorinated biphenyls. 31.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33.Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34.Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 137 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. 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 for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a 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 thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, Steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 138 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. 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 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 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 shall not be effective to assign to 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 Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 P139 c. has been damaged prior to Engineer's recommendation of finala ent (un responsibility for the protection thereof has been assumed by Owner at Sub tanless tial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean 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, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or `provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When „ "install,” « "furnish, install, perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. 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 Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall additional each deliver to the other, with copies to each insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Cop nditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 6 of 62 00 72 05 P14 0 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer 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 Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of 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 performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, 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 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor 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 instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 P141 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one 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. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 P14 2 employees, agents, consultants, or subcontractors, 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. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); 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 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 P143 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 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 editions; or 2. 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. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving art y. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 P144 ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed 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. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner 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 Contractor's purposes, including,but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any"technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 P14 5 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 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 Contractor 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 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page '2 of 62 00 72 05 P146 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 P147 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have agree on entitlement to or on the amount or extent, if any, been expected to be aware of or to have anticipated. If Owner and Contractor are of any such adjustment in unable to Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor 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. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data,"Contractor may not rely upon or make any claim against Owner 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 Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedur thereto; or es of construction to be employed by Contractor and safety precautions and programs in 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any"technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright p 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 14 of 62 00 72 05 P14 8 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with 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 Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor 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. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and(ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 007205 P14 9 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment the Contract Price as security for the faithfull performance and a ymenan amount at least equal Contractor's obligations under the Contract Documents. These bonds shall remain in effect until t of all of one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds 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 shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where an Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, Contractor or hallart of epromptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 P150 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, 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: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 P151 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 P152 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 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. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. 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; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 P153 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees(and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such Policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their 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 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 Subcontractors and Engineer, and all other individuals or entities identified in the officers, directors, members, partn Supplementary Conditions as loss payees (and the oers, under employees, agents, consultants, and subcontractors of each and any of them) such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 20 of 62 00 72 05 P154 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss 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 perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 P155 and insurance required of such party by the Contract Documents, 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 change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. 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 shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 P156 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor 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. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor 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 shall 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. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description 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 or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is fimctionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 23 of 62 00 72 05 P15 7 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it 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;and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times;and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright®2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 P158 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) 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 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 P159 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. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or"or-equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 P160 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (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 any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor 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 a particular 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 or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, 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 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, Contractor shall indemnify and hold harmless Owner 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 P161 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all carges and inspection fees necessary for the prosecution of the Work which are applic blelat hth time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, 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 such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas pe Regulations, and shall not unreasonably encumber the Site anrmitted by Laws and d other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 P162 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner 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 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, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site 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 Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor 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. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 P16 3 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; 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, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor 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. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if y. an The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees at the Site. and representatives must comply while E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, 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, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner 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 Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 P16 4 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material 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. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 P165 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review. 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in 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 will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 72 05 P166 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 P16 7 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury 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 Contractor, 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 . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, 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 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 P168 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor 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. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72-05– P169 205P169 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page M of 62 00 72 05 P17 0 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 P171 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. 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 Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 P172 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with 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, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 P17 3 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment of the Work, and the interpretation of the requirements of the Contract Documents perttaiining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by 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 Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply ormance of the Work. Engineer will not be with Laws and Regulations applicable to the perf responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 P174 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer'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 Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 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 by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract 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 as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 007205 P17 5 1. gr changes in the Work which are: (i) ordered by Owner pursuant to Paraaph 10.0 LA, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall ere to carry on the Work and adh the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. 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, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09 shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions Of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright p 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page$2 of 62 00 72 05 P176 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 P177 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, 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 shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 P178 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 P17 9 D. Documentation: Whenever the Cost of the Work for an y purpose is to be pursuant to Paragraphs 11.OI.A and 11.01.B, Contractor will establish and maintainereco dsthereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents 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 Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor'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 Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract 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 Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page$6 of 62 00 72 05 P180 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0LA.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 P181 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01-C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0I.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in m the Contract Times shall be based on written notice submitted by the party making the Claito the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in acts or neglect by Owner, acts or neglect of utility owners or other contractors pParagraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, erforming other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page$8 of 62 00 72 05 P182 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1)below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 49 of 62 00 72 05 P18 3 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. 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, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. inspected or tested by others, Contractor, at Engineer's request, shall B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, 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 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 Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 P18 4 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor 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, Owner may order Contractor 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 shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, 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 such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 P18 5 B. If Contractor 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. All claims, 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 such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. 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. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, 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. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable'statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) may do so. Contractor shall pay all claims, costs, losses, and damages(including buttnot limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 P186 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, 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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. 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 Contractor's defective Work. D. Contractor 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 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. 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), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 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 shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 007205 P18 7 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. I The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Pa ymewin constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer'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 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. I By recommending any such payment Engineer 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 Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 P18 8 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 P189 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner Will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page-6 of 62 00 72 05 P190 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization 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, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 P191 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and 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, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) 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, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application andAcceptance: I. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 P19 2 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 P193 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor'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 established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor(without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, 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) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 P19 4 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor 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; 3. all claims, 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 P195 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer 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 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer 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 Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 P196 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents 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. 17.03 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 Documents. 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. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 P19 7 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 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. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions,with the prefix"SC"added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All paving is complete. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form.This imperative language is directed to the Contractor, unless specifically noted otherwise.The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: See Section 00 31 00 - Available Project Information. SC-4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803352 007305-1 P19 9 B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.8: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1- Worker's Compensation and related coverages under Paragraphs 5.04.A.I and A.2 of the General Conditions a. State b. Applicable Federal (e.g., Longshoreman's Statutory c. Employer's Liability ) Statutory 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.61 oftheGeneral Conditions,which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products-Completed Operations Aggregate C. Personal and Advertising Injury $1,000,000 $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability,and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit-Bodily injury and property damage. All owned, non-owned,and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance a. Each Accident $2,000,000 b. Aggregate $6,000,000 ©2015 Stantec 193803352 SUPPLEMENTARY CONDITIONS 007305-2 P200 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability,and Umbrella Excess Liability.This coverage shall be primary and noncontributory: a. Owner b. Engineer ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute,Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier,or other entity.The minimum monthly interest penalty payment for an unpaid balance of$100 or more is$10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor,supplier, or other entity. A subcontractor,supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements,including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of" in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work.The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803352 007305-3 P201 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule,schedule of Submittals,and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings:Attend meetings with Contractor,such as preconstruction conferences, progress meetings,job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor,working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor'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 Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples,which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. C. Advise Engineer and Contractor 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. 7. Modifications:Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer.Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor'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 Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a 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 work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. ©2015 Stantec 1193803352 SUPPLEMENTARY CONDITIONS 007305-4 P2 02 9. Inspections,Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment,and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record,and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences,reproductions of original Contract Documents including all Change Orders, Field Orders,Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports,Shop Drawing and Sample submittals received from and delivered to Contractor,and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site,weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions,Site visitors,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. c. Record names, addresses and telephone numbers of Contractor, subcontractors,and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work,furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders,Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions,emergencies,or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established 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, Operation 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 Specifications to be SUPPLEMENTARY CONDITIONS 007305-5 0 2015 Stantec 193803352 P203 assembled and furnished by Contractor are applicable to the items actually with the Contract Documents,and have these installed and in accordance documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion,submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner,and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on 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. Resident Project Representative 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 Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor,subcontractors,suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 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 Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK;CLAIMS SC-10.05.6 Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days"with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK;CASH ALLOWANCES; UNIT PRICE WORK SC-1 I.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: C. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof.All such costs shall be in accordance with the terms of said rental ©2015 Stantec 1 193803352 SUPPLEMENTARY CONDITIONS 007305-6 P2 04 agreements.The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project].An hourly rate will be computed by dividing the monthly rates by 176.These computed rates will include all operating costs.Costs will include 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, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 -TESTS AND INSPECTIONS;CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation,unless within that time period Owner or Contractor: SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803352 007305-7 P205 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.01.1D Add the following new paragraph immediately after Paragraph SC-16.01.C: D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC-16.01.C1 shall commence an action on the claim within 1 year of giving such notice and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time-barred and Engineer's action or denial shall become final and binding. END OF SECTION ©2015 Stantec 1 193803352 SUPPLEMENTARY CONDITIONS 007305-8 P2 06 SECTION 00 73 40 FUNDING AGENCY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Pertinent Funding Information 1. City of Centerville will be the Owner and "Funding Agency". 2. Contractor and subcontractors to comply with all Funding Agency Requirements. 1.02 PRICE AND PAYMENT PROCEDURE A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in Total Base Bid. 1.03 REQUIREMENTS A. Comply with the attached requirements set by the Funding Agency. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF DOCUMENT FUNDING AGENCY REQUIREMENTS 0 2015 Stantec 1 193803352 007340-1 P207 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name:2016 Thin Overlay Project for the City of Centerville, Minnesota. B. Description of Work: Mill and thin bituminous overlay for streets shown in Drawings. 1.04 COMPLETION DATES A. Substantial Completion:Set forth in the Agreement. B. Final Completion:Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages,if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Keep existing driveways and entrances clear and available to the public and to the Owner. 2. If additional space is needed, obtain and pay for such space off Site. 3. Access routes shall be reviewed and approved by the City Engineer prior to construction. 4. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY 01 1000-1 0 2015 Stantec 1 193803352 P209 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions.Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES ©2015 Stantec 193803352 01 2000-1 P211 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.05 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time,sites,and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work,identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PROJECT MANAGEMENT AND COORDINATION 0 2015 Stantec 1 193803352 01 31 00-1 P213 PART 3 EXECUTION Not Used. END OF SECTION C 2015 Stantec 1 193803352 PROJECT MANAGEMENT AND COORDINATION 0131 00-2 P214 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence.Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing,start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update,and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment.Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES 0 2015 Stantec 1 193803352 01 3300-1 P215 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started,submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project.This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. END OF SECTION ©2015 Stantec 1 193803352 SUBMITTAL PROCEDURES 013300-2 P216 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) and all subsequent revisions and supplements.The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS 0 2015 Stantec 1 193803352 01 4000-1 P217 1.07 LABORATORY REPORTS A. After each inspection and test,submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test,results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ©2015 Stantec 1 193803352 QUALITY REQUIREMENTS O1 4000-2 P218 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization.Measurement is Lump Sum.This will be considered payment in full for all work and costs of this Bid Item.The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item"Mobilization"will be made using a percenta a based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned-25 70 Percent of original Contract amount earned-50 90 Percent of original Contract amount earned-100 100 2. A Bid Item has been provided for Traffic Control.Measurement is Lump Sum. a. This shall be considered payment in full for all labor,equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing,installing, and relocating the Traffic Control due to various road closures, daily maintenance,and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned-25 70 Percent of original Contract amount earned-50 90 Percent of original Contract amount earned- 100 100 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. TEMPORARY FACILITIES AND CONTROLS 01 5000-1 0 2015 Stantec l 193803352 P219 1.03 REFERENCES A• Minnesota Department of Transportation "Standard Specifications for Construction,"2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts-Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: I. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs,striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Use of new or existing hydrants is prohibited, except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. ©2015 Stantec 1 193803352 TEMPORARY FACILITIES AND CONTROLS 015000-2 P2 20 C. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant.Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion.There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. D. Temporary Water Services service to the structures identified on the Drawings. 1. Maintain temporary potable water E. Temporary Sewer Services 1. Maintain temporary sewer service to the structures identified on the Drawings. F. Temporary Electricity 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service after service is installed.Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. G. Temporary Heating 1. Provide and pay for temporary heating. 2. Contractor may use permanent HVAC system after Substantial Completion. After Substantial Completion, Owner will pay for heat. H. Temporary Telephone 1. Provide temporary telephone service to Site. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes,for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities,consistent with governing regulations. Contractor may not use Owner's toilet facilities. paper towels, paper cups, and 3. Provide and maintain adequate supply of toilet tissue, pap appropriate covered similar disposable materials appropriate for each facility. Provide appro p waste containers for used material. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device.The parking of workers'vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic,the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. TEMPORARY FACILITIES AND CONTROLS 01 5000-3 ©2015 Stantec 1 193803352 P2 21 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces.The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1• Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan.The Engineer may accept, reject, or suggest alterations to the plans.These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through-lane lane widths of 00 feet will be maintained at all times. c. 2-way traffic (1 lane in each direction)will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without pp roval of the e. Provide access for emergency vehicles and busses to all residences at1neer.all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual.There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD"and"END ROAD WORK"signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain"ROAD WORK AHEAD"signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer.The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j• Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors',subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure,shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications.This would include any vehicle which enters the traveled roadway at any time.The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights-SAE Specification J845. b. Flashing Lights-SAE Specification J595. c. Flashing Strobe Lights-SAE Specification J1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary"short-term"lane closures by the Contractor, consistent with time restrictions,will be permitted during those hours and at those locations approved by the Engineer. Requests for"short-term"lane closures shall be made at least 24 hours prior to such closures.The Contractor shall furnish, erect, and maintain all . No direct compensation will lbe made for temporary lane closures. traffic control devices required for these closures c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. ©2015 Stantec 1 193803352 TEMPORARY FACILITIES AND CONTROLS 01 5000-4 P222 e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section,each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project.The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names,addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call' 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 6. Keep all traffic control signs and devices in a legible condition.This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums,at a convenient location within the Project limits for use in an emergency,as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. F. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident,will be assessed at a rate of$250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges,for each incident,will be assessed at a rate of$500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803352 01 5000-5 P2 23 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes ❑No Do any devices need repair? ❑Yes ❑No Were all replaced or repaired? ❑Yes ❑No 2. Are any lights (flashers, etc.) not functioning? ❑Yes ❑No Were they all replaced or repaired ❑Yes ❑No 3. Are any devices improperly placed? ❑Yes ❑No Were all positions corrected? ❑Yes ❑No 4. Do any devices need cleaning? ❑Yes ❑No Where all devices cleaned? ❑Yes ❑No ADDITIONAL COMMENTS: The above check was completed by (name/title) on: at: (date) (time) ❑AM ❑PM P2 24 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic requirements for products used in the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. B. Submit the following items consistent with Section 01 33 00 and General Conditions Article 6.05: 1. Shop drawings for named products and "or-equal" products. 2. Written application for substitute items,including supporting documentation. 1.04 PRODUCT SUBSTITUTIONS AND "OR-EQUAL" PROCEDURES A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01 33 00. 3. Items not approved as "or-equal" may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and the following additional supporting documentation: a. Drawings and Specifications. b. Installation lists. c. Performance data,including equipment capacity, strengths,weights,and dimensions. d. Catalog cut-sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy-out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy-out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and "or-equal" review process. 7. Engineer shall not have to prove that an item is not an "or-equal." PRODUCT REQUIREMENTS 0 2015 Stantec 1 193803352 01 6000- 1 P225 8. Owner does not have to accept proposed Substitute Items. 1.05 SUBTITUTE ITEMS A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction 1. Alternate material or equipment items accepted by the Owner and included in the award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 DELIVERY A. Transport and handle products in accordance with the manufacturer's instructions. B. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. C. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. D. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter.Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. E. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. F. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions.Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. G. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. H. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. I. Record inspection, maintenance, services performed,and keep log available for review. J. Traffic control required for all deliveries to and from the Site shall be the responsibility of the Contractor.All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. ©2015 Stantec 1193803352 PRODUCT REQUIREMENTS 01 6000-2 P2 26 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Provide temporary Site security fencing around storage areas and as indicated on the Drawings. C. The Contractor shall provide the Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area.This fencing is in addition to any other fencing required for Site containment. 3.03 OWNER SUPPLIED PRODUCTS A. The Contractor shall be responsible for removal, protection,storage,delivery, and installation of all Owner furnished equipment or materials, unless otherwise specified. B. The Contractor shall be required to make all modifications to structures,equipment, and power to provide a complete and working installation of the Owner furnished products. C. The Contractor shall provide any materials or equipment required for the installation of the Owner supplied products,including but not limited to electric wire and conduit, pipes, anchors, and supports. D. The Contractor shall be responsible for inspection of any existing Owner furnished products to verify characteristics prior to Bidding. E. Install Owner furnished equipment in accordance with manufacturer's recommendations and as specified in other Sections. F. All costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. END OF SECTION PRODUCT REQUIREMENTS C 2015 Stantec 1 193803352 01 6000-3 P227 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Final Application for Payment, including accompanying documentation. 6. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. EXECUTION REQUIREMENTS 0 2015 Stantec 1193803352 01 7000- 1 P229 B. Secure Work true to line and level,within recognized industry tolerances,with anchorage devices designed and sized to withstand stresses, vibration,and rocking. Allow for expansion and movement of building. 3.03 SITE MAINTENANCE A. Maintain stockpiles,excavations,access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer.Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594.They are also available on their website:www.revenue state mn us, or via email at With holding.tax@state-m n.us. END OF SECTION ©2015 Stantec 1193803352 EXECUTION REQUIREMENTS 01 7000-2 P230 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade,above grade, and below grade structures and miscellaneous items. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal,salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required.The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. b. Mill Bituminous Construction Joint: Per lineal foot with regard to thickness and width as shown on the Drawing. The collection and disposal of milling material shall be included in the price of the milling. c. Full-width Milling: Per lineal square yard without regard to thickness as shown on the drawing. The collection and disposal of milling material shall be included in the price of the milling. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction,"2014 Edition (MnDOT Spec.) 1. 2104- Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove:To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage:To dismantle,disassemble, or remove carefully without damage so the item can be re-assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon:To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. SELECTIVE SITE DEMOLITION 0 2015 Stantec 1 193803352 0241 13-1 P231 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec.2104.3,with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work,submit for review by the Engineer and approval by the Owner,a schedule showing the commencement, order,and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work.Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage,storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. ©2015 Stantec 1 193803352 SELECTIVE SITE DEMOLITION 0241 13-2 P2 32 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts,wood fence, etc.which may interfere with construction shall be removed,stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement:Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement:Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.06 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION C 2015 Stantec 1 193803352 0241 13-3 P233 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt-aggregate mixtures for wearing and non-wearing pavement courses. 2. Bituminous tack coat. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5,except as modified herein. 2. A Bid Item has been provided for bituminous material for Bituminous Tack Coat a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Items have been provided for 1.0" Wear Course Overlay-SPWEA340E a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2014. 4. Bid Items have been provided for 1.0" Wear Course Overlay-SPWEA340E a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2014. 5. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean-up of the bituminous non wearing course with a power pickup broom. 6. Final adjustment of the structures done by others. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) FLEXIBLE PAVING(MUNICIPAL PROJECTS) 0 2015 Stantec 1 193803352 32 12 01 - 1 P2 35 1. 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated. A copy can be found at http://www.dot.state.mn.us/pre-letting/spec/2014/2014-Std-Spec-for- Construction.pdf a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer"with the word "Engineer." 1.04 SUBMITTALS A. Submit mixture design report to the Engineer.Conform to MnDOT Spec.2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec.2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation:Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form B. Conform to MnDOT Section 2360.2, except as modified herein 1. Recycled Asphalt Shingles are not allowed in wear or non-wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non-wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec.2357 a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec.2360.2G, except as modified herein 1. Quality Control (QC)Testing:The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for Course Aggregate Angularity and Fine Aggregate Angularity.The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.10 and 2360.11 a. A verification sample will be taken by the Engineer.The Contractor will be required to use the verification companion sample as part of the QC testing program. ©2015 Stantec 1 193803352 FLEXIBLE PAVING(MUNICIPAL PROJECTS) 321201 -2 P2 36 PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3,except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the:longitudinal seams, compaction,traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader 2. Structure adjustments to be done by others. E. Joints:Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw-cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day,if,in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e.wearing course to non-wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3.A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec.2357,except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. FLEXIBLE PAVING(MUNICIPAL PROJECTS) 321201 -3 0 2015 Stantec 1 193803352 P237 3. The Contractor shall have sole responsibility of claims of tack coat on personal Property due to lack of notification or signage of the area being tack coated. C. Equipment:Conform to MnDOT Spec.2360.3.6. D. Road Surface Preparation: Conform to MnDOT Spec.2357.3.C. E. Application I. At a uniform rate conforming to MnDOT Spec.2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and gutter,prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. I. All other Pavement Density shall conform to Section 2360.3.D.1 -Maximum Density Method. 2. Modify Table 2360-21 LM_ _ t Determination as indicated below: uction (Tons) Lots 00 1 ,000 2 600 3 000 4 6 Dayproduction 0 to 200 tons is at the discretion of the Engineer. 3. Modify Table 2360.22 "Payment Schedule for Maximum Mat Density" as indicated below.This modification is intended to eliminate incentive payments for pavement mat densit : Table 2360-22 Payment Schedule for Maximum Mat Density SP Wear, SP Non-Wear, and SP Shoulders SP Shoulders (3%Void), Mat Density Pay (47c Void), Density, %* Density, %* Factor 93.6 and above 94.6 and above 93.1 to 93.5 1.00 94.1 to 94.5 1.00 92.0 to 93.0 93.0 to 94.0 91.0 to 91.9 1.00 92.0 to 92.9 0.98 90.5 to 90.9 91.5 to 91.9 90.0 to 90.4 0.95 91.0 to 91.4 0.91 89.5 to 89.9 90.5 to 90.9 89.0 to 89.4 0.85 90.0 to 90.4 0.70 Less than 89.0 Less than 90.0 t ©2015 Stantec 1 193803352 FLEXIBLE PAVING(MUNICIPAL PROJECTS) 321201 -4 P2 38 4. Modify Table 2360-24 and Table 2360-25"Payment Schedule for Longitudinal Joint Testing"as indicated below. This modification is intended to eliminate incentive payments for longitudinal pavement testing: Table 2360-24 Payment Schedule for Longitudinal Joint Density SP Non-Wear, and SP Shoulders 4-Percent Void Percent Density(2) Percent Density 121 Long.Joint Pay Factor B Long. Joint Pay Factor C Confined Ede (Confined Edge) Unsu orted Edge) (Unsupported Edge) 92.1 and above 1.00 91.0 and above 1.00 91.6 to 92.0 1.00 90.1 to 90.9 1.00 89.5 to 91.5 1.00 88.1 to 90.0 1.00 88.5 to 89.4 0.98 87.0 to 88.0 0.98 88.7 to 88.4 0.95 86.0 to 86.9 0.95 87.0 to 87.6 0.91 85.0 to 85.9 0.91 Less than 87.0 0.85 Less than 85.0 0.85 Table 2360-25 Payment Schedule for longitudinal Joint Density SP Non-Wear, and SP Shoulders 3-Percent Void Percent Density (2) Percent Density 1�1 Long.Joint Pay Factor B Long.Joint Pay Factor C Confined Ede (Confined Edge) (Unsupported Edge) (Unsupported Edge) 93.1 and above 1.00 92.0 and above 1.00 92.6 to 93.0 1.00 91.1 to 91.9 1.00 90.5 to 92.5 1.00 89.1 to 91.0 1.00 89.5 to 90.4 0.98 88.0 to 89.0 0.98 88.7 to 89.4 0.95 87.0 to 87.9 0.95 88.0 to 88.6 0.91 86.0 to 86.9 0.91 Less than 88.5 0.85 Less than 86.0 1 0.70 B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E, except as modified herein 1. The sentence"In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements."is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. END OF SECTION FLEXIBLE PAVING(MUNICIPAL PROJECTS) 0 2015 Stantec 1 193803352 32 12 01 -5 P2 39 Ho oil 4j- c 49 terville ,11 PROJECT LAe Established 1857 ® �: F-1 In 2016 THIN BITUMINOUS OVERLAY PROJECT PROJECT LOCATION SHEET INDEX C1 01 LOCATION MAP BID SITE C601 MET 114PRW ENTS C503 MEET IMPROVEMENTS CITY HA C 03 MEET IMPROVEMENTS 1880 MA ST. 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LU ROYAL a -� MRL ON CONSTRUCTIrs W 19 MEADOWS OINT(YR) 9 PARK 6 5 44 3 2 1 91 4 18 NO RE p pAfr 1� N NOM FULL-WIDTH MILL AND 1 D"OR�ERUY(SEE SHE .DI) g4e 3.EX MM-TO BE ADJUSTED BY OOERS LT�: D SD IDD 3.EXW-TO BE MUSIED BY OTHERS i�pp� Horlanhl® CETw $ Xpt ro, 6.o ' ..x.wngx m S2aW3/bndYll 193n1S 9102 O 103FONJ AV1M3AO snONIWf1L9 NIH191OL yy 911D :)eau s ® VIOS3NNIW'311IAdgiN30 $ g dv 16 1 2 3 a \\ 5 4 a 17 0 5 6 18 m 5 6 7 7 27 26 25 8 < € r s s e � W � CLEAR RIDGE a W e CLEAR RIDGELL r€ 2 S� 3 4 1 1 2 3 3 16 4 1 17 2 18 3 19 4 20 48 Er 5 21 1 1 2 eg C.S.A.H. 14 3 P247 awn ntw o lio. ��11 avis-s�wr�..�m sMQVBAO M MHz 9TOZ ✓a:Ul}S ® 103fOMdAY183AosnONIWf1L8NIH19[oZ`JOS3NNIW'3l1In2131N3Ou 2` � - 1 � y U 1 J 5 1 PELTIER LAKE DRIVE 4 3R 3 g� 1 2 52 0XT 4 5 E 73RD STREET — 21 22 1 2 1 1 23 t 1 1 2 3 iR 24 PRARIE DRIVE PRAIRIE 25 26 1 1 2 3 27 2 14 STEVEN LAN STEVEN LANE 3 15 st 4 8 1 2 3R 16 d d s 5 e 17 P2 48 8�� c 4 t¥INN cin �a ; �Ie9 c a � o.e 1'NLLN.Nuoow counr.Nuoow uaa cartamaoo muar, I�ovNl�Nawow muar.Nuoow a�ac mrronwwo oaa muar,Nuwms nul.ulo awa uxc�uu z oval cvar.Na�snua,wlo noeln ulrt,uu 2'NIIL 1011NLLWID Ur 100. ml.0.0M O a N vUJ } STREET MILLING PROFILE STREET OVERLAY PROFILE 0 W = O J W C 5 Z m Z z W R TRAIL OVERLAY PROFILE R'f z�' C8.01 N YS RE UEST FOR APPEAL OF DANGEROUS/POTENTIALLY DANGEROUS DOG CLASSIFICATION Within 14 days return to: Chief of Police Centennial Lakes Police Department 54 North Road Circle Pines, MN 55014 Check appropriate box: Please be advised of my intent to appeal this matter to the City Council. I do not intend to appeal this matter. (Please check appropriate line below) The dog in question has been: Humanely euthanized. Permanently removed from the city. Brought into compliance with this declaration. 97- 221 — IS Signature of Dog Owner Date Mchd ed 4. /,ee Printed Name of Dog Owner Note: In the event that you elect to appeal this matter to the City Council, the City will notify you as to the date and time of the hearing as well as additional rights that are provided to you under local ordinance. P2 50 fop t OYUOOL LLNILNNIALLAKES PD PAGE 10/10 ..�, tea, "•,,y., y.,,.�J , CITATION State of Minnesota I11111111Citation# mIIIi111111 020399000369 0203000364 Counb Name: CNIICR# 1 r L/ Identification, ❑DL O DVS Web r)Photo ID !J E3 FP Other L oOQo 5jq�57pT MN [3 COL ❑Slate Name f / • Filet Middle Last Sutfls + t� Addrsse=Street Apt# 4C Zip City State �.� DOS — (m HeiQht Weight E Ld ) > � G der D Juvenile's ❑Same Addreft as Juvenile GuardianrAddreea Veh,l.la No. Plate Year State Make Style Color _–�]16+pass. ^_ Data OBerise Time of Offense ❑AecidentVash a; p ProportY D injury ' p Fetal D Pedestrian cqfl.C3 er D net. D Pamonpor D Operete p Parked O Booked Offense Location Cityl unity!_row whip t Ro PM, GM Offense Charge Description StatutefOrdlnance .ID AjS4 Offense Charge Description Statutefordinance PM,M,GM Offense Charge Description StatutWOrdinance PM.M,GM OffenLe Charge Description Statuts/Ordlnence PM,M,GM ❑Speed 169.14(subd )' --mph Zone ❑3rd Violation ❑No Sent Bek use 169.666.1(a) ❑No Proof of insurance 169.791 AC Taken–AC; - Test e: ❑Refused ❑Breath 0 Blood ❑urine ❑Unsafe Conditions ❑School Zone ❑Commercial Veh. DIOTU Weather [I Endangering Life&Property Work Zone Wounds Overweigh' ' O Hazardous Material(DOT) Your court pay or appearance.date is:�`� (dal. YYY) at �'^°> O atthe• Anoka County Courthouse w (COUR F 0 See the back of this citation for more Information. Prosecutor p Officers)Namefa Officer No(s) Controlling Agency (CAG) How Issued Dale Issued W ❑In Person V"Malled ❑Left at Scene MN0020300 page of I tD 'ORIGINAL P2 51 MEMORADNUM To: Mayor and City Council From: Kurt B. Glaser, City Attorney Date: October 23, 2015 Re: Requesting Public Hearing To Acquire Easements Along Mill Road Summary Staff requests Council to consider calling for a public hearing on December 9,2015 at 6:30 p.m. for the purpose of acquiring easements the trail and public utilities constructed along Mill Road. Details In 2011,the City constructed a bituminous trail along Mill Road. In 2014,the Kelly family raised a dispute over the City's right to use public land (aka "common land")to construct the trail.This dispute arises because of an unusual property grant occurring only in the immediate vicinity of their home at 7258 Mill Road. What we now call Mill Road started as a dirt path in the 1800's. During 1900's,a land owner defined a north-south strip of land for use as a "public road."This grant defined the boundarys of the area which can be used for the roadway. Eventually the residents of the City decided to construct a road surface.The roadway surface does not occupy the entire corridor defined for potential use.That unused portion of land is known as "common land."What is unusual about this land grant is that this grant of land also implied that if this "common land"was not used for a public road, the surrounding land owners might have the right to claim ownership of that common land. Over the decades,this land was also used for public utilities such as water,gas,storm sewer,and cable television. In 2011,the City constructed the trail on the common land along Mill Road. In 2014,the Kelly family raised a complaint arguing the City did not have the right to use common land in front of their home for the trail because the trail was not a "public road." The Kellys sued the City to claim the unused portion of common land in front of their home. They would like to own the strip of land between the bituminous surface of Mill Road and the current property line of their front yard.This strip is roughly fifteen feet wide.As part of their lawsuit,the Kellys claim the City does not have the right to use the portion of common land in front of their home for the trail.The functional part of this lawsuit is that a court is being asked to define which, if any, property owners surrounding the common land might have the right to acquire ownership of portions of this common land given that a majority of that land is being used a public road.The court would also formally determine whether the trail is part of the public road. If the City were to use the statutory right of eminent domain to create an easement for the trail and other existing public utilities,the c not have to decide this question. ourt would Staff is asking the Council to hold a public hearing to begin the statutory process of acquiring easements in this common land. These easements would clarify the City's right to maintain the trail, 1 P252 water pipes and other public utilities.Once the City acquires these easements, it could concede this aspect of the Kellys lawsuit and potentially save the expense of litigation.The Kellys have been asked to agree to this disposition in order to avoid the expense of acquiring easements and the expense of litigation.The Kellys have declined that request. 2 P253 I INVEY I I - - Deac-149.36 Deec-589^571E r off 149.47 -769.09' 1.9 I 12 Inch i1Pn with top t A • ® aeee.,Vp� 0�•�, I �e I to Q • U 0 • LAi O � c EC Ca = O '- m � + 0 0 l w 150.05 Lia o i~ Desc-150 N8911'S2"W r Deac-West PAiar.. / (tYp) � dr o d2,�N o .a Existing Nouse o 13 a - Ituminous (3 Driveway—, Garage b T _ 1.6 " ' f / 1 f Fnd 1 1/2 Inch M / Iron Pipe Fnd 5/8 inch Rebar 1 �Deac=West <' I i 5 foot Conc. Sidewalk I 73 RD i STREET I P2 54 September 17, 2015 Mike Ericson, City Administrator City Of Centerville 1880 Main St Centerville, MN 55038 RE: 2015 System Statements Dear Mr. Ericson: The Metropolitan Council recently adopted Thrive MSP 2040 and updated regional system and policies plans, including the 2040 Transportation Policy Plan, the 2040 Regional Parks Policy Plan, the 2040 Water Resources Policy Plan; and the 2040 Housing Policy Plan. Accordingly, the Council is now issuing system statements as required by state statute. The system statement for your community, enclosed, shows how the changes to the Council's regional system plans affect your community specifically. The distribution of System Statements triggers the timeline for updating your local comprehensive plan, due to the Council by December 31, 2018. To help you with updating your plan; we are excited to introduce our updated Local Planning Handbook (http://metrocounci1.org/handbook.aspx), which has transitioned into a web-based guide. The updated Handbook provides clear and specific direction on the minimum requirements for updating your plan, customized data and maps in the Community Pages section, and an array of tools and resources to make it easier to complete your comprehensive plan update and focus on value-added planning for your community. You also find an electronic version of your system statement on your Community Page in the online Local Planning Handbook. Additionally, system statements for all communities can be found on our website at http://metrocouncil.orq/Communities/Planning/Local-Planning- Assistance/System-Statements.aspx. If you have questions about your system statement or any of the materials at the links provided, please contact Ryan Garcia, the Council sector representative from our Local Planning Assistance staff assigned to work with your community, at 651-602-1832. We look forward to working with you. Sincerely, Beth Reetz, Director Community Development Division NEW— INN 390 Robert Street North I Saint Paul, MN 55101-1805 - 651,602,1000 0904 1 metrocouncil,org METROPOLITAN C 0 U N C I L Cl) r r (D pr�� -h 0. .-r cnCD C ID momQ mr (D (D (D 3 CD y N G Ul • 20'15 SYSTEM STATEMENT FOR CITY OF CENTERVILLE September 17., 2015 Regional Development Plan Adoption In May 2014, the Metropolitan Council adopted Thrive MSP 2040. Following adoption of Thrive, the Council adopted the 2040 Transportation Policy Plan, the 2040 Regional Parks Policy Plan, the 2040 Water Resources Policy Plan, and the 2040 Housing Policy Plan. The Metropolitan Council is now issuing system statements pursuant to State statute. Receipt of this system statement and the metropolitan system plans triggers a community's obligation to review and, as necessary, amend its comprehensive plan within the next three years, by the end of 2018. The complete text of Thrive MSP 2040 as well as complete copies of the recently adopted metropolitan system and policy plans are available for viewing and downloading at htto.I www metrocouncil orgICommunities/Planning.asax. Paper copies are available by calling the Council's Data Center at 651-602-1140. System Statement Definition Metropolitan system plans are long-range comprehensive plans for the regional systems—transit, highways, and airports; wastewater services; and parks and open space—along with the capital budgets for metropolitan wastewater.services, transportation, and regional recreation open space. System statements explain the implications of metropolitan system plans for each individual community in the metropolitan area. They are intended to help communities prepare or update their comprehensive plan, as required by the Metropolitan Land Planning Act: Within nine months after receiving a system statement for an amendment to a metropolitan system plan, and within three years after receiving a system statement issued in conjunction with the decennial review required under section 473.864 subdivision 2, each affected local governmental unit shall review its comprehensive plan to determine if an amendment is necessary to ensure continued conformity with metropolitan system plans. If an amendment is necessary, the governmental unit shall prepare the amendment and submit it to the council for review. Local comprehensive plans, and amendments thereto, will be reviewed by the Council for conformance to metropolitan system plans, consistency with Council policies, and compatibility with adjacent and affected governmental units. Updated local comprehensive plans are due to the Council for review by December 31, 2018. What is in this System Statement The system statement includes information specific to your community, including: • your community designation or designation(s); forecasted population, households, and employment through the year 2040; guidance on appropriate densities to ensure that regional services and costly regional infrastructure can be provided as efficiently as possible. • affordable housing need allocation; Page-1 1 2015 SYSTEM STATEMENT—CENTERVILLE INTRODUCTION P257 In the following sections, this system statement contains an overview of each of the system plan updates and specific system changes that affect your community. The sections are: • Transportation, including metropolitan highways, aviation, and transit • Water Resources, including wastewater, surface water, and water supply planning • Regional parks and trails pp y Dispute Process If your community disagrees with elements of this system statement, or has any questions about this system statement, please contact your Sector Representative, Ryan Garcia, at 651-602-1832, to review and discuss potential issues or concerns. The Council and local government units and districts have usually resolved issues relating to the system statement through discussion. Request for Hearing If a local governmental unit and the Council are unable to resolve disagreements over the content of a system statement, the unit or district may, by resolution, request that a hearing be conducted by the Council's Land Use Advisory Committee or by the State Office of Administrative Hearings for the purpose of considering amendments to the system statement. According to Minnesota Statutes section 473.857, the request shall be made by the local governmental unit or school district within 60 days after receipt of the system statement. If no request for a hearing is received by the Council within 60 days, the statement becomes final. Page-2 1 2015 SYSTEM STATEMENT—CENTERVILLE INTRODUCTION P258 Regional Development Guide The Council adopted Thrive MSP 2040 as the new regional development guide on May 28, 2014. Thrive identifies five outcomes that set the policy direction for the region's system and policy plans. �0 Building on our region's history of effective stewardship of our resources, Thrive envisions a prosperous, equitable, and livable region that is sustainable for today and generations to come. The fASP Council is directing its operations, plans, policies, programs, and resources toward achieving this shared long-term vision. Three principles define the Council's approach to implementing regional policy: integration, collaboration, and accountability. These principles reflect the Council's roles in integrating policy areas, supporting local governments and regional partners, and promoting and implementing the regional vision. The principles define the Council's approach to policy implementation and set expectations for how the Council interacts with local governments. Thrive also outlines seven land use policies and community designations important for local comprehensive planning updates. The land use policies establish a series of commitments from the Council for local governments and uses community designations to shape development policies for communities. Community designations group jurisdictions with similar characteristics based on Urban or Rural character for the application of regional policies. Together, the land use policies and community designations help to implement the region's vision by setting expectations for development density and the character of development throughout the region. Community Designation Community designations group jurisdictions with similar characteristics for the application of regional policies. The Council uses community designations to guide regional growth and development; establish land use expectations including overall development densities and patterns; and outline the respective roles of the Council and individual communities, along with strategies for planning for forecasted growth. If there are discrepancies between the Thrive MSP 2040 Community Designations Map and the Community Designation map contained herein because of adjustments and refinements that occurred subsequent to the adoption of Thrive, communities should follow the specific guidance contained in this System Statement. Thrive identifies Centerville with the community designation of Emerging Suburban Edge (Figure 1). Emerging Suburban Edge communities include cities, townships and portions of both that are in the early stages of transitioning into urbanized levels of development. Emerging Suburban Edge communities are expected to plan for forecasted population and household growth at average densities of at least 3-5 units per acre for new development and redevelopment. In addition, Emerging Suburban Edge communities are expected to target opportunities for more intensive development near regional transit investments at densities and in a manner articulated in the 2040 Transportation Policy Plan. Specific strategies for Emerging Suburban Edge communities can be found on Centerville's Community Page in the Local Planning Handbook. Page-3 1 2015 SYSTEM STATEMENT—CENTERVILLE INTRODUCTION P259 Forecasts The Council uses the forecasts developed as part of Thrive to plan for regional systems. Communities should base their planning work on these forecasts. Given the nature of long-range forecasts and the planning timeline undertaken by most communities, the Council will maintain on-going dialogue with communities to consider any changes in growth trends or community expectations about growth that may have an impact on regional systems. The Thrive forecasts for population, households, and employment for your community are: 2010 (actual) 2014 est. 2020 2030 Population 3,792 2040 3,931 MAO 3;9 0 4,Qb9 Households 1,315 1,330 1,400 1,450 Employment 409 530 1,500 54f;! 560 590 Housing Policy The Council adopted the Housing Policy Plan on December 10, 2014, and amended the plan on July 8, 2015. The purpose of the plan is to provide leadership and guidance on regional housing needs and challenges and to support Thrive MSP 2040. The Housing Policy Plan provides an integrated policy framework to address housing challenges greater than any one city or county can tackle alone. Consistent with state statute (Minn. Stat. 473.859, subd. 2(c) and subd. 4), communities must include a housing element and implementation program in their local comprehensive plans that address existing and projected housing needs. The Council has also determined the regional need for low and moderate income housing for the decade of 2021-2030 (see Part III and Appendix B in the Housing Policy Plan). Centerville's share of the region's need for low and moderate income housing is 14 new units affordable to households earning 80% of area median income (AMI) or below. Of these new units, the need is for 9 affordable to households earning at or below 30% of AMI, 4 affordable to households earning 31% to 50% of AMI, and 1 affordable to households earning 51% to 80% of AMI. Affordable Housing Need Allocation for Centerville At or below 30% AMI 9 31 to 50%AMI 4 51 to 80% AMI 71 Total Units 14 Specific requirements for the housing element and housing implementation programs of local comprehensive plans can be found in the Local Planning Handbook. Page-4 1 2015 SYSTEM STATEMENT-CENTERVILLE INTRODUCTION P260 Figure 1.Centerville Community Designation *�1a t Centerville two wes - ,. ! e. YYhitea ar Labe Extent of Mahn Map Community Designations 9 Outside Council planning authority Emerging Suburban Edge Agricultural Suburban Edge ENNEpI s Rural Residential Suburban HINOTON Diversified Rural . Urban i Rural Center Urban Center County Boundaries City and Township Boundaries Lakes and Major Rivers Page-5 2015 SYSTEM STATEMENT—CENTERVILLE INTRODUCTION P261 TRANSPORTATION SYSTEM STATEMENT City of Centerville The 2040 Transportation Policy Plan (TPP) is the metropolitan system plan for highways, transit, and aviation to which local comprehensive plans must conform. This system statement summarizes significant changes to these three systems, as well as other changes made to the Transportation Policy Plan since the last 2030 TPP was adopted in 2010, and highlights those elements of the system plan that apply specifically to your community. The TPP incorporates the policy direction and the new 2040 socio economic forecasts adopted by the Metropolitan Council in the Thrive MSP 2040, and extends the planning horizon from 2030 to 2040. Federal Requirements The TPP must respond to requirements outlined in state statute, as well as federal law, such as some new requirements included in the federal law known as the Moving Ahead for Progress in the 21St Century Act (MAP-21). For instance, metropolitan transportation plans must now be performance based, so the TPP now includes goals, objectives, and strategies outlined in chapter 2. In previous versions of the TPP the strategies were known as policies; while some are new, the wording of many strategies are similar to the wording of policies in previous plans. Performance measurements for this plan are also discussed in Chapter 12, Federal Requirements. Federal law requires the long range plan to identify regionally significant transportation investments expected to be made over the next two decades, and to demonstrate that these planned investments can be afforded under the plan's financial assumptions. Both costs and available revenues have changed since the last plan was adopted in 2010, resulting in many changes in the plan. Federal law does allow the plan to provide a vision for how an increased level of transportation revenue might be spent if more resources become available, but the programs or projects identified in this scenario are not considered part of the approved plan. The TPP includes two funding scenarios for the metropolitan highway and transit systems: the "Current Revenue Scenario" and the "Increased Revenue Scenario." • The Current Revenue Scenario represents the fiscally constrained regional transportation plan, which assumes revenues that the region can reasonably expect to be available based on past experience and current laws and allocation formulas. • The Increased Revenue Scenario represents an illustration of what be achieved with a reasonable increase in revenues for transportation. Under the Metropolitan Land Planning Act, local comprehensive plans are expected to conform to the Current Revenue Scenario, which is the official metropolitan system plan. Potential improvements in the Increased Revenue Scenario can be identified separately in local plans as unfunded proposals. A more detailed description of how to handle the various improvements in this category is included under Other Plan Considerations. In addition to reviewing this system statement, your community should consult the entire 2040 Transportation Policy Plan to ensure that your community's local comprehensive plan and plan amendments conform to the metropolitan transportation system plan. Chapter 3, Land Use and Local Planning, has been expanded and all communities should carefully review this chapter. A PDF file of Page-6 i 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P262 the entire 2040 Transportation Policy Plan can be found at the Metropolitan Council's website: http//www metrocouncil org Transportation/Planning-2/Key-Transportation-Planninq- Documents/Transportation-Policy-Plan-(1)/The-Adopted-2040-TPP-(1).aspx. The format of the plan is slightly different than past Transportation Policy Plans. An introductory Overview, Chapter 1: Existing System and Chapter 10: Equity and Environmental Justice have been added to this version of the TPP, in addition to the changes noted in the first paragraph. Please note some modifications have been made to the appendices as well. Key Changes in the 2040 Transportation Policy Plan Adopted by the Metropolitan Council in January 2015, the revised 2040 Transportation Policy Plan incorporates the following changes: Metropolitan Highway System - Chapter 5 The Metropolitan Highway System is made up of principal arterials, shown in Fig 1-1 of the TPP and also attached to this system statement. Although no new highways have been added to this system in the 2040 TPP, the last incomplete segment of this system, TH 610, is now under construction in Maple Grove. • The TPP acknowledges that congestion cannot be eliminated or greatly reduced. The region's mobility efforts will need to focus on managing congestion and working to provide alternatives. The majority of resources available between now and 2040 will be needed for preservation, management and operation of the existing highway system. • Due to increased costs and decreased revenue expectations, many long-planned major projects to add general purpose highway lanes are not in this fiscally constrained plan. While the preservation, safety, and mobility needs of these corridors are recognized, investments in these corridors will be focused on implementing traffic management strategies, lower cost-high benefit spot mobility improvements, and implementing MnPASS lanes. Some specific projects have been identified in this plan, but funding has primarily been allocated into various investment categories rather than specific projects. The highway projects specifically identified in the Current Revenue Scenario are shown in Figure 5-8 of the TPP which is also attached to this system statement. • Modifications were made to Appendix D- Functional Classification Criteria, and Appendix F— Highway Interchange Requests. Appendix C— Project List is new and contains all of the transit and highway projects that have been identified between 2014 and 2023. Transit System - Chapter 6 The transit system plan provides an overview of the basic components of transit planning, including demographic factors, transit route and network design factors and urban design factors that support transit usage. Local governments have the primary responsibility for planning transit-supportive land use, through their comprehensive planning, and subdivision and zoning ordinances. • The TPP includes updated Transit Market Areas (shown in TPP Figure 6-3, also attached) which reflect 2010 Census information and an updated methodology that better aligns types and levels of transit service to expected demand. These market areas identify the types of transit services that are provided within each area. • The TPP includes limited capital funding for transit expansion and modernization. Opportunities primarily exist through competitive grant programs such as the regional solicitation for US DOT Page-7 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P263 funding. These opportunities are guided by the strategies in the TPP and the various elements of the Transit Investment Plan. • The TPP includes an updated transitway system plan that more clearly articulates which projects can be funded within reasonable revenue expectations through year 2040 (Current Revenue Scenario as shown in TPP Figure 6-8, which is also attached). The plan includes five new or expanded METRO lines, three new arterial bus rapid transit lines, and three corridors under study for mode and alignment but identified in the Counties Transit Improvement Board's (CTIB) Phase I Program of Projects. This system was developed in collaboration with CTIB, a major partner in regional transitway expansion. • The TPP does not include operating funding for transit service expansion beyond the existing network of regular route bus, general public dial-a-ride, and Metro Vanpool. • The Increased Revenue Scenario (shown TPP Figure 6-9, which is also attached) illustrates the level of expansion for the bus and support system and transitway system that might be reasonable if additional revenues were made available to accelerate construction of the transitway vision for the region. • The plan includes updated requirements and considerations for land use planning around the region's transit system. This includes new residential density standards for areas near major regional transit investments and an increased emphasis on proactive land use planning in coordination with the planning of the transit system. Aviation System - Chapter 9 The Metropolitan Aviation System is comprised of nine airports (shown ' n Figure 1-9 of the TPP and also attached to this system statement) and off-airport navigational aids. There are no new airports or navigational aids that have been added to the system in the 2040 TPP. • The TPP discusses the regional airport classification system as well as providing an overview of roles and responsibilities in aviation for our regional and national partners. The investment plan in includes an overview of funding sources for projects, and an overview of projects proposed for the local airports that will maintain and enhance the regional airport system. • Modifications were made to Appendix I— Regional Airspace, A Commission Capital Investment Review Process A Appendix J— Metropolitan Airports Plans and A Appendix K—Airport Long Term Comprehensive Appendix L—Aviation Land Use Compatibility. Other Plan Changes Regional Bicycle Transportation Network - Chapter 7 The 2040 TPP encourages the use of bicycles as a mode of transportation. To that end, the TPP establishes for the first time a Regional Bicycle Transportation Network (RBTN). The goal of the RBTN is to establish an integrated seamless network of on-street bikeways and off-road trails that complement each other to most effectively improve conditions for bicycle transportation at the regional level. Cities, counties, and parks agencies are encouraged to plan for and implement future bikeways within and along these designated corridors and alignments to support the RBTN vision. Page-8 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 64 Freight - Chapter 8 Most aspects of freight movement are controlled by the private sector, so unlike other sections of the TPP, there is not a specific plan adopted for future public sector investment in freight facilities. However, the discussion of the need for a safe and efficient multimodal freight system has been updated and expanded in the TPP to recognize challenges and opportunities for freight movement as well as the future direction of freight by mode. It acknowledges the closure of the Minneapolis Upper Harbor in 2015, leaving St Paul and Shakopee as the region's major barge terminal areas in the future. The plan also acknowledges the increase of trains since 2010 carrying oil from North Dakota on BNSF and CP rail tracks, which is expected to continue into the future. Although railroad trackage in the region was significantly decreased over the last 20 years to "right size" the system after federal deregulation, communities should not expect much additional rail abandonment. Many tracks that appear to be seldom used are owned by the smaller Class III railroads that serve local businesses by providing direct rail connections from manufacturing and warehousing/distribution facilities to the major national railroads. The major Class I railroads are approaching capacity and actually adding tracks in some locations. System Plan Considerations Affecting Your Community Centerville should consult the complete 2040 Transportation Policy Plan in preparing its local comprehensive plan. In addition, Centerville should consult Thrive MSP 2040 and the current version of the Metropolitan Council's Local Planning Handbook for specific information needed in its comprehensive plan. Specific system plan considerations affecting Centerville are detailed below. Metropolitan Highways There are no principal arterials located within Centerville. Transit System Centerville includes the following Transit Market Areas- Transit Market Market Area Description Area Market Area IV Transit Market Area IV has lower concentrations of population and employment and a higher rate of auto ownership. It is primarily composed of Suburban Edge and Emerging Suburban Edge communities. This market can support peak-period express bus services if a sufficient concentration of commuters likely to use transit service is located along a corridor. The low-density development and suburban form of development presents challenges to fixed-route transit. General public dial-a-ride services are appropriate in Market Area IV. Centerville should identify and map existing transit services and facilities in the local comprehensive plan. Centerville should also work with transit providers serving their community to identify potential future transit service options and facilities that are consistent with the TPP and the applicable Transit Market Areas. Communities can find further maps and guidance for transit planning in the Transportation section of the Local Planning Handbook. Transitways Current Revenue Scenario Transitways The TPP's Transit Investment Plan does not show any transitway investments planned for Centerville in the Current Revenue Scenario (TPP Figure 6-8). Page-9 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 65 Increased Revenue Scenario Transitways The TPP Increased Revenue Scenario shows additional transitway corridors beyond the scope of the plan's adopted and fiscally constrained Transit Investment Plan (the Current Revenue Scenario). These corridors are listed on page 6.63 of the TPP, and TPP Figure 6-9, which is attached, shows the complete transitway vision for the region. If Centerville believes it might be directly impacted by transitways in the Increased Revenue Scenario (for example, because they are participating in transitway corridor studies or feasibility analyses), the transitways may be acknowledged in the Comprehensive Plan. These additional corridors are or will be under study for mode and alignment recommendations, but they are not included in fiscally constrained plan. However, they should be clearly identified as not funded within the currently expected resources for transitways. The Council recognizes the important planning work that goes into a corridor prior to it becoming part of the region's Transit Investment Plan, especially if increased revenues were to become available. Similar to Current Revenue Scenario Transitways, communities should identify known potential stations along planned transitways and consider guiding land use policies, station area plans, and associated zoning, infrastructure, and implementation tools that support future growth around transit stations. These policies can also influence station siting in initial planning phases of transitway corridors and influence the competitiveness of a transitway for funding. Communities can find further guidance for station area planning in the Transportation section of the Local Planning Oriented Development Guide. Handbook and the Transit Aviation All communities must include an aviation element in the transportation sections of their comprehensive plans. The degree of aviation planning and development considerations that need to be included in the comprehensive plan varies by community. Even those communities not impacted directly by an airport have a responsibility to include airspace protection in their comprehensive plan. The protection element should include potential hazards to air navigation including electronic interference. Centerville is not in an influence area of a regional airport. Airspace protection should be included in local codes/ordinances to control height of structures. Other Plan Considerations Regional Bicycle Transportation Network TPP Figure 7-1 shows the RBTN as established for the first time in the 2040 TPP. The network consists of a series of prioritized Tier 1 and Tier 2 corridors and dedicated alignments (routes). The process used to develop the RBTN, as well as the general principles and analysis factors used in its development, can be found in the Bicycle and Pedestrian Chapter of the TPP. The RBTN corridors and alignments make up the "trunk arterials" of the overall system of bikeways that connect to regional employment and activity centers. These are not intended to be the only bicycle facilities in the region, and local units should also consider planning for any additional bike facilities desired by their communities. RBTN corridors are shown where more specific alignments within those corridors have not yet been designated, so local governments are encouraged to use their comprehensive planning process to identify suitable alignments within the RBTN corridors for future incorporation into the TPP. In addition, agencies should plan their local on and off-road bikeway networks to connect to the designated Tier 1 and Tier 2 alignments, as well as any new network alignments within RBTN corridors Page-10 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 66 to be proposed in local comprehensive plans. Bikeway projects that complete segments of, or connect to, the RBTN are given priority for federal transportation funds through the Transportation Advisory Board's biannual regional solicitation. Figure 7-1 shows that your community currently has one or more RBTN corridors and alignments within its jurisdiction. The Council encourages local governments to incorporate the RBTN map within their local bicycle plan maps to show how the local and regional systems are planned to work together. An on-line interactive RBTN map, which allows communities to view the RBTN links in their community at a much more detailed scale than Figure 7-1, can be found in the Transportation section of the Local Planning Handbook. The handbook also includes best practices, references, and guidance for all local bicycle planning. A Minor System /Functional Classification The TPP has always recognized the A minor arterial system as an important supplement to the regional highway system, and the Transportation Advisory Board (TAB) continues to maintain the official regional map of these roads. The 2040 TPP does include an updated functional classification map (Fig. 1-2 in Chapter 1) and a modified Appendix D- Functional Classification Criteria. Communities should consult the Local Plan Handbook for more information on functional classification, how to reflect the A minor arterial system in their plan, and how to request functional classification changes if necessary. Freight The Council encourages all local governments to plan for freight movement in their communities. Trucks are the major mode of freight movement in the region and across the nation to distribute consumer goods as well as move manufactured goods and commodities, and they operate in every community. Communities with special freight facilities shown on TPP Figure 8-1, Metropolitan Freight System, (attached) should also include those additional modes and facilities in their local plan, and plan for compatible adjacent land uses. Page-11 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 67 Figure 1-1 of the TPP Principal Arterials O"Nfto Principal Arterial-Existing Principal Arterial-Under Construction V lift 71�7,77 Reference Items Ix Lakes and Rivers !"-J City Boundary County Boundary Er MUSA 2040 MPO Area A 5 10 20 WesNov 2014 2040 TRANSPORTATION POLICY PLAN METROPOUTAN COUNCIL Figure 1-1 METROPOLITAN C 0 U N C I L Page- 12 1 2015 SYSTEM STATEMENT-CENTERVILLE TRANSPORTATION P2 68 Figure 1-2 of the TPP Functional Class Roads IN Reference Items Lakes and Rivers City Boundary County Boundary Principal Artedal Roads MUSA 2D40 MPOArea t. 0 5 10 20 Miles Nov 2014 Existing Planned Thrive Planning Areas 0*%.# Principal Arterial ON Principal Arterial Urban Core&Urban&Suburban A-MinorAugmentor A-minorAugmentor Suburban Edge& Emerging Suburban Edge #"N ,J A-minor RelieverA-Minor Reliever Rural Service Areas A-minor Expander A-Minor Expander MPO Area outside the Seven County Area A-minor connector ...........A-minor connector Other Minor Arterial Other Minor Arterial Page-13 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 69 Figure 5-8 of the TPP Identified Projects*in Highway Current Revenue Scenario Sherburne Reference Items ° I- 's—, 'si PrinciPal Arterial Highways -�.Other Tr Anflka_ urdc Highways !:_.j ChySwridery Wright CO ' COuM Boundary 2040 Urban Service AreaMPO Area 'Not intended to represent all Projects until 2040. Indudesonlythose projects = `;y Hennepi Ramsey 1 identified by May 2014. x "* Subject to change and - amendment. xa ;` JOz r 3 a,' = SCUtt' - --ter`- .; M f Dakota 05 i 10 20 Mites L 1 r r I Nov 2014 0 2015-2018 TIP Bridges ��Strategic Capacity ^0 2019-2024 Pavement Projects 0 2019-2024 Bridges Roadside Infrastructure *0Na0 2015-2018 Pavement/MnPass ONI Roadside Infrastructure I Safety *"**s/2015-2018 Pavement I Safety 2015-2018 TIP Pavement Tier 1 MnPASS Expansion Page-14 1 2015 SYSTEM STATEMENT-CENTERVILLE TRANSPORTATION P2 70 Figure 6-3 of the TPP Transit Market Areas Sherburne � �Anoka i Wright i - I Henn B-� M o r _:E 0 ca Carver r r rl Scott Dakota I 0 5 10 20 Miles I Nov 2014 iMarket Area I Emerging Market Area III aMarket Area 11 Market Area IV iEmerging Market Area II Market Area V Market Area III • Freestanding Town Center Page-15 1 2015 SYSTEM STATEMENT-CENTERVILLE TRANSPORTATION P2 71 Figure 6-8 of the TPP Current Revenue Scenario Transitways and CTIB Phase I Program of Projects Sherburne _i Wright— Reference Items i A= ' �.. �i Principal Arterial Highways �i other Trunk Highways 1 1��s'__ - - - -`, R.: •' '" Lakes and Rivers _• - i City Boundary CourdyBoundary 'g: t Benne Pin Ramsey `.2D40 Urban service Area MPO Area Ji - t#- Carver - R ,► C1 co Dakota 0 5 10 - - —• — T!` t , r 20 Miles NOV 2014 3 I j Northstar Line #W*.I Red Line !%o Arterial BRT #'%0 Blue Line *"%a*Orange Line 0%10 CTIB Phase I Program of Projects under study mode and alignment not yet specified ONO Green Line Gold Line * Regional Multimodal Hub Page-16 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 72 Figure 6-9 of the TPP Increased Revenue Scenario Transitways Building an Accelerated Transitway Vision V , Sherburne:-;-:z 'V Wright Reference Items Principal Arterial Highways Other Trunk Highways f* Lakes and RW.. 7 citysouridary County Boundary T7 W_ Areaj . 41' +. 2g404Jftn Servkce MPO Area 5- Jim Z" Cg -4 V 4' Dikota, 0 5 10 20 Mies Nov 2014 4%61 Northstar Line owt...Accelerated Arterial BRT On%160 Blue Line 0*41111.0 Green Line Accelerated Transitways Increased Revenue Scenario would understudy mode and alignment also Include at least 1%average Red Line not yet specified annual bus expansion, Orange Line Regional Multimodal Hub Gold Line Page-17 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P273 Figure 7-1 of the TPP Regional Bicycle Transportation Network Vision Sherburne Wright _ --{ _�'" _; = zaJ Reference items !.,`_• i': ` RTtl(JBI Arterial rtOeds Wars and Rivers CRY C�nb9uanrydary 4 Herne;i Ramse da ZWO Urban SWAM Araa - WOArea ;a Scott: ,}�, - . ;'•��- `_ - Dakota 0 10 5 — 5 14 20 Miles i ' (-}_ Nov 2014 RBTN Alignments Regional Destinations ��Tier 1 Alignments Other Trail Systems Metropolitan Job Centers r. Regional Trails ♦%fto Tier 2 Alignments O Regional Job Centers (Regional Parks Policy Pian) • Subregional Job CentersMississippi River Trail RBTN Corridors(Alignments Undefined) �i (US Route 45) Tier 1 Priority Regional Bicycle Large High Schools '`�� State Trails(DNR) Transportation Corridor • Colleges&Universities Tier Regional Bicycle • Highly Visited Regional Parks Transportation Corridors • Major Sport&Entertainment Centers Page- 18 1 2015 SYSTEM STATEMENT-CENTERVILLE TRANSPORTATION P2 74 Figure 8-1 of the TPP Metropolitan Freight System Sherburne ,;. :• , Wright - . _ `4r�_,� q �a �';:; a •' `;.,.. `;� Reference Items 1 s' '' •" y ter'-``- ' Lakes and Rivers i a CIH Boundary �.w. •" `'' - *w_:• ..�- : .- '' County Bounds „�:-•- = ams • "� - z�:2040 Urban Service Area MPO Area 4 ' t":c Ty _ i� _R4• AL .fin �• - _ �,7- - - its.. .�t$'B ,�•' t, -.� ( ',+- . is: 'I ..as '- .�, ,�� _ •-�'s:2's �"•~'r�'.' ;!`' ter.;- �; .•i' mac.. ,P r `�_ �.i.,cm -1-2014 Y•x � Carver.' -'*�'� '�. �_•' '.�'' "� � ,'"�° - •.^r'i- SC6tf'' fl t I Dakota: • � ~ _ - •�� rte'`-., -,.t�Y,�.r,:.-�.-: --;`.._ 0 5 10 20 Miles 1 1 1 I i 1 1 1 q ��=•',r�F w "',g..,Biw,v „ . ;"� -�� 'L Principal Arterial Highways +1 1 Railroads(Functional and Abandoned) Freight Terminals - ■ Air/Truck °■` - °; ■ Barge/Truck -. •_ .. , a•a ■ Rail/Truck Sl` s i>,s�f; t `• Page-19 i 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P275 Figure 9-1 of the TPP Airport Service Areas — _ ISA TI CH(SAGO I SHERBURN •-°-, �{ PO K ttjMl • H NEP' , � • QST C O, vE .I" t s v FIM S -Y, - 4 CXRV SCbTT f 1Ds IKOT S 1LEY- ' �+,L, ��: `�'��_ .�` �_,-• --.� z a - 0 HUE LE SUEUIR ICE I-" t f•S' 1r 0 5 10 ` 0 Public Owned Public use Airport I #Airport Compatibllfty Area a Privately owned Minnealwla Cass g 1 ; J{3 NM's-Ablsa,Zoning; Public Use Airport O Alrapace Boundary lnNestn�cture) SFS Sutf Slda ` _ (6NMs-Landl6ls, (R =ria eBase f Surface Seaplane Wind Towers) WNW 7 ai Area MSP Minneapolis-SL Paul WPL wWkta Seeplane Base Mr mb,) IMematlornlAkport WC CrystalAirpot (ilAaa.R4W) `; VOR Protection Zone MoldChamber/ein FiekQ SGS South St.Paul Airport € Tap TowerAreas STP St Paul Downtown Airport (F�amsr r"" (Wdaren Field) ELM Lake EknoArrport Aviation Facility ANE Anoka Cou Located In Community nb-r* LVN AldakeAHport Nertes Field) 6�- Community Direcuy FCM Flying Cloud Avport FOR Forest Lake Airport G. Affected by Facility(s) General Airspace NOtification/Protectlon Page-20 1 2015 SYSTEM STATEMENT—CENTERVILLE TRANSPORTATION P2 76 WATER RESOURCE REQUIREMENTS/ WASTEWATER SYSTEM STATEMENT City of Centerville The 2040 Water Resources Policy Plan includes policies and strategies to achieve the following goal: To protect, conserve, and utilize the region's groundwater and surface water in ways that protect public health, support economical growth and development, maintain habitat and ecosystem health, and provide for recreational opportunities, which are essential to our region's quality of life. The Policy Plan takes an integrated approach to water supply, water quality, and wastewater issues. This approach moves beyond managing wastewater and stormwater only to meet regulatory requirements by viewing wastewater and stormwater as resources, with the goal of protecting the quantity and quality of water our region needs now and for future generations. The Policy Plan includes policies and strategies to: • Maximize regional benefits from regional investments in the areas of wastewater, water supply and surface water. Pursue reuse at wastewater and stormwater to offset demands on groundwater supplies. • ort, and technical support in working with partners Promote greater collaboration, financial supp to address wastewater, water quality, water quantity and water supply issues. • Implement environmental stewardship in operating the regional wastewater system by reusing wastewater, reducing energy use and air pollutant emissions, and reducing, reusing, and recycling solid waste. Key Concepts in the 2040 Water Resources Policy Plan Adopted by the Metropolitan Council in May 2015, the 2040 Water Resources Policy Plan is the metropolitan system plan for metropolitan wastewater services with which local comprehensive plans must conform. The Policy Plan incorporates the following changes: • Centers on and around an integrated approach to water supply, wastewater, and surface water planning. • Promotes the investigation of the issues and challenges in furthering our work in water conservation, wastewater and stormwater reuse, and low impact development practices in order to promote a more sustainable region. • Promotes the concept of sustainable water resources where, through collaboration and cooperation, the region will take steps to manage its water resources in a sustainable way aimed at: o Providing an adequate water supply for the region o Promoting and implementing best management practices that protect the quality and quantity of our resources o Providing efficient and cost effective wastewater services to the region o Efficiently addressing nonpoint and point sources pollution issues and solutions, and, o Assessing and monitoring lakes, rivers, and streams so that we can adequately manage, protect, and restore our valued resources. • Continues the Council's position that communities that permit the construction and operation of subsurface sewage treatment systems and other private wastewater treatment systems are Page-21 12015 SYSTEM STATEMENT—CENTERVILLE WATER RESOURCES P2 77 responsible for ensuring that these systems are installed, maintained, managed and regulated consistent with Minnesota Rules Chapter 7080-7083. • Includes requirements in Appendix C for comprehensive sewer plans, local water plans, and local water supply plans. • Establishes Inflow and infiltration goals for all communities served by the regional wastewater system and requires all communities to include their inflow and infiltration mitigation programs in their comprehensive sewer plan. • Works with the State to attempt to (1) make funds available for inflow and infiltration mitigation, and (2) promote statutes, rules, and regulations to encourage 1/1 mitigation. Centerville should consult the complete Policy Plan in preparing its local comprehensive plan. in addition, Centerville should consult Thrive MSP 2040 and the Local Planning Handbook for specific information needed in its comprehensive plan. System Plan Considerations Affecting Your Community Metropolitan Sewer Service Under state law (Minn. Stat. 473.513) local governments are required to submit both a wastewaterlan element to their comprehensive plan as well as a comprehensive sewer plan describing service needs from the Council. Specific requirements for the sewer element of your comprehensive plan can be found in the Water Resources section of the Local Planning Handbook. Forecasts The forecasts of population, households, employment, and wastewater flows for Centerville as contained in the adopted 2040 Water Resources Policy Plan can be found at: htt .//www metrocouncil.or /Wastewater-W-11ater/PPoliclannin /2040-Water-Resources- -Plan.as x and on your Community Page in the Local Plannina Handbook. These forecasts are for sewered development. The sewered housing forecasts were estimated using SAC data, annual city reports current trends, existing and future local wastewater service areas and other information relating to your community. The wastewater flows are based on historical wastewater flow data, future projected wastewater generation rates, and the projected sewered population and employment data. The Council will use these growth and wastewater flow forecasts to plan future interceptor and treatment works improvements needed to serve your community. The Council will not design future interceptor improvements or treatment facilities to handle peak hourly flows In excess of the allowable rate for your community. Centerville, through its comprehensive planning location and staging of development, and then plan and design its local wastewater colection system t serve this development. The Council will use its judgment as to where to assign growth within your o community to determine regional system capacity adequacy. If Centerville wishes to identify specific areas within the community to concentrate its growth, it shoul Plan. d do so within its Comprehensive Sewer You should also note that urban development at overall densities that are substantially lower than those identified for your community in the Community Designation Section of this Systems Statement will also be analyzed by the Council for their potential adverse effects on the cost of providing metropolitan sewer service. Description of the Metropolitan Disposal System Serving Your Community Figure 1 shows the location of the Metropolitan Disposal System (MDS) serving your communit . Wastewater flow from Centerville is treated at the Metropolitan WWTP. y Page-22 12015 SYSTEM STATEMENT-CENTERVILLE WATER RESOURCES P2 78 Description of the Regional Inflow/Infiltration (111) Program The 2040 Water Resources Policy Plan states that the Council will establish 1/1 goals for all communities discharging wastewater to the MDS. Communities that have excessive 1/1 in their sanitary sewer systems will be required to eliminate excessive 1/I. The Council will continue the implementation of its on-going 1/1 reduction program. Communities identified through the program as needing to eliminate excessive 1/1 will be required to submit a work plan that details work activities to identify and eliminate sources of 1/1. The Council can limit increases in service within those communities having excess 1/1 that do not demonstrate progress in reducing their excess 1/I. The Council will meet with the community and discuss this alternative before it is implemented. It is required that those communities that have been identified as contributors of excessive 1/I, and that have not already addressed private property sources, do so as part of their 1/1 program. Significant work has been accomplished on the public infrastructure portion of the wastewater system. The Council will pursue making funds available through the State for 1/1 mitigation, and promote statutes, rules and regulations to encourage 1/1 mitigation. Management of Subsurface Sewage Treatment Systems (SSTS) and Private Systems The Metropolitan Land Planning Act requires the sewer element of the local comprehensive plan to describe the standards and conditions under which the installation of subsurface sewage treatment systems and other private wastewater treatment systems will be permitted and to the extent practicable, the areas not suitable for public or private systems. The appropriate density for development with subsurface sewage treatment systems depends on the suitability of the soils to treat wastewater and whether space is available for a primary and back up drainfield. It is the Council's position that all municipalities and counties allowing subsurface sewage treatment systems should incorporate current MPCA regulations (Minn. Rules Chapter 7080-7083) as part of a program for managing subsurface sewage treatment systems in the sewer element of their local comprehensive plan and implement the standards in issuing permits. Centerville should adopt a management program consistent with state rules. An overview of Centerville's management program must be included in the community's local comprehensive plan update. If adequate information on the management program is not included; the comprehensive plan will be found incomplete for review until the required information is provided to the Council. Specific requirements for the local comprehensive plan can be found in the Local Planning Handbook. Small private treatment plants are located throughout the Metropolitan Area serving such developments as individual industries, mobile home parks, and other urban type uses. The Council's position is that such private wastewater treatment plants should be permitted only if they are in areas not programmed for metropolitan sewer service in the future and they are provided for in a community's comprehensive plan that the Council has approved. Furthermore, the community is responsible for permitting all community or cluster wastewater treatment systems consistent with Minnesota Rules Chapter 7080- 7083 and MPCA standards. The Council will not provide financial support to assist communities if these systems fail. Centerville should include in the sewer element of its local comprehensive plan the conditions under which private treatment plants or municipal treatments would be allowed, and include appropriate management techniques sufficiently detailed to ensure that the facilities conform to permit conditions. Centerville is responsible for ensuring that permit conditions for private treatment plants are met and financial resources to manage these facilities are available. Page-23 12015 SYSTEM STATEMENT—CENTERVILLE WATER RESOURCES P279 Surface Water Management In 1995, Minnesota Statutes Section 473.859, subd. 2 was amended to make the local water plan (often referred to as local surface water management plans) required by section 103B. 235 a part of the land use plan of the local comprehensive plan. Minnesota Rules Chapter 8410, updated in July of 2015, includes the requirements for local water management plans. The main change that you need to be aware of is that all communities in the metropolitan area must update their local water plan between January 1, 2017 and December 31, 2018. This means that Centerville must update its local water plan as part of the comprehensive plan update. The community's updated local water plan should be submitted to the Council for its review concurrent with the review by the Watershed Management Organization(s) within whose watershed(s) the community is located. Failure to have an updated local water plan will result in the comprehensive plan being found incomplete for review until the required plan is provided to the Council. Local water plans must meet the requirements for local water plans in Minnesota Statutes, section 10313.235 and Minnesota Rules Chapter 8410. In general, local surface water plans need to include a summary of the priorities and problems in the community; structural, nonstructural and programmatic actions to take to address the priorities and problems; and clearly identified funding mechanisms to fix the problems. More detailed guidance for the local water plans can be found in Appendix C of the Council's 2040 Water Resources Policy Plan and in the Council's current Local Planning Handbook. In addition, the Council has also updated its priority lake list that was first developed in the 1980s as part of the Water Resources Policy Plan update. Figure 2 shows the priority lakes for Centerville. The Council uses the priority lake list to focus its limited resources. The list is also used in the environmental review process. Where a proposed development may impact a priority lake, the project proposer must complete a nutrient budget analysis for the lake as part of the environmental review process. Also included on Figure 2 is the watershed organization(s) that Centerville is part of and a list of impaired waters in the community for use in development of your local water plans. Other Plan Considerations Water Supply Local comprehensive plans also address water supply (Minn. Stat., Sec. 473.859). For communities in the metropolitan area with municipal water supply systems, this local comprehensive plan requirement is met by completing the local water supply plan template, which was jointly developed by the Metropolitan Council and the Minnesota Department of Natural Resource (DNR). FOR COMMUNITIES WHO OWN/OPERATE A PUBLIC WATER SUPPLY SYSTEM: Because your community owns/operates a municipal community public water supply system (PWS), the local water supply plan must be updated as part of the local comprehensive plan (Minn. Stat., Sec. 103G.291). The updated local water supply plan should include information about your community along with information about any neighboring communities served by your system. You should update your local water supply plan upon notification by DNR. Local water supply Ian due dates will be staggered between January 1, 2017 and December 31, 2018. Your updated local water supply plan should be submitted to the DNR. DNR will share the plan with the Council, and it will be Page-24 12015 SYSTEM STATEMENT—CENTERVILLE WATER RESOURCES P2 80 reviewed concurrently by both agencies. This schedule allows the local water supply plans to be completed and included in the local comprehensive plan. Failure to have an updated local water plan will result in the comprehensive plan being found incomplete for review until the required plan is provided to the Council. The water supply plan template fulfills multiple statutory obligations including: • Minn. Stat., Sec. 103G.291 to complete a water supply plan including demand reduction • Minn. Stat., Sec. 473.859 to address water supply in local comprehensive plans • Minn. Administrative Rules 4720.5280 to address contingency planning for water supply interruption The plan must be officially adopted by your community, and if applicable the utility board, as part of the local comprehensive plan. At a minimum, the updated local water supply plan must use the joint DNR and Metropolitan Council template and include water demand projections that are consistent with the community's population forecast provided in the introductory section of this system statement. Potential water supply issues should be acknowledged, monitoring and conservation programs should be developed, and approaches to resolve any issues should be identified. Guidance and information for water supply planning can be found in the Appendix C of the 2040 Water Resources Policy Plan, the Local Planning Handbook, and the Council's Master Water Supply Plan. The Council's Master Water Supply Plan provides communities in the region with planning assistance for water supply in a way that: • Recognizes local control and responsibility for owning, maintaining and operating water systems • Is developed in cooperation and consultation with municipal water suppliers, regional stakeholders and state agencies • Protects critical habitat and water resources over the long term • Meets regional needs for a reliable, secure water supply • Highlights the benefits of integrated planning for stormwater, wastewater and water supply • Emphasizes and supports conservation and inter-jurisdictional cooperation • Provides clear guidance by identifying key challenges/issues/considerations in the region and available approaches without dictating solutions Figures 3-5 illustrate some water supply considerations that the community may consider as they develop their local water supply plans, such as: aquifer water levels, groundwater and surface water interactions, areas where aquifer tests or monitoring may be needed to reduce uncertainty, regulatory and management areas, and emergency interconnections. Page-25 12015 SYSTEM STATEMENT—CENTERVILLE WATER RESOURCES P2 81 Figure 1.MCES Sanitary Sewer Meter Service Areas City of Centerville, Anoka County -- 1 C,lllterV(�te _i W .L-tea a%e - t i H e 41 05 1 • 1/2/2015 1441" Interceptors by Type — Odfap Q tutelors Gravity — LOW Head Crossing — Forcemain Bypass ® Lift Stations Siphon ® MCES wastewater Treatment Plants 4Mmcwtar Mew$611k.Mns kr '- ����+�1att Areas Mot Serve.? Areas of Unmetered Flow into the Community County Boundaries City and Township Boundaries Park,Recrourseatlonal or Preserve � �n,�eAr�eas�rP � Golf Course Lakes and Rivers 2040 MUSA NCompass Sheet Centerfines Page-26 12015 SYSTEM STATEMENT–CENTERVILLE WATER RESOURCES P2 82 Figure 2.Surface Water Resources Centerville,Anoka County . e es #_ N p 0.5 lf�E PVP! +.raa fttershed Management Organization Boundaries y Impaired Lakes(2014 Draft MPCA 303(d)List) Watershed Management Organization Type ^%ow!Impaired Rivers&Streams(2014 Draft MPCA 303(d)List) County 's 2014 Priority Lakes a Watershed District Watershed Management Organization County Boundaries 0 City and Township soundaries Other Lakes and Major Rivers -n.—Other Streams NCompass Street Centedines Page-27 12015 SYSTEM STATEMENT-CENTERVILLE WATER RESOURCES P283 Figure 3.Surface water features and interaction with the regional groundwater system,and state-protected surface water features Centerville i 4C ;i 1t; AJ it A # ! !# - ' •� � of t _�_— 1__-'� �--___ —___ t OS Mitis 10 Lakes and Meta Rivers ., SPdng(E-NR) Surface water type(regional screening by No council) . calcareous Fen(DNR) Dtaconnected from the regional groundwater system Trout Stream(DNR) Reaharg.yrs Receives and discharges groundwater • Karst Feature(DNR) S upported by uMwegin9 9raad+nater Page-28 (2015 SYSTEM STATEMENT-CENTERVILLE WATER RESOURCES P284 Figure 4.Availability of MN Department of Natural Resources groundwater level and MN Department of Health aquifer test data Centerville i c � I -_ #-centervia�e nein ! -f � tl Lino Lakes L i f� 0 r Mies Lakes and Major Rivers •Observation well sharing no hand in annual minimum values(DNR) •Observation well showing an upward!rand in annual mk*num values(DNR) 0 Observation wall showing a downward hand in annual minimum values(DNR) 0 Observation well with Irwi iden!data to evaluate a trend in annual minimum values(DNR) • AquiterTest(MDH) Page-29 12015 SYSTEM STATEMENT-CENTERVILLE WATER RESOURCES P285 Figure 5.Municipal Public water supply system interconnections and regulatory management areas Centerville Lina Eskers + Miles Lakes and Mayor Rivers The community's most recent local water supply plan reports that the public water supply system has no interconnections The communitys most recent local water supply plan reports that the public water supply system has one or more interconnections Special Well and Bonng Construction Area(MDH) W,,-North and East Metro Groundwater Management Area(DNR) Moderate to Highly Vulnerable Drinking Water Supply Management Area(MDH) Drinking Water Supply Management Area for Minneapolls/st Poul Page-30 12015 SYSTEM STATEMENT—CENTERVILLE WATER RESOURCES P2 86 REGIONAL PARKS SYSTEM STATEMENT City of Centerville The Regional Parks System includes 62 regional parks, park reserves, and special recreation features, plus more than 340 miles of regional trails that showcase the unique landscapes of the region and provide year-round recreation. The Regional Parks System is well-loved by our region's residents and attracted over 48 million annual visits in 2014. The organizational structure of the Regional Parks System is unique, built upon a strong partnership between the Council and the ten regional park implementing agencies that own and operate Regional Parks System units. The regional park implementing agencies are: Anoka County Ramsey County City of Bloomington City of Saint Paul Carver County Scott County Dakota County Three Rivers Park District Minneapolis Park and Recreation Board Washington County The 2040 Regional Parks Policy Plan was developed based on furthering the Thrive MSP 2040 outcomes of Stewardship, Prosperity, Equity, Livability, and Sustainability. Thrive MSP 2040 states that the Council will collaborate with the Metropolitan Parks and Open Space Commission, the regional park agencies, and state partners to: • Expand the Regional Parks System to conserve, maintain, and connect natural resources identified as being of high quality or having regional importance, as identified in the 2040 Regional Parks Policy Plan. • Provide a comprehensive regional park and trail system that preserves high-quality natural resources, increases climate resiliency, fosters healthy outcomes, connects communities, and enhances quality of life in the region. • Promote expanded multimodal access to regional parks, regional trails, and the transit network, where appropriate. • Strengthen equitable usage of regional parks and trails by all our region's residents, such as across age, race, ethnicity, income, national origin, and ability. Key Concepts in the 2040 Regional Parks Policy Plan The 2040 Regional Parks Policy Plan includes the following policies, each with specific associated strategies: • Recreation Activities and Facilities Policy: Provide a regional system of recreation opportunities for all residents, while maintaining the integrity of the natural resource base within the Regional Parks System. Page-31 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P2 87 • Siting and Acquisition Policy: Identify lands with high-quality natural resources that are desirable for Regional Parks System activities and put these lands in a protected status so they will be available for recreational uses and conservation purposes in perpetuity. • Planning Policy: Promote master planning and hel across jurisdictions. P provide integrated resource planning • Finance Policy: Provide adequate and equitable funding for the Regional Parks System units and facilities in a manner that provides the greatest possible benefits to the people of the region. • System Protection Policy: Protect public investment in acquisition and development by assuring that every component in the system is able to fully carry out its designated role as long as a need for it can be demonstrated. The 2040 Regional Parks Policy Plan is the metropolitan system plan for regional recreation open space with which local comprehensive plans must conform. This system statement highlights the elements of the system plan which apply specifically to your community. Find the complete text of the 2040 Regional Parks Policy Plan on the Council's website. 2040 Regional Parks System Facilities The Regional Parks System is comprised of four main types of facilities: regional parks, park reserves, special recreation features and regional trails. Regional Parks Regional parks most notably contain a diversity of nature-based resources, either naturally occurring or human-built, and are typically 200-500 acres in size. Regional parks accommodate a variety of passive recreation activities. Park Reserves Park reserves, like regional parks, provide for a diversity of outdoor recreation activities. One major feature that distinguishes a park reserve from a regional park is its size. The minimum size for a park reserve is 1,000 acres. An additional characteristic of park reserves is that up to 20 percent of the park reserve can be developed for recreational use, with at least 80 percent of the park reserve to be managed as natural lands that protect the ecological functions of the native landscape. Special Recreation Features Special recreation features are defined as Regional Parks System opportunities not generally found in the regional parks, park reserves or trail corridors. Special recreation features oftenrequire a unique managing or programming effort. Regional Trails Regional trails are classified as 1) destination or greenway trails and 2) linking trails. Destination or greenway trails typically follow along routes with high-quality natural resources that make the trail itself a destination. Linking trails are predominately intended to provide connections between various Regional Parks System facilities, most notably regional parks or park reserves. Page-32 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P2 88 2040 Regional Parks System Components The 2040 Regional Parks Policy Plan identifies six components which together comprise the vision for the Regional Parks System in 2040, as described below. Existing Regional Parks System Facilities: include Regional Parks System Facilities that are open for public use. These facilities include land that is owned by regional park implementing agencies, and may include inholding parcels within the boundaries of these parks and trail corridors that have not yet been acquired. Existing regional trails may include planned segments that will be developed in the future. Planned Regional Parks System Facilities (not yet open to the public): include Regional Parks System Facilities that have a Council-approved master plan and may be in stages of acquisition and development, but are not yet open for public use. Regional Parks System Boundary Adjustments: include general areas identified as potential additions to existing Regional Parks System Facilities to add recreational opportunities or protect natural resources. Specific adjustments to park or trail corridor boundaries have not yet been planned. Regional Park Search Areas: include general areas for future regional parks to meet the recreational needs of the region by 2040 where the regional park boundary has not yet been planned. Regional Trail Search Corridors: include proposed regional trails to provide connections between Regional Parks System facilities where the trail alignment has not yet been planned. 2040 Regional Trail Search Corridor System Additions: include regional trail search corridors that were added to the Regional Parks System as part of the 2040 Regional Parks Policy Plan. Key Changes in the 2040 Regional Parks Policy Plan Adopted by the Metropolitan Council in February 2015, the 2040 Regional Parks Policy Plan incorporates the following changes: Identify all proposed regional trails as regional trail search corridors All proposed regional trails that are not yet open to the public and do not have a Metropolitan Council approved master plan are represented as a general regional trail search corridor. The 2030 Regional Parks Policy Plan depicted these trails with a proposed alignment. The alignment of these regional trails will be determined in the future through a planning process led by the regional park implementing agency. The alignment of these trails is subject to Metropolitan Council approval of a regional trail master plan. Acquire and develop ten new regional trails or trail extensions to meet the needs of the region in 2040. The 2040 Regional Trail Search Corridor Additions include: Carver County: • County Road 61 • Highway 41 Page-33 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P289 Three Rivers Park District: • CP Rail Extension • Dakota Rail Extension • Lake Independence Extension • Lake Sarah Extension • Minnetrista Extension • North-South 1 • North-South 2 • West Mississippi River The 2040 Regional Parks System Plan Map is depicted in Figure 1. Centerville should consult the complete 2040 Regional Parks Po/icy P/an in preparing its local comprehensive plan. In addition, Centerville should consult Thrive MSP 2040 and the current version of the Metropolitan Council's Local Planning Handbook for specific information needed in its comprehensive plan. System Plan Considerations Affecting Your Community Regional Parks System Components in your community The following Regional Parks System Components within Centerville as identified in the 2040 Regional Parks Policy Plan are listed below. Regional Parks, Park Reserves, and Special Recreation Features Rice Creek Chain of Lakes Park Reserve: This is an existing park reserve with an boundary. The park reserve boundary as shown in Figure 2 should be acknowledged in thelished comprehensive plan. Regional Trails Bunker Hills-Chain of Lakes Regional Trail: This is a regional trail that includes segments that are open to the public as well as planned segments that will be developed in the future. The regional trail travels through Blaine and Lino Lakes as it connects Bunker Hills Regional Park, Rice Creek North Regional Trail and Rice Creek Chain of Lakes Park Reserve. The regional trail alignment as shown in Figure 2 should be acknowledged in the comprehensive plan. Central Anoka Regional Trail: This is a regional trail that includes segments that are open to the public as well as planned segments that will be developed in the future. The regional trail travels through Ramsey, Andover, Ham Lake, Blaine, Lino Lakes, and Centerville as it connects Mississippi West Regional Park, Rum River Regional Trail, Bunker Hills Regional Park, East Anoka County Regional Trail and Rice Creek Chain of Lakes Park Reserve. The regional trail alignment as shown in Figure 2 should be acknowledged in the comprehensive plan. Chain of Lakes-Otter Lake Regional Trail Search Corridor: The regional trail search corridor travels through Centerville and Lino Lakes as it connects Rice Creek Chain of Lakes Park Reserve and Bald Eagle-Otter Lake Regional Park in White Bear Township. A master plan identifying the alignment of the Chain of Lakes-Otter Lake Regional Trail has been as proved Parks Policy Plan. The alignment of the regional trailshould ben cknowleldged on int eof theOlogcal egional comprehensive plan. Anoka County will lead a planning process in the future to determine the alignment of the regional trail. When preparing its comprehensive plan, Centerville should verify whether a master plan has been approved by the Metropolitan Council If a master plan has been Page-34 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P2 90 approved, the planned regional trail alignment should be acknowledged in the comprehensive plan. Otherwise, the general search corridor as shown in Figure 2 should be acknowledged in the comprehensive plan. Please contact Anoka County for more information regarding Regional Parks System Components in Centerville. Page-35 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P291 Figure 1.2040 Regional Parks System Plan Map Regional Parks System Twin Cities Metropolitan Area ., r-iIge T 'sa. - _ "t` 4i�:i r • -'J` •.ti' Ct'4'-'s = -_ •_tiz".�;:^l£�«''St z-i_«p. rt.. 34_D'�:. �f� - .5... '.J�'" �I •- y - J. .aSF . :moi"t ..-••' •.q.J -'v'.:`- :�a�#>ap•.a-i`s'i,h'r�` F�~ L'�� .i•i:i`%�'• !� �v:a :'Aa.�t 1°.,: �j;.ii:>r,.F., r _ _ r 0 25 5 70 16 20 h [ S MAIL Regional Parks Regional Park Search Areas and .r.Existing State Trails Regional Parks Regional Trail search Corridors i Park Reserves Lakes and Major Rivers Y Minnesota Vale to Special Recreation Features Boundary Adjustments Y National Wildly Refu y�/ Planned Units Search Areas State Parks Regional Trail Corridor Land State Wildiife ManagementAreas Regional Trails (PubfiGYAcceseible) —Existing Regional Trail Search Corridors Scientific and Natural Areas(SNA) — Planned :•-•, Regional Tads-204D S after Parks and Preserves ystem Additions Page-36 1 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P2 92 Figure 2.Regional Parks System Facilities in and adjacent to Centerville Regional Parks System City of Centerville, Anoka County I I 1 — Ts k � j t w 0 0.5 W+ s M&S Regional Parks Regional Park Search Areas and Existing State Trails i Regional Parks Regional Trail Search Corridors __ Street Centerlines(NCompass) i Parc Reserves Boundary Adjustments fa Lakes and Major Riven: Iff Special Recreation Features Mid Valley National VWdIUe Refuge Planned Units i Search Areas i State Parks Regional Trall Corridor Land State Vvldlife Management Areas Regional Trails Regional Trail Search Corridors (Pulfty Aecesable) w•Existing Scientific and Natural Areas(SNA) . Planned Regional Trails-2040 System Additions -.r- Other Parks and Preserves Page-37 ( 2015 SYSTEM STATEMENT—CENTERVILLE REGIONAL PARKS P2 93