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HomeMy WebLinkAbout_01 03 2022 City Council Agenda PacketCHECK REGISTER FOR CITY OF PRIOR LAKE 1/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 586.84 2021 Dental ClaimsDELTA DENTAL000272137921(E)111/30/2021 84.00 Remote Display Interconnect CableAPPLIED CONCEPTS INC000017547922(A)112/03/2021 90.96 BatteriesBATTERIES PLUS000021307923(A)112/03/2021 504.00 Cardinal Overlook AdditionBOLTON & MENK INC000026377924(A)112/03/2021 316.00 Towering Woods 316.00 Trillium Cove 4th Const Obsv DEV19-00000 1,136.00 228.78 521 BatteriesBOYER FORD TRUCKS INC000027107925(A)112/03/2021 820.10 Nov 2021 Misc SuppliesCARLSON HARDWARE COMPANY000031257926(A)112/03/2021 7,890.00 Dec 2021 CleaningCOVERALL000275717927(A)112/03/2021 458.00 521 Air valvesCRYSTEEL TRUCK EQUIPMENT000039557928(A)112/03/2021 3,324.59 2022 New squad supplies EMERGENCY AUTOMOTIVE TECH INC000054807929(A)112/03/2021 1,525.00 Manhold Protection RingsESS BROTHERS & SONS INC000057857930(A)112/03/2021 80.08 Karfa - Uniform PantsGALLS LLC000070757931(A)112/03/2021 79.99 Karfa - Uniform Shirt 149.97 Uniform Shirts 310.04 365.85 Nov 2021 LocatesGOPHER STATE ONE-CALL INC000075257932(A)112/03/2021 880.12 Nov 2021 UniformsHUEBSCH000275367933(A)112/03/2021 350.00 Upgrade Service MgmtHUMERATECH000271847934(A)112/03/2021 120.00 Safety Boots 2021KEVIN KLEIST000114977935(A)112/03/2021 528.65 RockKRAEMER MINING & MATERIALS INC000053657936(A)112/03/2021 1,500.00 Bulk Water Meter #70359565MCNAMARA CONTRACTING INC000132867937(A)112/03/2021 137,768.55 Dec 2021 Waste Water ServiceMETROPOLITAN COUNCIL000134007938(A)112/03/2021 125.00 Safety Boots 2021MITCHELL MAYER000280777939(A)112/03/2021 125.00 Safety Boots 2021NATHAN BRIESE000028177940(A)112/03/2021 50.65 762 Blow out pipeNOVAK COMPANIES000149007941(A)112/03/2021 434.35 Fork extensions 485.00 582.51 Oct 2021 Data & SoftwarePRECISE MOBILE RESOURCE MGMT000165487942(A)112/03/2021 321.46 Nov 2021 Misc SuppliesPRIOR LAKE HARDWARE000166587943(A)112/03/2021 1,047.00 Service LaborTOXALERT INC000206687944(A)112/03/2021 126.50 PartsVIKING ELECTRIC SUPPLY000226307945(A)112/03/2021 452.47 Fan 490.80 Parts 1,069.77 174.87 AsphaltWM MUELLER & SONS INC000236457946(A)112/03/2021 843.84 Asphalt 162.64 Asphalt 1,181.35 17.68 459 Windshield washer nozzle WOLF MOTOR CO INC000236757947(A)112/03/2021 220.00 8762 Detail for auction 237.68 348.00 Nov 2021 HSA Admin FeesALERUS000013757948(E)111/29/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 2/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 2,213.98 Nov 2021 Natural Gas BillsCENTERPOINT ENERGY000135707949(E)111/29/2021 6,000,000.00 Wire to League 4M FundLEAGUE 4M FUND000124337950(E)112/01/2021 32,765.89 Dec 2021 Electric BillsXCEL ENERGY000147207951(E)112/01/2021 2,400.00 Nov 2021 Animal Control4 PAWS ANIMAL CONTROL LLC000067987952(A)112/10/2021 307.53 BatteriesBATTERIES PLUS000021307953(A)112/10/2021 1,004.50 Villas at Crest WoodsBOLTON & MENK INC000026377954(A)112/10/2021 787.50 Villas at Crest Woods 35,443.75 2021 Downtown Reconstruction 378.00 Cardinal Overlook Addition 740.00 CR 21 Entry Monument 33,155.50 Parkwood Estates Development 11,340.50 Pike Lake Landing Const Observation 29,758.00 Springview Meadows 4,378.36 Towering Woods 79.00 Trillium Cove 4th Const Obsv DEV19-00000 117,065.11 3,000.00 Tree Removal - WTFCOLLINS TREE 000036707955(A)112/10/2021 6,710.50 Water Treatment ChemicalsHAWKINS INC000083127956(A)112/10/2021 28.05 Permanent MarkersINNOVATIVE OFFICE SOLUTIONS LLC000271497957(A)112/10/2021 40.65 Hart - Business Cards 68.70 62.00 Nov 2021 Random Drug TestingMN OCCUPATIONAL HEALTH000270997958(A)112/10/2021 2,958.31 504 Wheel motor repair MTI DISTRIBUTING INC000139517959(A)112/10/2021 123.00 Nov 2021 Repair PartsO'REILLY AUTO PARTS000150887960(A)112/10/2021 400.00 Nov 2021 ROWay AppPERRILL000065027961(A)112/10/2021 570.00 2021 Fiber Lateral Annual MtceSCOTT COUNTY000192127962(A)112/10/2021 450.00 E Coli TestingUC LABORATORY000212357963(A)112/10/2021 128.70 756 Window regulator WOLF MOTOR CO INC000236757964(A)112/10/2021 283.91 9200 Front brakes and rotors 412.61 11,442.50 TRN20-000001 Fish Pt Road Eng SvcsWSB & ASSOCIATES INC000237807965(A)112/10/2021 1,640.00 Timbercrest Tr Wetland Permitting 192.50 Markley Lake Monitoring 3,974.25 2022 Pond Maintenance Project 287.00 Kiehm 170th St Replacement Plan Review 3,487.25 Mushtown Road – 180th Street Watermain E 2,056.00 Project 2021-13, Timbercrest Trail 1,974.50 Public Works Facility Wetland Delineatio 366.50 Kiehm Storage 34.50 Springview Meadows 1,685.25 Lil Explorers Childcare Center 69.00 Mesenbrink Storage Condominiums 2 2,495.00 Revere Place 1,969.50 General Engineering Support 32.25 2021-2022 Municipal State Aid Street Sys 31,706.00 53.00 City Hall First Aid SuppliesZEE MEDICAL SERVICE000263507966(A)112/10/2021 60.90 Mtce Center First Aid Supplies 113.90 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 11.45 Nov 2021 Merchant FeesAUTHORIZE.NET000268217967(E)112/02/2021 366.00 Nov 2021 Merchant FeesPAYMENT SERVICE NETWORK INC000161417968(E)112/03/2021 789.76 2021 Dental ClaimsDELTA DENTAL000272137969(E)112/06/2021 294.73 Dec 2021 Vision PremiumsEYEMED000279177970(E)112/07/2021 1,529.15 2021 Dental ClaimsDELTA DENTAL000272137971(E)112/13/2021 88.94 Nov 2021 Merchant Card FeesTRANSFIRST000206937972(E)112/10/2021 158.28 Meeting ReimbursementsANDREW BROTZLER000276747973(A)112/17/2021 2,297.00 Spring & Cable ReplacementBARNUM GATE SERVICES INC000020977974(A)112/17/2021 125.00 Safety Boots 2021BRUCE FRIEDGES000269507975(A)112/17/2021 19,700.00 Utility Billing SoftwareBS&A SOFTWARE000268417976(A)112/17/2021 7,204.50 Nov 2021 General MattersCAMPBELL KNUTSON PA000280437977(A)112/17/2021 60.14 MileageCHRISTINE WATSON000279067978(A)112/17/2021 125.00 Safety Boots 2021CHRISTOPHER ZWEBER000269707979(A)112/17/2021 1,275.00 Carpet CleaningCOMMERCIAL STEAM TEAM000037257980(A)112/17/2021 1,860.00 Dec 2021 Office 365COMPUTER INTEGRATION TECH000037607981(A)112/17/2021 378.00 FlagDISPLAY SALES COMPANY000044937982(A)112/17/2021 41,158.74 Breezy Pt & Flint Lift Station RehabilitELECTRIC PUMP000231207983(A)112/17/2021 109.27 488 CouplerFORCE AMERICA000067737984(A)112/17/2021 67.78 Misc Office SuppliesINNOVATIVE OFFICE SOLUTIONS LLC000271497985(A)112/17/2021 816.90 #10 Envelopes 884.68 6,848.59 Beet Heet De-IcerK-TECH SPECIALTY COATINGS INC000275687986(A)112/17/2021 48.14 Freight ChargesPRECISE MOBILE RESOURCE MGMT000165487987(A)112/17/2021 2,511.04 TNT Cost AllocationSCOTT COUNTY000192127988(A)112/17/2021 348.99 9200 Front brakes and rotors WOLF MOTOR CO INC000236757989(A)112/17/2021 1,063.97 Dec 2021 Electric BillsSHAKOPEE PUBLIC UTILITIES000193887990(E)112/15/2021 257.36 Nov 2021 Fuel TaxMN DEPT OF REVENUE000136127991(E)112/17/2021 571.00 Nov 2021 Sales Tax 828.36 532,181.25 GO Bonds 2017ANORTHLAND TRUST SERVICES INC000147767992(E)112/10/2021 254,895.00 GO Bonds 2011A 337,472.50 GO Bonds 2013A 199,157.50 GO Bonds 2015A 323,370.00 Taxable GO Bonds 2015B 567,650.00 GO Bonds 2016A 954,750.00 GO Bonds 2018A 272,500.00 GO Bonds 2019A 472,693.75 GO Bonds 2021A 798,323.61 GO Refunding Bonds 2021B 4,712,993.61 70.00 Dec 2021 Technology Time ClassAMANDA FAY00027666109272112/03/2021 94.50 Nov 2021 Yoga InstructorASHLEY BTIZAN00028004109273112/03/2021 54.99 Bechik - Uniform PantsASPEN MILLS00001891109274112/03/2021 34.43 UB REFUND ACCT #2-00721-01BOB DITTMANREFUND-UB109275112/03/2021 140.00 Nov 2021 Tai Chi InstructorCHRISTINE T MORGAN00027316109276112/03/2021 250.00 Club Prior PerformerDANIEL COLE00028079109277112/03/2021 1,110.00 Galvanized PostsEARL F ANDERSEN INC00005175109278112/03/2021 1,080.00 Admin Temp w/e 11/21/2021EXPRESS SERVICES INC00005949109279112/03/2021 648.00 Admin Temp w/e 11/28/2021 1,728.00 180.00 Nov 2021 Yoga InstructorGWENDOLYN SCHMID00027984109280112/03/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 1,362.40 Install & RepairHAYES ELECTRIC INC00008315109281112/03/2021 2,500.00 20-0204 16235 West Avenue SEJEFF TUPYMISC-CD109282112/03/2021 1,550.00 Decembrrr Dazzle ReindeerKENDALLVILLE FARM00011232109283112/03/2021 136.00 Tire RecyclingLIBERTY TIRE RECYCLING LLC00012628109284112/03/2021 5,814.34 Fire hose replacementMACQUEEN EMERGENCY 00027901109285112/03/2021 12,250.00 Legislative RepresentationMESSERLI & KRAMER00027771109286112/03/2021 14,760.90 Nov 2021 SAC FeesMETROPOLITAN COUNCIL-SAC00013406109287112/03/2021 348.00 Hand SoapMINNCOR INDUSTRIES00013543109288112/03/2021 V32.00 Korbel 2022 Water OperatorMN DEPT OF HEALTH00013618109289112/03/2021 V32.00 Krenik 2022 Water Operator 64.00 390.00 Dell MonitorNOW MICRO INC00027966109290112/03/2021 1,146.00 Dell Latitude 390.00 Dell Monitor 1,926.00 719.99 Flexi Annual SubscriptionPREMIER GRAPHICS LLC00027803109291112/03/2021 120.79 TrenchmasterPRIOR LAKE RENTAL CENTER00016700109292112/03/2021 33.00 Propane 153.79 2,500.00 21-0151 5257 Hampton Street NEPULTE HOMES OF MINNESOTAMISC-CD109293112/03/2021 2,500.00 20-1914 5271 Hampton Street NE 2,500.00 21-0338 5245 Hampton Street NE 7,500.00 204.00 3 Adobe Acrobat LicensesSHI INTERNATIONAL CORP00027975109294112/03/2021 450.00 Ernste - Leadersip AssessmentSORENSON CONSULTING00027322109295112/03/2021 160.00 Dec 2021 Portable ToiletsSPECIALIZED SANITATION00019703109296112/03/2021 908.23 2021 Annexation Taxes - Shimek PropertySPRING LAKE TOWNSHIP00019693109297112/03/2021 36,769.00 Pike Lake Landing - Watermain OversizingTRADITION DEVELOPMENTREFUND-MSC109298112/03/2021 150,306.91 Honeywell EPC ContractUS BANK00002105109299112/03/2021 991.03 PartsUSA BLUEBOOK00021882109300112/03/2021 53.94 Slip HooksZACKS INCORPORATED00026100109301112/03/2021 2,187.91 Wilds Booster Station LaborAUTOMATIC SYSTEMS CO00001975109302112/10/2021 38.62 40714200 IrrigationCITY OF PRIOR LAKE00016810109303112/10/2021 900.00 2021 FS #1 Carpet CleaningCOMMERCIAL STEAM TEAM00003725109304112/10/2021 150.00 2021 WTF Carpet Cleaning 244.13 2021 FS #2 Carpet Cleaning 1,294.13 879.88 Nov 2021 UB Billing CSG SYSTEMS INC00027506109305112/10/2021 71.47 Dec 2021 Bottled WaterCULLIGAN BOTTLED WATER00003958109306112/10/2021 2,506.81 Dec 2021 RefuseDICK'S SANITATION INC00027918109307112/10/2021 10,503.56 Final - CR21 Entry MonumentsEGAN00005378109308112/10/2021 315.00 Nov 2021 Yoga InstructorELEANOR ALLEN00028060109309112/10/2021 1,168.08 Stock squad tiresGOODYEAR COMMERCIAL TIRE00007510109310112/10/2021 313.31 Power Repair - Breezy Pt Lift StationHAYES ELECTRIC INC00008315109311112/10/2021 1,656.47 Repairs; Lakefront Pavillion & DT 1,969.78 4,032.29 Holmatro Cutter CoreJEFFERSON FIRE & SAFETY INC00010359109312112/10/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 5/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 11,753.18 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC00011372109313112/10/2021 7,657.50 Water Service Repair; 17849 Cleary TrlKRUEGER EXCAVATING00011828109314112/10/2021 269.31 471 Sweeper head curtain set LACAL EQUIPMENT INC00012026109315112/10/2021 24.00 Dec 2021 Go To Meeting LicenseLOGMEIN INC00026895109316112/10/2021 23.68 PartsMENARDS LUMBER CO00013318109317112/10/2021 58.50 PartMONNENS SUPPLY INC00013909109318112/10/2021 23,539.54 Final - Pickleball Court ConstructionPETERSON COMPANIES INC00027860109319112/10/2021 125.00 Club Prior Sawbucks #4PETTY CASH00016300109320112/10/2021 1,006.72 452 Wing cylinder POWERPLAN00022435109321112/10/2021 400.23 TurfRAMY TURF PRODUCTS00018173109322112/10/2021 190.50 PD Annual Service & CertificationRICHFIELD FIRE EXTINGUISHER00018447109323112/10/2021 39.00 Library Annual Service & Certification 44.00 FS #1 Annual Service & Certification 34.00 FS #2 Annual Service & Certification 172.00 WTF Annual Service & Certication 919.50 Annual Service & Certification 1,399.00 267,567.00 New fire engine chassis ROSENBAUER MN00027385109324112/10/2021 800.00 Decembrrr Dazzle Ice CarvingSAKATAH CARVERS SIGNS & CREATIONS00027009109325112/10/2021 173.22 Nov 2021 Legal AdsSOUTHWEST NEWS MEDIA00019676109326112/10/2021 161.50 Flowers - Robbs FuneralSTEMS & VINES00027084109327112/10/2021 2,361.25 Parts & LaborSYCOM INC00019985109328112/10/2021 4,559.68 Dec 2021 Cell Phone BillsVERIZON WIRELESS00001315109329112/10/2021 55.00 Dec 2021 Shredding ServiceVETERAN SHREDDING LLC00027643109330112/10/2021 60.24 Electric - 4528 Colorado StXCEL ENERGY00014720109331112/10/2021 65.00 Pest Control - Club PriorXTREME PEST SOLUTIONS INC00027116109332112/10/2021 692.57 BatteriesANCOM COMMUNICATIONS INC00001654109333112/17/2021 2,500.00 17-1547 15960 West Avenue SEBRIAN DODGEMISC-CD109334112/17/2021 299.00 Water SuppliesCAPITAL ONE TRADE CREDIT00027963109335112/17/2021 16.34 Water - 4528 Colorado Street SECITY OF PRIOR LAKE00016810109336112/17/2021 55.36 Water - 4662 Dakota Street SE 71.70 1,600.00 21-0093 15940 West Avenue SECOPPER CREEK HOMESMISC-CD109337112/17/2021 5,812.50 Blvd PlantersEQUINOX INDUSTRIES LTD00005650109338112/17/2021 1,080.00 Admin Temp w/e 12/5/2021EXPRESS SERVICES INC00005949109339112/17/2021 1,080.00 Admin Temp w/e 12/12/2021 2,160.00 2,459.60 Water MetersFERGUSON WATERWORKS #251600006231109340112/17/2021 2,434.71 Water Meters 1,042.00 Water Meters 410.76 Water Meters 6,347.07 27.46 Coffee OrganizerFIRST SOURCE BUSINESS SUPPLIES00027907109341112/17/2021 45.83 471 Hanger bearing FLEETPRIDE00003260109342112/17/2021 30.00 Refund 2022 Plumber's RegistrationGENZ RYAN REFUND-BLG109343112/17/2021 1,682.47 IT & EngineeringHENRICKSEN PUBLIC SECTOR GROUP00008613109344112/17/2021 198.11 Nov 2021 Misc SuppliesHOME DEPOT CREDIT SERVICES00008865109345112/17/2021 527.14 Electric JackLAURSEN ASPHALT REPAIR EQUIPMENT 00027735109346112/17/2021 35.10 Revolving Loan CloseoutMN DEPT OF EMPLOYMENT/ECON DEV00028085109347112/17/2021 100.00 2021 PD Elevator PermitMN DEPT OF LABOR & INDUSTRY00013801109348112/17/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 6/6Page: 12/17/2021 10:27 AM User: Janet DB: Prior Lake CHECK DATE FROM 11/27/2021 - 12/17/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 100.00 2021 City Hall Elevator Permit 200.00 45.00 Krenik 2021 Wastewater Operator CertMN POLLUTION CONTROL AGCY00013850109349112/17/2021 566.68 Nov 2021 Repair PartsNAPA AUTO PARTS00014060109350112/17/2021 21.55 Nov 2021 Repair Parts 588.23 267.00 Dell Docking StationNOW MICRO INC00027966109351112/17/2021 11,852.50 Space Needs AssessmentOERTEL ARCHITECTS00015155109352112/17/2021 300.00 Pavilion RefundPAT BARSNESSREFUND-REC109353112/17/2021 1,200.00 Senior Luncheon 2021PRIOR LAKE VFW POST 620800022487109354112/17/2021 5,798.12 Evaluate & Repair SidewalksSAFE STEP LLC00019034109355112/17/2021 765.03 Paint - Club PriorSHERWIN-WILLIAMS CO00019456109356112/17/2021 28,505.70 Nov 2021 Water PurchasesSMSC00019384109357112/17/2021 1,801.24 Eco ThawSPECIALTY SOLUTIONS LLC00027576109358112/17/2021 128.98 Walk behind snow blower repair TIM'S SMALL ENGINE REPAIR INC00020510109359112/17/2021 91.26 Nov 2021 Misc SuppliesTRACTOR SUPPLY CREDIT PLAN00020663109360112/17/2021 1 TOTALS: 11,831,001.66 Total of 160 Disbursements: 64.00 Less 1 Void Checks: 11,831,065.66 Total of 161 Checks: City of Prior Lake Expenditures- Payroll and BenefitsAs of 11/30/2021 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2021 2021 2021 Amended Budget ‐ % BDGTActual YTDfrom 202010/31/2021 11/30/2021 Budget Amended Actual YTD Positive (Negative) USED11/30/20 Positive (Negative)GENERAL FUNDFunction: General Government41110.00 MAYOR & COUNCIL 5,653                          5,095                          66,234                 66,234                 58,346                 7,888                                 88% 53,356                     (4,989)                                    41320.00 ADMINISTRATION 21,077                        20,638                        197,222               197,222               207,036               (9,814)                                105% 216,141                   9,106                                     41330.00 BOARDS & COMMISSIONS 969                             431                             10,765                 10,765                 6,751                   4,014                                 63% 4,844                       (1,907)                                    41400.00 CITY CLERK FUNCTIONS 9,599                          9,332                          120,422               120,422               103,207               17,215                               86% 99,048                     (4,160)                                    41410.00 ELECTIONS 534                              ‐                                   3,500                   3,500                   671                       2,829                                 19% 42,706                     42,035                                   41520.00 FINANCE 42,325                        43,634                        537,955               537,955               464,670               73,285                               86% 406,767                   (57,902)                                  41820.00 HUMAN RESOURCES 21,417                        20,841                        271,624               271,624               231,995               39,629                               85% 231,520                   (475)                                       41830.00 COMMUNICATIONS 6,114                          10,373                        128,054               128,054               107,255               20,799                               84% 95,522                     (11,733)                                  41910.00 COMMUNITY DEVELOPMENT 24,865                        25,395                        317,724               317,724               269,702               48,022                               85% 256,448                   (13,254)                                  41920.00 INFORMATION TECHNOLOGY 17,554                        17,056                        225,935               225,935               189,733               36,202                               84% 122,238                   (67,495)                                  41940.00 FACILITIES ‐ CITY HALL 6,844                          5,851                          91,018                 91,018                 59,742                 31,276                               66% 56,327                     (3,415)                                    Total ‐ Function General Government 156,950                      158,647                      1,970,453            1,970,453            1,699,107            271,346                            86% 1,584,918                (114,189)                                Function: Public Safety42100.00 POLICE 419,041                      393,968                      4,736,215            4,939,965            4,140,407            799,558                            84% 3,857,758                (282,649)                                42200.00 FIRE 56,803                        41,964                        760,123               760,123               467,485               292,638                            62% 707,312                   239,827                                 42400.00 BUILDING INSPECTION 50,619                        51,060                        679,565               679,565               568,356               111,209                            84% 529,601                   (38,755)                                  Total ‐ Function Public Safety 526,463                      486,992                      6,175,903            6,379,653            5,176,248            1,203,405                         81% 5,094,671                (81,576)                                  Function: Public Works43050.00 ENGINEERING 26,606                        27,572                        350,041               350,041               287,194               62,847                               82% 268,281                   (18,913)                                  43100.00 STREET 42,822                        36,701                        503,876               503,876               423,528               80,348                               84% 402,528                   (21,000)                                  43400.00 CENTRAL GARAGE 19,180                        17,276                        247,198               247,198               198,306               48,892                               80% 200,954                   2,648                                     Total ‐ Function Public Works 88,608                        81,549                        1,101,115            1,101,115            909,027               192,088                            83% 871,762                   (37,265)                                  Function: Culture and Recreation45100.00 RECREATION 17,264                        27,114                        360,011               360,011               300,352               59,659                               83% 216,647                   (83,705)                                  45200.00 PARKS 77,961                        67,192                        1,081,258            1,081,258            841,594               239,664                            78% 760,173                   (81,421)                                  Total ‐ Function Culture and Recreation 95,225                        94,306                        1,441,269            1,441,269            1,141,946            299,323                            79% 976,821                   (165,126)                                General Fund Payroll Only Expenditures Total 867,246                      821,493                      10,688,740         10,892,490         8,926,329            1,966,161                         82% 8,528,173                (398,156)                                COMPARATIVEAnnual City of Prior Lake Expenditures- Payroll and BenefitsAs of 11/30/2021 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2021 2021 2021 Amended Budget ‐ % BDGTActual YTDfrom 202010/31/2021 11/30/2021 Budget Amended Actual YTD Positive (Negative) USED11/30/20 Positive (Negative)COMPARATIVEAnnualEDA FUNDFunction:  Economic Development   46500.00 ECONOMIC DEVELOPMENT 11,087                        10,952                        135,544               135,544               121,452               14,093                               90% 121,766                   314                                         EDA Fund Payroll Only Expenditures Total 11,087                        10,952                        135,544               135,544               121,452               14,093                               90% 121,766                   314                                         WATER FUNDFunction: Water41520.00 Finance 3,320                          4,933                          76,881                 76,881                 61,068                 15,813                               79% 63,960                     2,892                                     49400.00 Water 59,633                        57,524                        749,281               749,281               630,647               118,634                            84% 611,085                   (19,562)                                  Water Fund Payroll Only Expenditures Total 62,953                        62,457                        826,162               826,162               691,716               134,446                            84% 675,045                   (16,670)                                  SEWER FUNDFunction: Sewer41520.00 Finance 3,320                          4,932                          76,881                 76,881                 61,060                 15,821                               79% 64,016                     2,957                                     49450.00 Sewer 73,679                        46,139                        731,502               731,502               630,255               101,247                            86% 630,865                   609                                         Sewer Fund Payroll Only Expenditures Total 76,999                        51,071                        808,383               808,383               691,315               117,068                            86% 694,881                   3,566                                     STORM WATER FUNDFunction: Storm Water49420.00 Water Quality 26,067                        24,539                        366,879               366,879               289,258               77,621                               79% 280,605                   (8,653)                                    Storm Water Fund Payroll Only Expenditures Total 26,067                        24,539                        366,879               366,879               289,258               77,621                               79% 280,605                   (8,653)                                    City‐Wide Total Payroll Expenditures 1,044,351                  970,511                     12,825,708         13,029,458         10,720,069         2,309,389                         82% 10,300,469             (419,599)                                City of Prior Lake Treasurers Report November 2021 Fund 11/1/2021 11/30/2021 Fund Type & Name No. Balance Receipts Disbursements Balance Business-Type Funds Water Fund 601 6,332,602.69$ 172,232.41$ 246,122.18$ 6,258,712.92$ Sewer Fund 604 3,091,866.01 67,115.65 231,952.95 2,927,028.71 Water Quality Fund 602 1,968,219.05 15,840.19 36,482.54 1,947,576.70 Total Business-Type Funds 11,392,687.75$ 255,188.25$ 514,557.67$ 11,133,318.33$ Governmental-Type Funds General Fund 101 9,097,380.97$ 271,322.95$ 1,253,114.04$ 8,115,589.88$ Special Revenue Funds Cable Franchise Fund 210 111,026.11$ 188.06$ -$ 111,214.17$ Capital Park Fund 225 1,670,273.86 7,690.18 42,681.67 1,635,282.37 Police Forfeiture Fund 235 172,759.79 292.62 - 173,052.41 EDA Special Revenue 240 157,709.13 - 256,408.94 (98,699.81) Econ Dev Federal Revolving Loan Fund 250 133,042.47 225.35 - 133,267.82 Econ Dev MN Revolving Loan Fund 255 175.51 - - 175.51 Developer Agreement Fund 260 2,033,152.30 639.31 50,681.75 1,983,109.86 Federal ARPA Fiscal Recovery Fund 265 1,441,364.46 47,233.38 - 1,488,597.84 Total Special Revenue Funds 5,719,503.63$ 56,268.90$ 349,772.36$ 5,426,000.17$ Capital Project Funds Tax Increment 402 -$ -$ -$ -$ TIF #1-3 413 127,181.31 215.42 - 127,396.73 TIF #3-1 414 315,559.84 534.50 - 316,094.34 TIF #5-1 416 10,496.62 17.78 - 10,514.40 TIF #6-1 417 448,224.37 759.21 - 448,983.58 TIF #1-4 418 1,846.29 - - 1,846.29 TIF #1-5 419 30,935.81 52.40 - 30,988.21 Revolving Equipment Fund 410 802,130.43 1,052.24 180,905.51 622,277.16 Revolving Park Equipment Fund 430 971,698.70 1,619.51 15,569.61 957,748.60 Facilities Management Fund 440 1,278,428.02 2,164.67 441.50 1,280,151.19 Permanent Impr Revolving Fund 450 476,649.21 807.36 - 477,456.57 Construction Fund 501 2,392,222.80 3,365.74 407,092.20 1,988,496.34 Trunk Reserve Fund 502 4,517,786.02 19,508.91 - 4,537,294.93 Street Oversize Fund 503 1,511,729.69 2,560.59 - 1,514,290.28 Water Storage Fund 505 643,132.06 1,380.90 - 644,512.96 Total Capital Project Funds 13,528,021.17$ 34,039.23$ 604,008.82$ 12,958,051.58$ Debt Service Funds 314-351 & 549-573 $ 4,391,626.35 24,433.60$ -$ 4,416,059.95$ Agency Fund 801 703,972.50$ 25,500.00$ 84,400.00$ 645,072.50$ Total Governmental Type Funds 33,440,504.62$ 411,564.68$ 2,291,295.22$ 31,560,774.08$ Internal Service Funds 7xx 563,624.12$ 4,299.95$ -$ 567,924.07$ Total All Funds 45,396,816.49$ 671,052.88$ 2,805,852.89$ 43,262,016.48$ Investment Pool & Ratio as of 11/30/2021 99.52% 43,052,893.71$ This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc. TREASURER’S REPORT FUND DESCRIPTIONS General Fund - Represents the resources to support general operating budget expenditures of the City. The year- end fund balance represents dollars that have accumulated over a period of time. The City Council has designated a minimum of 45% of the current operating budget, for working capital to finance city operations. Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Water departments and normally reserved for large capital municipal system expenses. Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Sewer department and normally reserved for large capital municipal system expenses. Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements including departmental administration, storm water maintenance operations and improvement projects related to water quality. Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified by ordinance. Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement Program. Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and expenditures. ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide economic incentives for new business expansion within the community. ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides economic incentive for new business expansion within the community. DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake. Federal ARPA Fiscal Recovery Fund – Special revenue fund created to track American Rescue Plan Act funds received by the City. Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established to track their respective revenue. Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000 has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and purchase of new and replacement vehicles and equipment. Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment. Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP provides a schedule of major repairs, replacements and upgrades to all of the City facilities. Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects with any remaining funds to be used to provide upfront funding for future improvements. Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects approved by the City Council on an annual basis. These dollars are necessary to complete outstanding construction contracts and related engineering and professional services. Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks, trails plus right of way acquisition along collector streets and occasional collector street links. Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the course of the City’s capital improvement plan. Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This fund balance is 100% reserved for the construction of elevated and ground water storage facilities. Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the payment of bond principal and interest. Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and debris free before an occupancy permit is granted. Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated absence liability associated with the accrued vacation and sick leave for employees upon termination as recommended by the State Auditor’s Office. Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds. City of Prior Lake Treasurers Report November 2021 Fund Type & Name Fund Balance Classification Constraints Business-Type Funds Water Fund Unrestricted Identified on utility bill for this purpose Sewer Fund Unrestricted Identified on utility bill for this purpose Water Quality Fund Unrestricted Identified on utility bill for this purpose Governmental-Type Funds General Fund Unassigned Cash flow, emergencies, one-time opportunities Special Revenue Funds Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees EDA Special Revenue Assigned for development Economic Development Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development Developer Agreement Fund Assigned for development Contractually obligated; Federal ARPA Recovery Funds Restricted for equipment and improvements Contractually obligated Capital Project Funds Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects Construction Fund Restricted for capital improvements Construction projects in progress Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service Agency Fund N/A Escrows to be reimbursed to depositors Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance RESOLUTION 22-_____ CITY OF PRIOR LAKE LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECRETIONAL TRAIL IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 13 AT PLEASANT STREET SE Motion By:   Second By:    WHEREAS, The City of Prior Lake is a political subdivision, organized and existing under the laws of the State of Minnesota; and,  WHEREAS, The City Council of the City of Prior Lake has approved a plan to construct a non-motorized recreational trail in the right-of way of Trunk Highway 13 to promote the orderly and safe crossing of the highway; and,  WHEREAS, The State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail.   NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a non-motorized recreational trail within the right- of­ way of Trunk Highway 13 of the State of Minnesota at Pleasant Street SE. The City of Prior Lake shall construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. Passed and adopted by the Prior Lake City Council this 3rd day of January 2022. VOTE Briggs Thompson Burkart Braid Churchill  Aye ☐☐ ☐☐ ☐Nay☐☐☐ ☐☐ Abstain☐☐☐☐☐ Absent☐ ☐☐ ☐☐  ______________________________ Jason Wedel, City Manager I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of the City of Prior Lake at an authorized meeting held on the 3rd day of January, 2022, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) RESOLUTION 22-001 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND RATIFYING THE ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN SOUTH RECONSTRUCTION PROJECT (2020-11) Motion By:   Second By:    WHEREAS, Pursuant to Resolution 21-066, adopted on May 3, 2021, the City’s consultant Bolton Menk has prepared plans and specifications for the Downtown South Reconstruction Project (2020-11).  NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: The recitals set forth above are incorporated herein. The plans and specifications, a copy of which is attached hereto and incorporated by reference herein, are hereby approved. The City Engineer shall prepare and cause to be inserted in the official newspaper of the City and on QuestCDN an advertisement for bids for the making of the improvement pursuant to the attached plans and specifications. The advertisement shall be published not less than 21 days prior to the bid opening, shall specify the work to be done, and shall state that the bids will be received by the City of Prior Lake at which time the bids will be publicly read virtually through Microsoft Teams. Bids will then be tabulated and will be considered by the Council. No bids will be considered unless filed before the deadline through QuestCDN and accompanied by a cash deposit, cashier’s check, bid bond, or certified check payable to the City of Prior Lake in the amount of five (5) percent of the amount of such a bid. The City reserves the right to reject any and all bids for any reason as determined solely by the City Council. Passed and adopted by the Prior Lake City Council this 3rd day of January 2022. VOTE Briggs Thompson Burkart Braid Churchill  Aye ☐☐ ☐☐ ☐Nay☐☐☐ ☐☐ Abstain☐☐☐☐☐ Absent☐ ☐☐ ☐☐  ______________________________ Jason Wedel, City Manager LUP – Standardized LUP Form Page 1 of 6 LU1001 12/22/2021 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 7001 (T.H. 13) County of Scott LUP # 7001-0033 Permittee: City of Prior Lake Expiration Date: 12/21/2031 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Prior Lake, (“Permittee”), to use the area within the right of way of Trunk Highway No. 13 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 12/21/2031 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility LUP – Standardized LUP Form Page 2 of 6 LU1001 12/22/2021 and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. LUP – Standardized LUP Form Page 3 of 6 LU1001 12/22/2021 Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. LUP – Standardized LUP Form Page 4 of 6 LU1001 12/22/2021 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: LUP – Standardized LUP Form Page 5 of 6 LU1001 12/22/2021 4646 Dakota St SE Prior Lake, MN 55372 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14.INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP – Standardized LUP Form Page 6 of 6 LU1001 12/22/2021 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF PRIOR LAKE By________________________________ _ Its ____________________________ Date______________________________ And_______________________________ _ Its ____________________________ Date______________________________ By:______________________________ _ District Engineer Date______________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date_____________________________ _ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 935 940 945 950 955 960 935 940 945 950 955 960 930 935 940 945 950 955 930 935 940 945 950 955 930 935 940 945 950 955 930 935 940 945 950 955 935 940 945 950 955 960 935 940 945 950 955 960 0.85% -4.63% 1.25%3.05%VPI: 35+60.06EL: 941.94VPI: 35+81.14EL: 942.58VPI: 32+24.10 EL: 950.39 A = -5.48% K = 31.95 L=175' VPI: 34+39.28 EL: 940.43 A = 5.88% K = 34.02 L=200'HP: 31+63.75EL: 949.76LP: 34+96.75EL: 941.41VPC: 31+36.60EL: 949.65VPT: 35+39.28EL: 941.68VPT: 33+11.60EL: 946.34VPC: 33+39.28EL: 945.06948.91949.330+50 949.12949.3949.33949.431+00 949.55950.2949.73950.331+50 949.74950.3949.56950.132+00 949.17949.9948.60948.932+50 947.82947.9946.86946.633+00 945.72945.5944.58944.633+50 943.59943.9942.79943.434+00 942.17943.0941.74942.534+50 941.48942.1941.42941.635+00 941.53941.7941.81941.835+50 942.40942.5942.936+00 36+50 37+00 37+50 38+00 948.80948.932+32 948.37948.232+50 947.60947.4946.63946.233+00 945.50944.9944.36944.133+50 943.37943.1943.05942.833+84 943.05942.860+00 941.66942.060+50 941.06941.361+00942.28942.6941.25941.9-1.04%VPI: 60+00.00EL: 943.05VPI: 60+20.66EL: 942.41VPI: 60+41.09EL: 941.86VPI: 60+63.87EL: 941.39VPI: 60+87.42EL: 941.12947.66948.050+31 947.04947.250+50 946.07946.1944.93945.051+00 943.79943.9942.82942.851+50 942.01942.1941.29941.652+00 940.79941.2940.56941.052+50 940.67941.2940.91941.452+96 -3.24%-3.75% -1.10%1.07%VPI: 50+48.93EL: 947.08VPI: 50+73.93EL: 946.12VPI: 50+94.12EL: 945.20VPI: 51+23.66EL: 943.85VPI: 51+46.57EL: 942.94VPI: 51+69.79EL: 942.17VPI: 51+93.30EL: 941.47VPI: 52+19.24EL: 940.88VPI: 52+41.37EL: 940.61VPI: 52+62.65EL: 940.54VPI: 52+90.76EL: 940.84941.49941.661+50 62+00941.22941.5941.71.07%LP: 61+08.95EL: 941.05VPI: 61+71.93EL: 941.72-4.63%VPI: 33+11.76EL: 946.11VPI: 33+39.44EL: 944.83C C S S S D C C S CCCEEXGGGGGGGGG G G G G G G G G GCCGGGGGGGG G G G G G G G G GEE E E E E E E E E E E E CCCCCCCXXXCGGS D >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >> >>>> >> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>40+0041+003 31+00 32+00 33+00 34+00 35+00 36+00 EP: 36+16.79 PI: 35+08.31 PI: 35+60.06 PI: 31+56.02 PC: 34+02.79 PT: 34+78.60 2.00%31+00 32+00 3 31+00 STA: 31+89.17 PLEASANT STREET CL= STA: 40+35.19 MAIN AVENUE CL PLEASANT STREET LEFT LOC ALIGNMENT 2 (ANGLED PARKING) PLEASANT STREET LEFT EOP-LOC ALIGNMENT 33+00 34+00 35+00 36+00 3 32+59.29 33+00 3 STA: 33+84.28 PLEASANT STREET RIGHT EOP ALIGNMENT 1= STA: 60+00 PLEASANT STREET RIGHT EOP ALIGNMENT 2 PLEASANT STREET RIGHT EOP ALIGNMENT 2 PLEASANT STREET RIGHT EOP ALIGNMENT 1 33+00 34+003 6 60+00 61+00 EP: 61+79.95 PI: 61+48.15 PI: 61+49.52 PI: 61+63.91 PI: 61+71.93 PT: 60+55.21 PLEASANT STREET RIGHT LOC ALIGNMENT 2 (ANGLED PARKING) 51+00 52+00 PC: 51+58.04 PT: 50+31.47 PT: 52+08.96 L =7 5 .8 1 R =3 0 0 .0 0 Δ =1 4 °2 8 '4 2" 16323 PLATE ON MAIN L L C 16328 PRIOR LA K E , C I T Y OF & CIT Y M A N A G E R 16318 PRIOR LA K E C I T Y OF & CIT Y M A N A G E R 16306 VETERAN S O F FOREIGN W A R S & VFW POS T 6 2 0 8 LE MANAGEMENT PROPERTIES PRIOR LAKE CITY OF & CITY MANAGER LANGHO R S T RANDY W & C/O DELORES LANGHO R S TPRIOR LAKE CITY OF & CITY MANAGERSTREET CONSTRUCTION NOTES: 1.ALL CURB WITH ADJACENT SIDEWALK SHALL HAVE A CONCRETE SILL PER MnDOT STANDARD PLAN 5-297.254. 2.ALL PEDESTRIAN RAMPS AND LANDINGS SHALL BE 6 INCH CONCRETE. 3.ALL RESIDENTIAL DRIVEWAYS (INCLUDING THE SIDEWALK THROUGH DRIVEWAY) SHALL BE 6 INCHES. 4.ALL COMMERCIAL DRIVEWAYS (INCLUDING THE SIDEWALK THROUGH DRIVEWAY) SHALL BE 7 INCHES. 5.ALL RESIDENTIAL SIDEWALK SHALL BE 4 INCH CONCRETE. 6.ALL COMMERCIAL SIDEWALK (INCLUDING PAVED BOULEVARDS) SHALL BE 6 INCH CONCRETE. 7.PAVED BOULEVARDS SHALL BE TIE TO THE CONCRETE WALK PER MnDOT STANDARD PLAN 5-297.254. 8.SIDEWALKS SHALL MEET ADA LANDING REQUIREMENTS AT ALL BUILDING ENTRANCES. 9.CONSTRUCT PEDESTRIAN RAMPS IN CONFORMANCE WITH MnDOT STANDARD PLAN 5-297.250. 10.SEE LANDSCAPING SHEETS FOR ADDITIONAL STREETSCAPING. 11.COORDINATE OVERHEAD POWER BURIAL WITH CITY'S ELECTRICIAN & XCEL ENERGY (SEE SPECS). STREET LEGEND 4 INCH CONCRETE WALK 6 INCH CONCRETE WALK 6 INCH CONCRETE WALK SPECIAL 1 6 INCH CONCRETE WALK SPECIAL 2 INSTALL SALVAGED MAIL BOX SUPPORT1 7 INCH CONCRETE DRIVEWAY PAVEMENT 6 INCH CONCRETE DRIVEWAY PAVEMENT BITUMINOUS PATCH SPECIAL 1 BITUMINOUS PAVEMENT BITUMINOUS PATCH SPECIAL 2 BRICK PAVERS 17' DATELIC. NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SHEET Bolton & Menk, Inc. 2021, All Rights ReservedcH:\PLAK\T18120665\CAD\C3D\120665C601-120665C606 - STREETS.dwg 12/13/2021 5:39:11 PMDESIGNED DRAWN CHECKED CLIENT PROJ. NO. ISSUED FOR DATENO. R 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comBRADLEY J. FISHER 56595 MM/DD/YYYY DOWNTOWN SOUTH RECONSTRUCTION SAP 201-102-002, SAP 201-119-003, & SAP 201-131-001 ARK ARK BJF T18.120665 R C6.06STREET PLAN & PROFILE PLEASANT STREET FEETSCALE 0 25 50 HORZ. FEETSCALE 0 5 10 VERT. B618 C&G B618 C&G B618 C&G B618 C&G B618 C&G B618 C&GB618 C&GB618 C&G17' 17'17' R/W 80' +/- 60' F/F 36' F/F R/W 64' + / - R/W 78.5 ' + / - R/W 66' 60' F/F EXISTING GROUND PROFILE PROPOSED CL PROFILE NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET CENTERLINE ALIGNMENT PLEASAN T S T R E E T MAIN AVENUETH 13PROPOSED CL ELEVEXISTING ELEV PROPOSED ELEVEXISTING ELEV PROPOSED ELEVEXISTING ELEV PROPOSED ELEVEXISTING ELEV NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT LOC ALIGNMENT 2NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT EOP ALIGNMENT 2NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT EOP ALIGNMENT EXISTING GROUND PROFILE PROPOSED EOP PROFILE PROPOSED EOP PROFILE PROPOSED LOC PROFILE EXISTING GROUND PROFILE SEE INTERSECTION DETAIL SHEET C6.16 SEE INTERSECTION DETAIL SHEET C6.15 43' F/F MnDOT R/W EXISTING GROUND PROFILE SUBSURFACE DRAIN CLEANOUT (TYP) 4" PERF PE PIPE DRAIN (TYP) 4" PERF PE PIPE DRAIN (TYP) STA. 35+86.42 END CONSTRUCTION SAP 201-102-002 65 SY 7" CONCRETE VALLEY GUTTER DRAFTDRAFT POND 178 Page 1 POND 177 AND 178 1.1. Introduction Pond 178 is located west of Eagle Creek Ave NE, and drains west int a large wetland complex, that is a subwatershed of Pike Lake. Pond 178 drains into Pond 177. 1.2. Survey and Inspection Observations Table 1 and Table 2 presents information gathered from the SWAMP and the field survey completed in July 2021. Pond 177 outlet is a 21-inch flared end section outlet has large erosion issues, and is starting to erode underneath the flared end section, see photo below. The outlet of the pond is at a higher elevation than the current water levels of the pond are. An infiltration basin was shown to discharge into the pond from the south. Because the drainage area to the infiltration is small (about 1 acre), it was assumed that negligible treatment was being provided and was not included in the water quality analysis. The drainage area for 178 consists of roadway runoff from Eagle Creek Ave NE with some runoff from residential areas. Pond 178 has one 27-inch invert coming from East Creek Ave NE. This pond drains west to Pond 177 through an outlet control structure. The wood weir structure outlet on the northeast corner of pond 178 is not functioning, causing an erosion channel that outlets the pond. The outlet for this pond is a 30-inch flared end section that goes into an overflow control structure that outlets to the west from a 30-inch flared end section at 887.40. Table 1. Pond Summary Drainage Area 21.25 acres NWL* 889.51 Area at NWL 0.28 acres 2021 SWAMP Score 24.09 Managed NURP Ratio 1 Managed Depth 5.90 ft Current Depth 1.42 ft Current Wet Volume 17,320 ft3 Downstream Waterbody Wetland Survey/Inspection Date July 2021 Surveyed Water Elevation 889.51 Outlet Elevation 892.78 Outlet Diameter 30” RCP Inlet Diameter 24” RCP Table 2. 178 Pond Summary Drainage Area 11.81 acres NWL* 889.9 Area at NWL 0.14 acres 2021 SWAMP Score 14.03 Managed NURP Ratio 1 Managed Depth 6.84 ft Current Depth 0.96 ft Current Wet Volume 5,855 ft3 Downstream Waterbody Wetland Survey/Inspection Date July 2021 Surveyed Water Elevation 889.9 POND 178 Page 2 Outlet Elevation 890.89 Outlet Diameter 30” RCP Inlet Diameter 27” RCP *NWL based on surveyed water elevation Major erosion underneath the outlet for the pond. During the field survey, it was found that the pond 177 was draining to the north via channels that have been eroded into the soil. It is possible the pipe designed to drain this pond to the north was washed out and the current channel runs it its place. At the time of surveyance, water was flowing in this channel, see the images below. Channel erosion north of pond. POND 178 Page 3 1.2.1. Sediment Sample Results Four sediment samples were tested in Pond 177 and Pond 178. There was no level 3 sediment found in pond 177. In Pond 178, one sample was assigned to Management Level 3 and the other to Management Level 1, therefore increased costs for approximately half of th is pond are considered in the recommendation and cost estimates. Additional information on the sediment analysis completed can be found in the attached Sediment Analysis Memo and Results. 1.3. Recommendation An analysis was completed evaluating the existing and potential sediment removal options for the maintenance of Pond 177 (Table 3), and Pond 178 (Table 4). Additional sediment should be removed between ponds to create one large pond instead of two small ponds. This would remove an additional XX CY and would allow for more storage within the ponds. It is recommended that the ponds be maintained to an average depth of approximately 4.0 feet. This would also reduce mobilization costs and restoration costs for the project. Table 3. Water Quality Analysis Pond 177 Option Description TP Removal Efficiency (%) Annual TP Reduction (lbs/yr) TSS Removal Efficiency (%) Annual TSS Removal Efficiency (tons/yr) Estimated Sediment Removal Cost* Life-Cycle TP Cost Benefit ($/lb) 1 - Existing; Maintain Current Depth of 1.42 ft 37.01 6.71 64 1.76 - - 2 - Excavate to an Average Depth of 3.0 ft (926 CY) 49.76 9.02 81.00 2.23 $18,515 223.27 3 - Excavate to an Average Depth of 4.0 ft (1,512 CY) 54.47 9.88 91.5 2.51 $30,233 375.12 4 - Excavate to an Average Depth of 5.0 ft (2,098 CY) 57.99 10.52 93.00 2.56 $41,950 495.9 5 - Excavate to a Managed Depth of 5.9 ft (2,625 CY) 60.49 10.97 93.00 2.56 $52,496 487.74 *Cost estimates do not include indirect costs, contingencies, access/restoration costs, and other appurtenant work. Costs to consider contaminated sediments where present is included. Table 4. Water Quality Analysis Pond 178 POND 178 Page 4 Option Description TP Removal Efficiency (%) Annual TP Reduction (lbs/yr) TSS Removal Efficiency (%) Annual TSS Removal Efficiency (tons/yr) Estimated Sediment Removal Cost* Life-Cycle TP Cost Benefit ($/lb) 1 - Existing; Maintain Current Depth of 1.42 ft 28.39 4.01 55.88 1.20 - - 2 - Excavate to an Average Depth of 2.0 ft (402 CY) 40.64 5.74 67.00 1.43 $8,047 151.05 3 - Excavate to an Average Depth of 3.0 ft (790 CY) 47.57 6.72 76.00 1.63 $15,785 291.36 4 - Excavate to an Average Depth of 4 ft (1176 CY) 52.36 7.40 87.50 1.87 $23,523 393.42 5 - Excavate to a Managed Depth of 5 ft (1,563 CY) 55.95 7.90 93.00 1.99 $31,260 375.2 *Cost estimates do not include indirect costs, contingencies, access/restoration costs, and other appurtenant work. Costs to consider contaminated sediments where present is included. K:\018387-000\Cad\Plan\018387-000-C-TITL-PLAN.dwg 10/14/2021 5:11:34 PM2022 POND MAINTENANCE PROJECT CITY OF PRIOR LAKE PROJECT LOCATION MAP F G EXISTING PLAN SYMBOLS PROPERTY LINES/RIGHT-OF-WAY UTILITY EASEMENT TREE LINE SIGN DECIDUOUS TREE SHRUB CONIFEROUS TREE EXISTING UTILITY SYMBOLS FIBER OPTIC LINE GAS LINE COMMUNICATIONS PEDESTAL POWER POLE ELECTRIC BOX CATCH BASIN STORM APRON CCOMMUNICATION LINE EELECTRIC POWER LINE ||WATER MAIN > >> SANITARY SEWER STORM SEWER GATE VALVE HYDRANT SANITARY SEWER MANHOLE STORM SEWER MANHOLE COUNTY:SCOTT PROJECT LOCATION THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." APPROVED BYSHEET NO.DATE PLAN REVISIONS ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. THIS PLAN SET CONTAINS XX SHEETS I HEREBY CERTIFY THAT THIS PLAN 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. LICENSE NUMBER:DATE:MM/DD/YYYY 49170 JACOB H. NEWHALL, P.E. SHEET 5 OF WSB PROJ. NO. 018387-000 1 THIS PLAN SET HAS BEEN PREPARED FOR: CITY OF PRIOR LAKE 4646 DAKOTA STREET SE PRIOR LAKE, MN 55372 952.447.9800 A CALL TO GOPHER STATE ONE (651-454-0002) IS REQUIRED A MINIMUM OF 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION. EXCAVATION NOTICE SYSTEM PLAN SET INDEX GOVERNING SPECIFICATIONS UTILITY INFORMATION THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. E ST S N SCALE IN FEET 0 H: 500 1000 SHEET NO.DESCRIPTION 1 TITLE SHEET 2 EXISTING CONDITIONS AND REMOVALS PLAN 3 GRADING AND EROSION CONTROL PLAN 4 - 5 MISCELLANEOUS DETAILS PROJECT LOCATION POND 177 AND 178 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>INV: 889.90 OCS INV: 890.91 INV: 887.40 OCS INV: 890.89 >>>>>>>>>>>>>>>>>>>>>>>>>>> >>>S S SS S S S S 890.0 890. 0 890.0 890.0 WET WET WET WET WET WET WET WET WET WET WET WET W E T 890 895 900 905 910 895 900 89 2 893 89 4 896 897 898 899 886 887 888 889 889 885 890 886887 8888898858908908868878 8 8889 890887888 889 891 890 890 890 890889 889 889 889 890 895 900 905 910 890895900905K:\018387-000\Cad\Plan\018387-000-C-DEMO-PLAN.dwg 10/14/2021 5:13:20 PM2 AS SHOWN LTC/HM JHNGMD SCALE IN FEET 0 H: 30 60 N SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387--000 JACOB H. NEWHALL, P.E.491705 EXISTING CONDITIONS AND REMOVALS PLAN LOCATION 1.RESTORE ALL POND EDGES AND WOODED AREAS WITH TYPE 33-261 SEED (35 LBS/AC). CATEGORY 3N EROSION CONTROL BLANKET SHALL BE INSTALLED ALONG POND EDGES, BUFFERS, AND NON-MOWABLE SLOPES. 2.ALL SOILS DISTURBED DURING CONSTRUCTION ACTIVIITES WILL BE STABILIZED FOLLOWING SEED MIXES, FERTILIZER, AND STABILIZING COVER OUTLINED WITHIN THESE PLANS. 3.IN THE EVENT THAT RESTORATION CANNOT BE IMPLEMENTED WITHIN 7 DAYS AFTER CONSTRUCTION ACTIVITIE IN THE DISTURBED AREA HAS CEASED, TEMPORARY EROSION STABILIZATION BMPS (I.E. HYDRO MULCH 3884.B.2) MUST BE SCHEDULED TO OCCUR WITHIN THAT 7 DAY TIME FRAME. 4.CONTRACTOR RESPONSIBLE FOR THE DAMAGE TO STREETS, PARKING LOTS, CONCRETE CURB AND GUTTER, AND TRAIL. 5.DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS. 6.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS. 7.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. 8.CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION ONSITE AND OFF OF ROADWAY, AND LOAD AND HAUL OUT USING ACCESS ROUTE. 9.CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 10.CONTRACTOR TO COORDINATE ACCESSLIMITS WITH THE ENGINEER IN THE FIELD. 11.EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 12.CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR AND OBTAINING A COUNTY RIGHT-OF-WAY PERMIT. POND 177 NWL = 890.0 POND 178 NWL = 890.0 REMOVE OUTLET CONTROL STRUCTURE AND 21 LF STORM SEWER PIPE REMOVE WOODEN WEIR AND FILL-IN ERODING CHANNEL EX. 33"RCP APRON INV: 890.91 EX. 30" RCP APRON INV: 887.40 EX. 30"RCP APRON INV: 890.89 EX. 27"RCP APRON INV: 889.90 RASPBERRY RIDGE RD NW EAGLE CREEK AVE NE (CR 21)INLET PROTECTION ROCK CONSTRUCTION ENTRANCE LEGEND REMOVE DRAINAGE STRUCTURE REMOVE STORM SEWER>> CONSTRUCTION LIMITS NORMAL WATER LEVEL (NWL)888.8 CLEAR AND GRUB TREES AS DIRECTED BY THE ENGINEER. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) POND ACCESS. RESEED WITH TYPE 25-131 SEED (220 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) DISTURBED AREA. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) EXISTING CONTOUR (MAJOR)1019 EXISTING CONTOUR (MINOR)1019 PROPOSED CONTOUR (MAJOR)1019 PROPOSED CONTOUR (MINOR)1019 965.77 965.77 PROPOSED SPOT ELEVATION EXISTING SPOT ELEVATION PROTECT SANITARY SEWER MANHOLE EX. OCS RIM: 892.78 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>INV: 889.90 OCS INV: 890.91 >>>>>>>>>>>>>>>>>>>>>>>>>>> >>>S S SS S S S S WET WET WET WET WET WET WET WET WET WET WET WET W E T 890 895 900 905 910 895 900 89 2 893 89 4 896 897 898 899 886 887 888 889 889 885 890 886887 8888898858908908868878 8 8889 890887888 889 891 890 890 890 890889 889 889 889 890 895 900 905 910 890895900905885 889 889 891 892 893 894 894 893 892 891 890 894 894 893 892 891 890 889 891 892 893 894 894 893 893 891 890 889 889 890 885 890 884.00 884.00 893.50 890.5 890. 5 890. 5 890.5 28 - 30" CL III RCP @ 0.50% INV: 890.00 (S) INV: 889.86 (N)K:\018387-000\Cad\Plan\018387-000-C-CNST-PLAN.dwg 10/14/2021 5:10:45 PM3 AS SHOWN LTC/HM JHNGMD SCALE IN FEET 0 H: 30 60 N SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387--000 JACOB H. NEWHALL, P.E.491705 GRADING AND EROSION CONTROL PLAN LOCATION 1.RESTORE ALL POND EDGES AND WOODED AREAS WITH TYPE 33-261 SEED (35 LBS/AC). CATEGORY 3N EROSION CONTROL BLANKET SHALL BE INSTALLED ALONG POND EDGES, BUFFERS, AND NON-MOWABLE SLOPES. 2.ALL SOILS DISTURBED DURING CONSTRUCTION ACTIVIITES WILL BE STABILIZED FOLLOWING SEED MIXES, FERTILIZER, AND STABILIZING COVER OUTLINED WITHIN THESE PLANS. 3.IN THE EVENT THAT RESTORATION CANNOT BE IMPLEMENTED WITHIN 7 DAYS AFTER CONSTRUCTION ACTIVITIE IN THE DISTURBED AREA HAS CEASED, TEMPORARY EROSION STABILIZATION BMPS (I.E. HYDRO MULCH 3884.B.2) MUST BE SCHEDULED TO OCCUR WITHIN THAT 7 DAY TIME FRAME. 4.CONTRACTOR RESPONSIBLE FOR THE DAMAGE TO STREETS, PARKING LOTS, CONCRETE CURB AND GUTTER, AND TRAIL. 5.DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS. 6.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS. 7.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. 8.CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION ONSITE AND OFF OF ROADWAY, AND LOAD AND HAUL OUT USING ACCESS ROUTE. 9.CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 10.CONTRACTOR TO COORDINATE ACCESSLIMITS WITH THE ENGINEER IN THE FIELD. 11.EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 12.CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR AND OBTAINING A COUNTY RIGHT-OF-WAY PERMIT. POND NWL = 890.5 BOTTOM = 884.0 REMOVE WOODEN WEIR AND FILL-IN ERODING CHANNEL EX. 33"RCP APRON INV: 890.91 EX. 27"RCP APRON INV: 889.90 RASPBERRY RIDGE RD NW EAGLE CREEK AVE NE (CR 21)REMOVE TREES AS NEEDED INLET PROTECTION ROCK CONSTRUCTION ENTRANCE LEGEND REMOVE DRAINAGE STRUCTURE REMOVE STORM SEWER>> CONSTRUCTION LIMITS NORMAL WATER LEVEL (NWL)888.8 CLEAR AND GRUB TREES AS DIRECTED BY THE ENGINEER. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) POND ACCESS. RESEED WITH TYPE 25-131 SEED (220 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) DISTURBED AREA. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) EXISTING CONTOUR (MAJOR)1019 EXISTING CONTOUR (MINOR)1019 PROPOSED CONTOUR (MAJOR)1019 PROPOSED CONTOUR (MINOR)1019 965.77 965.77 PROPOSED SPOT ELEVATION EXISTING SPOT ELEVATION PROTECT SANITARY SEWER MANHOLE EX. OCS RIM: 892.78 INSTALL 5 CY RIPRAP AND 10 SY GEOTEXTILE FABRIC TYPE 4 TO EXISTING FES INSTALL 5 CY RIPRAP INSTALL 8 CY RIPRAP AND 16 SY GEOTEXTILE FABRIC TYPE 4 (893.0 ELEVATION AND ABOVE)ESTIMATED AREA OF LEVEL 3 SEDIMENT. APPROXIMATELY 400 CY OF LEVEL 3 SEDIMENT MATERIAL REMOVAL (LV) REMOVE 3000 CY OF LEVEL 1 SEDIMENT MATERIAL (LV) K:\018387-000\Cad\Plan\018387-000-C-CNST-DETL.dwg 10/14/2021 5:13:49 PM4 AS SHOWN LTC/HM JHNGMD SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387--000 JACOB H. NEWHALL, P.E.491705 MISCELLANEOUS DETAILS K:\018387-000\Cad\Plan\018387-000-C-MNDT-PLAN.dwg 10/14/2021 5:14:12 PM5 AS SHOWN LTC/HM JHNGMD SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387--000 5 MISCELLANEOUS DETAILS PROJECT MANUAL 2022 POND MAINTENANCE PROJECT PRIOR LAKE | SCOTT COUNTY | MINNESOTA DECEMBER 21, 2021 Prepared for: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 CITY PROJECT NO. 2021-19 WSB PROJECT NO.018387-000 PROJECT MANUAL 2022 POND MAINTENANCE PROJECT TITLE SHEET CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 2022 POND MAINTENANCE PROJECT CITY PROJECT NO. 2021-19 FOR THE CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA DECEMBER 21, 2021 Prepared By: CERTIFICATION 2022 POND MAINTENANCE PROJECT CERTIFICATION CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 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. Jacob H. Newhall, PE Date: December 21,2021 Lic. No. 49170 TABLE OF CONTENTS 2022 POND MAINTENANCE PROJECT TABLE OF CONTENTS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 TITLE SHEET CERTIFICATION TABLE OF CONTENTS BIDDING REQUIREMENTS ADVERTISEMENT FOR BIDS * INSTRUCTIONS TO BIDDERS * BIDDER INFORMATION FORM * STATEMENT OF ESTIMATED QUANTITIES BID BOND FORM (EJCDC C-430, 2018) NOTICE TO BIDDERS – PROMPT PAYMENT TO SUBCONTRACTORS CONTRACT FORMS NON-COLLUSION AFFIDAVIT RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE FORM AGREEMENT AND GENERAL CONDITIONS FOR PUBLIC IMPROVEMENTS CONTRACTOR AFFIDAVIT (IC134 FORM) EXEMPTION FROM SURETY DEPOSITS FOR NON-MN CONTRACTORS (SDE FORM) SPECIFICATIONS DIVISION 1 – GENERAL REQUIREMENTS DIVISION 2 – SPECIFICATIONS APPENDIX A ONLINE BIDDING INSTRUCTIONS ADVERTISEMENT FOR BIDS 2022 POND MAINTENANCE PROJECT ADVERTISEMENT FOR BIDS CITY OF PRIOR LAKE PROJECT NO. 2021-19 WSB PROJECT NO. 018387-000 2022 POND MAINTENANCE PROJECT CITY PROJECT NO. 2021-19 FOR THE CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that bids for the construction OF 2022 Pond Maintenance Project will be received online through QuestCDN vBid™ until Jan 13, 2022 at 10:00 am local time. Immediately following expiration of the time for receiving bids, representatives of the City of Prior Lake will publicly view bids at an online bid opening meeting. Those interested in viewing the online bid opening are welcome to join the meeting by logging on to https://zoom.us/join and entering Meeting ID 977-9334-5365 and Passcode 041882. The as-read online bid results will be available at www.questcdn.com following the bid opening. The Project includes the furnishing of all labor and materials for the construction complete in-place, of the following approximate quantities: 1 LS Clearing & Grubbing 3000 CY Excavation – Channel and Pond 600 TON Excavation – Channel and Pond (Special) 35 LF 18" RC PIPE SEWER DES 3006 CL V 20 CY Random Riprap Class III Fieldstone The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this contract. All bidders and persons or companies providing a response/submission to the Advertisement for Bids of the City of Prior Lake shall comply with the provisions of the statute. Information and Bidding Documents for the Project can be found at www.questcdn.com. Bidding Documents may be downloaded from the website for a nonrefundable fee of $45 by inputting Quest project number 8092903 on the website’s Project Search page. The website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the website www.questcdn.com. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from other sources. Bids will only be accepted via the electronic bidding service through QuestCDN. The City Council reserves the right to reject any and all bids and to waive any bids received without explanation. No bid may be withdrawn for a period of 60 days. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. DATED: December 23, 2021 BY THE ORDER OF THE CITY COUNCIL s/s Ann Orlofsky City Clerk City of Prior Lake PUBLISHED IN: Prior Lake American December 25, 2021 and January 1, 2022 Finance and Commerce December 24, 2021 INSTRUCTIONS TO BIDDERS 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 INTRODUCTION ..........................................................................................................................................1 1. (1103) DEFINITIONS.......................................................................................................................1 2. (1202) CONTENTS OF PROPOSAL PACKAGE.............................................................................1 3. (1203) ACCESS TO PROPOSAL PACKAGE..................................................................................1 4. PRE-BID CONFERENCE................................................................................................................2 5. USE OF ON-LINE BIDDING TOOL.................................................................................................2 6. QUALIFICATIONS OF BIDDERS....................................................................................................2 7. (1205) EXAMINATION OF PROPOSAL PACKAGE AND SITE OF WORK....................................3 8. CONTRACT TIMES.........................................................................................................................4 9. (1206) PREPARATION AND DELIVERY OF PROPOSAL..............................................................4 10. (1208) PROPOSAL GUARANTY.....................................................................................................5 11. (1210) REVISION OF PROPOSAL PACKAGE OR WITHDRAWAL OF PROPOSALS..................6 12. (1211) CONDITIONAL PROPOSALS..............................................................................................6 13. (1212) OPENING OF PROPOSALS................................................................................................6 14. (1301) CONSIDERATION OF PROPOSALS ..................................................................................7 15. (1302) AWARD OF CONTRACT.....................................................................................................7 16. (1305) REQUIREMENTS OF CONTRACT BOND..........................................................................7 17. (1306) EXECUTION AND APPROVAL OF CONTRACT.................................................................8 18. SUBSTITUTE AND “OR EQUAL” ITEMS........................................................................................8 19. SURETY DEPOSITS.......................................................................................................................8 20. NONDISCRIMINATION IN EMPLOYMENT ....................................................................................8 INSTRUCTIONS TO BIDDERS 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 INTRODUCTION These Instructions to Bidders amend or supplement the Definitions and Terms, the Bidding Requirements and Conditions, and the Bidding Requirements and Covenants contained in Division I of the Minnesota Department of Transportation (MnDOT) Standard Specifications for Construction (2018 Edition). All provisions, which are not so amended or supplemented, remain in full force and effect. 1. (1103) DEFINITIONS The definitions in MnDOT 1103 are modified and/or supplemented as follows: DEPARTMENT. The Department shall mean the City of Prior Lake. PROPOSAL. The Bid, as defined in Paragraph 1.01 of the General Conditions. PROPOSAL PACKAGE. The Bidding Documents, as defined in Paragraph 1.01 of the General Conditions. 2. (1202) CONTENTS OF PROPOSAL PACKAGE MnDOT 1202 is deleted in its entirety and replaced with the following: 1202 CONTENTS OF PROPOSAL PACKAGE Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 3. (1203) ACCESS TO PROPOSAL PACKAGE MnDOT 1203 is deleted in its entirety and replaced with the following: 1203 ACCESS TO PROPOSAL PACKAGE Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. Bidder may register as a plan holder and obtain complete sets of Bidding Documents online at www.questcdn.com as indicated in the Advertisement or invitation to bid. Bidders may rely that sets of Bidding Documents obtained from www.questcdn.com are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf). It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 2 Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents described above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information. 4. PRE-BID CONFERENCE A pre-bid conference will not be conducted for this Project. 5. USE OF ON-LINE BIDDING TOOL This project will be bid using QuestCDN’s on-line bidding tool known as VirtuBid™ (vBid™). Only bids received through vBid™ will be accepted. See the Project Manual Appendix for instructions on the use of this bidding tool. 6. QUALIFICATIONS OF BIDDERS A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. No requirement to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 6.1 RESPONSIBLE CONTRACTOR The successful bidder must be a “responsible contractor.” The term “responsible contractor” means a contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the verification requirements 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 prime contractor, subcontractor, or motor carrier that makes a false statement under oath verifying compliance with the minimum criteria will be ineligible to be awarded a construction contract on the project, and the submission of a false statement may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits the false statement. A prime contractor shall include in its verification of compliance a list of all of its first-tier subcontractors that it intends to retain for work on the project. Before execution of a construction contract, a prime contractor shall submit a supplemental verification under oath confirming that all subcontractors and motor carriers that the prime contractor intends to use to perform project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contractor. 6.2 RESPONSIBLE/RESPONSIVE BID A “responsible” bid is a bid from a Bidder that has: a. Financial resources, technical qualifications, experience, organization and facilities adequate to carry out the project, or a demonstrated ability to obtain these; b. Resources to meet the completion schedule contained in the Agreement; and c. A satisfactory performance record for completion of other projects. A “responsive” bid must include the following: 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 3 a. Completed Bid Worksheet submitted electronically via QuestCDN vBid™; b. Completed Bidder Information Form; c. Non-Collusion Affidavit; d. Responsible Contractor Verification and Certification of Compliance Form; e. Bid Security in accordance with MnDOT 1208. 6.3 FURNISHING OF EVIDENCE OF RESPONSIBILITY When requested by the Owner, the bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not more than 60 days prior to the date of the opening of the bids which shall set forth outstanding assets and liabilities in reasonable detail. The bidder shall also furnish when requested, a list of work of a similar nature performed with dates of completion thereof. The bidder shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the Owner prior to the acceptance of any Bid. 7. (1205) EXAMINATION OF PROPOSAL PACKAGE AND SITE OF WORK MnDOT 1205 is modified and/or supplemented with the following: 1205.1 PROPOSAL PACKAGE AND SITE OF WORK Amend the first paragraph of MnDOT 1205.1 by adding the following immediately after the first sentence: Each Bidder shall become familiar with and satisfy itself as to all laws and regulations that may affect cost, progress and performance of the work. Add the following new paragraphs to MnDOT 1205.1: The Project Site is identified in the Bidding Documents. The Site includes right-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. Review of the project site includes but is not limited to the structure of the ground, the existence of surface and ground water, the availability of drainage, and obstacles which may be encountered. Review of haul routes includes but is not limited to means of approach to the site, manner of delivery and handing of materials, and transporting of equipment. No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work, which result from failure to make necessary examinations and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract. Nor will they be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. No bidder may rely upon any statements or representations of any officer, agent, or employee of the Owner as to the conditions of the work, the character of the soils, or other hazards which may be encountered during construction. 1205.2 ADDITIONAL INFORMATION Add the following new paragraph to MnDOT 1205.2: The above shall also apply if the test boring information is provided in the form of boring logs. Add the following to new paragraph to MnDOT 1205: 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 4 1205.3 BIDDER’S REPRESENTATIONS AND CERTIFICATIONS The Bidder Information Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. 8. CONTRACT TIMES The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement. Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. 9. (1206) PREPARATION AND DELIVERY OF PROPOSAL MnDOT 1206 is deleted in its entirety and replaced with the following: 1206 PREPARATION AND DELIVERY OF PROPOSAL 1206.1 BASIS OF BID Bidders must submit a Bid on a unit price basis for each item of Work listed in the Bid Worksheet using the vBid™ portal. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Worksheet, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The Bid Unit Price shall be offered as a dollar value to two decimal places ($XXX.XX). The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. For cash allowances the Bid Price must include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profits, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. 1206.2 PREPARATION OF PROPOSALS The Bidder Information Form included with the Bidding Documents is to be completed, signed, and submitted electronically with the Bid. The Bidder shall complete the Bid Worksheet using the vBid™ portal. A Bid price shall be indicated for each section, bid item, alternate, and unit price item listed therein. If a Unit Price of zero dollars is proposed, entered 0.00 into the Unit Price. If a Unit Price or extended amount of less than one dollar is proposed, enter the zero before the decimal point in those entries. If a correction is necessary, simply un-submit the bid, modify the amount in the Bid Worksheet, and resubmit the bid. The bid amounts may be changed multiple times and resubmitted until the bid opening date and time. View the information in the Appendix regarding submitting, un-submitting, and if applicable, resubmitting a bid. A Bid by a corporation must be executed on the Bidder Information Form in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 5 A Bid by a partnership must be executed on the Bidder Information Form 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 must be shown. A Bid by a limited liability company must be executed on the Bidder Information Form in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown. A Bid by an individual must show the Bidder’s name and official address on the Bidder Information Form. A Bid by a joint venture must be executed on the Bidder Information Form by an authorized representative of each joint venturer in the manner indicated on the Bidder Information Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown. All names must be printed below the signatures. Bidders are not able to submit bid without download of all Addenda. Acknowledgment of the download and receipt of each Addendum occurs digitally through vBid™ when each Addendum is properly downloaded by the Bidder. Postal and email addresses and telephone number for communications regarding the Bid must be shown on the Bidder Information Form. The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bidder Information Form. 1206.3 DELIVERY OF PROPOSAL The Bidder shall submit its Bid Worksheet by using the vBid™ portal. The Bidder Information Form, Non-Collusion Affidavit, the Responsible Contractor Verification and Certification of Compliance Form, and the Notice to Bidders – Bidder’s Acknowledgement are also to be submitted using the vBid™ portal. These items can be downloaded and printed from vBid™, signed/executed, and then uploaded to the portal. The Bidder shall submit the Bid security electronically. A scanned copy of the Bid Bond is to be uploaded to the vBid™ portal prior to submitting a bid. Bids must be received no later than the time set for receiving them in the Advertisement for Bids. View the instructions in the Appendix for submitting your bid on-line. Bidders must ensure than Bids are submitted successfully. Electronic bids will not be accepted after the date and time for receiving Bids. 10. (1208) PROPOSAL GUARANTY A Bid must be accompanied by Bid security in an amount of 5 percent of the Bidder’s maximum Bid price (determined by adding the base bid and all alternates). MnDOT 1208 is modified and/or supplemented with the following: 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 6 Modify the third item in the first paragraph of MnDOT 1208 to read as follows: (3) In the form of a bond. The Bid Bond form included with the Bidding Documents may be used. 11. (1210) REVISION OF PROPOSAL PACKAGE OR WITHDRAWAL OF PROPOSALS MnDOT 1210 is modified and/or supplemented as follows: Delete the first two paragraphs of MnDOT 1210 and replace with the following: If submitting a Bid, the Bidder may revise its Bid an unlimited number of times and may withdraw its Bid before the date and time for opening Bids through the vBid™ portal. View the information in the Appendix regarding submitting, un-submitting, and if applicable, resubmitting a bid. Add the following new paragraphs to MnDOT 1210: Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Direct questions about this Project to Paul Hornby at 651.286.8453 or phornby@wsbeng.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. QuestCDN vBid™ will not allow the submittal of a Bid without all Addenda being properly downloaded. Acknowledgement of the download and receipt of each Addendum occurs digitally through vBid™ when each Addendum is properly downloaded by the Bidder. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work. 12. (1211) CONDITIONAL PROPOSALS MnDOT 1211 is deleted in its entirety and replaced with the following: 1211 CONDITIONAL PROPOSALS The Bidder shall not stipulate in its Bid any conditions not provided for on the Bid Worksheet. 13. (1212) OPENING OF PROPOSALS MnDOT 1212 is deleted in its entirety and replaced with the following: 1212 OPENING OF PROPOSALS Bids will be opened on-line at the time and place indicated in the advertisement or invitation to bid 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 opening of Bids. 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 7 14. (1301) CONSIDERATION OF PROPOSALS MnDOT 1301 is modified and/or supplemented with the following: Add the following new paragraphs to MnDOT 1301: Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the 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. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bidder Information Form or prior to the Notice of Award. In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. 15. (1302) AWARD OF CONTRACT MnDOT 1302 is modified and/or supplemented with the following: Modify the first sentence to read as follows: Within 60 days after opening proposals, the Owner will award the Contract to the lowest responsible Bidder provided that the lowest responsible Bidder complies with the Bidding Requirements. Add the following new paragraphs to MnDOT 1302: Owner reserves the right to delete any line item from the Bid prior to final Contract execution. All Bids will remain subject to acceptance for the period of time stated in the Bidder Information Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. 16. (1305) REQUIREMENTS OF CONTRACT BOND MnDOT 1305 is modified and or supplemented with the following: Add the following new paragraph to MnDOT 1305: In addition to the performance and payment bonds required by MINN. STAT. 574.26, Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s 2022 POND MAINTENANCE PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 8 requirements as to bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation. 17. (1306) EXECUTION AND APPROVAL OF CONTRACT MnDOT 1306 is modified and/or supplemented with the following: Delete the first paragraph in its entirety and replace with the following: When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. Modify the second paragraph to read as follows: If the Contract specifies the Contract time as working days and the lowest responsible Bidder fails to return the signed Contract documents within 15 days, the Owner may reduce the Contract Time to reflect the delay caused by the Contractor. 18. SUBSTITUTE AND “OR EQUAL” ITEMS The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. 19. SURETY DEPOSITS All out-of-state contractors on construction work over $100,000 will be required to file an exemption from Surety Deposit (Form SDE) prior to their first progress payment. 20. NONDISCRIMINATION IN EMPLOYMENT If awarded the Contract, the Bidder (as Contractor) agrees not to discriminate on account of race, creed or color as required by Minnesota Statutes, section 181.69 and Minnesota Statutes, chapter 363A. BIDDER INFORMATION FORM PAGE 1 of 2 Project Name: Bid Opening Date: Bid Opening Time: Bidder: Address: City, State, Zip: Email Address: Telephone No.: This Bid is submitted for the above referenced project electronically to QuestCDN vBid™: 1. 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 in this Bid, within the times required, and in accordance with the other terms and conditions of the Bidding Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This 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. In submitting this Bid, Bidder represents the following: a. Bidder has examined and carefully studied the Bidding Documents, including Addenda. b. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. c. Bidder is familiar with all 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 adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings; and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. e. Bidder has considered the information known to Bidder itself; 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 Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data 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, if selected as Contractor; and (3) Bidder’s (Contractor’s) safety precautions and programs. f. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no 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. 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 given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. i. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. j. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. PAGE 2 of 2 4. Bidder will perform the following Work at the unit prices submitted electronically via QuestCDN vBid™. The bid item list that follows this section is provided for information only. 5. Bidder acknowledges that: (a) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (b) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 6. Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7. Bidder accepts the provisions of the Agreement as to liquidated damages. 8. Bidder is not able to submit a Bid without downloading all Addenda. Acknowledgment of the download and receipt of each Addendum occurs digitally through vBid™ when each Addendum is properly downloaded by the Bidder. 9. The following documents are submitted electronically with and made a condition of this Bid: a. Bidder Information Form; b. Non-Collusion Affidavit; c. Responsible Contractor Verification and Certification of Compliance; d. Notice to Bidders – Bidder’s Acknowledgement; and e. Bid Security. BIDDER: [indicate correct name of bidding entity] By: (Signature) Printed Name: Title: Date: Address for giving notices: Bidder is a: Corporation Partnership Joint Venture: [attach evidence of authority to sign] Attest: [company name] Signature: Printed Name: Title: Date: Federal Employer ID Number (EIN): 2022 POND MAINTENANCE PROJECT STATEMENT OF ESTIMATED QUANTITIES CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 STATEMENT OF ESTIMATED QUANTITIES Line No. Item No. Item Units Quantity BASE BID 1 2021.501 MOBILIZATION LS 1 2 2563.601 TRAFFIC CONTROL LS 1 3 2101.501 CLEARING & GRUBBING LS 1 4 2104.502 REMOVE WOODEN WEIR STRUCTURE EA 1 5 2104.502 REMOVE OUTLET CONTROL STRUCTURE EA 1 6 2104.502 REMOVE RC PIPE APRON EA 2 7 2104.503 REMOVE STORM SEWER PIPE L F 36 8 2105.601 DEWATERING LS 1 9 2503.503 36" SPAN PIPE ARCH SEWER CL IIA L F 16 10 2501.502 36" SPAN RC PIPE-ARCH APRON EA 2 11 2106.507 EXCAVATION - CHANNEL AND POND C Y 3000 12 2016.509 EXCAVATION - CHANNEL AND POND (SPECIAL) TON 600 13 2511.504 GEOTEXTILE FILTER TYPE 4 S Y 26 14 2511.507 RANDOM RIPRAP CLASS III (FIELDSTONE) CY 30 15 2511.507 GRANULAR FILTER C Y 40 16 2573.502 STORM DRAIN INLET PROTECTION EACH 3 17 2573.503 SILT FENCE, TYPE MS L F 1500 18 2575.505 SEEDING ACRE 0.4 19 2575.508 SEED MIXTURE 25-131 LB 15 20 2575.508 SEED MIXTURE 33-261 LB 20 21 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N S Y 2100 22 2574.508 FERTILIZER TYPE 4 LB 70 23 2573.502 CONSTRUCTION EXIT EACH 1 EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 BID BOND (PENAL SUM FORM) Bidder Surety Name:[Full formal name of Bidder]Name:[Full formal name of Surety] Address (principal place of business):Address (principal place of business): [Address of Bidder’s principal place of business][Address of Surety’s principal place of business] Owner Bid Name:[Full formal name of Owner]Project (name and location): Address (principal place of business):[Owner project/contract name, and location of the project][Address of Owner’s principal place of business] Bid Due Date:[Enter date bid is due] Bond Penal Sum:[Amount] Date of Bond:[Date] Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety (Full formal name of Bidder)(Full formal name of Surety) (corporate seal) By:By: (Signature)(Signature) (Attach Power of Attorney) Name:Name: (Printed or typed)(Printed or typed) Title:Title: Attest:Attest: (Signature)(Signature) Name:Name: Title: (Printed or typed) Title: (Printed or typed) Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. NOTICE TO BIDDERS Minnesota Statutes require prompt payment to subcontractors: Minn. Stat. § 471.425 PROMPT PAYMENT OF LOCAL GOVERNMENT BILLS. Subdivision 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. . . . (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the Metropolitan Council or any board or agency created under chapter 473. . . . Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. 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 prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. Minn. Stat. § 15.72 PROGRESS PAYMENTS ON PUBLIC CONTRACTS; RETAINAGE. . . . Subd. 2. Retainage. . . . (c) A contractor on a public contract for a public improvement must pay all remaining retainage to its subcontractors no later than ten days after receiving payment of retainage from the public contracting agency, unless there is a dispute about the work under a subcontract. If there is a dispute about the work under a subcontract, the contractor must pay out retainage to any subcontractor whose work is not involved in the dispute, and must provide a written statement detailing the amount and reason for the withholding to the affected subcontractor. NON-COLLUSION AFFIDAVIT PAGE 1 of 1 PROJECT NAME_____________________________________________________ The following Non-Collusion Affidavit shall be executed by the bidder: State Project No. Federal Project No. State of County of I, [name] , do state under penalty of perjury under 28 U.S.C. 1746 of the laws of the United States: (1)that I am the authorized representative of [company] and that I have the authority to make this affidavit for and on behalf of said bidder; (2)that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3)that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his/her employees or agents to any person who is not an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will not be communicated to any person who is not an employee or agent of the bidder or of said surety prior to the official opening of the proposal; and (4)that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signature: [Signature of bidder or his/her authorized representative] Revised 2/3/2021 Page 1 of 5 ATTACHMENT A PRIME CONTRACTOR RESPONSE RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE STATE PROJECT NUMBER: ____________________________________________________ This form includes changes by statutory references from the Laws of Minnesota 2015, chapter 64, sections 1-9. This form must be submitted with the response to this solicitation. A response received without this form, will be rejected. Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. … any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or 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… Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is “repeated” only if it involves two or more separate and distinct occurrences of underpayment during the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii)has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv)has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Revised 2/3/2021 Page 2 of 5 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. 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). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. Revised 2/3/2021 Page 3 of 5 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325L.02, paragraph (h). CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I certify under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, and 2) if my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Revised 2/3/2021 Page 4 of 5 ATTACHMENT A-1 FIRST-TIER SUBCONTRACTORS LIST SUBMIT PRIOR TO EXECUTION OF A CONTRUCTION CONTRACT STATE PROJECT NUMBER: ____________________________________________________ Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. FIRST TIER SUBCONTRACTOR NAMES* (Legal name of company as registered with the Secretary of State) Name of city where company home office is located *Attach additional sheets as needed for submission of all first-tier subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1 By signing this document I certify that I am an owner or officer of the company, and I certify under oath that: All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: Revised 2/3/2021 Page 5 of 5 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT STATE PROJECT NUMBER: ____________________________________________________ This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5. … If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. … ADDITIONAL SUBCONTRACTOR NAMES* (Legal name of company as registered with the Secretary of State) Name of city where company home office is located *Attach additional sheets as needed for submission of all additional subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I certify under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 THIS AGREEMENT is by and between the City of Prior Lake (“Owner”) and (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby 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: The furnishing of all labor, materials, tools, and equipment necessary to complete the pond excavation, berm construction, storm sewer, and appurtenant work. ARTICLE - 2 THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2022 Pond Maintenance Project for the City of Prior Lake, MN, WSB Project No. 018387-000. ARTICLE - 3 ENGINEER 3.01 The Owner has retained WSB & Associates, Inc. d/b/a WSB (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by WSB & Associates, Inc. d/b/a WSB. ARTICLE - 4 CONTRACT TIMES 4.01 Time is 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. A. The Work will be substantially completed on or before June 3, 2022, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 1, 2022. Substantially completed is defined as the completion of all storm sewer, pond excavation, berm construction, and restoration. Final completion for the project is defined as vegetation establishment, cleanup, removal of temporary erosion control devices, the completion of all punch list items, and the paperwork. The final completion date shall be July 1, 2022. 4.02 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 and other losses if the Work is not completed and 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 2 Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. The liquidated damages shall be in accordance with MnDOT Table 1807-1 Schedule of Liquidated Damages for all stated completion dates, as well as any intermediate completion dates. ARTICLE - 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A.Contract Price: _______________________________ and XX/100 Dollars ($__________) for Base Bid subject to adjustment based on the provisions of the Contract. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. The Contractor’s Bid, attached hereto as an exhibit, provides the basis for the extended prices for the Unit Price Work. ARTICLE - 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 the basis of Contractor’s Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of Work completed (with the balance being retainage). 1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 3 b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Contractor shall submit to the Engineer an Application for Payment for the retainage amount less the following amounts: 1. 250 percent of the anticipated cost to complete the punch list items; and 2. the greater of $500 or 1 percent of the Contract price to ensure delivery of final paperwork which includes, but is not limited to operation manuals, payroll documents for projects subject to prevailing wage requirements, and the IC134 form. The Owner, upon certification from the Engineer, shall make payment of any undisputed amounts within 30 days of receipt of the Application for Payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or at any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due shall bear interest at the rate of 1.5 percent per month. ARTICLE - 7 CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of ___ sheets with each sheet bearing the following general title: ___, dated ___. 7. Addenda (numbers ___ to ___, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Completed Bid Form. b. Non-Collusion Affidavit. c. Responsible Contractor Verification and Certification of Compliance Form. 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 4 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Maintenance Bond. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE - 8 REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce the Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings; and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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 the Contract. 7. 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. 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 5 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this Contract. This Contract may be terminated by the Owner at any time upon discovery by the Owner that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in the Statute. B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this Contract. 1. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. 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 prime contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineer’s Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. 2022 POND MAINTENANCE PROJECT AGREEMENT CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). Owner:Contractor: By:By: Date:Date: Name:Name: Title:Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest:Attest: Title:Title: Address for giving notices:Address for giving notices: Designated Representative:Designated Representative: Name:Name: Title:Title: Address:Address: EJCDC® C‐610, Performance Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 1 of 4  PERFORMANCE BOND  Contractor Surety  Name: [Full formal name of Contractor] Name: [Full formal name of Surety]  Address (principal place of business): Address (principal place of business):  [Address of Contractor’s principal place of  business]  [Address of Surety’s principal place of business]  Owner Contract  Name: [Full formal name of Owner] Description (name and location):  Mailing address (principal place of business): [Owner’s project/contract name, and location of  the project]  [Address of Owner’s principal place of business]  Contract Price: [Amount from Contract]  Effective Date of Contract: [Date from Contract]  Bond   Bond Amount: [Amount]  Date of Bond: [Date]  (Date of Bond cannot be earlier than Effective Date of Contract)  Modifications to this Bond form:  ☐ None ☐ See Paragraph 16  Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this  Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer,  agent, or representative.  Contractor as Principal  Surety      (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By:   By:   (Signature) (Signature)(Attach Power of Attorney) Name:    Name:   (Printed or typed) (Printed or typed)  Title:    Title:   Attest:    Attest:   (Signature) (Signature)  Name:    Name:   (Printed or typed) (Printed or typed)  Title:    Title:   Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to  Contractor, Surety, Owner, or other party is considered plural where applicable.     EJCDC® C‐610, Performance Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 2 of 4  1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,  administrators, successors, and assigns to the Owner for the performance of the Construction  Contract, which is incorporated herein by reference.  2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no  obligation under this Bond, except when applicable to participate in a conference as provided in  Paragraph 3.  3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond  will arise after:  3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering  declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a  conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance.  If the Owner does not request a conference, the Surety may, within five (5) business days after  receipt of the Owner’s notice, request such a conference. If the Surety timely requests a  conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference  requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s  receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the  Contractor shall be allowed a reasonable time to perform the Construction Contract, but such  an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor  Default;  3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the  Surety; and  3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of  the Construction Contract to the Surety or to a contractor selected to perform the Construction  Contract.  4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not  constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the  Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.  5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the  Surety’s expense take one of the following actions:  5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the  Construction Contract;  5.2. Undertake to perform and complete the Construction Contract itself, through its agents or  independent contractors;  5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a  contract for performance and completion of the Construction Contract, arrange for a contract  to be prepared for execution by the Owner and a contractor selected with the Owners  concurrence, to be secured with performance and payment bonds executed by a qualified  surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the  amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price  incurred by the Owner as a result of the Contractor Default; or  5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor,  and with reasonable promptness under the circumstances:  EJCDC® C‐610, Performance Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 3 of 4  5.4.1 After investigation, determine the amount for which it may be liable to the Owner and,  as soon as practicable after the amount is determined, make payment to the Owner; or  5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.  6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety  shall be deemed to be in default on this Bond seven days after receipt of an additional written notice  from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and  the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as  provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in  whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available  to the Owner.  7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to  the Owner will not be greater than those of the Contractor under the Construction Contract, and the  responsibilities of the Owner to the Surety will not be greater than those of the Owner under the  Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract  Price, the Surety is obligated, without duplication for:  7.1. the responsibilities of the Contractor for correction of defective work and completion of the  Construction Contract;  7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default,  and resulting from the actions or failure to act of the Surety under Paragraph 5; and  7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract,  actual damages caused by delayed performance or non‐performance of the Contractor.  8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount  of this Bond.  9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are  unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or  set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any  person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.  10. The Surety hereby waives notice of any change, including changes of time, to the Construction  Contract or to related subcontracts, purchase orders, and other obligations.  11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent  jurisdiction in the location in which the work or part of the work is located and must be instituted  within two years after a declaration of Contractor Default or within two years after the Contractor  ceased working or within two years after the 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit will be  applicable.  12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown  on the page on which their signature appears.  13. When this Bond has been furnished to comply with a statutory or other legal requirement in the  location where the construction was to be performed, any provision in this Bond conflicting with said  statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such  EJCDC® C‐610, Performance Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 4 of 4  statutory or other legal requirement will be deemed incorporated herein. When so furnished, the  intent is that this Bond will be construed as a statutory bond and not as a common law bond.  14. Definitions  14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under  the Construction Contract after all proper adjustments have been made including allowance for  the Contractor for any amounts received or to be received by the Owner in settlement of  insurance or other claims for damages to which the Contractor is entitled, reduced by all valid  and proper payments made to or on behalf of the Contractor under the Construction Contract.  14.2. Construction Contract—The agreement between the Owner and Contractor identified on the  cover page, including all Contract Documents and changes made to the agreement and the  Contract Documents.  14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to  perform or otherwise to comply with a material term of the Construction Contract.  14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the  Contractor as required under the Construction Contract or to perform and complete or comply  with the other material terms of the Construction Contract.  14.5. Contract Documents—All the documents that comprise the agreement between the Owner and  Contractor.  15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor  in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.  16. Modifications to this Bond are as follows: [Describe modification or enter “None”]    EJCDC® C‐615, Payment Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 1 of 4  PAYMENT BOND  Contractor Surety  Name: [Full formal name of Contractor] Name: [Full formal name of Surety]  Address (principal place of business): Address (principal place of business):  [Address of Contractor’s principal place of  business]  [Address of Surety’s principal place of business]  Owner Contract  Name: [Full formal name of Owner] Description (name and location):  Mailing address (principal place of business): [Owner’s project/contract name, and location of  the project] [Address of Owner’s principal place of business]  Contract Price: [Amount, from Contract]  Effective Date of Contract: [Date, from Contract]  Bond   Bond Amount: [Amount]  Date of Bond: [Date]  (Date of Bond cannot be earlier than Effective Date of Contract)  Modifications to this Bond form:  ☐ None ☐ See Paragraph 18  Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this  Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or  representative.  Contractor as Principal  Surety      (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By:   By:   (Signature) (Signature)(Attach Power of Attorney) Name:    Name:   (Printed or typed) (Printed or typed)  Title:    Title:   Attest:    Attest:   (Signature) (Signature)  Name:    Name:   (Printed or typed) (Printed or typed)  Title:    Title:   Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to  Contractor, Surety, Owner, or other party is considered plural where applicable.     EJCDC® C‐615, Payment Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 2 of 4  1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,  administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment  furnished for use in the performance of the Construction Contract, which is incorporated herein by  reference, subject to the following terms.  2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies,  and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking  payment for labor, materials, or equipment furnished for use in the performance of the Construction  Contract, then the Surety and the Contractor shall have no obligation under this Bond.  3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner  under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the  address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the  Owner’s property by any person or entity seeking payment for labor, materials, or equipment  furnished for use in the performance of the Construction Contract, and tendered defense of such  claims, demands, liens, or suits to the Contractor and the Surety.  4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the  Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim,  demand, lien, or suit.  5. The Surety’s obligations to a Claimant under this Bond will arise after the following:  5.1. Claimants who do not have a direct contract with the Contractor  5.1.1. have furnished a written notice of non‐payment to the Contractor, stating with  substantial accuracy the amount claimed and the name of the party to whom the  materials were, or equipment was, furnished or supplied or for whom the labor was  done or performed, within ninety (90) days after having last performed labor or last  furnished materials or equipment included in the Claim; and  5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).  5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim  to the Surety (at the address described in Paragraph 13).  6. If a notice of non‐payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that  is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non‐payment under  Paragraph 5.1.1.  7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the  Surety shall promptly and at the Surety’s expense take the following actions:  7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt  of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts  that are disputed; and  7.2. Pay or arrange for payment of any undisputed amounts.  7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed  to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,  except as to undisputed amounts for which the Surety and Claimant have reached agreement.  If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety  shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter  to recover any sums found to be due and owing to the Claimant.  EJCDC® C‐615, Payment Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 3 of 4  8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable  attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any  payments made in good faith by the Surety.  9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the  performance of the Construction Contract and to satisfy claims, if any, under any construction  performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that  all funds earned by the Contractor in the performance of the Construction Contract are dedicated to  satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to  use the funds for the completion of the work.  10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that  are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs  or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make  payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants  under this Bond.  11. The Surety hereby waives notice of any change, including changes of time, to the Construction  Contract or to related subcontracts, purchase orders, and other obligations.  12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent  jurisdiction in the state in which the project that is the subject of the Construction Contract is located  or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety  pursuant to Paragraph 5.1.2 or 5.2, 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 Construction 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 will  be applicable.  13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the  address shown on the page on which their signature appears. Actual receipt of notice or Claims,  however accomplished, will be sufficient compliance as of the date received.  14. When this Bond has been furnished to comply with a statutory or other legal requirement in the  location where the construction was to be performed, any provision in this Bond conflicting with said  statutory or legal requirement will be deemed deleted here from and provisions conforming to such  statutory or other legal requirement will be deemed incorporated herein. When so furnished, the  intent is that this Bond will be construed as a statutory bond and not as a common law bond.  15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the  Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.  16. Definitions  16.1. Claim—A written statement by the Claimant including at a minimum:  16.1.1. The name of the Claimant;  16.1.2. The name of the person for whom the labor was done, or materials or equipment  furnished;  16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or  equipment was furnished for use in the performance of the Construction Contract;  16.1.4. A brief description of the labor, materials, or equipment furnished;  EJCDC® C‐615, Payment Bond.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 4 of 4  16.1.5. The date on which the Claimant last performed labor or last furnished materials or  equipment for use in the performance of the Construction Contract;  16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished  as of the date of the Claim;  16.1.7. The total amount of previous payments received by the Claimant; and  16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment  furnished as of the date of the Claim.  16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a  subcontractor of the Contractor to furnish labor, materials, or equipment for use in the  performance of the Construction Contract. The term Claimant also includes any individual or  entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute  against the real property upon which the Project is located. The intent of this Bond is to include  without limitation in the terms of “labor, materials, or equipment” that part of the water, gas,  power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction  Contract, architectural and engineering services required for performance of the work of the  Contractor and the 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.  16.3. Construction Contract—The agreement between the Owner and Contractor identified on the  cover page, including all Contract Documents and all changes made to the agreement and the  Contract Documents.  16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the  Contractor as required under the Construction Contract or to perform and complete or comply  with the other material terms of the Construction Contract.  16.5. Contract Documents—All the documents that comprise the agreement between the Owner and  Contractor.  17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor  in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.  18. Modifications to this Bond are as follows: [Describe modification or enter “None”]  Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this Contractor Affidavit has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval Date (Rev. 12/17) IC134 Contractor Affidavit This Contractor Affidavit must be certified by the Minnesota Department of Revenue before the state of Minnesota or any of its subdi- visions can make final payment to contractors. For more detailed information, see the instructions on the back of this form. Company name Daytime phone Minnesota tax ID number Address Total contract amount Month/year work began City State ZIP code Amount still due Month/year work ended Please type or print clearly. This information will be used for returning the completed form. $ $ Project number Project location Project owner Address City State ZIP code Did you have employees work on this project? Yes No. If no, who did the work? I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. Contractor’s signature Title Date Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Phone: 651-282-9999 or 1-800-657-3594 Check the box that describes your involvement in the project and fill in all information requested. Sole contractor Subcontractor Name of contractor who hired you Address Prime contractor—If you subcontracted out any work on this project, all of your subcontractors must submit their own Contractor Affidavits and have them certified by the Department of Revenue before you can submit your Contractor Affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor’s certified Contractor Affidavit. If you need more space, attach a separate sheet. Business name Address Owner/Officer Form IC134 Instructions Minnesota Tax ID Number You must have a Minnesota tax ID number if you have employees who work in Min- nesota. You must enter your Minnesota tax ID number on Form IC134. If you don’t have a Minnesota tax ID number, apply online at www.revenue.state.mn.us or by calling our Business Registration Office at 651-282- 5225 or 1-800-657-3605. If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. Instead, enter your Social Security number in the space for Minnesota tax ID number and explain who did the work. Submit Contractor Affidavit Form IC134 cannot be processed by the Department of Revenue until you finish the work. If you submit the form before the project is completed, it will be returned to you unprocessed. If any withholding payments are due to the state, Minnesota law requires certified pay- ments before we approve your Form IC134. If you are a subcontractor or sole contrac- tor, submit the form when you have com- pleted your part of the project. If you are a prime contractor, submit the form when the entire project is completed and you have received certified Contractor Affidavits from all of your subcontractors. If you’re a prime contractor and a subcontractor on the same project If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contrac- tor as well. Complete both the subcontrac- tor and prime contractor areas on a single Form IC134. You may submit your Contractor Affidavit either electronically or by mail. This af- fidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. Contractor Affidavit No state agency or local unit of government can make final payment to a contractor until the Department of Revenue has certified that the contractor and any subcontractor have fulfilled the requirements of Minne- sota withholding tax laws. If you are a prime contractor, a contractor or a subcontractor who did work on a proj- ect for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must submit a Contractor Affidavit to the Depart- ment of Revenue to receive a certificate of compliance. Use of Information The Department of Revenue needs all the requested information to determine if you have met the state income tax withholding requirements. If all required information is not provided, Form IC134 will be returned to you for completion. All information on this Contractor Affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. For an immediate response: Complete and submit your Contractor Affidavit electroni- cally. Go to www.revenue.state.mn.us and choose Withholding Tax. Under the File and Pay tab, click on Contractor Affidavit Information for Government Projects. You may complete and mail Form IC134 to: Minnesota Revenue, Mail Station 6610, St. Paul, MN, 55146-6610. If you have fulfilled the requirements of Minnesota withholding tax laws, the department will sign your Form IC134 and return it to you. To receive your final payment, submit the certified Contractor Affidavit to the govern- ment unit for which the work was done. If you are a subcontractor, submit the certified Contractor Affidavit to your prime contrac- tor to receive your final payment. Information and Assistance Additional forms and information, includ- ing fact sheets and frequently asked ques- tions, are available on our website. Website: www.revenue.state.mn.us Email: withholding.tax@state.mn.us Phone: 651-282-9999 or 1-800-657-3594 This information is available in alternate formats. Department of Revenue Approval The above-named non-Minnesota contractor is exempt from the surety requirements of Minnesota Statute 290.9705 for this project. Department of Revenue approval Date (Rev. 12/17) SDE Exemption from Surety Deposits for Non-Minnesota Contractors Contractor Total contract amount Minnesota tax ID number Address Contact person Daytime phone City State ZIP code Contract starting date Projected completion date Business type (check one): Corporation S corporation Partnership Sole proprietor Please type or print clearly. This information will be used for returning the form to you. $ Name of business or government agency Contact person Daytime phone Contract owner’s address City State ZIP Code Project number Project location address City State ZIP code I request exemption from surety deposits under Minnesota law (M.S. 290.9705) for the following reason (check one box only and complete the information requested): I have a cash surety or a bond secured by an insurance company licensed in Minnesota. The bond must be 8 percent of the total contract amount. Attach a copy of Form SDB, Non-Minnesota Contractor’s Bond. Bonding Company Bonding Agent Address Daytime Phone City State ZIP Code Period of Bond (Month/Day/Year) From / / To / / I have done construction work in Minnesota during the past three calendar years and have fully complied with Minnesota law regarding Minnesota income, sales and use, corporate franchise, and withholding taxes. I am performing work for a government agency and have a payment and performance bond. I am performing work for a government agency and have a cash surety issued by a state bank, national bank, or savings and loan association doing business in Minnesota. I declare this information is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to send a copy of this form to the contract owner and discuss this case and related taxes with the bonding company. Contractor’s signature Title Date Mail to: Minnesota Revenue, Mail Station 6501, St. Paul, MN 55146-6501 Form SDE Instructions • The contractor gives the department a cash surety. A cash surety is evidence of a savings account, deposit or certificate of deposit in, or issued by, a state bank, national bank, or savings and loan as- sociation doing business in Minnesota. Interest and dividends earned on the principal amount may be retained by the contractor. • The contractor is performing work for a government agency and has a payment and performance bond. • The contractor has done construction work in Minnesota during the past three calendar years and has fully complied with Minnesota laws regarding with- holding, sales and use, franchise, and income taxes. If a non-Minnesota contractor is hired or contracted to perform construction work in Minnesota, the person or business who is paying the contractor must withhold 8 per- cent of the payment as a Minnesota surety deposit. Unless the contractor has received exemp- tion from surety deposits, payments made to the contractor are subject to 8 percent withholding, if: • the construction work was performed in Minnesota; and • the total amount paid to the non-Minne- sota construction contractor during the year exceeds $50,000. Who can apply? A non-Minnesota contractor can apply for an exemption if your contract exceeds or is expected to exceed $50,000 or multiple contracts have exceeded $50,000 cumula- tive per calendar year for work done in Minnesota. Before You Start You must have a Minnesota tax ID number from the Department of Revenue to request an exemption from surety deposit. If you don’t have a Minnesota ID number, you may apply online at www.revenue. state.mn.us or by calling our Business Registration Office at 651-282-5225 or 1-800-657-3605. Unless the non-Minnesota construction contractor is approved for exemption, any person or business that hires or contracts with the contractor must withhold 8 percent of their compensation as a Minnesota surety deposit. The withholding amount is deposited with the department and is used as a surety to guarantee that the contractor has fulfilled the requirements for withholding, sales and use, franchise, and income taxes. For additional information regarding the 8 percent withholding, see Fact Sheet 12, Surety Deposits for Non-Minnesota Con- struction Contractors. Purpose of Form SDE If you are a non-Minnesota construction contractor and you want to apply for an ex- emption from the surety deposit (see “Ex- emption Requirements” below), complete and file Form SDE with the department before you start the project. If approved, give the original, signed Form SDE to the person or business for whom you are doing the work to show you are exempt from the 8 percent surety deposit. Surety Deposit Law If you hire or contract with a non-Minneso- ta contractor to perform construction work in Minnesota, you must withhold 8 percent (.08) of their compensation as a Minne- sota surety deposit. Payments are subject to 8 percent withholding only if the work was performed in Minnesota and the total payments during the year exceed $50,000. If the total payments exceed $50,000 in a calendar year, all of the payments, even the first $50,000, are subject to withholding. Exemption Requirements A non-Minnesota construction contrac- tor may qualify for an exemption from the surety deposit if one of the following requirements are met: • The contractor gives the department a bond that is secured by an insurance company licensed in Minnesota and is equal to 8 percent of the contract. The bond remains in effect until the con- tractor satisfies all tax liabilities. You may choose to complete Form SDB, Non-Minnesota Contractor’s Bond, to submit to the department. How to Apply To apply for an exemption from Minnesota surety deposits, file Form SDE before you start the project. Mail this form and any required attach- ments to the address on the front. If You’re Approved If we approve the exemption, we will sign the bottom of the form and return it to you. Make a copy for your records and give the original to the business for whom you are doing the work. If You’re Not Approved If we determine you’re not eligible for exemption, 8 percent of each payment made to you must be withheld by the business for whom you are doing the work and depos- ited with the Department of Revenue. To apply for a refund, complete Form SDR, Refund of Surety Deposits for Non- Minnesota Contractors. When the project is complete, and we determine that you have complied with Minnesota income, with- holding, corporate franchise and sales and use tax laws, you’ll receive a refund plus interest. Information and Assistance Additional forms and information, includ- ing fact sheets and frequently asked ques- tions, are available on our website. Website: www.revenue.state.mn.us Email: withholding.tax@state.mn.us Phone: 651-282 9999 or 1-800-657-3594 This information is available in alternate formats. Use of Information All information on this form is required except for your phone number. All information, except your Minnesota tax ID number, is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy, the contract owner or bonding company and certain government agencies as provided by law. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology .......................................................................................................1 1.01 Defined Terms ..............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article 2—Preliminary Matters.....................................................................................................................7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................7 2.02 Copies of Documents....................................................................................................................7 2.03 Before Starting Construction........................................................................................................7 2.04 Preconstruction Conference; Designation of Authorized Representatives..................................8 2.05 Acceptance of Schedules..............................................................................................................8 2.06 Electronic Transmittals.................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9 3.01 Intent............................................................................................................................................9 3.02 Reference Standards.....................................................................................................................9 3.03 Reporting and Resolving Discrepancies......................................................................................10 3.04 Requirements of the Contract Documents.................................................................................10 3.05 Reuse of Documents...................................................................................................................11 Article 4—Commencement and Progress of the Work..............................................................................11 4.01 Commencement of Contract Times; Notice to Proceed.............................................................11 4.02 Starting the Work .......................................................................................................................11 4.03 Reference Points.........................................................................................................................11 4.04 Progress Schedule.......................................................................................................................12 4.05 Delays in Contractor’s Progress..................................................................................................12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................13 5.01 Availability of Lands....................................................................................................................13 5.02 Use of Site and Other Areas........................................................................................................14 5.03 Subsurface and Physical Conditions ...........................................................................................15 5.04 Differing Subsurface or Physical Conditions...............................................................................16 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 5.05 Underground Facilities................................................................................................................17 5.06 Hazardous Environmental Conditions at Site .............................................................................19 Article 6—Bonds and Insurance .................................................................................................................21 6.01 Performance, Payment, and Other Bonds..................................................................................21 6.02 Insurance—General Provisions...................................................................................................22 6.03 Contractor’s Insurance ...............................................................................................................24 6.04 Builder’s Risk and Other Property Insurance..............................................................................25 6.05 Property Losses; Subrogation.....................................................................................................25 6.06 Receipt and Application of Property Insurance Proceeds ..........................................................27 Article 7—Contractor’s Responsibilities.....................................................................................................27 7.01 Contractor’s Means and Methods of Construction....................................................................27 7.02 Supervision and Superintendence..............................................................................................27 7.03 Labor; Working Hours.................................................................................................................27 7.04 Services, Materials, and Equipment ...........................................................................................28 7.05 “Or Equals” .................................................................................................................................28 7.06 Substitutes..................................................................................................................................29 7.07 Concerning Subcontractors and Suppliers..................................................................................31 7.08 Patent Fees and Royalties...........................................................................................................32 7.09 Permits........................................................................................................................................33 7.10 Taxes...........................................................................................................................................33 7.11 Laws and Regulations .................................................................................................................33 7.12 Record Documents .....................................................................................................................33 7.13 Safety and Protection.................................................................................................................34 7.14 Hazard Communication Programs..............................................................................................35 7.15 Emergencies................................................................................................................................35 7.16 Submittals...................................................................................................................................35 7.17 Contractor’s General Warranty and Guarantee .........................................................................38 7.18 Indemnification...........................................................................................................................39 7.19 Delegation of Professional Design Services................................................................................39 Article 8—Other Work at the Site ..............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination...............................................................................................................................41 8.03 Legal Relationships.....................................................................................................................41 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Article 9—Owner’s Responsibilities............................................................................................................42 9.01 Communications to Contractor..................................................................................................42 9.02 Replacement of Engineer............................................................................................................42 9.03 Furnish Data................................................................................................................................42 9.04 Pay When Due ............................................................................................................................42 9.05 Lands and Easements; Reports, Tests, and Drawings.................................................................43 9.06 Insurance....................................................................................................................................43 9.07 Change Orders............................................................................................................................43 9.08 Inspections, Tests, and Approvals...............................................................................................43 9.09 Limitations on Owner’s Responsibilities.....................................................................................43 9.10 Undisclosed Hazardous Environmental Condition......................................................................43 9.11 Evidence of Financial Arrangements ..........................................................................................43 9.12 Safety Programs..........................................................................................................................43 Article 10—Engineer’s Status During Construction....................................................................................44 10.01 Owner’s Representative .........................................................................................................44 10.02 Visits to Site ............................................................................................................................44 10.03 Resident Project Representative ............................................................................................44 10.04 Engineer’s Authority...............................................................................................................44 10.05 Determinations for Unit Price Work.......................................................................................45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ...................45 10.07 Limitations on Engineer’s Authority and Responsibilities.......................................................45 10.08 Compliance with Safety Program ...........................................................................................45 Article 11—Changes to the Contract..........................................................................................................46 11.01 Amending and Supplementing the Contract ..........................................................................46 11.02 Change Orders........................................................................................................................46 11.03 Work Change Directives..........................................................................................................46 11.04 Field Orders ............................................................................................................................47 11.05 Owner-Authorized Changes in the Work................................................................................47 11.06 Unauthorized Changes in the Work........................................................................................47 11.07 Change of Contract Price........................................................................................................47 11.08 Change of Contract Times.......................................................................................................49 11.09 Change Proposals....................................................................................................................49 11.10 Notification to Surety .............................................................................................................50 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 Article 12—Claims ......................................................................................................................................50 12.01 Claims .....................................................................................................................................50 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................51 13.01 Cost of the Work.....................................................................................................................51 13.02 Allowances..............................................................................................................................55 13.03 Unit Price Work.......................................................................................................................55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work.....................56 14.01 Access to Work .......................................................................................................................56 14.02 Tests, Inspections, and Approvals...........................................................................................56 14.03 Defective Work.......................................................................................................................57 14.04 Acceptance of Defective Work ...............................................................................................58 14.05 Uncovering Work....................................................................................................................58 14.06 Owner May Stop the Work.....................................................................................................58 14.07 Owner May Correct Defective Work ......................................................................................59 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period.........................................59 15.01 Progress Payments .................................................................................................................59 15.02 Contractor’s Warranty of Title................................................................................................62 15.03 Substantial Completion...........................................................................................................62 15.04 Partial Use or Occupancy........................................................................................................63 15.05 Final Inspection.......................................................................................................................64 15.06 Final Payment.........................................................................................................................64 15.07 Waiver of Claims.....................................................................................................................65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination.....................................................................................67 16.01 Owner May Suspend Work.....................................................................................................67 16.02 Owner May Terminate for Cause............................................................................................67 16.03 Owner May Terminate for Convenience ................................................................................68 16.04 Contractor May Stop Work or Terminate...............................................................................68 Article 17—Final Resolution of Disputes....................................................................................................69 17.01 Methods and Procedures .......................................................................................................69 Article 18—Miscellaneous..........................................................................................................................69 18.01 Giving Notice...........................................................................................................................69 18.02 Computation of Times............................................................................................................69 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 18.03 Cumulative Remedies.............................................................................................................70 18.04 Limitation of Damages............................................................................................................70 18.05 No Waiver...............................................................................................................................70 18.06 Survival of Obligations............................................................................................................70 18.07 Controlling Law.......................................................................................................................70 18.08 Assignment of Contract..........................................................................................................70 18.09 Successors and Assigns...........................................................................................................70 18.10 Headings.................................................................................................................................70 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 71 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2.Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3.Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5.Bidder—An individual or entity that submits a Bid to Owner. 6.Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7.Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8.Change Order—A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9.Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10.Claim a.A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 71 requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d.A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12.Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13.Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14.Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15.Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16.Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17.Cost of the Work—See Paragraph 13.01 for definition. 18.Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19.Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20.Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21.Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 71 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22.Engineer—The individual or entity named as such in the Agreement. 23.Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24.Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26.Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27.Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28.Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 29.Notice to Proceed—A written notice 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. 30.Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. 32.Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 71 33.Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. 36.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. 37.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38.Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39.Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40.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. 41.Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42.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 of such Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 71 43.Successful Bidder—The Bidder to which the Owner makes an award of contract. 44.Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45.Supplier—A manufacturer, fabricator, supplier, distributor, 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 a Subcontractor. 46.Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47.Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48.Unit Price Work—Work to be paid for on the basis of unit prices. 49.Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50.Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 71 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by 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 Article 10 or any other provision of the Contract Documents. C.Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D.Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E.Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 71 F.Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A.Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B.Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C.Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A.Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), 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; 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 71 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. 2.04 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 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, 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 and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will 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 the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 71 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A.Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract 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, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 71 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies 1.Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2.Contractor’s Review of Contract Documents: If, before or 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) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) 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 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 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 part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 71 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract 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 Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 71 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. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, 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 Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 71 D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 71 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 permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A.Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B.Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C.Cleaning: Prior to Substantial Completion of the Work 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 and adjacent areas all tools, appliances, construction equipment EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 71 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D.Loading of Structures: 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 structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A.Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B.Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C.Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D.Limitations of Other Data and Documents: Except for such reliance on 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; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. 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© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 71 5.04 Differing Subsurface or Physical Conditions A.Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B.Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C.Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D.Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 71 E.Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a 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 otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. F.Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A.Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 71 2. complying with applicable state and local utility damage prevention Laws and Regulations; 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B.Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then 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 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C.Engineer’s Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D.Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E.Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 71 F.Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A.Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 71 B.Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on 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; 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. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 71 and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, 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, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless 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, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, 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 failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 71 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 71 required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 71 I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor’s Insurance A.Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B.General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 71 by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C.Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. 6.04 Builder’s Risk and Other Property Insurance A.Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B.Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C.Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. D.Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 71 provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E.Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. 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 all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 71 C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 71 7.02 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 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 maintain good discipline and order at the Site. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.04 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, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by 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 must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 “Or Equals” A.Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 71 description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B.Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C.Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or- equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D.Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E.Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A.Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 71 Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B.Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 71 Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C.Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D.Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. 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 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. E.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F.Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 71 Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 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 an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner 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 will be disclosed 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 71 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 Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 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. 7.11 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. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and 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 such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 71 changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.13 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. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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 at its expense (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). E. 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. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 71 Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as 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. 7.15 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 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 by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A.Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 71 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal. 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B.Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1.Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show 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 7.16.C. 2.Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall 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 7.16.C. 3. 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. C.Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 71 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D.Resubmittal Procedures for Shop Drawings and Samples 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. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 71 E.Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 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 is entitled to rely on Contractor’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, 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. D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 71 not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 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; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, 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 losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of 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 7.18.A will 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. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 71 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 71 B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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 affected. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, 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. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 71 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 71 arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 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© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 71 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 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 (including obligations under proposed changes in the Work). 9.12 Safety Programs 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.01 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. 10.02 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 10.07. 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. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 71 responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer’s Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer’s authority as to changes in the Work is set forth in Article 11. E. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, 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, will 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 with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 71 inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.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 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in 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; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 71 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 71 11.06 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C.Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will 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 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; 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 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 71 d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A.Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B.Change Proposal Procedures 1.Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2.Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 71 The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3.Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4.Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5.Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C.Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D.Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 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. ARTICLE 12—CLAIMS 12.01 Claims A.Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 71 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B.Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C.Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D.Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E.Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F.Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 71 G.Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A.Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B.Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will 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 in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 71 acceptable to Owner and Contractor and shall deliver such bids to Owner, which 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 will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of 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, 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. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c.Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 71 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 builder’s risk or other property insurance established in accordance with Paragraph 6.04), 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 include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will 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 communication 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 that Contractor is required by the Contract Documents to purchase and maintain. C.Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general 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 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5. 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. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 71 D.Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E.Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 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: Contractor agrees that: 1. 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 2. 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 for any of the foregoing will be valid. C.Owner’s Contingency Allowance: Contractor agrees that an Owner’s 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 for Work covered by allowances, and the Contract Price will be correspondingly adjusted. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 71 13.03 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. Payments to Contractor for Unit Price Work will be based on actual quantities. 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. D. 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, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E.Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. 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 with such procedures and programs as applicable. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 71 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, 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, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A.Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B.Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 71 C.Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D.Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E.Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F.Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 71 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or 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, then 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 will 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. 14.07 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 defective Work as required by Engineer, then Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, 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 incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of 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 14.07. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 71 ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A.Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B.Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), 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. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C.Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to 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 Payment will 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; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 71 b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, 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. 3. 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; 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. 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; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 71 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D.Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E.Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 71 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, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. 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 preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 71 property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude 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 punch list. 15.04 Partial Use or Occupancy 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. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be 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 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work 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 15.03 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 6.04 regarding builder’s risk or other property insurance. 15.05 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, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 71 15.06 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, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B.Engineer’s Review of Final Application and Recommendation of Payment: 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 have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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.Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 71 acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D.Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work. E.Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 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 Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, 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. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 71 Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. 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. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and 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); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 71 B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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 remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days’ written notice to 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 71 connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 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 16.03. 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, 7 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 are not intended to preclude Contractor from submitting a Change Proposal 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 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A.Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B.Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 71 ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 71 of 71 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 INTRODUCTION ..........................................................................................................................................1 ARTICLE 1 DEFINITIONS AND TERMINOLOGY....................................................................................1 ARTICLE 2 PRELIMINARY MATTERS.....................................................................................................1 ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE............................................................2 ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK.......................................................2 ARTICLE 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS.........................................................................................3 ARTICLE 6 BONDS AND INSURANCE....................................................................................................3 ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES.................................................................................6 ARTICLE 8 OTHER WORK AT THE SITE................................................................................................7 ARTICLE 10 ENGINEER’S STATUS DURING CONSTRUCTION.............................................................8 ARTICLE 11 CHANGES TO THE CONTRACT........................................................................................10 ARTICLE 12 CLAIMS................................................................................................................................10 ARTICLE 13 COST OF WORK; ALLOWANCES, UNIT PRICE WORK ...................................................10 ARTICLE 14 TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK.............................................................................................................10 ARTICLE 15 PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD11 ARTICLE 17 FINAL RESOLUTION OF DISPUTES..................................................................................12 SUPPLEMENTARY CONDITIONS 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 INTRODUCTION These Supplementary Conditions amend or supplement EJCDC® C 700, Standard General Conditions of the Construction Contract (2020). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. 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—for example, “Paragraph SC 4.05.” ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC 1.01 Defined Terms Modify the definition of Change Order, Paragraph 1.01.A.8 by adding the following: At the direction of the Owner, where the revision to the Contract involves minor changes to the Work or a change in Contract Time, the Contract may be revised by a Work Order as defined in MnDOT 1103. Modify the definition of Technical Data, Paragraph 1.01.A.46 by amending the first sentence of Paragraph 1.01.A.46.b to read as follows: If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. Add to the list of definitions in Paragraph 1.01.A by inserting the following as numbered items in their proper alphabetical positions: Observer – The individual or entity by with whom the Owner and Engineer is represented in the observation and construction of the Project. Project Manual – The written documents prepared for, or made available for, procuring and construction the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing condition information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. ARTICLE 2 PRELIMINARY MATTERS SC 2.03 Before Starting Construction Modify the beginning of the first sentence of Paragraph 2.03.A to read as follows: Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents) and prior to the preconstruction conference, Contractor shall submit to Engineer for timely review: Delete Paragraph 2.03.A.3 in its entirety. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 2 SC 2.04 Preconstruction Conference; Designation of Authorized Representative Delete Paragraph 2.04.A in its entirety and replace with the following: A. Before any work at the Site is started, Engineer will arrange a preconstruction conference attended by Owner, Contractor, Engineer, private utility owners, and others as appropriate to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. SC 2.05 Acceptance of Schedules Delete the first sentence of Paragraph 2.05.A. Delete Paragraph 2.05.A.3 in its entirety. SC 2.06 Electronic Transmittals Add the following new paragraphs to Paragraph 2.06: D. The contents of the information in any Electronic Document will be the responsibility of the transmitting party. E. Electronic Documents that are exchanged may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitation, and restrictions, set forth in the Contract Documents. F. The parties agree not to intentionally edit, reverse engineer, decrypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for project purposes. ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE SC 3.01 Reference Standards Add the following new paragraph immediately after Paragraph 3.02.A: B. The Work shall be performed in accordance with: 1. the Project Manual; 2. the City of Prior Lake General Specifications and Standard Detail Plates for Street and Utility Construction, dated January 2020. 3. the 2020 Edition of the Minnesota Department of Transportation (MnDOT) Standard Specifications for Construction; and 4. the 2018 Edition of the City Engineers Association of Minnesota (CEAM) Standard Specifications. ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK SC 4.04 Progress Schedule Amend the first sentence of Paragraph 4.04.A to read as follows: 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 3 Contractor shall adhere to the Progress Schedule submitted in accordance with Paragraph 2.03 as it may be adjusted from time to time as provided below. Amend the first sentence of Paragraph 4.04.A.1 to read as follows: 1. Contractor shall submit to Engineer for acceptance proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. ARTICLE 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC 5.01 Availability of Lands Add the following language at the end of Paragraph 5.01.A: If the Contractor believes that there has been delay by Owner in furnishing land, right-of-way, or easements, Contractor’s sole remedy shall be an extension of Contract Time, for which the Contractor may make a claim therefore as provided in Article 12. SC 5.03 Subsurface and Physical Conditions Add the following new paragraphs immediately after Paragraph 5.03.D: E. Copies of reports and drawings identified in SC 5.03.E are included with the Bidding Documents for reference only, and are not part of the Contract Documents. F. Under no circumstances may Contractor rely upon the data contained in reports of explorations or tests, regarding the amounts, elevations, or locations of subsurface groundwater. SC 5.06 Hazardous Environmental Conditions at Site Delete Paragraph 5.06.A in its entirety and replace with the following: A.Reports and Drawings: There are no reports or drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site. ARTICLE 6 BONDS AND INSURANCE SC 6.01 Performance, Payment and Other Bonds Add the following new paragraphs immediately after Paragraph 6.01.A: 1.Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C 610, Performance Bond, or as acceptable to the Owner. 2.Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C 615, Payment Bond, or as acceptable to the Owner. Add the following paragraphs immediately after Paragraph 6.01.B: 1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be two years after the date the Owner formally accepts the project. 2. After the Owner formally accepts the project, Contractor shall furnish a maintenance bond in a bond amount of 100 percent of the final Contract Price. The maintenance bond period will extend to a date two years after the Owner formally accepts the project. Contractor shall 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 4 deliver the fully executed maintenance bond no later than 10 days after the Owner formally accepts the project. 3. The maintenance bond must be issued by the same surety that issues the performance bond required under Paragraph 6.01.A of the General Conditions. SC 6.02 Insurance – General Provisions Add the following paragraph immediately after Paragraph 6.02.B: 1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the Project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months. SC 6.03 Contractor’s Insurance Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D.Other Additional Insureds: As a supplement to the provision of Paragraph 6.03.C of the General Conditions, the required policies, including but not limited to the commercial general liability, automobile liability, umbrella or excess policies, must include as additional insureds the following: Spring Lake Township, Stantec as the Spring Lake Township Engineer. E.Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Worker’s Compensation and Related Policies Policy limits of not less than: Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s)Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Employer’s Liability Each accident $500,000 Each employee $500,000 Policy limit $2,000,000 F.Commercial General Liability – Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees, 2. damages insured by reasonably available personal injury liability coverage, and, 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. G.Commercial General Liability – Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 5 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. H.Commercial General Liability – Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property). 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation). 6. Any limitation or exclusion based on the nature of Contractor’s work. 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. I.Commercial General Liability – Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $2,000,000 Products – Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Bodily Injury and Property Damage – Each Occurrence $1,000,000 J.Automobile Liability: Contractor shall purchase and maintain automobile liability insurance 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. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $1,000,000 Each Accident $1,000,000 Property Damage Each Accident $1,000,000 or 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 6 Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage)$2,000,000 K.Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $1,000,000 General Aggregate $1,000,000 L.Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy, as specified herein. M.Contractor’s Pollution Liability Insurance: Contractor is not required to provide Pollution Liability Insurance under this Contract. SC 6.04 Builder’s Risk and Other Property Insurance Delete Paragraph 6.04.A and insert the following in its place: A.Builder’s Risk: Contractor is not required to purchase and maintain builder’s risk insurance under this Contract. However, any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. Supplement Paragraph 6.04 of the General Conditions with the following provision: F.Builder’s Risk and Other Property Insurance Deductibles: The purchaser of any required builder’s risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES SC 7.07 Concerning Subcontractors and Suppliers Add the following new paragraph to Paragraph 7.07: N. In accordance with Minnesota Statues, section 471.425, Contractor shall pay any subcontractor within 10 days of the Contractor’s receipt of payment from the Owner. SC 7.16 Submittals Amend Paragraph 7.16.B.1.a to read as follows: Contractor shall submit as a minimum, one electronic copy or as required in the Specifications. Add the following new paragraph immediately after Paragraph 7.16.B.1.b: c. Detailed, dimensions manufacturer’s drawings shall be submitted for all materials, apparatus and machinery, and for such fittings and devices as the Engineer may direct, including but not limited to: manhole/catch basin structures, castings, sewer pipe, watermain, lift stations, and waterworks brass. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 7 Amend Paragraph 7.16.B.3 by striking out the following words: and approval Amend the second sentence of Paragraph 7.16.C.1 by striking out the following words: and approval Amend Paragraph 7.16.C.2 by striking out the following words: and approval Amend Paragraph 7.16.C.3 to read as follows: Engineer’s review of a separate item as such will not indicate acceptance of the assembly in which the item functions. Amend the first sentence of Paragraph 7.16.C.4 by striking out the following words: and approval Amend Paragraph 7.16.C.5 by striking out the following words: and approval Amend Paragraph 7.16.C.6 by striking out the following words: and approval Amend Paragraph 7.16.C.7 to read as follows: Neither Engineer’s receipt, review or acceptance of a Shop Drawing or Sample will result in such item becoming a Contract Document. Amend Paragraph 7.16.C.8 to read as follows: Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. Amend the first sentence of Paragraph 7.16.D.1 by striking out the following words: and approval Amend the first sentence of Paragraph 7.16.D.2 to read as follows: Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required acceptance of an item with no more than two resubmittals. Amend Paragraph 7.16.D.3 to read as follows: If Contractor requests a change of a previously accepted Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. Amend Paragraph 7.17.D.5 by striking out the following words: and approval 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 8 ARTICLE 8 OTHER WORK AT THE SITE SC 8.01 Other Work Add the following language at the end of Paragraph 8.01.C: Contractor shall cooperate with all parties to facilitate the prompt completion of all contracts for work at or adjacent to the Site. SC 8.02 Coordination Add the following new paragraph immediately following paragraph 8.02.B: C. Contractor is hereby advised that the following work may be performed at or adjacent to the Site by others during the Contract Time: 1. The individual lot owners or their agents may be site grading and/or constructing buildings on the lots adjacent to the proposed streets. 2. Private utility companies may be installing and/or relocating underground facilities SC 8.03 Legal Relationships Add the following sub-paragraph to Paragraph 8.03.B: 3. If Owner performs work for the Contractor, the Contractor must pay Owner for such work with no deduction in Contract amount. ARTICLE 10 ENGINEER’S STATUS DURING CONSTRUCTION SC 10.02 Visits to Site Add the following new paragraph immediately following paragraph 10.02.B: C. Throughout the construction phase, regular weekly meetings will be held by the Engineer on site to review progress and to discuss items necessary for an orderly completion of the project. This weekly construction meeting shall include the Owner, Engineer, and Contractor. Contractor’s representative must be able to make decisions for the Contractor pertaining to the project. All project conflicts shall be brought to these meetings, including requests for additional payment. Meeting minutes will be provided to all participants as a record of the meeting. SC 10.03 Resident Project Representative Add the following new subparagraph immediately after Paragraph 10.03.A: 1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative. Rather, the Engineer will furnish an Observer to represent both the Owner and the Engineer at the Site and to assist Engineer in observing the progress and quality of the Work. Add the following new paragraphs immediately after Paragraph 10.03.B: C. The Observer's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. Observer’s dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The Observer will: 1.Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 9 2.Safety Compliance: Comply with Site safety programs, as they apply to Observer, and if required to do so by such safety programs, receive safety training specifically related to Observer’s own personal safety while at the Site. 3.Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. 4.Review of Work; Defective Work a. Conduct on-site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5.Inspections and Tests a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6.Payment Requests: Review Applications for Payment with Contractor. 7.Completion a. Participate in Engineer’s visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The Observer will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. SC 10.07 Limitations on Engineer’s Authority and Responsibilities Add the following new sub-paragraph to paragraph 10.07.A: 1. Insofar as the subject matter of any pertinent claim, dispute, or other matter falls within the realm of the technical expertise of Engineer, Engineer shall not render any decision on any claims, disputes, or other matters the subject matter of which, at Engineer’s sole discretion, requires legal, rather than technical interpretation. Add the following new paragraph immediately following paragraph 10.07.E: 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 10 F. Paragraph 10.07 pertains to the Engineer’s responsibilities to the Contractor and its subcontractors, suppliers, and other agents. Nothing in this paragraph shall be construed to limit the Engineer’s responsibilities to the Owner, if any, under the Engineer’s contract with the Owner. ARTICLE 11 CHANGES TO THE CONTRACT SC 11.06 Unauthorized Changes in the Work Add the following new paragraph immediately following paragraph 11.06.A: B. Except as specifically authorized in writing by the Engineer at the time additional work is done beyond the original scope of the Contract Documents, the Contractor shall make no claims for additional compensation. The Contractor’s plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the Work will not be acceptable to the Owner as an excuse for any failure of the Contractor to fulfill the requirements of the Contract Documents, and shall not be a basis for the Contractor’s claim for additional compensation. C. Any discrepancies in or conflicts between the items described in these Contract Documents must be submitted in writing to the Engineer for adjustment prior to proceeding with the Work as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. SC 11.09 Change Proposals Delete paragraph 11.09.B in its entirety, and replace with the following: B.Change Proposal Procedures: All Change Proposal procedures shall follow the requirements of MnDOT 1403, Notification for Contract Revisions. ARTICLE 12 CLAIMS SC 12.01 Claims Amend the first sentence of paragraph 12.01.B to read as follows: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 10 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 10 days of the decision under appeal. ARTICLE 13 COST OF WORK; ALLOWANCES, UNIT PRICE WORK SC 13.03 Unit Price Work Delete Paragraph 13.03.E in its entirety and insert the following in its place: E.Adjustments in Unit Price: There will be no adjustment in unit price for increased or decreased quantities. In addition, the Owner reserves the right to reduce certain quantities or delete certain items from the Bids as the Owner sees fit, either before or after the Award of Contract. There will be no additional compensation for remobilization of equipment as necessary to complete punch list items or other items not completed by the Contractor. There will be no additional compensation due to restocking charges for materials not used on the Project. ARTICLE 14 TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 11 SC 14.02 Tests, Inspections, and Approvals Add the following sub-paragraphs to paragraph 14.02.A: 1. The Contractor shall provide a minimum 48-hour notice to the Observer for any testing that must be observed or accomplished by someone other than the Contractor’s personnel. All final tests and inspections shall be performed in the presence of the Observer. 2. Signed copies of all reports on tests shall be sent at once to the Owner, Engineer, and Contractor 3. Inspection and testing shall in no way relieve the Contractor or supplier from the responsibility of furnishing materials and workmanship in accordance with the Contract Documents. ARTICLE 15 PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD SC 15.01 Progress Payments Amend paragraph 15.01.A to read as follows: Basis for Progress Payments: The Contractor’s Bid will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Delete paragraph 15.01.D.1 in its entirety and insert the following: 1. Thirty days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor, unless extenuating circumstances exist which would preclude such payment by Owner to Contractor. If such extenuating circumstances exist, then payment shall be made within 45 days after Owner received the Application for Payment. SC 15.03 Substantial Completion Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re- testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. SC 15.05 Final Inspection Add the following language at the end of the second sentence of Paragraph 15.05.A: If, after such measures are taken, subsequent inspections by the Engineer reveal that any of the previously identified construction items remain incomplete or defective, the Engineer will again notify the Contractor in writing of the remaining construction items. All costs associated with any subsequent inspections in which said remaining particulars are revealed, will be documented by the Engineer and paid by the Contractor to the Owner. SC 15.06 Final Payment Add the following new sub-paragraphs to Paragraph 15.06.A: 4. Before final application for payment is made for the Work, the Contractor must make satisfactory showing of compliance with MINN. STAT. 290.92, which requires the withholding 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 12 of state income taxes for wages paid to employees on this project. Receipt by the Engineer of a certificate of Compliance from the Commissioner of Taxation to the Owner will satisfy this requirement. The Contractor is advised that before such certificate can be issued, the Contractor must first place on file with the Commissioner of Taxation an affidavit that the Contractor has complied with the provisions of MINN. STAT. 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Building, St. Paul, Minnesota, on request. 5. Final payment will not be made until the Contractor has filed with the Engineer evidence in the form of an affidavit or such other evidence as may be required that all claims against the Contractor by reason of the Contract have been fully paid or satisfactorily secured. This shall be in the form of IC134 forms, paid-in-full final lien waivers from the Contractor, subcontractors, and major suppliers, and a Consent of Surety. Such evidence shall precede or accompany the final application for payment. If evidence is not furnished, the Owner may retain out of any monies due said Contractor sums sufficient to cover all lienable claims unpaid. SC 15.08 Correction Period Add the following new paragraphs to Paragraph 15.08: G. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in SC 6.01.B.1. H. With regard to any surface concrete work, including but not limited to sidewalks, curb, gutter, and driveway aprons within the project area, the Contractor shall assume full responsibility for any warranty work unless written approval is provided by the Owner releasing the Contractor for the responsibility for damages. The intent of this provision is to release the Contractor from accepting monetary losses for destruction of surface concrete work due to damages and circumstances beyond control of the Contractor. At no point during the two-year correction period shall this relieve the Contractor’s responsibility for correction of the defective work as states above, or as caused by poor construction and defective materials on surface concrete work within the project area. The Owner or engineer shall make the final determination of what work is defective within the project area at any point within the two-year correction period. ARTICLE 17 FINAL RESOLUTION OF DISPUTES SC 17.02 Mediation Add the following new paragraphs immediately after Paragraph 17.01. 17.02 Mediation A. To resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Contractor and the Engineer agree that all disputes between them arising out of or relating to this agreement shall be resolved, if possible, at the lowest possible staff level. If the individuals with full settlement authority for the Contractor and the Engineer are unable to achieve a resolution, the dispute shall be submitted to non- binding mediation. B. The rights and remedies available to the Contractor shall be limited to breach of Contract, and no other cause of action, including, without limitation, negligence, misrepresentation or other tort theory. The Owner or Contractor may assert any such breach of contract claim in any court of competent jurisdiction. Neither the Owner nor the Contractor shall be entitled to a jury trial in any such action. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 SUPPLEMENTARY CONDITIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 13 C. The rights and remedies to the Owner hereunder shall be in addition to and shall not be constructed in any way as a limitation of any rights and remedies available to the Owner, which is otherwise available by law or contract, by special warranty or guarantee, or by other provision of the Contract Documents. D. The provision of Paragraph 17.02 shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which it may apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment, termination, or completion of this agreement. E. No waiver or failure to enforce any part of provision of the Contract Documents, including but not limited to the change order process, shall be deemed to be waiver by the Owner of any subsequent default or breach of the same or any other part of provision contained herein, or right to enforce the same or any other part or provision contained herein. DIVISION 1 GENERAL REQUIREMENTS 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 GENERAL.....................................................................................................................................................1 SUMMARY OF WORK .................................................................................................................................1 WORK SEQUENCE......................................................................................................................................1 1103 – DEFINITIONS...................................................................................................................................2 PROJECT MEETINGS .................................................................................................................................2 SUBMITTALS ...............................................................................................................................................2 CONSTRUCTION LIMITS ............................................................................................................................3 1401 – INTENT OF CONTRACT..................................................................................................................3 1402 – CONTRACT REVISIONS .................................................................................................................4 1407 – FINAL CLEANUP..............................................................................................................................4 1507 – UTILITY PROPERTY AND SERVICE ..............................................................................................4 1508 – CONSTRUCTION STAKES, LINES, AND GRADES........................................................................5 1511 – INSPECTION OF WORK..................................................................................................................6 1514 – MAINTENANCE DURING CONSTRUCTION...................................................................................6 1603 – MATERIALS: SPECIFICATIONS, SAMPLES, TESTS, AND ACCEPTANCE..................................8 1606 – STORAGE OF MATERIALS.............................................................................................................9 1702 – PERMITS, LICENSES, AND TAXES................................................................................................9 1707 – PUBLIC CONVENIENCE AND SAFETY........................................................................................10 1712 – PROTECTION AND RESTORATION OF PROPERTY..................................................................10 1717 – AIR, LAND, AND WATER POLLUTION .........................................................................................11 1807 – FAILURE TO COMPLETE THE WORK ON TIME..........................................................................11 1903 – COMPENSATION FOR ALTERED QUANTITIES..........................................................................11 CONTRACT CLOSEOUT PROCEDURES.................................................................................................12 WARRANTY ...............................................................................................................................................12 DIVISION 1 GENERAL REQUIREMENTS 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 GENERAL These supplementary general requirements are intended to add specific requirements to the MnDOT Standard Specifications for Construction (2020 Edition) including amendments, and the CEAM Specifications (2018 Edition) are binding unless otherwise noted herein. SUMMARY OF WORK The project consists of pond excavations, construction of an iron enhanced sand filter, storm sewer, and roadway and trail removal and replacement. The project shall include the furnishing of all labor, materials, tools, and equipment necessary to complete the roadway resurfacing and appurtenant work as shown on the plans and specified herein within the City of Prior Lake, Minnesota. The Owner is the City of Prior Lake, Minnesota. All work will be completed within property under control of the Owner in public rights-of-way or easements obtained by the Owner. WORK SEQUENCE The sequencing for this project shall be in accordance with the following requirements and completion dates indicated below. The Contractor shall: 1. Perform his work in such a manner as to cause the least interference with adjoining property owners and the general public. 2. The Contractor shall schedule work continuously to avoid delays. The area under construction is indicated on the traffic control plan. Work or equipment outside these areas is not allowed unless approved by the Engineer prior to the start of construction. 3. The Contractor shall expect to make multiple mobilizations at no additional compensation for street and utility construction related to accommodating access for residents and minimizes the period of construction disturbances. 4. All proposed haul roads must be approved by the Engineer and the County (for any haul routes proposed along County roadways). Any damage to existing streets due to unapproved construction use will be repaired at the Contractor’s expense. 5. Working hours will be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. The Contractor shall not be permitted to work on Sundays or holidays, except in the case of emergencies. Requests for modification of working hours must be approved by the City of Prior Lake City Council. The Contractor shall submit all requests in writing to the Engineer. The Contractor shall structure the proposed project schedule based on the stated working hours. It is anticipated that the City Council will consider project award at a regular Council meeting on January 18, 2021. The Contractor shall not commence construction until the Owner has issued a Notice to Proceed. The project shall be substantially completed by June 3, 2022. Based on the work schedule, the Contractor shall make every effort to be substantially complete by this date. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 2 Substantially completed is defined as the completion of all storm sewer, pond excavation, berm construction, and restoration. Final completion for the project is defined as vegetation establishment, cleanup, removal of temporary erosion control devices, the completion of all punch list items, and the paperwork. The final completion date shall be July 1, 2022. Any requests from the Contractor for modification of the plans and specifications shall be accompanied by an estimate of the time savings or extension. There must be a benefit to the Owner or the project if the request is to be considered. No extension of time will be acknowledged at the end of the project for failing to notify the Engineer at the time that the delay occurred. 1103 – DEFINITIONS The provisions of MnDOT 1103 and modified/and or supplemented with the following: OWNER: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Phone: (952) 447-9800 Fax: (952) 447-4245 ENGINEER: WSB & Associates, Inc., dba WSB Jake Newhall, PE 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Phone: (763) 541-4800 Fax: (763) 541-1700 PROJECT MEETINGS Prior to the start of the work, there will be a preconstruction meeting arranged by the Engineer. Representatives of the Engineer, Owner, Contractor, City, and public utility companies shall be present at this meeting. The Contractor’s project superintendent will be present at the preconstruction meeting. He shall be familiar with all phases of the work to be executed and shall oversee the work during its progress. The project superintendent shall represent the Contractor in his absence, and communications and directions given to him shall be as binding as if given to the Contractor. The Contractor shall submit a detailed work schedule that shall be reviewed, along with any other information necessary for an orderly execution of the work (Submittals for additional information.). Weekly, or as needed, construction meetings will be scheduled throughout the construction phase to review progress and discuss items necessary for an orderly completion of the project. SUBMITTALS Project Schedule Prior to the preconstruction conference, the Contractor shall submit in writing to the Engineer for review a schedule of procedure indicating the order in which the Contractor proposes to perform the work, the dates on which he will start the various features thereof, and the contemplated dates for completing the same. The Contractor shall not deviate from this schedule after once approved without written permission of the Engineer. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 3 Shop Drawings The Contractor shall present to the Engineer four (4) copies of material specifications and manufacturer’s data for all materials and for such items as the Engineer may direct. The Engineer will keep two (2) copies of each set and return the rest to the Contractor with the Engineer’s approval or notations. In case of lack of approval, the Contractor shall submit new drawings, corrected as required by the Engineer. Submittals shall be required for, but not limited to, bituminous materials and procedures. Change Orders Any requests for “Change Orders” shall be submitted to the Engineer in writing within seven (7) days of the occurrence. Any requests shall be approved by the Engineer prior to the work commencing. Traffic Control The Contractor shall provide to the Engineer, at least five (5) business days in advance of erecting traffic control devices, a traffic control plan that indicates placement of traffic control devices, schedule and duration of time for the traffic control, including identification of flag person(s) for temporary lane closures and proposed detours of traffic. Traffic control shall be in accordance with Section 1404 and 2563 herein. CONSTRUCTION LIMITS The Contractor shall confine his operations to the limits of the construction area as shown on the plans. The City will endeavor to have obtained necessary rights-of-entry, rights-of-way, and easements prior to the Contractor commencing work. Failure to acquire all rights-of-entry, rights-of-way, and easements prior to the start of construction shall not be cause for a request of time extension or additional monies by the Contractor. Should special and/or extraordinary construction methods need to be employed by the Contractor for the completion of the project such as, but not limited to, trench box construction, any special and/or extraordinary construction methods used shall be considered incidental to the project. The Contractor may be asked not to impact a property beyond the right-of-way, although within the construction limits shown, if the property owner will not allow construction on their property. The construction limits will then be adjusted by the Engineer and the utility services located within the available right-of-way. 1401 – INTENT OF CONTRACT The provisions of MnDOT 1401 are modified and/or supplemented with the following: Where the Minnesota Department of Transportation specifications are referred to herein and where a reference to the word "State" is mentioned, it is understood that the word "Owner" is substituted. All reference to the word "Engineer" shall be interpreted as the Engineer for the Owner. Minnesota Department of Transportation (MnDOT) Specifications for Construction, 2020 Edition and revisions thereto shall apply except as noted herein. Utility construction shall be accomplished in accordance with applicable sections of the City Engineer’s Association of Minnesota (CEAM) Standard Utilities Specifications dated 2013. The following specifications shall govern this project according to the following order: 1) Prior Lake Pond Improvements – Project Manual 2) MnDOT Standard Specifications for Highway Construction (2020 Edition) 3) City Engineers Association of Minnesota Standard Utilities Specifications (2013 Edition) 4) City of Prior Lake Standard Technical Specifications 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 4 1402 – CONTRACT REVISIONS The provisions of MnDOT 1402 are modified and/or supplemented with the following: 1402.7 “OR EQUAL” CLAUSE Whenever a material or article required is shown on the plans or in the specifications by using the name of a product or of a particular manufacturer, it is to be understood that other products or materials which will adequately perform the required function may be considered equal and satisfactory in the Engineer’s opinion. A comparable product shall not be purchased or installed without the Engineer’s approval. A “Contract Change Order” shall be used if the Contract is to be modified. 1407 – FINAL CLEANUP The provisions of MnDOT 1407 are modified and/or supplemented with the following: During the progress of the work, the area affected shall be kept clean and free of all rubbish and surplus materials at all times. All unneeded construction equipment shall be removed from the site and all damage repaired so that the public and adjacent property owners are inconvenienced as little as possible. Where materials or debris have washed or flowed into or have been placed in water courses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor’s operations, such material or debris shall be removed and satisfactorily disposed of during progress of work. All ditches, channels, drains, etc. shall be kept in a clean and neat condition. All catch basins and sumps within the project area shall be cleaned and jetted just prior to final acceptance of the project. It is expected that the existing streets and private properties adjacent to the project will remain clean and free of soil and debris throughout the duration of the project. All roadways, driveways, parking areas, lawns, etc. should be inspected on a daily basis, at minimum, to prevent soil and debris from building up. Any soils or debris shall be removed immediately upon discovery. If, in the opinion of the Engineer, the areas adjacent to the construction area are not being sufficiently cleaned, the Engineer shall arrange to have the work completed by a separate Contractor. All costs associated with cleaning the area shall be deducted from the monies due the Contractor. On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery or other construction equipment placed by the Contractor. The Contractor shall remove all rubbish from any grounds which the Contractor has occupied and shall leave all of the premises and adjacent properties affected by the operation in a neat and restored condition satisfactory to the Engineer. Sweeping of streets and parking lots that are impacted by the construction shall be the responsibility of the Contractor. The Contractor shall provide street and parking lot sweeping as directed by the Engineer. The sweeper shall be a pick-up style sweeper. Unless the proposal includes a contract bid item for cleanup, cleanup shall be incidental to the contract. 1507 – UTILITY PROPERTY AND SERVICE The provisions of MnDOT 1507 are modified and/or supplemented with the following: All bidders are expected and assume the responsibility to contact the affected utilities prior to submitting the bid to determine the extent of their facilities within the project area and the scope and anticipated schedule of the facility relocation, removal, or adjustment. The Contractor shall be responsible for any requirements imposed by utility companies within the project area. The Contractor shall pothole to locate private utilities, as required, prior to construction. This work shall be considered incidental to project costs. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 5 Prior to commencing construction, the Contractor shall check all existing manholes, catch basins, gate valve boxes, stop boxes, culverts, and storm sewer lines in the construction zones to determine their condition. Failure to report deficiencies in writing, and have such deficiencies acknowledged in writing by the Engineer, will be cause for any required repairs and/or cleaning to be charged to this Contractor. There will be no compensation for lost time due to private utility relocation, and all coordination shall be considered incidental. It is the Contractor’s responsibility to coordinate his work with the non-municipal utility companies and preserve the existing condition of said utilities. All crossings will be thoroughly backfilled and compacted, using mechanical tampers to prevent any displacement or settlement of the utility lines. Protection of existing utilities shall be considered incidental to the overall project. No compensation will be provided for this work. The Contractor will not be compensated for repair or replacement of damaged utilities during construction. The utilities shown on the plans are approximate. It shall be a construction priority for the Contractor to contact Gopher State One, call (651-454-0002) for utility locations before doing any underground excavation. The Contractor shall notify all utility owners of its construction schedule. It may be necessary to relocate overhead and underground utilities. Utility companies owning these utilities shall relocate them with their own forces. It shall be the responsibility of the Contractor to coordinate his work with any required utility relocation. No compensation will be made to the Contractor for delays in work due to conflicts with existing utilities. The Contractor shall be fully responsible to repair, replace, or cover the costs to the effected utility for any damage to existing utilities. All proposed utility crossings shall be designed to utilize conduits to eliminate the need for crossing newly constructed streets by other methods which often cause cracks, settlement, or heaving of the pavement. Utility crossing conduits shall be installed prior to the aggregate base construction. Each utility company shall be responsible for determining the locations and size of conduits to be installed at the time of the street construction. The conduits shall be of adequate length to ensure that the newly constructed street section will not be disturbed by the installation of utilities that follow the street construction. The Contractor shall coordinate his work with the various utility companies such as telephone, gas, cable television, electric, etc., regarding the installation of utility crossing conduits. It is the Contractor’s responsibility to contact the utility companies to coordinate their work. The Engineer shall work with the Contractor and utility companies regarding the conduit locations and how they relate to the other proposed improvements. 1508 – CONSTRUCTION STAKES, LINES, AND GRADES The provisions of MnDOT 1508 are modified and/or supplemented with the following: Construction staking shall be provided by the City of Prior Lake or its consultant. The Contractor shall provide forty-eight (48) hours’ notice (two (2) working days) to the Engineer for staking needs. Stakes will be set in the field at an appropriate location in order to perform the work. Line and grade stakes will be set parallel to the proposed roadway at an appropriate offset and interval as to serve the Contractor’s operations wherever practical. Stakes will be marked with stationing and offset information. The stakes shall be shot and cut sheets prepared by the surveyor and given to the Engineer to pass along to the Contractor. Cuts and fills will not be written on the stakes unless the Contractor chooses to do so himself. The Contractor shall arrange his operations to avoid unnecessary interference with the stablishing of the primary line and grade stakes; and shall render whatever assistance may be required by the Engineer to accomplish the staking. The Contractor shall be solely responsible for the correct transfer of the primary line and grade from the stakes to all working points and for construction of the work to the prescribed lines and grades. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 6 Once the stakes are set, it is the responsibility of the Contractor to preserve and protect them and to use them to properly construct the work. Stakes removed or disturbed, which are essential to the proper construction of the project, shall be replaced by the Engineer at the Contractor’s expense. Re-staking may be requested by either the Contractor to perform its work or the Engineer to verify the work. Ditches shall be offset staked at twenty-five-foot (25’) intervals to the centerline grade. Street grading shall be offset staked, typically along one of the right-of-way lines, at fifty-foot (50’) intervals to the centerline finish grade. Streets with curb and gutter shall be offset staked at fifty-foot (50’) intervals to the top of curb. Prior to setting stakes, the grade shall be within 0.3 feet of grade and at least a one-foot (1’) area cleared behind the curb. Offset stakes are typically set at three feet (3’) behind the curb, and this area shall be clear of debris and mounds of dirt. Radii shall have curve points, midpoint, and center of radii staked. Any additional staking shall be at the Contractor’s expense. The Contractor is responsible for removal and cleanup of stakes upon Engineer’s approval, prior to grading. 1511 – INSPECTION OF WORK The provisions of MnDOT 1511 are modified and/or supplemented with the following: Observation of the work shall be provided by the Owner or their representative. Any person representing federal or state agencies, the Engineer, or Owner shall have the right-of-entry to inspect the work being performed by the Contractor. If the case warrants, the Contractor shall provide proper facilities for such access and inspection. The Contractor shall, during its daily progress, keep on the site at all times a non-equipment-operating competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shall not be changed without the consent of the Engineer, and shall be on the project from the start of construction until all work on the project is complete. The Contractor’s superintendent shall be responsible to oversee all phases of the project, including coordination and supervision of all subcontractors and their work. No work can start until plans and specifications for each section of work (site work, street removal and replacement, storm drainage, iron enhanced sand filter construction) have been reviewed together by the Contractor and Owner. The Contractor shall notify the observer anytime he anticipates working on this project. No work will be allowed without notifying the observer a minimum of twenty-four (24) hours beforehand. Hours of construction operation shall be 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m., Saturday. Work on Sunday will require permission of the City Council. Weekly meetings are mandatory at a location and time to be determined at the preconstruction meeting. Examples of items to be reviewed at these meetings are subcontractors, progress, potential utility conflicts, and scheduling. The Contractor is responsible for all initial tests required to substantiate that the materials furnished meet the specifications. Testing of materials and/or densities on site will be paid for by the Owner. Any retesting due to failures shall be at the expense of the Contractor. 1514 – MAINTENANCE DURING CONSTRUCTION The provisions of MnDOT 1514 are modified and/or supplemented with the following: 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 7 The Owner requires that the Contractor have at least one (1) blade and one (1) water truck available to the project at all times, weekends and holidays included. The street shall be maintained daily, weekends and holidays included. The Contractor shall submit to the Owner, the police dispatcher, and the Engineer, a list of at least two (2) employees who can be reached at any time in case an emergency arises. Each person shall be capable and have the authority to drive a front-end loader, blade, and water truck. If no action is taken after one (1) hour notice to the Contractor, the City crews may perform he necessary work and the Contractor shall be billed for the cost. If the Contractor fails to pay the Owner for this work, an equal sum will be deducted from the Contractor’s payment. The Contractor shall have one (1) employee responsible to check the job site each calendar day. This person shall be responsible to check the job site to see that all signing, barricades, and flashers are properly installed and in working order and that all streets area open, passable, and reasonably dust-free. If these conditions do not exist, this person shall take steps to see that they are corrected. Said person shall report daily to the project Engineer and any other designated persons so desired by the Owner. No trenches shall be allowed to be left open at night. Erosion protection, which is dependent on the Contractor’s schedule and appropriate to the means and methods of construction, shall be considered incidental to the project unless indicated otherwise. Additional erosion protection may be ordered by the Engineer at no additional cost to the Owner. Such protection shall be accomplished to prevent water, airborne dust and sediment from leaving the site. Protection may include, but is not limited to, application of water for dust control, silt fence, staked bales, and sedimentation structures. During construction, it shall be the Contractor’s responsibility to see that all existing drainage structures, ditches, gutters, and utilities in the working area are kept clean. Gutters shall be cleaned and free of dirt and other materials at the end of each working day to ensure proper drainage and property protection. Bales, silt fence, or other erosion control measures acceptable to the Engineer shall be used to prevent materials from washing into drainage ways or storm sewers. There shall be an inspection of the storm sewer and sanitary utilities prior to the start of construction. The Contractor shall notify the Engineer a minimum of twenty-four (24) hours in advance of commencing construction to aid in accomplishing this inspection. All deficiencies in these existing systems prior to beginning construction must be immediately brought to the attention of the Engineer. The Contractor shall maintain essential services during the course of the project. Essential services shall include emergency vehicles, school buses, mail delivery, garbage collection, drainage, and public utility services. The Contractor shall coordinate his work with all appropriate agencies and utility companies during construction. Dust Control: Water for dust control shall be applied on a daily basis and as directed by the Engineer. The Contractor shall have a water truck available to the project at all times for dust control. Contractor shall contact the City of Prior Lake’s Public Works Supervisor to coordinate a water source for dust control. In the event that the Contractor does not respond to the City’s request to water the streets for dust control within six (6) hours, the Contractor will be billed by the City in the amount of $100.00 per hour for City crews to provide this service. Dust control shall also apply in the same manner to stockpiles of topsoil, dirt, or other materials, throughout the period of construction. Payment for maintaining streets and controlling dust shall be incidental to this project and no separate payment made unless provided for on the bid. Protect Existing Pavements: The Contractor shall provide and use rubber tired equipment on all existing pavements. No compensation will be allowed the Contractor for replacement of damaged utilities and resurfacing or replacing damaged pavements. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 8 Garbage Service: The Contractor shall be required to accommodate garbage pickup while the project is under construction. This coordination shall include contact with the garbage companies serving the area and maintaining access to the individual residences. In the event that garbage pickup is not accommodated, the Contractor shall be responsible for contracting independently to have the garbage removed at no cost to the project. Unless the proposal includes an item for garbage service, this item shall be considered incidental to the project cost. Noise Control: The Contractor shall comply with local and state ordinances on noise abatement. Any piece of equipment not meeting the requirements shall be either be repaired or replaced. 1603 – MATERIALS: SPECIFICATIONS, SAMPLES, TESTS, AND ACCEPTANCE The provisions of MnDOT 1603 are hereby supplemented with the following: Construction Testing: Testing for work done in this contract shall be done by an independent testing company to assure quality of materials and/or workmanship. Testing shall be at the expense of the Owner. The Contractor shall coordinate the tests to be performed with the Engineer. The Contractor shall notify the Engineer as to the testing time schedule, so that the Engineer can notify the testing company and be present to indicate test locations and observe the testing. Test results shall follow the requirements as noted in these specifications or shown on the drawings. The testing shall be done on a daily basis with the progress of the work to ensure acceptable construction workmanship. Subsequent work shall not proceed without acceptable test results of the previous work. Testing of embankment or backfill shall occur at the time of placement and compaction. Testing Requirements: The following minimum testing shall be performed: Subgrade Standard Proctor One minimum, if no utility work. Proctor may be used from utility trench representative of material near the surface. In-place Density and Moisture 1/500 LF Class 5 Aggregate Base Gradation 1/2000 TN Standard Proctor One minimum In-place Density and Moisture 1/500 LF Bituminous Testing Production for the material shall be tested in accordance with MnDOT 2360 for a Certified Plant. The Contractor shall submit, on the date of production, to the Engineer in the office, to the Engineer in the field, and to the independent testing company performing the compliance testing, production testing documentation from the MnDOT Certified Plant for each day of production that bituminous is placed on the project. Density and air void testing for compliance with the Maximum Density Method in accordance with MnDOT 2360 shall be performed by an independent testing laboratory. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 9 The Engineer may require one (1) core to be taken for each 500 tons or fraction thereof, of mixture placed with a minimum of three (3) cores per lift. Cores shall be taken prior to the placement of the next lift and no later than the next working day following placement. One retest of each failing test will be permitted and must be done within three (3) working days of placement. The independent testing company and the Contractor are responsible to coordinate the retests within this time frame. Asphalt Content, Gradation, MnDOT 2360 Certified Plant Max. Specific Gravity (rice test) (incidental to bituminous mixture production) Percent Air Voids (3 Marshalls) Extraction/Gradation for 32/42 In-place Density MnDOT 2360 Maximum Density 1 core/500 TN 3 cores minimum per lift In-place Air Voids MnDOT 2360 Maximum Density 1 core/500 TN 3 cores minimum per lift Assurance testing by independent Coordinated by Engineer. Laboratory. Observation of air Paid by Owner voids, gradation, extraction, and spot check of AC at producers testing lab 1606 – STORAGE OF MATERIALS The provisions of MnDOT 1606 are hereby supplemented with the following: The Contractor is responsible for locating and securing permission for a project storage area. Any disturbed area shall be cleaned up and fully restored to the pre-existing condition prior to closing out this project. The cleanup and restoration of the project storage area shall be the Contractor’s responsibility; no direct compensation will be made for this work. It is anticipated that all work, including stockpiling of materials, will be completed within the roadway right-of-way. The Contractor is hereby advised that the only materials that will be allowed to be stockpiled within project limits are materials which will be incorporated into the project and then only in the quantity needed. Materials cannot be stockpiled which are for use on other projects. This specification applies to manufactured and natural materials (including material stockpiled for crushing). 1702 – PERMITS, LICENSES, AND TAXES The provisions of MnDOT 1702 are modified and/or supplemented with the following: The Contractor shall acquire a DNR Water Appropriations permit if necessary. If required, the Contractor shall become a co-permittee with the Owner to ensure compliance with the National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit (MNR 100001) required by the Minnesota Pollution Control Agency (MPCA). This permit establishes conditions for discharging storm water to waters of the State from construction activity disturbing one (1) or more acres of total land area. If required, the Contractor shall be required to sign the NPDES permit or transfer form seven (7) days prior to beginning construction operations and shall abide by all permit requirements until the site has undergone final stabilization and a notice of termination has been submitted to the MPCA. The 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 10 Contractor shall cooperate with the Owner to implement a fully-documented inspection and maintenance program for all temporary erosion and sediment control measures as required by the NPDES permit. The Owner shall obtain permits from the MPCA. The Contractor is required to follow the provisions of this permit as incidental to the project. The Contractor is responsible for registering with Scott County or MnDOT and obtaining the necessary permits for hauling along county or state roadways. 1707 – PUBLIC CONVENIENCE AND SAFETY The provisions of MnDOT 1707 are modified and/or supplemented with the following: The Contractor shall provide any barricades, fences, or other means of protection necessary to properly execute the work and adequately protect his employees, employees of the Owner, employees of the Engineer, and members of the public according to federal, state, and local regulators. All utility trenches shall be backfilled at the end of each working day to the satisfaction of the Engineer. All labor and materials necessary to comply with these provisions are incidental, and no payment shall be made. 1712 – PROTECTION AND RESTORATION OF PROPERTY The provisions of MnDOT 1712 are modified and/or supplemented with the following: The Contractor shall be responsible for the preservation of all public and private property of any character and shall preserve all land corner monuments. The Contractor shall also be fully responsible for the protection and preservation from damage or destruction of all trees, shrubs, and natural scenic elements. Any tree, shrub, or scenic element within specified areas to be protected that is destroyed or disfigured by the Contractor’s operation shall be removed and replaced by the Contractor at the Contractor’s expense or damages shall be assessed when so directed by the Engineer. The Owner has obtained permanent and temporary easements for all construction on private property, as shown on the plan sheets. The remaining construction is within the right-of-way or dedicated streets. The Contractor shall limit his operations to the street right-of-way or easement unless he makes a separate arrangement with the landowner for the use of additional land. In the case of construction on a railroad, state, or county highway right-of-way, a permit for such construction will be obtained. The Contractor shall comply with all requirements specified by the permit with respect to limits, safety precautions, method of construction, etc., and shall furnish to the state or county highway department or the railroad, the required supplemental bonds or insurance coverage as stipulated in the permits without additional cost to Owner. It shall be the Contractor’s responsibility to protect, remove, and/or reinstall all fences, street signs, mailboxes, lawn irrigation systems, and other items required to construct the proposed improvements. When existing lawn irrigation systems conflict with the proposed construction, the Contractor shall notify each affected property owner as to how the irrigation systems will be dealt with. The property owner shall be notified at least one (1) week in advance of any disconnection of the irrigation system. The Contractor shall use a qualified subcontractor who specializes in installation and maintenance of lawn irrigation systems to disconnect, make alterations to, and reconnect the irrigation system in order to minimize the damage to the existing equipment. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 11 The work associated with protecting, removing, and/or reinstalling all fences, street signs, mailboxes, lawn irrigation systems, and other items shall be considered incidental to the project unless specific bid items are provided. All surface structures and features located outside the excavation limits together with those within the construction area which are indicated in the plans as being saved, shall be properly protected against damage and shall not be disturbed or removed without approval of the Engineer. In the event of damage to any surface improvements, either privately or publicly owner, the Contractor shall be required to replace or repair the damaged property to the satisfaction of the Engineer and at the Contractor’s expense. 1717 – AIR, LAND, AND WATER POLLUTION The provisions of MnDOT 1717.2 are modified and/or supplemented with the following: The Contractor shall use the appropriate means of sediment and erosion control for individual situations. Failure to maintain the sediment and erosion control measures will be sufficient cause to withhold further payments on the project until the maintenance is complete. The sediment and erosion control measures for the project have been identified in the plan set; however, modifications can be made depending on actual site conditions. All perimeter control barriers shall be installed and approved by the Engineer prior to the commencement of construction. Prior to final acceptance of the project or the end of the warranty period, the Contractor shall remove all temporary sediment and erosion control measures. 1807 – FAILURE TO COMPLETE THE WORK ON TIME The provisions of MnDOT 1807 are modified and/or supplemented with the following: Section 1807.2, Waiver of Liquidated Damages, is amended by eliminating the second paragraph in its entirety. Liquidated damages will accrue as long as the work remains substantially incomplete as defined under the Work Sequence section. The liquidated damages shall be $500.00 per calendar day for the project. 1903 – COMPENSATION FOR ALTERED QUANTITIES The provisions of MnDOT 1903 are modified and/or supplemented with the following: It should be noted that there will be no adjustment in unit price for increased or decreased quantities. In addition, the City reserves the right to reduce certain quantities or delete certain items from each section of the bids as the City sees fit, either before or after the Award of Contract. There will be no additional compensation due to remobilization of equipment as necessary to complete punch list items or other items not completed by the Contractor. There will be no additional compensation due to restocking charges for materials not used on the project. All payments will be by the unit price bid times the actual number of units installed and accepted. 2022 POND MAINTENANCE PROJECT DIVISION 1 CITY PROJECT NO. 2021-19 GENERAL REQUIREMENTS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 12 CONTRACT CLOSEOUT PROCEDURES Minnesota Statute 471.425, Subd. 4a requires contracts of a municipality to have the prime Contractor pay any subcontractor within ten (10) days of the prime Contractor’s receipt of payment. The contract also must require that the prime Contractor pay interest of 1.5 percent per month or any part of a month to the subcontractor for any undisputed amount not paid to the subcontractor within ten (10) days. Final payment will not be made until the Contractor shall have filed with the Engineer evidence in the form of an affidavit or such other evidence as may be required that all claims against him by reason of the Contract have been fully paid or satisfactorily secured. This shall be in the form of paid-in-full lien waivers from each supplier and subcontractor along with the IC134 Form. In case such evidence is not furnished, the Owner may retain out of any monies due said Contractor sums sufficient to cover all lienable claims unpaid. Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of state income taxes for wages paid the employees on this project. Receipt by the Engineer of a certificate of compliance from the Commissioner of Taxation will satisfy the requirement. WARRANTY The Contractor for this work shall guarantee and maintain the stability of all his work, equipment and materials for a period of two (2) years from date of final payment and final acceptance by the City. The two (2) year maintenance guarantee shall be provided prior to final payment. The provisions of this paragraph shall not be construed as restricting Contractor's liability for breach of contract by reason of non-conformance with the specification for defects or faulty workmanship. DIVISION 2 SPECIAL PROVISIONS 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 2000 – GENERAL .........................................................................................................................................1 2021 – MOBILIZATION.................................................................................................................................1 2101 – CLEARING AND GRUBBING...........................................................................................................1 2104 – REMOVE MISCELLANEOUS STRUCTURES.................................................................................2 2105 – DEWATERING ..................................................................................................................................2 2016 – EXCAVATION – CHANNEL AND POND..........................................................................................3 2016 – EXCAVATION – CHANNEL AND POND (SPECIAL).......................................................................4 2565 – TRAFFIC CONTROL.........................................................................................................................4 2575 – EROSION CONTROL BLANKET CATEGORY 3N..........................................................................6 2575 – SEEDING...........................................................................................................................................6 DIVISION 2 SPECIAL PROVISIONS 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 1 2000 – GENERAL This work shall be done in accordance with the Minnesota Department of Transportation’s “Standard Specifications for Construction” (referenced MnDOT) 2020 Edition and any amendments thereto, and the City Engineers Association of Minnesota (CEAM), Standard Specifications, 2013, or as modified herein. 2021 – MOBILIZATION 2021.1 – DESCRIPTION This item shall consist of preparatory work and operations, personnel, equipment, supplies, and incidentals to the project site. This item includes all equipment, supplies, and labor necessary to access the project sites. The Contractor must notify the property owner of any and all damage to their property, as well as a plan to fix said damage, within twenty-four (24) hours of damage. 2101 – CLEARING AND GRUBBING 2101.1 – DESCRIPTION This item consists of removing brush, trees, and vegetation as necessary for excavation and improvements at the ponds as shown on the plans or directed by the Engineer. The trees to be removed are indicated on the plans by “Clear and grub trees” and are included in this item. The removal of smaller trees and brush as well as any additional clearing necessary to access and excavate the ponds are also included in this item. If, in the opinion of the Engineer, the Contractor operates in a reckless manner which results in damage to a tree, the tree shall be removed and replaced with a City-approved tree at the Contractor’s expense. The Contractor shall trim trees as directed by the Engineer. Branches that require cutting will be cut at the trunk of the tree. The Contractor is responsible for disposal of the branches. 2101.3 – CONSTRUCTION REQUIREMENTS The following shall be added to the end of the first section of the Construction Requirements section: (5) Any trees or branches damaged due to construction activities. Pruning and trimming due to Item (5) above will be performed by the Contractor with no additional compensation provided thereto. If damage occurs to a tree or shrub that was not scheduled for removal as part of the plan or as marked by the Engineer, and that damage is determined by the Engineer to be too extensive to save the tree or shrub, the Contractor will be responsible for replacing the tree or shrub with no additional compensation provided thereto with a new tree or shrub in accordance with the following: (1) A new tree or shrub as near in size and kind as the damaged item, or (2) A new tree or shrub of the same kind, not to exceed six inches (6”) in diameter as measured two feet (2’) above the ground surface. The following shall be added to the end of Section D – Disposal Limitations: D Disposal Limitations: Unless otherwise approved by the Engineer, all materials resulting from 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 2 the clearing and grubbing of trees and shrubs will be disposed of outside the project site. The following shall be added following Section D.6: E Root Removal: Refer to Division 2, Part B, Section 2621.3.H for information regarding the construction requirements for root removal in sewer pipes. 2101.5 – BASIS OF PAYMENT Clearing and Grubbing: Payment for clearing and grubbing shall be paid for by lump sum at the contract unit price. No additional payment will be made for multiple mobilizations. Tree and Shrub Trimming: Tree and shrub trimming shall be incidental, and no payment shall be made. Brush Removal: Brush removal within the grading limits shall be incidental and no payment shall be made. 2104 – REMOVE MISCELLANEOUS STRUCTURES 2104.1 – DESCRIPTION This item consists of removal of the four identified storm sewer structures within the project area. 2104.5 – BASIS OF PAYMENT All materials, equipment, and labor needed for removal of the wooden weir, two flared end sections, and one outlet control structure will be paid for by the each under the Remove Miscellaneous structures bid item. 2105 – DEWATERING 2105.1 – DESCRIPTION This item consists of all dewatering and/or ice removal necessary for construction. Any ice removed should be stockpiled onsite and returned to the pond at the completion of the project. 2105.3 – SPECIFIC REQUIREMENTS The Contractor shall provide dewatering and/or ice removal as necessary to allow for construction. Dewatering operations may be controlled by permit from the DNR or other agencies. The Contractor is responsible for application for any necessary permits, including the DNR Appropriation Permit if necessary, and compliance with all conditions of permits. Dewatering is required to be completed in conformance with NPDES requirements. The work potentially involves the drawdown of the water table, placement of temporary barriers, or other satisfactory types of water control to allow construction and to protect the work. Since elevations are dependent upon the groundwater levels and other hydrologic conditions, the Contractor shall perform the necessary dewatering operations, irrespective of the actual water table surface water elevation which prevails at the time the work is accomplished. Construction methods shall be utilized that minimize turbidity of discharged water. It is the Contractor’s responsibility to provide any BMPs including physical treatment devices needed to meet local, state and federal regulations and to satisfy permit conditions for dewatering. 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 3 2105.4 – METHOD OF MEASUREMENT Dewatering: Payment for dewatering shall include all materials, labor, and equipment needed for dewatering and ice removal, including but not limited to the following: mobilization for dewatering; permit applications, acquisition, and compliance, including any best management practices required by the DNR or other agencies; providing access to streets and driveways, pumps, sump pits, water conveyance systems, rock, or aggregate materials for dewatering foundations, excavation and stockpiling of ice, and any other activities needed for dewatering. 2105.5 – BASIS OF PAYMENT Dewatering: All materials, equipment, and labor needed for dewatering and/or ice removal, stockpiling and replacement will be paid for by the lump sum under the Dewatering bid item. This may include, but is not limited to, the following: mobilization for dewatering; permit applications, acquisition, and compliance, including any BMPs required by the DNR or other agencies; providing access to streets and driveways, pumps, sump pits, water conveyance systems, rock, or aggregate materials for dewatering foundations; excavation and stockpiling of ice. 2016 – EXCAVATION – CHANNEL AND POND 2016.1 – DESCRIPTION This item consists of all excavation activities of Management Level 1 soil and rock materials and grading in accordance with the plans. The materials shown in the plans as Management Level 1 sediment has been tested and determined to be non-regulated and suitable for reuse. This item includes the disposal of materials from the project site. 2016.3 – CONSTRUCTION REQUIREMENTS Excavating Operations: Sediment testing results do not indicate elevated concentrations of Polycyclic Aromatic Hydrocarbons (PAHs) within areas shown on plans as Management Level 1. Sediment from these areas is suitable for reuse. Results of soil testing can be obtained from the Owner. Miscellaneous Debris: The area to be excavated may contain limited miscellaneous debris not indicated in plans or specifications that has been dumped by unknown persons previously. The Contractor will be required to remove, sort, store, and transport this debris to an approved landfill at his own expense, up to fifty (50) cubic yards. The Owner will pay the fees associated with the disposal. The Contractor must notify the Engineer prior to removing the debris from the site in order for the debris to be counted against the fifty (50) cubic yard limit. In the event that hazardous materials are encountered that are not noted within the plans or specifications, and if these materials cannot be disposed of at a construction debris landfill or traditional landfill, the Contractor shall notify the Engineer immediately. If special disposal is necessary, the City and the contractor will negotiate a cost to complete the additional work, and the contractor will be required to complete the special excavation/disposal consistent with MCPA and MDH requirements or hire a certified subcontractor to complete the work. 2105.4 – METHOD OF MEASUREMENT Pond Excavation: Haul quantities and/or truck capacity shall be agreed upon with the Engineer prior to hauling. 2105.5 – BASIS OF PAYMENT Pond Excavation: All materials, equipment, disposals, and labor needed to excavate Management Level 1 soil and rock materials within the project site, haul material offsite, and backfill as necessary will be paid for by the cubic yard under the Pond Excavation (LV) bid item. 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 4 Quantities are specified as Loose Volume. No compensation will be made for material that is stockpiled and used for backfill. If the Contractor hauls too much material off-site and then needs to haul in material for backfill/grading, this will be done at the Contractor's expense. 2016 – EXCAVATION – CHANNEL AND POND (SPECIAL) 2105.1 – DESCRIPTION This item consists of all excavation activities of Management Level 3 soil and rock materials and grading in accordance with the plans. The materials shown in the plans as Management Level 3 sediment has been tested and determined be regulated material that is suitable for industrial reuse. This item includes the disposal of materials from the project site. 2105.3 – CONSTRUCTION REQUIREMENTS Excavating Operations: Sediment testing results indicate elevated concentrations of Polycyclic Aromatic Hydrocarbons (PAHs) within areas shown on plans as Management Level 3. Sediment from these areas will need to be disposed of in compliance with local and state law. Results of soil testing can be obtained from the Owner. All ice will be stockpiled on site. Ice will be placed back in the pond following pond excavation and grading activities. Miscellaneous Debris: The area to be excavated may contain limited miscellaneous debris not indicated in plans or specifications that has been dumped by unknown persons previously. The Contractor will be required to remove, sort, store, and transport this debris to an approved landfill at his own expense, up to fifty (50) cubic yards. The Owner will pay the fees associated with the disposal. The Contractor must notify the Engineer prior to removing the debris from the site in order for the debris to be counted against the fifty (50) cubic yard limit. In the event that hazardous materials are encountered that are not noted within the plans or specifications, and if these materials cannot be disposed of at a construction debris landfill or traditional landfill, the Contractor shall notify the Engineer immediately. If special disposal is necessary, the City and the contractor will negotiate a cost to complete the additional work, and the contractor will be required to complete the special excavation/disposal consistent with MCPA and MDH requirements or hire a certified subcontractor to complete the work. 2105.4 – METHOD OF MEASUREMENT Pond Excavation (Special): Pond excavation shall be paid for at the contract unit price per ton and shall be compensation in full for all labor, materials, and equipment necessary to excavate, haul material off site, and backfill as necessary. The material is required to be hauled to a landfill and will be paid for by truck tickets. No compensation will be made for material that is stockpiled and used for backfill. If the Contractor hauls too much material off-site and then needs to haul in material for backfill/grading, this will be done at the Contractor's expense. 2105.5 – BASIS OF PAYMENT Pond Excavation: All materials, equipment, disposals, and labor needed to excavate Management Level 3 soil and rock materials within the project site, haul material offsite, and backfill as necessary will be paid for by the ton under the Pond Excavation (Special) bid item. 2565 – TRAFFIC CONTROL The provisions of MnDOT 2565 are modified and/or supplemented with the following: The Contractor shall furnish, erect, and maintain warning lights and barricades as required by the Engineer to adequately warn and protect the public from hazardous protrusions, materials, excavations, 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 5 etc., resulting directly or indirectly from the construction in accordance with MnDOT 1404 and 1710. All signs, barricades, and warning lights shall conform to the requirements of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) including the Traffic Control Zone Layouts Field Manual, and the MnDOT Standards Signs and Marking Manual. Traffic control shall be the sole responsibility of the Contractor. The Contractor shall give the Engineer, City Police Department, City Fire Department, emergency services, public and school bus companies, and any other governing agency forty-eight (48) hours’ notice prior to a proposed partial blockage or closure of any street or public right-of-way. At least five (5) days prior to the start of construction, the Contractor shall submit a proposed traffic control layout to the Engineer for review. At least twenty-four (24) hours prior to placement, all traffic control devices shall be available on the project for inspection by the Engineer to assure conformance with the MMUTCD. The Contractor shall modify the proposed traffic control layout and/or devices as deemed necessary by the Engineer. The Engineer may require additional traffic control as conditions warrant. The Contractor is responsible for obtaining a right-of-way permit from Scott County if any work within the right-of-way or access to the site is necessary through County ROW. The Contractor shall limit the roadways utilized for delivery of equipment and hauling operations. Construction signing and barricades shall be furnished, installed and maintained at all job site entrances throughout the project. The Contractor shall be responsible for immediate repair or replacement of all traffic control devices that become damaged, moved, or destroyed, of all lights that cease to function properly, and of all barricade weights that are damaged, destroyed, or otherwise fail to stabilize the barricades. The Contractor shall designate one (1) person and an alternate who are on-call twenty-four (24) hours to have responsible charge of proper erection and maintenance of traffic barriers, warning signs, warning lights, street maintenance, etc. Traffic control devices shall be inspected daily and warning lights shall be checked weekly by the Contractor or its representative for proper operation and cleaned as required. All broken or ineffective traffic barriers, warning signs, and warning lights shall be replaced immediately at no additional compensation. The Contractor shall maintain access to residential and business driveways during construction. Written notice shall be given to all residents and business owners where access to a driveway cannot be maintained from 7:00 p.m. to 7:00 a.m. Each resident must be able to drive their vehicle into the driveway. The Contractor shall salvage aggregate from the project, or haul approved granular material to the project site at no additional cost to the Owner for use in ramping the driveways to maintain access. If access is determined to be unsuitable for individual residences and businesses by the Engineer, the Contractor shall make the necessary improvements to re-establish an acceptable access to the property. The Contractor shall keep the portions of the project being used by public traffic, whether it be through or local traffic, in such condition that the traffic will be adequately accommodated at all times. The Contractor shall provide and maintain temporary approaches, crossings, and intersections with trails, roads, streets, businesses, parking lots, residences, garages, farms, and other abutting property in acceptable condition. Maintenance of streets and any detours, bypasses, equipment, stockpile, or storage areas provided in conjunction with the project shall be required and shall be the responsibility of the Contractor. Said maintenance shall include, but not be limited to, keeping the streets free of obstacles, parked equipment, unused barricades, blading the traveled ways, controlling the dust in the construction area and on detours, 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 6 and maintenance of all barricades and flashers. In the even that access is interrupted during utility construction, the Contractor shall give residents written notice 48 hours in advance. The Contractor shall provide an adequate amount of traffic control to keep unauthorized vehicles out of the construction area and to protect the public from construction hazards. All costs associated with maintaining driveway access shall be incidental and no payment shall be made. All temporary signs, barricades, and warning lights required by the Engineer shall be considered incidental to mobilization and be considered payment in full for providing all material, labor, and maintenance of traffic control. All materials, equipment, and labor necessary to as described in traffic control shall be paid for by the lump sum price under the Traffic Control bid item. 2575 – EROSION CONTROL BLANKET CATEGORY 3N 2575.1 – MATERIALS Erosion control blankets used on this project shall be wood fiber and natural netting only. 2575.3 – CONSTRUCTION REQUIREMENTS Erosion control blanket shall be installed after final grading. If it is unable to be installed by hand after final grading a pneumatic stapler shall be used or hydromulch shall be installed as a temporary means until the blanket is installed in the spring. 2575.4 – METHOD OF MEASUREMENT Erosion control blanket shall be measured by the ground area covered in square yards, regardless of the amount of blanket used. 2575.5 – BASIS OF PAYMENT All materials, equipment, removals, and labor necessary to install the erosion control blanket shall be paid for by the square yard under the Erosion Control Blanket Category 3 bid item. 2575 – SEEDING 2575.1 – MATERIALS All seed mixtures will be MnDOT certified seed mixture 33-261 or 25-131. Seed mix 25-131 shall be used in areas noted on the plans where the temporary construction access will disturb the existing turf. 2575.3 – CONSTRUCTION REQUIREMENTS Due to the nature of the work associated with this Contract, turf restoration will be required where any existing turf has been disturbed as a result of construction activities. The Contractor is encouraged to minimize the impacted area, and to protect all existing turf to the greatest extent possible. Seed: Hydroseeding is the preferred method of seeding for all areas and is required for any areas exceeding fifty (50) square yards. Hand spreading of seed will be allowed in areas inaccessible to hydroseeding equipment, and in areas of non-continuous seeding (such as around spot curb repair) with the approval of the Engineer. 2022 POND MAINTENANCE PROJECT DIVISION 2 CITY PROJECT NO. 2021-19 SPECIAL PROVISIONS CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 PAGE 7 The Contractor will take care not to overspray any private or public facilities (including buildings, hard surfaces, and any established turf areas) while hydroseeding. The Contractor will be required to remove all overspray if directed by the Engineer. The requirements of MnDOT 2575.3.L for coverage of seeded areas (seventy percent (70%) vegetative growth) will be utilized for determining any areas that may require reseeding at the end of the seed maintenance period. The Engineer will have the sole discretion for determining areas where additional seeding may be needed. Additional seeding may be required to reach 70% coverage of the seeded areas and will be considered incidental to the seeding bid item. The maintenance period for all seed installation will be forty-five (45) calendar days, counted only between April 15 and November 1. Dates between November 1 and April 15 will not be counted as part of the maintenance period. Soil Bed Preparation: The Contractor will preserve available topsoil from the common excavation areas to the greatest extent possible for mixing and reuse within the project site. In areas used for stockpiling, the Contractor will remove all stockpiled materials from the soil bed prior to preparing for seeding or sodding. The area will be free of bituminous, aggregate, wood, concrete, and other foreign materials to a minimum depth of four inches (4”). To prevent mixing of such materials, the Contractor may use geotextile fabric, plastic, or other material to create a barrier between the stockpiled and in-place material. The Contractor may also choose to strip and salvage the existing topsoil from the stockpile site prior to placing stockpiled material. All topsoil placed, whether for use with sod or seed, will be placed to a loosely-compacted minimum depth of four inches (4”). Type 4 Fertilizer, if needed, will be applied at a rate of 150 pounds per acre for all areas to be seeded with seed mixture 33-261. Type 3 Fertilizer, if needed, will be applied at a rate of 350 pounds per acre for all areas to be seeded with 25-131. 2575.5 – BASIS OF PAYMENT Seeding: Seeding will be paid for by the acre and will include the installation of seed, topsoil, and fertilizer, as well as hydraulic matrix mulch as identified in this specification. Seed Mixture 25-131: Seed mixture will be paid for by the pound. All topsoil, fertilizer, hydraulic matrix mulch, and hydroseeding are considered incidental to the seeding bid item. Seed Mixture 33-261: Seed mixture will be paid for by the pound. All topsoil, fertilizer, hydraulic matrix mulch, and hydroseeding are considered incidental to the seeding bid item. Water utilized for preparation, installation, and maintenance of turf establishment items and all topsoil will be considered incidental to the seeding item. 2022 POND MAINTENANCE PROJECT APPENDIX A CITY PROJECT NO. 2021-19 CITY OF PRIOR LAKE, MN WSB PROJECT NO. 018387-000 APPENDIX A ONLINE BIDDING INSTRUCTIONS   On‐Line Bidding User Guide  Welcome to VirtuBid™ with the Quest Construction Data Network!  VirtuBid™ (vBid™) is a state‐of‐the‐art electronic bidding service that benefits the bidder by allowing more time  for last minute price adjustments. Bidders can now submit their numbers and forms within seconds of bid closing  to ensure the most competitive bids, simply by the push of a button.       On‐Line Bid ID code  You must create your On-Line Bid ID code to submit your bid. Prior to participating in On-Line Bidding, be sure to set up your company’s On-Line Bid ID code. Your On-Line Bid ID code is your digital signature. You may also need to update your QuestCDN password to higher security if needed (On-Line Bidding new password minimum is 8 characters with one uppercase, one lowercase and one numeral). Updating passwords and creating an On-line Bid ID code can only be done by your System Administrator. Creating your On‐Line Bid ID code  My Account – Located in the Green Title Bar in the functional menu.  User Info – Enter On-line Bid ID code (new minimum is 8 characters with one uppercase, one lowercase and one numeral).  Confirm On-line Bid ID code – Re-type your Bid ID code to confirm.  Save – Click Save to update and save your code. Before you can enter On‐Line Bidding you must first Download the Project Document. You must also download  all addendums before you will be able to submit your bid.    To download the Project Documents or addendums – Log into your QuestCDN account, enter the project number and click search. (you may have to click on the project name to open the Bid Advertisement Page). Click on Download Document for the projects document file. Click on Addenda to download addendums (located in the green title bar.)   QuestCDN On‐Line Bidding  Accessing On‐Line Bidding  There are two ways to access QuestCDN On-Line Bidding 1. Click on the On-Line Bidding button to log into Quest VirtuBid™ (located on the first page of QuestCDN in the black/ green title bar).             2. Enter the project number and click search. (You may have to click on the project name to open the Bid Advertisement page). On the Bid Advertisement Page click the On-Line Bid Button. On‐Line Bidding On‐Line Bid Button  Project # & Search Logging into Vbid ‐ On‐Line Bidding  1. Log into Vbid - On-Line Bidding using your QuestCDN User Name and Password. (Password must = new security minimum of 8 characters with one uppercase, one lowercase and one numeral. If needed, go to “My Account” to update the password.) 2. On the Home page of vBid - On-Line Bidding projects are sorted by Bids Started, Bids Available, Bids Submitted, Bids Closed (Bid Submitted), Bids Closed (no bid submitted).   3. Select your project by clicking on the underlined project name.     Qualification Tab  The Qualification Tab will contain all necessary documents and forms uploaded by the owner/solicitor that are required for the project. Download all documents and forms that are required, fill them out and upload the completed forms back to the project (if required).                                                                                                                                                            Qualification Sections  1. Bid Bond Section Complete the Bid Bond information which could be an electronic (pdf) version of your bid bond or Surety 2000. (this information depends on what the solicitor has requested).  If both are offered you only need to      complete one. A. Electronic Bid Bond  Upload your file containing your company’s bid bond information B. Surety2000 Bid Bond  Enter the Contract Number (This is the QuestCDN project number)  Enter the Contractor ID (This is your QuestCDN member number) The Unique Contract Number and Unique Contractor ID must first be provided to the Insurance Agency and the  agent must use these two numbers when requesting a Surety Bond ID.  Your Contractor ID will stay the same but  the Contract Number will change from project to project.    2. Bidder must download the following file for bid submission section          Download all documents that are shown as requiring a download. Each required download will have a file              name and a download link.  Click on the Save Button to update the screen.           The screen will now show the downloaded date of the file.    A B Downloaded  Date Download file 3. Bidder must download, complete, and submit (or replace) the following files for bid submission section Click the Download link to download all required documents, select the Save button to update the screen.        Complete all information and save the document(s) to your computer. Select the Choose File button to   retrieve your file from your computer. Select the Upload button to upload your file to the bid.    A) Completed Upload - The name of the uploaded document will be shown next to the Upload button. B) Downloaded Date - If you have downloaded the document but not uploaded your completed document file, the message shows the document downloaded date. You need to upload your file before you can submit your bid.    C) Download File ‐ If you have not downloaded the document a message will display‐ downloading  required for bid submission. You need to download and upload the completed file before you can submit  your bid.      4. Check or Replace File Quest vBid allows you to check your uploaded documents and replace them as often as you need. To check the file uploaded, click on the uploaded document name. To replace it, select Choose File and retrieve the correct file from your computer. Select Upload to complete the upload of your replacement file. 5. Post letting information works the same as the sections above, except there is a separate due date, after the normal letting close. Documents requested in this section can be uploaded any time after the actual bid letting time but must be uploaded before the Deadline date and time set by the solicitor. Please check the separate due date and comply. Deadline date #4  A B C Bid Worksheet Tab        Work Sheet Sections    White sections are part of the Base Bid and require that you bid each item before submitting.  Pink sections are Optional and completion may or may not be mandatory, Items in this section will not be added to the base bid. Please follow the instructions specified by the solicitor.  Blue sections are Fixed and specified by the solicitor, you cannot change them and they are automatically added to the base bid.   Entering the Unit Price Fields    Fill in the Unit Price Field by clicking on the appropriate line item in the worksheet. You can move from unit price to unit price by using your Enter key or the Up/Down Arrow. When finished be sure to click Save.  Once you have finished both the Qualification page and the Worksheet page you are ready to Submit Bid.   Import & Export CSV   Use the Export to CSV button to export the Bid Worksheet to an Excel spreadsheet. This option may be helpful for additional calculations and percentage markups on the unit price.  Use the Import from CSV button to import your Excel spreadsheet back to the Bid Worksheet. . You may not add or make changes to the headers or verbiage and you may not move line items.  If changes have been made to any of these fields the Import CSV will fail to upload correctly and  you will not be able to submit your bid or your bid may be incorrect.   Only make changes to the  Unit Price Field.              Submitting your On‐Line Bid with Bid ID code  Download all addenda’s before you submit your bid. If addendums are not downloaded, you will not be able to submit your bid. Return to QuestCDN and login to download. Enter your On‐Line Bid ID code and check the I Agree box to accept the Terms and Conditions. Submit your bid– (the On‐Line  Bid Id code is a special pass code required only at bid submittal, this code is your digital signature– it can be added or changed  by logging into your QuestCDN account @ www.questcdn.com ‐  once logged into your account  go to  “My Account” located  in the green title bar and select User Info.  Add or change your Bid ID Code, remember to save your changes).    Error Messages After you Submit your bid the system verifies that you have completed all the requirements. The error message Bid Not Submitted will be shown if you have errors in your bid submission. Below are some examples of error messages.  Missing bid bond information  Required unit price is missing.  Required addenda’s have not been downloaded.  Required file has not been uploaded.   Bid Bond Error Unit Price Error  Agree  Bid ID Code Bid  Not Submitted     Make any corrections needed. Save and Submit the bid. Once your bid is submitted successfully you will receive a  confirming email showing your bid was delivered (be sure to keep this email). The page message will now say   BID SUBMITTED.  Download Addenda Error  Upload Required File Error  Upload the file Bid Submitted  Making Changes to your Bid      Changing Prices - You can make changes and resubmit as many times as you need before the bid ending time. Select Edit Worksheet to make any changes needed. When finished select Submit Changes, enter your On-Line Bid Id code, check “I agree” and Submit. The owner of the project will only receive the last submission. If you fail to re-submit, your changes will not be updated.  Un-Submit your bid - If you need to un-submit your bid, select Unsubmit Bid. This will remove your bid tabulation in its entirety (all data entered will remain saved). You may re-submit your bid at any time before the end of the bid closing time. If you fail to re-submit, your bid will not be received by the solicitor. Unsubmit Bid  Submitted  K:\018387-000\Cad\Plan\018387-000-C-TITL-PLAN.dwg 12/21/2021 1:22:30 PM2022 POND MAINTENANCE PROJECT CITY OF PRIOR LAKE PROJECT LOCATION MAP F G EXISTING PLAN SYMBOLS PROPERTY LINES/RIGHT-OF-WAY UTILITY EASEMENT TREE LINE SIGN DECIDUOUS TREE SHRUB CONIFEROUS TREE EXISTING UTILITY SYMBOLS FIBER OPTIC LINE GAS LINE COMMUNICATIONS PEDESTAL POWER POLE ELECTRIC BOX CATCH BASIN STORM APRON CCOMMUNICATION LINE EELECTRIC POWER LINE ||WATER MAIN > >> SANITARY SEWER STORM SEWER GATE VALVE HYDRANT SANITARY SEWER MANHOLE STORM SEWER MANHOLE COUNTY:SCOTT PROJECT LOCATION THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." APPROVED BYSHEET NO.DATE PLAN REVISIONS ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. THIS PLAN SET CONTAINS 5 SHEETS I HEREBY CERTIFY THAT THIS PLAN 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. LICENSE NUMBER:DATE:12/16/2021 49170 JACOB H. NEWHALL, P.E. SHEET 5 OF WSB PROJ. NO. 018387-000 1 THIS PLAN SET HAS BEEN PREPARED FOR: CITY OF PRIOR LAKE 4646 DAKOTA STREET SE PRIOR LAKE, MN 55372 952.447.9800 A CALL TO GOPHER STATE ONE (651-454-0002) IS REQUIRED A MINIMUM OF 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION. EXCAVATION NOTICE SYSTEM PLAN SET INDEX GOVERNING SPECIFICATIONS UTILITY INFORMATION THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. E ST S N SCALE IN FEET 0 H: 500 1000 SHEET NO.DESCRIPTION 1 TITLE SHEET 2 EXISTING CONDITIONS AND REMOVALS PLAN 3 GRADING AND EROSION CONTROL PLAN 4 - 5 MISCELLANEOUS DETAILS PROJECT LOCATION POND 177 AND 178 12/21/2021 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>INV: 889.90 OCS INV: 890.91 INV: 887.40 OCS INV: 890.89 >>>>>>>>>>>>>>>>>>>>>>>>>>> >>>S S SS S S S S 890.0 890. 0 890.0 890.0 WET WET WET WET WET WET WET WET WET WET WET WET W E T 890 895 900 905 910 895 900 89 2 893 89 4 896 897 898 899 886 887 888 889 889 885 890 886887 8888898858908908868878 8 8889 890887888 889 891 890 890 890 890889 889 889 889 890 895 900 905 910 890895900905K:\018387-000\Cad\Plan\018387-000-C-DEMO-PLAN.dwg 12/21/2021 1:23:05 PM2 AS SHOWN LTC/HM JHNGMD SCALE IN FEET 0 H: 30 60 N SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387-000 JACOB H. NEWHALL, P.E.4917012/16/20215 EXISTING CONDITIONS AND REMOVALS PLAN LOCATION 1.RESTORE ALL POND EDGES AND WOODED AREAS WITH TYPE 33-261 SEED (35 LBS/AC). CATEGORY 3N EROSION CONTROL BLANKET SHALL BE INSTALLED ALONG POND EDGES, BUFFERS, AND NON-MOWABLE SLOPES. 2.ALL SOILS DISTURBED DURING CONSTRUCTION ACTIVIITES WILL BE STABILIZED FOLLOWING SEED MIXES, FERTILIZER, AND STABILIZING COVER OUTLINED WITHIN THESE PLANS. 3.IN THE EVENT THAT RESTORATION CANNOT BE IMPLEMENTED WITHIN 7 DAYS AFTER CONSTRUCTION ACTIVITIES IN THE DISTURBED AREA HAS CEASED, TEMPORARY EROSION STABILIZATION BMPS (I.E. HYDRO MULCH 3884.B.2) MUST BE SCHEDULED TO OCCUR WITHIN THAT 7 DAY TIME FRAME. 4.CONTRACTOR IS RESPONSIBLE FOR THE DAMAGE TO STREETS, PARKING LOTS, CONCRETE CURB AND GUTTER, AND TRAIL. 5.DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS. 6.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS. 7.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. 8.CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION ONSITE AND OFF OF ROADWAY, AND LOAD AND HAUL OUT USING ACCESS ROUTE. 9.CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 10.CONTRACTOR TO COORDINATE ACCESSLIMITS WITH THE ENGINEER IN THE FIELD. 11.EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 12.CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR AND OBTAINING A COUNTY RIGHT-OF-WAY PERMIT IF NECESSARY. POND 177 NWL = 890.0 POND 178 NWL = 890.0 REMOVE OUTLET CONTROL STRUCTURE AND 21 LF STORM SEWER PIPE REMOVE WOODEN WEIR AND FILL-IN ERODING CHANNEL EX. 33"RCP APRON INV: 890.91 EX. 30" RCP APRON INV: 887.40 EX. 30"RCP APRON INV: 890.89 EX. 27"RCP APRON INV: 889.90 RASPBERRY RIDGE RD NW EAGLE CREEK AVE NE (CR 21)INLET PROTECTION ROCK CONSTRUCTION ENTRANCE LEGEND REMOVE DRAINAGE STRUCTURE REMOVE STORM SEWER>> CONSTRUCTION LIMITS NORMAL WATER LEVEL (NWL)888.8 CLEAR AND GRUB TREES AS DIRECTED BY THE ENGINEER. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) POND ACCESS. RESEED WITH TYPE 25-131 SEED (220 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) DISTURBED AREA. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) EXISTING CONTOUR (MAJOR)1019 EXISTING CONTOUR (MINOR)1019 PROPOSED CONTOUR (MAJOR)1019 PROPOSED CONTOUR (MINOR)1019 965.77 965.77 PROPOSED SPOT ELEVATION EXISTING SPOT ELEVATION PROTECT SANITARY SEWER MANHOLE EX. OCS RIM: 892.78 12/21/2021 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>INV: 889.90 OCS INV: 890.91 >>>>>>>>>>>>>>>>>>>>>>>>>>> >>>S S SS S S S S WET WET WET WET WET WET WET WET WET WET WET WET W E T 890 895 900 905 910 895 900 89 2 893 89 4 896 897 898 899 886 887 888 889 889 885 890 886887 8888898858908908868878 8 8889 890887888 889 891 890 890 890 890889 889 889 889 890 895 900 905 910 890895900905885 889 889 891 892 893 894 894 893 892 891 894 894 893 892 891 889 891 892 893 894 894 893 893 891 889 889 885 884.00 884.00 893.50 890.0 890. 0 890. 0 890.0 28 - 36" SPAN CL IIIA RCP ARCH @ 0.50% INV: 890.00 (S) INV: 889.86 (N)K:\018387-000\Cad\Plan\018387-000-C-CNST-PLAN.dwg 12/21/2021 1:23:40 PM3 AS SHOWN LTC/HM JHNGMD SCALE IN FEET 0 H: 30 60 N SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387-000 JACOB H. NEWHALL, P.E.4917012/16/20215 GRADING AND EROSION CONTROL PLAN LOCATION 1.RESTORE ALL POND EDGES AND WOODED AREAS WITH TYPE 33-261 SEED (35 LBS/AC). CATEGORY 3N EROSION CONTROL BLANKET SHALL BE INSTALLED ALONG POND EDGES, BUFFERS, AND NON-MOWABLE SLOPES. 2.ALL SOILS DISTURBED DURING CONSTRUCTION ACTIVIITES WILL BE STABILIZED FOLLOWING SEED MIXES, FERTILIZER, AND STABILIZING COVER OUTLINED WITHIN THESE PLANS. 3.IN THE EVENT THAT RESTORATION CANNOT BE IMPLEMENTED WITHIN 7 DAYS AFTER CONSTRUCTION ACTIVITIES IN THE DISTURBED AREA HAS CEASED, TEMPORARY EROSION STABILIZATION BMPS (I.E. HYDRO MULCH 3884.B.2) MUST BE SCHEDULED TO OCCUR WITHIN THAT 7 DAY TIME FRAME. 4.CONTRACTOR IS RESPONSIBLE FOR THE DAMAGE TO STREETS, PARKING LOTS, CONCRETE CURB AND GUTTER, AND TRAIL. 5.DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS. 6.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS. 7.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. 8.CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION ONSITE AND OFF OF ROADWAY, AND LOAD AND HAUL OUT USING ACCESS ROUTE. 9.CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 10.CONTRACTOR TO COORDINATE ACCESSLIMITS WITH THE ENGINEER IN THE FIELD. 11.EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 12.CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR AND OBTAINING A COUNTY RIGHT-OF-WAY PERMIT IF NECESSARY. POND NWL = 890.0 BOTTOM = 884.0 REMOVE WOODEN WEIR AND FILL-IN ERODING CHANNEL EX. 33"RCP APRON INV: 890.91 EX. 27"RCP APRON INV: 889.90 RASPBERRY RIDGE RD NW EAGLE CREEK AVE NE (CR 21)REMOVE TREES AS NEEDED INLET PROTECTION ROCK CONSTRUCTION ENTRANCE LEGEND REMOVE DRAINAGE STRUCTURE REMOVE STORM SEWER>> CONSTRUCTION LIMITS NORMAL WATER LEVEL (NWL)888.8 CLEAR AND GRUB TREES AS DIRECTED BY THE ENGINEER. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) POND ACCESS. RESEED WITH TYPE 25-131 SEED (220 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) DISTURBED AREA. RESEED WITH TYPE 33-261 SEED (35 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS/AC) EXISTING CONTOUR (MAJOR)1019 EXISTING CONTOUR (MINOR)1019 PROPOSED CONTOUR (MAJOR)1019 PROPOSED CONTOUR (MINOR)1019 965.77 965.77 PROPOSED SPOT ELEVATION EXISTING SPOT ELEVATION PROTECT SANITARY SEWER MANHOLE EX. OCS RIM: 892.78 INSTALL 5 CY RIPRAP AND 10 SY GEOTEXTILE FABRIC TYPE 4 TO EXISTING FES INSTALL 5 CY RIPRAP INSTALL 8 CY RIPRAP AND 16 SY GEOTEXTILE FABRIC TYPE 4 (893.0 ELEVATION AND ABOVE) ESTIMATED AREA OF LEVEL 3 SEDIMENT. APPROXIMATELY 600 TONS OF LEVEL 3 SEDIMENT MATERIAL REMOVAL. REMOVE 3000 CY OF LEVEL 1 SEDIMENT MATERIAL (LV) 36" SPAN RC PIPE-ARCH APRON INSTALL 5 CY RIPRAP AND 10 SY GEOTEXTILE FABRIC TYPE 4 36" SPAN RC PIPE-ARCH APRON INSTALL 5 CY RIPRAP AND 10 SY GEOTEXTILE FABRIC TYPE 4 12/21/2021 K:\018387-000\Cad\Plan\018387-000-C-CNST-DETL.dwg 12/21/2021 1:23:51 PM4 AS SHOWN LTC/HM JHNGMD SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTION2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387-000 JACOB H. NEWHALL, P.E.4917012/16/20215 MISCELLANEOUS DETAILS 12/21/2021 K:\018387-000\Cad\Plan\018387-000-C-MNDT-PLAN.dwg 12/21/2021 1:23:59 PM5 AS SHOWN LTC/HM JHNGMD SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.2022 POND MAINTENANCE PROJECTCITY OF PRIOR LAKE018387-000 5 MISCELLANEOUS DETAILS GENERAL SPECIFICATIONS AND STANDARD DETAIL PLATES FOR STREET AND UTILITY CONSTRUCTION — JANUARY 2020 4646 DAKOTA ST. SE PRIOR LAKE, MN 55372-1714 (952) 447-9800 PLAN SYMBOLS PROPERTY LlNE RIGHT OF WAY BRUSH OR SHRUBS BAR SCALE CENTER LINE QQQOQQ CURB FENCE LINE CONIFERS BUILDING PAD WETLAND BUFFER LAKE OR POND ROCK CONSTRUCTION I TREE LINE ENTRANCE u - WETLAND BUFFER SIGN PROPOSED CONTOUR RETAINING WALL O-OOOOOO WETLAND EDGE - - - - - EXISTING CONTOUR EX RETAINING WAL CONCRETE WALK :. ...' -. ," ;- SILT FENCE p1~1-m BIT TRAIL UTILITIES SYMBOLS SANITARY SEWER EXISTING HYDRANT POWER OR WATERMAIN TELEPHONE POLE GAS LINE -G-S- LIGHT POLE POWER LINE CHE - ANCHOR TELEPHONE PED TELEPHONE LJ T ----------- TELEVISION PED UC --------- EXISTING VALVE SCllL BORING SANITARY MANHOLE MANHOLE PROPOSED \'ALVE CATCH BASIN CURB STOP STANDARD SYMBOLS 4 STREET LIGHT 300 FT MAX SPACING 2 STEZEET NAME SIGNS ON TOP OF STOP SIGNS 3 SIGNS TO BE PLACED PER MMUTCD 4 CITY ENGINEER TO VERIFY SlGN PLACEMENT COUNTY OR STATE HIGHWAY WlTH STREET SlGN ON TOP (SEE PLATE 612) STREET LIGHT STREET LIGHT WlTH STREET SlGN AND NO OUTLET SIGN ON TOP (SEE PLATE 612) STREET LIGHT SlGN & STREET LIGHT I PLACEMENT 1. SHOE BOX LIGHT TO BE LOCATED ON COLLECTOR STREETS AND MAJOR INTERSECTIONS WlTH 250 WATT HIGH-PRESSURE SODIUM LAMP. 2. TRADITIONAL LIGHT TO BE LOCATED ON RESIDENTIAL STREETS WlTH 150 WATT HIGH-PRESSURE SODIUM 3 DECORATIVE LIGHTS TO BE LOCATED AS DIRECTED BY CITY ENGINEER WlTH 150 WATT HIGH-PRESSURE SODIUM LAMP. 4.LlGHTS INSTALLED PER MANUFACTURERS SPECIFICATIONS DECORATIVE ALTERNATIVE FIBERGLASS FIBERGLASS DECORATIVE APPROVED 7-1 6-07 STREET LIGHT PLATE # 106 STAPLE WOVEN MONOFILAMENT 3" DIA. STEEL POST SET POSTS AND EXCAVATE FABRIC TO EACH OR 2" X 2" WOOD A 6" X 6" TRENCH UPSLOPE POST 4' MAX ALONG THE LINE OF THE FLOW DIRECTION BACK FILL THE TRENCH FLOW DIRECTION AND COMPACT THE EXCAVATED SOIL ELEVATION POI BE HIGHER THAN POINTS "B" 1. FILTER BARRIERS SHALL BE INSPECTED WITHIN 24 4. ANY SEDIMENT DEPOSITS REMAINING IN PLACE AFTER HOURS AFTER %" RAINFALL AND AT LEAST WEEKLY THE SILT FENCE OR FILTER BARRIER IS NO LONGER DURING ACTIVE CONSTRUCTION. ANY REQUIRED REQUIRED, SHALL BE DRESSED TO CONFORM WITH REPAIRS SHALL BE MADE WITH 24 HOURS OF NOTICE. THE EXISTING GRADE, PREPARED AND SEEDED. 2. SHOULD THE FABRIC DECOMPOSE OR BECOME INEFFECTIVE PRIOR TO END OF EXPECTED USEABLE 5. SILT FENCE SHALL FOLLOW MNDOT MATERIAL SPEC. LIFE AND THE BARRIER IS STILL NECESSARY, THE 3886 FABRIC SHALL BE REPLACED PROMPTLY. 3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER NT AND MUST BE REMOVED WHEN APPROXIMATELY HALF THE HEIGHT ANCHOR SLOT ALTERNATIVE I. ANCHOR, OVERLAP & STAPLE AS PER MANUFACTURER SPEClFlCATlONS 2. 1' SPACING ON STAPLES IN ANCHORING TRENCH 4"-6" OVERLAP -- PLACE 6" OF BLANKET IN TRENCH APPROVED EROSION CONTROL BLANKET PLATE # 7-1 6-07 INSTALLATION 201 PUBLIC ROAD RADIUS AS REQUIRED (15' MIN) 6" MINIMUM DEPTH OF 1" TO 2" CRUSHED ROCK ENTRANCE WIDTH AS REQUIRED (20'MIN) 1. ROCKS AT ENTRANCE CLEAN WORKSITE MUD OFF OF TRUCK TIRES BEFORE DRIVING ON MAIN ROAD 2. REPLACE CRUSHED ROCK ONCE SILT FROM TIRES HAS RENDERED THE ROCK CONSTRUCTION ENTRANCE INEFFECTIVE, OR AS DIRECTED BY CITY ENGINEER. APPROVED ROCK CONSTRUCTION PLATE # 7-1 6-07 ENTRANCE 202 1. NO MANHOLE SHALL BE ORDERED UNTIL ENGINEER APPROVES SHOP DRAWINGS. 2. USE 72" MANHOLE IF THE DISTANCE BETWEEN HOLES IS LESS THAN 112 OF SMALLEST PIPE OUTSIDE DIAMETER. 3. CONTRACTOR IS RESPONSIBLE FOR CLEANING ENVIRONMENTAL MANHOLES PRIOR TO FINAL ACCEPTANCE. "NEENAH R-3067-V" STREET CATCH BASIN CASTING, "NEENAH R-4342" YARD IF STANDARD MANHOLE CATCH BASIN CASTING, FRAME AND COVER IS USED, "MCI 301-A OR "NEENAH R-1733" ADJUST 114" MIN - 112" MAX 4" MIN - 12" MAX CONCRETE ADJUSTING STANDARD MANHOLE BELOW FINISHED BLACKTOP RINGS WITH 113" MIN - 112" MAX FRAME AND COVER "NEENAH R-1919" MANHOLE MORTAR BETWEEN RINGS (STAMPED "STORM SEWER) ADJUSTING RING OR OR APPROVED EQUAL APPROVED EQUAL FOR WEAR MANHOLE I CATCH COURSE ADJUSTMENT OR APPROVED EQ NO TONGUE OR GROOVE AT TOP - WALL CONSTRUCTION AND BOTTOM OF MANHOLE IF SLAB SHALL BE CLASS II PRECAST AND BARREL CONSTRUCTION "RAMNECK OR APPROVED EQUAL SINGLE OFFSET JOINT WITH PROFILE RUBBER GASKET "INFI-SHIELD" EXTERNAL JOINT SEAL WRAP A. INDUSTRIES PSI -PF" STEEL OR APPROVED EQUAL ALL DOGHOUSES SHALL BE GROUTED ON INSIDE AND OUTSIDE. VARIABLE ALL MORTARIGROUTING SHALL BE PRECAST REINFORCED CONCRETE MANHOLE SECTION CL-5 AGGREGATE AS DIRECTED BY CITY ENGINEER * MNDOT STANDARD PLATE NO. 3000L ** MNDOT STANDARD PLATE NO. 4022A FOR 3' X 2' OPENING 1. NO MANHOLE SHALL BE ORDERED UNTIL ENGINEER APPROVES SHOP DRAWINGS. 2. CONTRACTOR IS RESPONSIBLE FOR CLEANING ENVIRONMENTAL MANHOLES PRIOR TO FINAL ACCEPTANCE. 27" DIA. HOLE ALL DOGHOUSES SHALL BE GROUTED ON BOTH INSIDE AND OUTSIDE. ALL MORTARIGROUTING SHALL BE WlTH NON-SHRINKING CEMENT. ADJUST CASTING 114" MIN - 112" MAX BELOW FINISHED BLACKTOP "NEENAH R-1919" MANHOLE ADJUSTING RING OR APPROVED EQUAL FOR WEAR COURSE ADJUSTMENT RINGS WlTH 113" MIN - 112" MAX "MCI 301-A" OR "NEENAH R-1733" MORTAR BETWEEN RINGS STANDARD MANHOLE "INFI-SHIELD" EXTERNAL MANHOLE FRAME AND COVER SEAL OR APPROVED EQUAL (STAMPED "STORM SEWER) OR APPROVED EQUAL 8" X 86" 0 PRECAST CONCRETE COVER MNDOT STANDARD PLATE NO. 4020J ASTM C-478 PRECAST REINFORCED ED COPOLYMER MANHOLE STEP WALL CONSTRUCTION SHALL BE CLASS II PRECAST SPACED 16" O.C. AND PIPE, MNDOT STANDARD SHALL CONFORM TO PLATE NO. 3000L OSHA STANDARDS "INFI-SHIELD" EXTERNAL JOINT SEAL WRAP OR APPROVED EQUAL NO TONGUE OR GROOVE AT TOP AND BOTTOM OF MANHOLE IF SLAB AND SINGLE OFFSET JOINT BARREL CONSTRUCTION "RAMNECK OR APPROVED EQUAL 8" X 92" 0 PRECAST CONCRETE BASE MNDOT STANDARD PLATE NO. 401 1 E AGGREGATE BASE "CLOW F-2493 STAY PUT" COVER OR APPROVED EQUAL (STAMPED "WATER) FINISHED GRADE "TYLER 6860GU CAST IRON THREE PIECE VALVE BOX OR APPROVED EQUAL ADJUSTABLE GATE VALVE EXTENSION STEM TOP OF STEM SET 6" BELOW FINISHED GRADE OF ADJUSTMENT AB AND BELOW GRADE GATE VALVE ADAPTER BE INSTALLED UPON THE 114" STEEL WlTH VALVE WlTH THE USE OF UV POLYURETHANE PROTECTIVE COATING AGATEVALVEADAPTER AS MANUFACTURED BY "ADAPTER, INC." OR APPROVED EQUAL RUBBERGASKETATTACHEDTOTHE GATE VALVE ADAPTER TO ABSORB ANY PRESSURE OR MOVEMENT CAUSED BY ROAD TRAFFIC APPROVED RESlLlEN SEATED GATE VALVE 8" CONCRETE BLOCK 1. NO INSIDE ADJUSTMENT SECTIONS ALLOWED. 2. GATE VALVE AND BOX SHALL BE STRAIGHT, ALLOWING A 4" PVC PIPE TO SLIDE DOWN THE BOX AND OVER THE GATE OPERATING NUT. 3. CONTRACTOR SHALL PROVIDE THE CITY MAINTENANCE SHOP WlTH ONE 3 FT GATE VALVE KEY FOR EVERY 10 GATE VALVES INSTALLED, MINIMUM OF TWO. COST OF KEYS SHALL BE INCIDENTAL. VALVE BOX EXPANSION JOINT (TYP.) TIP GUTTER OUT TO ALLOW DRAINAGE TO VALLEY GUTTER IN THlS QUADRANT WlTH DRAINAGE AS SHOWN POUR INTEGRAL WlTH CURB CURB & GUTTER PLAN VIEW 3 - COATED #4 REBAR (2' LONG) BETWEEN JOINTS JOINT SEALER AS PER MNDOT SPEC. #3723 SECTION A-A 1. THE ClTY REQUIRES CONCRETE VALLEY GUTTER ACROSS STREET AND DRIVEWAY INTERSECTIONS WlTH OVERLAND CROSS DRAINAGE WlTH A GRADE LESS THAN 1 % OR PER THE ClTY ENGINEER. 2. THE AIR CONTENT OF THE CONCRETE SHALL NOT BE LESS THAN 4 NOR MORE THAN 7 PERCENT. CONCRETE MIX SHALL BE 3A32 WHERE FORMS ARE PLACED AND 3A22 WHERE SLIP FORM MACHINE PLACEMENT IS USED. 3. THE CONCRETE CURB VALLEY GUTTER SHALL BE PLACED ON A MINIMUM OF 3" OF COMPACTED AGGREGATE BASE, CLASS-5,100% CRUSHED QUARRY ROCK. 4.. PROVIDE FULL DEPTH EXPANSION JOINTS USING PRE FORMED BOARD MATERIAL, PLACED IN ACCORDANCE WlTH MNDOT PLATE 7035L, WHERE INDICATED ON DETAILS, AND AGAINST FIXED OBJECTS. PROVIDE CONTRACTION JOINTS, 113 THE DEPTH OF THE CONCRETE OR MORE, AT 10 FOOT INTERVALS ALONG THE VALLEY GUTTER. 5. WITHIN ONE HOUR AFTER THE CONCRETE IS FINISHED AND "BROOMED", ALL EXPOSED SURFACES; FRONT, TOP, AND BACK; SHALL BE SPRAYED WlTH MEMBRANE CURING COMPOUND CONFORMING TO MNDOT 3754 AT A RATE OF NOT LESS THAN 1 GALLON PER 150 SF. 6. BACKFIRING OF THE VALLEY GUTTER SHALL BE COMPLETED WITHIN 48 HOURS AFTER THE 5 DAY CURING PERIOD AND PRIOR TO BITUMINOUS SURFACING OF THE ROADWAY. EXTREME CARE MUST BE EXERCISED DURING THlS OPERATION TO PREVENT HORIZONTAL DISPLACEMENT OF VALLEY GUTTER. THERE SHALL BE NO EXCESS CONCRETE OR DEBRIS LEFT BEHIND THE CONCRETE BEING BACKFILLED. 7. THE CONTRACTOR SHALL SUBMIT TO THE ENGINEER THE CONCRETE DESIGN MIX WlTH A LETTER FROM AN APPROVED TESTING LABORATORY, PRIOR TO PLACEMENT OF ANY CONCRETE. THE LETTER SHOULD STATE THAT THE AGGREGATES AND THE PROPORTIONS MEET THE REQUIREMENTS OF THE SPECIFICATIONS. 8. THE COMPLETE CONCRETE WORK SHALL GIVE THE APPEARANCE OF UNIFORMITY IN SURFACE CONTOUR AND TEXTURE, AND SHALL BE ACCURATELY CONSTRUCTED TO LINE AND GRADE. UNACCEPTABLE WORK SHALL BE REMOVED AND REPLACED WlTH ACCEPTABLE WORK AS ORDERED BY THE ENGINEER. CRACKING AT AREAS OTHER VALLEY GUTTER PLAN VIEW OF PERPENDICLILAR RAMP PLAN VIEW OF DIAGONAL RAMP 5' 4" 6" CURB ) 3'4" (4" CURB SECTION A-A DOME SPACING 'X 'IS LESS THAN 4 FT., THEN THE FLARED SIDE SLOPE (4" CURB & 0.08 FT./FT. SLOPE ) ELEVATION OF RAMP 1 4" CURB & 0.08 FT./FT. SLOPE 1 THE CURB AND CURB TRANSITION ON THE RAMP WILL BE PAID FOR AS LINEAR FEET OF CONCRETE CURB OR CONCRETE CURB AND GUTTER. THE RAMP AREA WILL BE PAID FOR AS CONCRETE WALK EXCLUDING THE TRUNCATED DOME AREA WHICH WILL BE PAID FOR AS TRUNCATED DOMES BY THE SQUARE FOOT. BIKE TRAILS SHALL HAVE TRUNCATED DOMES ACROSS THE ENTIRE WIDTH OF TRAIL WHEN THE TRAIL CROSSES A ROAD. DOMES ARE NOT TO BE USED ON SIDEWALKS OR TRAILS WHEN CROSSING ALLEYS OR DRIVEWAYS. @ 1/2 INCH PREFORMED JOINT FILLER MATERIAL. AASHTO M 213. @ WHEN POSSIBLE, PROVIOE A CLEAR PATH OF TRAVEL 4'0" WIDE BEHIND THE PEDESTRIAN RAMP. A RELATIVELY FLAT 4' X 4'LANDING WILL ALLOW WHEELCHAIRS TO NAVIGATE AROUND THE PEDESTRIAN RAMP. NO SIGNALS. SIGNS. CABINETS. OR OTHER OBSTRUCTIONS ARE ALLOWED IN THE RAMP OR PATH OF TRAVEL. DOME AREA SHALL BE A DARK COLOR (RED -1 WHEN THE ADJACENT SIDEWALK IS PEDESTRIAN CURB RAMP FOR THE HANDICAPPED FEASIBILITY REPORT FISH POINT ROAD (CSAH 44 TO TH 13) RECONSTRUCTION PROJECT – PHASE 2 CITY OF PRIOR LAKE | SCOTT COUNTY, MINNESOTA JANUARY 3, 2022 Prepared for: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 CITY PROJECT NO. 2023-01 WSB PROJECT NO. 013977-000 FEASIBILITY REPORT Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 FISH POINT ROAD (CSAH 44 TO TH 13) RECONSTRUCTION PROJECT – PHASE 2 CITY PROJECT NO. 2023-01 FOR THE CITY OF PRIOR LAKE, MN January 3, 2022 Prepared By: 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM January 3, 2022 Honorable Mayor and City Council City of Prior Lake 4545 Dakota Street SE Prior Lake, MN 55372 Re: Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 City of Prior Lake Project No. 2023-01 WSB Project No. R-013977-000 Dear Honorable Mayor and City Council Members: Transmitted herewith for your review is a feasibility report which addresses improvements associated with the Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2. We would be happy to discuss this report with you at your convenience. Please contact me at 952.737.4675 if you have any questions or concerns. Sincerely, WSB Monica Heil, PE Project Manager Attachment CERTIFICATION Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 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. Monica Heil, PE Date: January 3, 2022 Lic. No. 47497 Quality Control Review Completed By: Adam Gadbois, PE Date: January 3, 2022 Lic. No. 54787 TABLE OF CONTENTS Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ................................................................................................. 1 2. INTRODUCTION ............................................................................................................. 2 2.1 Authorization ........................................................................................................ 2 2.2 Scope .................................................................................................................. 2 2.3 Data Available ...................................................................................................... 2 2.4 Background .......................................................................................................... 2 3. EXISTING CONDITIONS ................................................................................................ 3 3.1 Surface ................................................................................................................ 3 3.2 Public Utilities ...................................................................................................... 3 3.2.1 Storm Sewer and Drainage ...................................................................... 3 3.2.2 Sanitary Sewer ......................................................................................... 4 3.2.3 Watermain ................................................................................................ 4 3.3 Street Lighting ...................................................................................................... 4 3.4 Sidewalks ............................................................................................................ 4 3.5 Private Utilities ..................................................................................................... 4 4. PROPOSED IMPROVEMENTS ...................................................................................... 5 4.1 Streets ................................................................................................................. 5 4.1.1 Right-Of-Way ........................................................................................... 5 4.1.2 Retaining Walls ........................................................................................ 5 4.2 Public Utilities ...................................................................................................... 6 4.2.1 Storm Sewer and Drainage ...................................................................... 6 4.2.2 Sanitary Sewer ......................................................................................... 6 4.2.3 Watermain ................................................................................................ 6 4.3 Street Lighting ...................................................................................................... 6 4.4 Sidewalks ............................................................................................................ 7 4.5 Intersection Improvements ................................................................................... 7 4.6 Permits/Approvals ................................................................................................ 8 4.7 Construction Access/Staging ............................................................................... 8 4.8 Public Involvement ............................................................................................... 8 5. FINANCING .................................................................................................................... 9 5.1 Opinion of Probable Cost ..................................................................................... 9 5.2 Funding .............................................................................................................. 10 5.3 Preliminary Assessment Roll ............................................................................. 10 6. PROJECT SCHEDULE ................................................................................................. 11 7. FEASIBILITY AND RECOMMENDATION .................................................................... 12 Appendix A Figure 1 – Project Location Map Typical Sections TABLE OF CONTENTS (continued) Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 Appendix B Geotechnical Report Appendix C Phase 2 Opinion of Probable Cost Appendix D Assessment Map Phase 2 Preliminary Assessment Roll Appendix E January 23, 2020 Neighborhood Meeting Minutes August 5, 2020 On-Site Property Owner Meeting Notes Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 1 1. EXECUTIVE SUMMARY Phase 2 of the Fish Point Road (CSAH 44 to TH 13) Reconstruction Project includes the reconstruction of Fish Point Road SE from 160th Street SE (CSAH 44) to MnDOT Trunk Highway 13 (TH 13). Phase 1 of the project was completed in 2021 and included the reconstruction of the local streets that access Fish Point Road SE in this area. These streets include: Hidden Oaks Circle SE, Timberview Street SE, Millers Circle SE, Glory Circle SE, Timber Trail SE, and Omega Trail SE. This feasibility report will cover Phase 2 of the Fish Point Road Reconstruction Project. The reconstruction of the Fish Point Road corridor and underlying utilities is identified in the City’s Capital Improvement Plan (CIP) for construction in 2023. Roadway reconstruction, consisting of removal of the existing bituminous pavement, subgrade correction, replacement of concrete curb and gutter, and new bituminous pavement is proposed for Fish Point Road from 160th Street SE (CSAH 44) to MnDOT Trunk Highway 13 (TH 13), which is approximately 3,480 feet (0.66 miles). The sidewalk along Fish Point Road SE is also proposed to be replaced with this project. Existing public retaining walls within the project area will be replaced in conjunction with the public improvements. A map showing the project location can be found on Figure 1 in Appendix A. Replacing portions of the City’s deteriorating utility infrastructure in conjunction with the proposed street improvements provides an opportunity to minimize the replacement costs and traffic disruptions associated with the work. Proposed utility improvements include the following: ▪ Installation of new watermain ▪ Replacement of hydrants, gate valves, and utility services ▪ Installation of new storm sewer to improve overall drainage and meet State Aid design standards along Fish Point Road ▪ Replacement of vitrified clay pipe (VCP) sanitary sewer pipe Traffic improvements are also proposed to Fish Point Road: ▪ Intersection improvements at Fish Point Road and TH 13 to facilitate the construction of dedicated turn lanes for northbound and southbound traffic onto TH 13 from northbound Fish Point Road, and a dedicated through lane for southbound traffic onto Fish Point Road from TH 13 ▪ Modification of ingress and egress points to Twin Oaks Middle School The proposed improvement cost for reconstructing Fish Point Road in 2023 is estimated to be $5,998,000.00. These estimates include a 10% contingency and 28% indirect costs. Funding for the project will be provided through assessments to benefiting properties, tax levy , State Aid funds, and various City funds. Reconstruction of Fish Point Road is scheduled to begin in the spring of 2023, with substantial completion scheduled for September 2023. The final wear course will also be in the fall of 2023. This project is feasible, necessary, and cost-effective from an engineering standpoint and should be constructed as proposed herein. Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 2 2. INTRODUCTION 2.1 Authorization On August 19, 2019, the City of Prior Lake City Council authorized the preparation of a feasibility report for the Fish Point Road (CSAH 44 to TH 13) Reconstruction Project in Resolution 19-095. This project has been designated City Project No. TRN 20-000001. The feasibility report focusing on Phase 1 of the project was prepared and accepted by the City Council on September 21, 2020. This feasibility report update pertains to Phase 2 and is provided as a supplement to the original feasibility report. 2.2 Scope This report investigates the feasibility of proposed improvements to street and utilities identified within the City’s Capital Improvement Plan. The streets proposed for the Fish Point Road (CSAH 44 to TH 13) Reconstruction Project were initially considered because of existing pavement conditions and known utility failures. The project includes the following streets . ▪ Fish Point Road SE from 160th Street SE (CSAH 44) to Trunk Highway 13 (TH 13) The project area is shown in Figure 1 of Appendix A. Improvements within this report include roadway reconstruction, public retaining wall replacement, concrete sidewalk replacement, sanitary sewer lining improvements and replacement, watermain replacement, storm sewer improvements, intersection improvements at Fish Point Road and TH 13, and traffic improvements to Twin Oaks Middle School 2.3 Data Available Information and materials used in the preparation of this report include the following: ▪ City of Prior Lake Capital Improvement Plan ▪ City of Prior Lake Assessment Policy ▪ City of Prior Lake Property Index Records ▪ City of Prior Lake Topography Maps ▪ City of Prior Lake Sanitary Sewer Televising Reports ▪ City of Prior Lake Utility Maintenance Logs ▪ City of Prior Lake Pavement and Utility Overall Condition Index Ratings ▪ Geotechnical Report prepared by WSB and completed in March 2020 ▪ Special Benefit Consultation prepared by Patchin Messner Valuation Counselors, dated July 31, 2020 ▪ Field Observations of the Area and Field Topography Surveys ▪ Drone footage of traffic operations during middle school morning drop off and afternoon pick up times along Fish Point Road, just north of CSAH 44, collected on November 9, 2021. 2.4 Background The City of Prior Lake has developed a Capital Improvement Plan to maintain infrastructure within the City. The proposed project area has been identified as a potential street reconstruction project location, where the streets are proposed to be reconstructed and issues with utilities addressed. The City of Prior Lake utilizes a Pavement Management Program to rate the condition of the City’s streets. The pavement rating, known as Overall Condition Index (OCI), is determined based on the amount of pavement deterioration that is visually evident. The street OCI is a number between 0-100, with 100 indicating streets that are in the best condition or are newly paved and 0 being the worst. Streets in need of a mill and overlay generally have an OCI of 45-65 and streets with an OCI between 35-45 Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 3 usually require a full depth reclamation. When the OCI reaches a range of 0-35 or when utility repairs are needed, the street usually requires a full reconstruction. A detailed account of the OCI values for the project area is shown in Table 1. 3. EXISTING CONDITIONS 3.1 Surface The pavement within the proposed improvement area is aging and exhibiting alligator cracking, edge cracking, transverse cracking, longitudinal cracking, stripping (that has since been patched) and some rutting. The bituminous pavement is becoming more brittle due to age and is showing signs of accelerated deterioration. The concrete curb and gutter is in overall poor condition, with locations of cracking and settling. The northern portion of Fish Point Road SE includes medians and turn lanes onto Omega Trail and Trunk Highway 13. The medians are in overall poor condition and show cracking in both the curb and interior concrete. A summary of existing conditions by street is provided in Table 1. Table 1 Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 Summary of Existing Conditions Street Name Location ROW (feet) Length (feet) Width* (feet) Existing OCI Fish Point Road SE CSAH 44 to Glory Circle SE 66 2,910 32 - 44 22 Fish Point Road SE Glory Circle SE to TH 13 60 550 32-52** 22 *Back of curb to back of curb street width **Layout includes medians and turn lanes A geotechnical report was completed by WSB in March of 2020. A total of 9 soil borings were taken at various locations along Fish Point Road. The borings indicate bituminous pavement thicknesses from 4 inches to 10 inches. Underlying the pavement was approximately 4.5 inches to 24 inches of aggregate base. The borings showed lean clay and some sand material below the aggregate. The full report can be found in Appendix B. 3.2 Public Utilities The City of Prior Lake owns, operates and maintains storm sewer, sanitary sewer, and watermain within the project area. 3.2.1 Storm Sewer and Drainage Existing and aging storm sewer infrastructure exists within the project area. The storm sewer was installed between 1980 and 1986. Stormwater runoff in the project area is collected into a storm sewer system and is generally discharged to stormwater basins and wetlands located east of Fish Point Road. Stormwater from the northern portion of Fish Point Road and Omega Trail is conveyed by storm sewer across TH 13 and into Lower Prior Lake. Based on field observations, the existing storm sewer is fair-to-poor condition and will need to be upgraded to properly collect and convey stormwater for the proposed roadway and pedestrian improvements. The project is located entirely within the Prior Lake Spring Lake Watershed District (PLSLWD). Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 4 3.2.2 Sanitary Sewer The sanitary sewer system within the project area was constructed in 1972 and consists of 8-inch and 9-inch vitrified clay pipe (VCP). The sanitary sewer for the project area flows north towards the sanitary sewer at Trunk Highway 13, which then flows south along TH 13 via City-owned trunk sanitary sewer facilities to CSAH 21, where the system then connects to the MCES gravity interceptor system that flows west and north to exit the City. The existing sanitary sewer pipe and manholes are in fair condition. 3.2.3 Watermain The watermain system within the project area was installed between 1972 and 1975. The existing watermain on Fish Point Road SE consists of 6-inch and 8-inch ductile iron pipe and 8-inch cast iron pipe. 3.3 Street Lighting Streetlights on utility poles exist on Fish Point Road SE from CSAH 44 to Huron Street SE. 3.4 Sidewalks Between CSAH 44 and Huron Street SE, 5-foot concrete sidewalks with boulevards exists on both the west and east sides of Fish Point Road SE. Between Huron Street SE and Trunk Highway 13, the boulevard between the existing 5-foot concrete sidewalk and the face of curb varies from 0-feet to 5-feet in width. In some locations, the sidewalk extends from the back of curb to the face of existing retaining walls. 3.5 Private Utilities Private utilities that have facilities in or near the project area will be notified during the final desi gn phase of the project and will be requested to coordinate any necessary repairs and replacements as needed at their cost. Private utility companies that may have facilities, both underground and aerial, within the project area include the following: ▪ Center Point Energy (Gas) ▪ CenturyLink (Telephone) ▪ Mediacom (Fiber Optic/Cable) ▪ Minnesota Department of Transportation (Signals) ▪ Scott Rice/Integra Telephone (Telephone) ▪ Xcel Energy (Electric) ▪ Minnesota Valley Electric (Electric) ▪ Zayo (Telecom) Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 5 4. PROPOSED IMPROVEMENTS 4.1 Streets Fish Point Road SE is proposed to be reconstructed with a 24-inch sand section, an 8-inch aggregate section, 6 inches of bituminous pavement, and barrier style concrete curb and gutter. Geotextile fabric will be used to separate the existing subgrade and the new street section. Between CSAH 44 and Huron Street SE the roadway will have 21.5-foot wide traffic lanes to match the existing roadway section that accommodates on-street parking adjacent to the two middle schools. Between Huron Street SE and Trunk Highway 13, the roadway will have 14-foot wide traffic lanes with no on-street parking. The typical sections for these designs are shown in Figures 2 and 3 in Appendix A. The street section designs are based on soil conditions found from the soil borings (see Appendix B), the traffic volumes, previous project experience in the area, and City standards. Within the project, the reconstructed roadway grades will be designed in such a way to minimize impacts to existing neighborhood features such as trees, landscaping, and driveways. Minor modifications to the existing alignment and roadway profile for Fish Point Road will be made to meet current State Aid design requirements. All impacted public retaining walls will be reconstructed based on the recommendations provided in the Geotechnical Report (see Appendix B). Drain tile will be installed with all new street sections within the project area to provide adequate drainage for the roadway subgrade and extend the useful life of the roa dway section. Permanent driver feedback signs (DFB) are proposed to be installed along Fish Point Road as a part of the project. In the past, City Staff has installed temporary DFBs have been installed along Fish Point Road in response to resident concerns regarding vehicle speeds within the corridor. As a part of the improvement project, permanent DFBs will be installed, similar to what was installed along Franklin Trail south of CSAH 44 (160th). City Staff have conducted multiple meetings with representatives from ISD #719 to review traffic congestion issues during peak hours (morning drop-off, afternoon pick-up, and events). Traffic data was collected via aerial camera in November 2021 during the morning drop-off and afternoon pick-up. It was discovered that the left turning movement into Twin Oaks Middle School from northbound Fish Point Road vehicles was a significant contributor to the traffic issues. It does not appear that adding dedicated turn lanes into either school along Fish Point Road will reduce the traffic issues. City Staff plan to coordinate further with school district representatives to evaluate alleviation options during final design . 4.1.1 Right-Of-Way Right-of-way needs, if any, will be identified during the final design process. Temporary construction easements or right-of-entries may be required for grading purposes to provide positive slopes to the curb and to address issues with existing retaining walls. Temporary construction easements may also be necessary along the lot lines in which runoff outlets. 4.1.2 Retaining Walls Public retaining walls within the right-of-way along Fish Point Road SE are proposed to be replaced. Precast Modular Block Walls (PMBWs) will be installed and will match walls installed with other recent public improvement projects. It is anticipated that there will be impacts to existing vegetation associated with wall excavation and construction. Fencing will be installed atop of retaining walls greater than or equal to four-feet in height to provide the necessary fall protection. Fencing is proposed to be black vinyl coated chain link. Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 6 4.2 Public Utilities The City of Prior Lake owns, operates and maintains storm sewer, sanitary sewer, and watermain within the project area. The improvements to these utilities are summarized below. 4.2.1 Storm Sewer and Drainage Reconstruction of the streets provides the opportunity to improve the drainage within the project area through the installation of new or additional storm sewer facilities. Proposed drainage improvements include installation of an entirely new storm sewer collection and conveyance system. Stormwater management improvements will be implemented to achieve the requirements of the Prior Lake Spring Lake Watershed District (PLSLWD) as well as the NPDES and MS4 requirements of the Minnesota Pollution Control Agency (MPCA). Rate control will be provided to ensure proposed discharge rates are less than existing condition or that downstream facilities have the required capacity. Volume control and water quality treatment will be provided to meet the needs of the project. Stormwater credits from previous public improvements projects will be used as appropriate and available to meet the volume control and water quality treatment requirements for this project. A decrease in impervious surface would achieve the requirements of the MS4 permit. If this does not occur, additional stormwater treatment may need to be incorporated. Temporary erosion and sediment control devices will be utilized during construction in accordance with pertinent MPCA NPDES General Construction permit requirements. The costs for the proposed storm sewer improvements are included in Appendix C. 4.2.2 Sanitary Sewer The proposed sanitary sewer improvements consist of replacing all of the VCP sewer pipe within the project area. It is the City of Prior Lake’s practice to replace all sanitary sewer services to the right-of-way with the road reconstruction projects. Parcels that may be subdivided in the future will receive additional services based on the size of the lot. The costs for sanitary replacement are included in Appendix C. 4.2.3 Watermain New 8-inch PVC watermain is proposed along the project corridor. Full watermain replacement including replacement of all water services and curb boxes within the project area is proposed as part of the improvements. Temporary water services will need to be provided to maintain service to the affected properties while the main is replaced. Hydrants, valves, and services will also be replaced in these areas as needed. All parcels will receive a new service to the right-of-way. Parcels that may be subdivided in the future will receive additional services based on the size of the lot. The costs for watermain replacement are included in Appendix C. 4.3 Street Lighting The streetlights that exist along Fish Point Road SE are limited to that portion of the road between CSAH 44 and Huron Street SE and the intersections at Hidden Oaks Circles SE and Trunk Highway 13. The replacement of existing streetlights and the addition of new streetlights, especially at intersections, has been standard practice with past improvements projects within the City. The proposed streetlights for the project will be rectilinear style with LED style bulbs. Streetlights will be owned and maintained by the electric service providers for this area (Xcel Energy and Minnesota Valley Electric ). Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 7 4.4 Sidewalks Replacement of the 5-foot wide concrete sidewalk is proposed along Fish Point Road SE. From CSAH 44 to Huron Street SE, a 5.5-foot boulevard is proposed between the face of the curb and the edge of the sidewalk. Between Huron Street SE and Trunk Highway 13, the boulevard width will vary between being 0.5-feet wide and 5-feet wide, such that the sidewalk will be reinstalled in a similar location to preconstruction conditions where adjacent retaining walls and right-of-way locations limit the creation of boulevard spaces between the roadway and the sidewalk. Pedestrian curb ramps meeting current ADA standards will be constructed at sidewalk connections with the residential streets. New concrete sidewalk along the west side of Fish Point Road from Omega Trail SE to TH 13 is proposed based on feedback from residents. This sidewalk would create a connection to the sidewalk on the east side of Fish Point Road that utilizes a signalized crosswalk . Installation of such a sidewalk will result in the need for additional right-of-way, and thus is dependent on cooperation from the property owner. Private utility impacts and retaining wall needs associated with the construction 4.5 Intersection Improvements The medians and turn lanes at the Fish Point Road SE and Timber Trail SE/Omega Trail SE and at Fish Point Road SE and Trunk Highway 13 are proposed to be removed and/or reconfigured with this project. The median south of Omega Trail SE is proposed to be eliminated and replaced with pavement markings, while the northern median will be relocated to allow for the construction of a dedicated southbound left turn lane onto Timber Trail SE, as well as dedicated north and southbound turn lanes onto TH 13 from northbound Fish Point Road. See Figure 4.5.1 below. Figure 4.5.1 Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 8 4.6 Permits/Approvals The anticipated permits and approvals, and the respective regulatory agencies, are listed below: ▪ Minnesota Pollution Control Agency (NPDES) ............................... Erosion/Storm Water Permit ▪ Minnesota Department of Transportation (TH 13) ...................................... Right-of-Way Permit ▪ Scott County (CSAH 44) ............................................................................. Right-of-Way Permit ▪ Minnesota Department of Health ............................................... Extension of Watermain Permit ▪ Prior Lake Spring Lake Watershed District……………..Stormwater and Erosion Control Permit In addition to a Right-of-Way Permit, the City will work with MnDOT to obtain the necessary approvals associated with the intersection improvements at Fish Point Road and TH 13, including the relocation of the existing signal arm to facilitate the construction of north and southbound turn lanes onto TH 13 from Fish Point Road. Costs for reconfiguration of the signal system are included in Appendix C. 4.7 Construction Access/Staging A detour for Fish Point Road SE will be necessary to keep non-local traffic from entering the project area and to maintain access to the middle school sites during construction. Fish Point Road will be closed to through traffic, and open to “Local Traffic Only,” during construction. The neighborhood will experience times during utility and retaining wall construction and other work tasks where ingress and egress is restricted during the day. Alternative routes through the neighborhood may need to be utilized to access driveways. It is anticipated that construction activities throughout the project area will be phased during the 2023 construction season. Additional details regarding phasing and detour plans will be developed with the final design of the project. Phasing of the project will allow for portions of Fish Point Road to remain open while other segments are closed to thru traffic. Access to driveways will be restricted during and after concrete curb and concrete driveway patches are poured. City Staff has been coordinating with ISD #719 on bus access and construction activities during the 2023- 2024 school years, though it is anticipated that the segment of Fish Point Road adjacent to the middle schools will be completed prior to Labor Day 2023. City Staff will continue to work with the school district to coordinate access to both middle schools during the summer months to ensure planned Community Education offerings at the middle school can continue, in addition to planned athletic club use of the middle school sites and Lakefront Music Fest Parking. School district representatives have suggested that many, if not all, events can be moved to another location for the su mmer. 4.8 Public Involvement Public informational meetings for the proposed project have been conducted by the City on multiple occasions throughout the multi-year project. Information has been presented to attendees regarding the proposed improvements, funding sources, schedule, and impacts associated with the project. An open house meeting will be conducted in January 2022, after the feasibility report is accepted by City Council, but prior to final design. Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 9 A project website, project email and project helpline number have all been established for this project to assist with on-going project communication: Project Website Project Email Project Helpline fishpointproject.com info@fishpointproject.com 952-737-4683 5. FINANCING 5.1 Opinion of Probable Cost A detailed opinion of probable cost is included in Appendix C of this report. The opinion of probable cost is based on projected construction costs for 2023 and includes a 10% contingency and 28% indirect costs. The indirect costs include engineering, legal, and administrative costs associated with the project. The project costs are summarized as follows: Table 3 2023 Construction - Fish Point Road (CSAH 44 to TH 13) Improvement Estimated Cost CSAH 44 to TH 13 Street Improvements $3,344,000 Drainage Improvements $697,500 Sanitary Improvements $330,500 Watermain Improvements $581,500 Lighting Improvements $58,000 Retaining Wall Improvements $856,500 TH 13 / Fish Point Road Intersection Improvements $130,000 GRAND TOTAL $5,998,000 Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 10 5.2 Funding The proposed funding for the improvements is a combination of funding from City funds and assessments to benefiting properties. The City’s funding is from State Aid funds, the tax levy general funds, utility funds, and water quality funds. State Aid funds are estimated to fund all the surface improvements, less funding received from assessments, the lighting improvements, the retaining wall improvements, the drainage improvement costs. The proposed amount for each funding source is identified below: Table 5 2023 Construction – Fish Point Road (CSAH 44 to TH 13) Funding Summary Funding Source Amount Assessments $440,500* State Aid Funds $4,463,000 Tax Levy $183,000 Water Utility Fund $581,500 Sewer Utility Fund $330,000 GRAND TOTAL $5,998,000 *From Special Benefit Consultation, and assuming 3.0% per year inflation over two years. The preliminary assessment amounts were obtained from a special benefit consultation completed on July 31, 2020. A 3% per year inflationary rate has been applied to the preliminary assessment amounts over a two-year period, which is the time elapsed between the Phase 1 Assessment Hearing and the Phase 2 Assessment Hearing. 5.3 Preliminary Assessment Roll Assessments will be levied to the benefiting properties as outlined in Minnesota Statute 429 and the City of Prior Lake’s Assessment Policy. A Special Benefit Consultation by Patchin Messner Valuation Counselors was prepared for this project. This report analyzes the probable special benefit to the abutting properties derived by the infrastructure improvements. The proposed assessment roll for Phase 2 is included in Appendix D of this report, along with an assessment map identifying the benefiting properties. The Assessment Review Committee met on August 5th, 2020, and reviewed the front footage, lot area, and Residential Unit Density (RUD) assessment methods, as well as the Special Benefit Consultation Report. The Assessment Review Committee determined it was most appropriate to use the special benefit amounts determined in the Special Benefit Consultation. The special assessment amounts for each property are provided in the proposed assessment rolls in Appendix D. The assessment amounts have been adjusted for an inflation rate of 3.0% per year for a period of two years. Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 11 6. PROJECT SCHEDULE The proposed schedule for the Project is as follows: Accept Feasibility Report/Set Public Hearing ........................................................... January 3, 2022 Neighborhood Meeting ........................................................................................... January 20, 2022 Public Improvement Hearing for Phase 2 ............................................................... February 7, 2022 State Aid Submittal for Fish Point Road Improvements ............................................ August 8, 2022 Approve Plans and Specifications/Authorize Ad for Bid ..................................... November 14, 2022 Open Bids ............................................................................................................... January 18, 2023 Assessment Hearing for Phase 2 ............................................................................... March 6, 2023 Begin Construction for Phase 2 ................................................................................. May/June 2023 Final Completion for Phase 2 ................................................................................... November 2023 Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 12 7. FEASIBILITY AND RECOMMENDATION The improvements proposed in this study are necessary for a number of reasons. The reconstruction of the streets within this project provides the City with a cost-effective means of continuing the City’s street improvement efforts and ensuring an adequate means of transportation for local residents. The reconstruction of utilities within the area is ideal at this time due to the reconstruction of the road and the worsening state of the existing utilities. These improvements will provide a longer lasting p roduct needing less maintenance over time. The proposed improvements constitute a project large enough to ensure a competitive bidding environment, economies of scale, and are deemed to be cost-effective. Based on the information contained within this report, the proposed project is deemed necessary, cost-effective, and feasible from an engineering standpoint. The project feasibility is subject to financial review by the City. Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 APPENDIX A Figure 1 – Project Location Map Figure 2 - Typical Section: Fish Point Road SE (North Area) Figure 3 - Typical Section: Fish Point Road SE (South Area) ?±A@ G³WX Twin Oaks Middle School Hidden Oaks Middle School W O O D S IDE RD S E HIDDENOAKS CIR S E 158 ST W 153 ST W 160 ST E SUE ANN LNHURON ST SEFORSYTHERDSELUTHER RD SE G LO R YCIRSEM IL L E R S C IR SEW I L D WOODCIRSEHILLSBORO AV SCOUNTRYDR COU N T RYLNOMEGATRLSEHWY 13 ST IM BER TRL SE 160 ST SEF ISHPOINTRDSEScott County GIS Ph ase 1 (20 21) Project Location Ph ase 2 (20 23) Project Location 0 400Feet¯Fish Point Road (CSAH 44 to TH 13) Reconstruction ProjectFigure 1 - Project Location MapPrior Lake, MN Document Path: K:\013977-000\GIS\Maps\ProjectLocationAerial.mxd Date Saved: 8/14/2020 8:28:36 AM1 inch = 400 f eet WSB PROJECT NO.:K:\013977-000\Cad\Exhibits\013977_Typical Sections Exhibit.dwg 11/23/2021 12:39:57 PM013977-000 FISH POINT ROAD (CSAH 44 TO TH 13) FIGURE 2 - FISH POINT ROAD SE (NORTH AREA) CITY OF PRIOR LAKE, MN 33'33' ROADWAY 2%2%1:1 14' R/W R/W 2" TYPE SP 12.5 BITUMINOUS WEARING COURSE MIXTURE (3,C) SPWEB340C 2357 BITUMINOUS TACK COAT 2" TYPE SP 12.5 BITUMINOUS BINDER COURSE MIXTURE (3,C) SPWEB340C 2357 BITUMINOUS TACK COAT 2" TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (3,C) SPNWB330C 8" AGGREGATE BASE CLASS 5 24" SELECT GRANULAR EMBANKMENT GEOTEXTILE FABRIC TYPE 5 EXISTING SUBGRADE 14' B618 CONCRETE CURB & GUTTER B618 CONCRETE CURB & GUTTER TYPICAL SECTION FISH POINT ROAD HURON ST SE TO TH 13 CL RECONSTRUCTION PROJECT VARIES max. 10% 4" SALVAGE BOULEVARD TOPSOIL BORROW AND SOD 6" CONCRETE WALK 4" GRANULAR MATERIAL 0.5'-5'5' VARIES max. 10% 9'-13.5'19' VARIES max. 2% 6" PE DRAINTILE 6" PE DRAINTILE WSB PROJECT NO.:K:\013977-000\Cad\Exhibits\013977_Typical Sections Exhibit.dwg 11/23/2021 12:39:54 PM013977-000 FISH POINT ROAD (CSAH 44 TO TH 13) FIGURE 3 - FISH POINT ROAD SE (SOUTH AREA) CITY OF PRIOR LAKE, MN 33'33' ROADWAY 2%2%1:1 21.5' R/W R/W 2" TYPE SP 12.5 BITUMINOUS WEARING COURSE MIXTURE (3,C) SPWEB340C 2357 BITUMINOUS TACK COAT 2" TYPE SP 12.5 BITUMINOUS BINDER COURSE MIXTURE (3,C) SPWEB340C 2357 BITUMINOUS TACK COAT 2" TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (3,C) SPNWB330C 8" AGGREGATE BASE CLASS 5 24" SELECT GRANULAR EMBANKMENT GEOTEXTILE FABRIC TYPE 5 EXISTING SUBGRADE 4" SALVAGE BOULEVARD TOPSOIL BORROW AND SOD 21.5' B618 CONCRETE CURB & GUTTER B618 CONCRETE CURB & GUTTER 5.5'5' VARIES max. 10% VARIES max. 2% 1' TYPICAL SECTION FISH POINT ROAD CSAH 44 TO HURON ST SE 6" CONCRETE WALK 4" GRANULAR MATERIAL 5.5'5' VARIES max. 10% VARIES max. 2% 1' CL RECONSTRUCTION PROJECT 6" PE DRAINTILE 6" PE DRAINTILE Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 APPENDIX B Geotechnical Report GEOTECHNICAL REPORT 2021 STREET IMPROVEMENTS PRIOR LAKE, MINNESOTA March 27, 2020 Prepared for: City of Prior Lake 17073 Adelmann Street Prior Lake, MN 55372 WSB PROJECT NO. 013977-000 GEOTECHNICAL REPORT Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 2021 STREET IMPROVEMENTS PRIOR LAKE, MINNESOTA FOR CITY OF PRIOR LAKE March 27, 2020 GEOTECHNICAL REPORT Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 CERTIFICATION 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 W. Osborn, PE Date: March 27, 2020 Lic. No. 41362 March 27, 2020 Nick Monserud, PE Assistant City Engineer City of Prior Lake 17073 Adelmann Street Prior Lake, MN 55372 Re: Geotechnical Report 2021 Street Improvements WSB Project No.: 013977-000 We have conducted a geotechnical subsurface exploration program for the above referenced project. This report contains our soil boring logs, an evaluation of the conditions encountered in the borings and our recommendations for suitable foundation type, allowable soil bearing pressure for footing design, and other geotechnical related design and construction considerations. If you have questions concerning this report or our recommendations, or for construction material testing for this project, please call us at (952) 737-4660. Sincerely, WSB Mark Osborn, PE Darin Hyatt, PE Geotechnical Project Engineer Senior Geotechnical Engineer Attachment: Geotechnical Report MWO/ TABLE OF CONTENTS Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 TITLE SHEET CERTIFICATION SHEET LETTER OF TRANSMITTAL TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................................... 1 Project Location ......................................................................................................................... 1 Project Description .................................................................................................................... 1 Purpose and Project Scope of Services .................................................................................... 1 2. PROCEDURES ..................................................................................................................................... 2 2.1 Boring Layout and Soil Sampling Procedures ........................................................................... 2 2.2 Groundwater Measurements and Borehole Abandonment ....................................................... 2 2.3 Boring Log Procedures and Qualifications ................................................................................ 2 3. EXPLORATION RESULTS .................................................................................................................. 3 3.1 Site and Geology ....................................................................................................................... 3 3.2 Subsurface Soil and Groundwater Conditions .......................................................................... 3 3.3 Strength Characteristics ............................................................................................................ 4 3.4 Groundwater Conditions ............................................................................................................ 4 4. ENGINEERING ANALYSIS AND RECOMMENDATIONS .................................................................. 7 4.1 Discussion ................................................................................................................................. 7 4.2 Retaining Wall Area Preparation ............................................................................................... 7 4.3 Foundation Recommendations.................................................................................................. 8 4.4 Excavations Near Existing Structures ....................................................................................... 8 4.5 Retaining Walls .......................................................................................................................... 8 4.6 Backfill and Fill Selection and Compaction ............................................................................... 9 4.7 Pavement Subgrade Preparation and Stability ......................................................................... 9 4.8 Pavement Area ........................................................................................................................ 10 4.9 Optional Frost Free Pavement Design .................................................................................... 12 4.10 Utilities ..................................................................................................................................... 12 4.11 Dewatering............................................................................................................................... 12 4.12 Construction Considerations ................................................................................................... 12 4.13 Construction Safety ................................................................................................................. 13 4.14 Cold Weather Construction ..................................................................................................... 13 4.15 Field Observation and Testing................................................................................................. 13 4.16 Plan Review and Remarks ...................................................................................................... 13 5. STANDARD OF CARE ....................................................................................................................... 15 Appendix A Soil Boring Exhibit Logs of Test Borings Symbols and Terminology on Test Boring Log Notice to Report Users Boring Log Information Unified Soil Classification System (USCS) Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 1 1. INTRODUCTION Project Location The site is located along Fish Point Road between State Hwy 13 and 160th Street SE, as well as Timber Trail SE, Glory Circle, Hidden Oaks Circle, Timberview Street, M illers Circle, and Omega Trail, all within Prior Lake, Minnesota. The approximate soil boring locations can be found on the Soil Boring Exhibit in Appendix A. Project Description It is our understanding that this project consists of reconstruction of Fish Point Road between State Hwy 13 and 160th Street SE, as well as reconstruction of Timber Trail SE, Glory Circle, Hidden Oaks Circle, Timberview Street, Millers Circle, and Omega Trail. Along with pavement reconstruction and installation of concrete curb and gutter, we understand the underground utilities (watermain, sanitary) will be reconstructed across much of the project. Retaining walls along the roadway wi ll also be reconstructed. We understand that the sanitary sewer within the southern half of the project is at depths of about 25 feet below existing pavement grade. We understand the horizontal and vertical alignment of the roadways will remain relativ ely unchanged from existing conditions. WSB has developed foundation recommendations for this project in consideration of the proposed layout, loadings, and structural configurations as understood at this time. When the designer develops additional information about final design structural loadings, building configuration, or other significant factors, the recommendations presented herein may no longer apply. WSB should be made aware of the revised or additional information in order to evaluate the recommendations for continued applicability. Purpose and Project Scope of Services Monica Heil with WSB requested these services which were authorized by Nick Monserud with the City of Prior Lake. In order to assist the design team in preparing plans and specifications, we have developed recommendations for retaining wall foundations, underground utilities and pavements. As such, we have completed a subsurface exploration program and prepared a geotechnical report for the referenced site. This stated purpose was a significant factor in determining the scope and level of service provided. Should the purpose of the report change the report immediately ceases to be valid and u se of it without WSB’s prior review and written authorization should be at the user’s sole risk. Our authorized scope of work has been limited to: 1. Clearing underground utilities utilizing Gopher State One Call. 2. Mobilization / demobilization of a truck mounted drill rig. 3. Drilling 9 standard penetration borings to 20 foot depths. 4. Drilling 9 standard penetration borings to 30 foot depths. 5. Sealing the borings per Minnesota Department of Health procedures. 6. Perform soil classification and analysis. 7. Review of available project information and geologic data. 8. Providing this geotechnical report containing: a. Summary of our findings. b. Discussion of subsurface soil and groundwater conditions and how they may affect the proposed underground utilities and pavements. c. Estimated allowable bearing capacity of the soils. d. Estimated excavation depths to suitable soils. e. Estimated R-value of the soils. f. Recommended pavement section. g. A discussion of soils for use as structural fill and site fill. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 2 2. PROCEDURES 2.1 Boring Layout and Soil Sampling Procedures WSB completed 18 standard penetration soil borings along the proposed roadway improvement areas. WSB recommended the boring depths and selected the desired locations. Our field crew staked the borings by estimating from existing site features from the supplied site plan. The approximate boring locations are shown on the Soil Boring Exhibit in Appendix A which is an aerial photo. The ground surface elevations at the borings were estimated by using LIDAR data with 2 foot contours. These maps should be accurate to within +/- one foot (1’) provided ground surface modifications at this site have not been completed since LIDAR data was obtained. The borings were completed within the roadways and were not completed at the base of any existing retaining walls. We completed the borings between September 9 and September 27, 2019 with a truck-mounted CME-55 drill rig operated by a two-person crew. The drill crew advanced the borings using continuous hollow stem augers. The drilling information is provided on the boring logs. Generally, the drill crew sampled the soil in advance of the auger tip at two and one-half (2 ½) foot intervals to a depth of 15 feet and then at five (5) foot intervals thereafter to the termination depth of the boring. The soil samples were obtained using a split-barrel sampler which was driven into the ground during standard penetration tests in accordance with ASTM D 1586, Standard Method of Penetration Test and Split-Barrel Sampling of Soils. The materials encountered were described on field logs and representative samples were containerized, and transported t o our laboratory for further observation and testing. The samples were visually observed to estimate the distribution of grain sizes, plasticity, consistency, moisture condition, color, presence of lenses and seams, and apparent geologic origin. We classified the soils according to type using the Unified Soil Classification System (USCS). A chart describing the USCS is included in Appendix A. 2.2 Groundwater Measurements and Borehole Abandonment The drill crew observed the borings for free groundwater while drilling and after completion of the borings. These observations and measurements are noted on the boring logs. The crew then backfilled the borings to comply with Minnesota Department of Health regulations. 2.3 Boring Log Procedures and Qualifications The subsurface conditions encountered by the borings are illustrated on the Logs of Test Borings in Appendix A. Similar soils were grouped into the strata shown on the boring logs, and the appropriate estimated USCS classification symbols were also added. The depths and thickness of the subsurface strata indicated on the boring logs were estimated from the drilling results. The transition between materials (horizontal and vertical) is approximate and is usually far more gradual than shown. Information on actual subsurface conditions exists only at the specific locations indicated and is relevant only to the time exploration was performed. Subsurface conditions and groundwater levels at other locations may differ from conditions found at the indicated locations. The nature and extent of these conditions would not become evident until exposed by construction excavation. These stratification lines were used for our analytical purposes and, due to the aforementioned limitations, should not be used as a basis of design or construction cost estimates. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 3 3. EXPLORATION RESULTS 3.1 Site and Geology The borings were completed through the existing bituminous surfaced roadways. Approximate boring elevations ranged from 946 to 996 feet, and indicate an undulating terrain. Geologic origins can be difficult to determine solely from boring samples. We referenced online geologic data of the area and used our experience to help determine geologic origin of the soils, however only a detailed geologic exploration would accurately determine the geologic history of the site. The Scott County Geologic Atlas indicates the surficial geology of the area is mostly bedrock consisting of glacial till deposits consisting of a mixture of clay, silt, and sands. Gravels and cobbles are present in areas and layers of lean clay or silt may be encountered. 3.2 Subsurface Soil and Groundwater Conditions The boring profile generally consisted of the pavement section and fill materials overlying glacial till and outwash deposits. Pavement section The pavement section generally consisted of bituminous asphalt overlying an aggregate base material. The bituminous asphalt generally ranged from about 4 to 10 inches in thickness and averaged just over 6 inches. The aggregate base consisted of crushed limestone and natural granular soils consisting of sands, sands with silt, and silty sands with various amounts of gravel. The aggregate base generally ranged from about 4 ½ to 24 inches in thickness and averaged just over 8 inches. Fill The borings encountered fill materials at PB-01, PB-02, PB-03, PB-06, PB-12, PB-13, and PB-18. The fills generally consisted of lean clays with sand, silty clays, organic clays, and clayey sands. The fills were brown to dark brown to gray to black in color and generally moist to wet. Glacial deposits The predominate soils encountered in the borings were glacial deposits. These glacial till and outwash deposits generally consisted of lean clays with sand, sandy lean clays, silty clays, clayey silts, clayey sands, silty sands, and sands with various amounts of gravel. These soils were brown to dark brown to reddish brown to gray in color and were generally moist to wet. Table 1 below presents the existing roadway pavement section and subgrade profiles. Table 1: Roadway Soil Boring Profiles Boring # Bituminous Thickness (inches) Aggregate Base Thickness (inches) Subgrade Soils PB-01 8 10 Fill: Sandy Lean Clay PB-02 10 24 Fill: Lean Clay, debris PB-03 7 7 Fill: Sandy Clay and Clayey Sands PB-04 4 7 Lean Clay with Sand PB-05 6.5 8 Silty Sand, Lean Clay with Sand PB-06 6 9 Fill: Lean Clay with Sand PB-07 8 4.5 Clayey Sand Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 4 Boring # Bituminous Thickness (inches) Aggregate Base Thickness (inches) Subgrade Soils PB-08 6 9 Sand with a little Gravel PB-09 6.5 10 Lean Clay with Sand PB-10 8 4.5 Lean Clay with Sand PB-11 3 5.5 Lean Clay with Sand PB-12 4 7 Fill: Lean Clay with Sand PB-13 4.5 8.5 Fill: Silty Clay and Lean Clay with Sand PB-14 4 8 Lean Clay with Sand PB-15 6 6 Silty Sand with Clay PB-16 7 5 Lean Clay with Sand PB-17 6 4.5 Sandy Clay with Gravel PB-18 6 8 Fill: Lean Clay with Sand 3.3 Strength Characteristics The penetration resistance N-values of the materials encountered were recorded during drilling and are indicated as blows per foot (BPF). Those values provide an indication of soil strength characteristics and are located on the boring log sheets. Also, visual-manual classification techniques and apparent moisture contents were also utilized to make an engineering judgment of the consistency of the materials. Table 2 presents a summary of the penetration resistances in the soils for the borings complet ed and remarks regarding the material strengths of the soils. Table 2: Penetration Resistances Soil Type Classification Penetration Resistances Remarks Fill Varies 4 to 24 BPF Variable compaction Glacial Deposits (cohesive) CL, SC 4 to 95 BPF Average 16 BPF Very soft to very hard Generally hard Glacial Deposits (cohesionless) SP, SP-SM, SM, ML 2 to 68 BPF Average 17 BPF Very loose to very dense Generally medium dense The preceding is a generalized description of soil conditions at this site. Variations from the generalized profile exist and should be assessed from the boring logs, the normal geologic character of the deposits, and the soils uncovered during site excavation. 3.4 Groundwater Conditions WSB took groundwater level readings in the exploratory borings, reviewed the data obtained, and discussed its interpretation of the data in the text of the report. Note that groundwater levels may fluctuate due to seasonal variations (e.g. precipitation, snowmelt and rainfall) and/or other factors not evident at the time of measurement. The bore holes were only left open a short period of time, and groundwater levels may not have stabilized. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 5 Table 3 below is a summary of the estimated water levels at our borings. Table 3: Roadway Soil Boring Profiles Boring No. Ground Surface Elevation Estimated Depth to Groundwater Estimated Depth of Gray Colored Soils Estimated Groundwater Elevation PB-01 962 NE 14 948 PB-02 946 3 7 943 PB-03 956 NE 7 ½ 949 PB-04 982 NE 7 975 PB-05 986 NE NE Below 955 PB-06 982 15 12 970 PB-07 978 NE NE Below 947 PB-08 970 NE NE Below 949 PB-09 958 NE 9 949 PB-10 984 NE NE Below 963 PB-11 996 NE NE Below 975 PB-12 972 NE NE Below 951 PB-13 991 NE NE Below 970 PB-14 946 NE 1 945 PB-15 990 NE 19 971 PB-16 984 NE 4 980 PB-17 982 NE 1 981 PB-18 980 NE NE Below 949 NE – indicates ground water or gray colored soils were not encountered. Elevations rounded to the highest ½ foot. Groundwater was encountered in Borings PB-02 and PB-06. Many of our borings encountered sands at depth that were considered moist as opposed to wet or waterbearing, indicating a static groundwater level is likely below the depths of those borings. We also noted gray colored soils in many of the other borings. Gray colored soils can be an indication of long term saturation conditions and could show potential groundwater elevations. Lower Prior Lake is located approximately 500 feet north of the proj ect. Based on data from the Minnesota Department of Natural Resources, Lower Prior Lake has an ordinary high water level of 903.9 feet. Based on this, it is our opinion that the groundwater encountered during drilling is likely a perched groundwater table, however perched groundwater could have substantial volumes and may not be easy to dewater. The perched groundwater could present an issue to excavations and placement of foundations and for utility installation. It is our opinion that the contractor should be prepared for dewatering. It should be noted that groundwater readings are difficult to obtain in cohesive soils such as the lean clays indicated in the boring logs. These soils have a low permeability and take a long period of time to obtain groundwater readings in. If more accurate subsurface water levels are needed, we recommend piezometers be installed to determine the groundwater level over several months. Monitoring of the Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 6 groundwater table elevation could occur up to the time of construction. This work was outside our scope of services. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 7 4. ENGINEERING ANALYSIS AND RECOMMENDATIONS 4.1 Discussion Fills No information was provided to us regarding density tests or excavation observations for the existing fills encountered at the boring locations. The best option is complete removal of fills materials below all pavements and utilities. However, these fills were likely placed during initial roadway or utility construction and have been under traffic loading for many years. In our opinion, the risk of construction of the pavement area or a utility upon these soils is generally low. The City may option for a partial removal of the organic and wet fill materials. The borings were completed in the roadway areas, however we used the boring data for the nearby retaining walls. Fills should be removed entirely below the retaining wall foundation. These soils may be suitable for reuse if they are free of organics and can be moisture conditioned to meet compaction requirements. Glacial Deposits Based on the results of our borings, the glacially deposited soils generally appear capable of supporting the retaining walls, pavement section, and utilities. However, some of the clayey or silty soils are locally wet and would require a partial excavation and replacement. General It is our opinion that perched groundwater could be encountered by excavations at this site and could affect construction of foundations and utilities. The contractor should be prepared for dewatering. Generally, the soils in the upper 4 feet of the subgrade influence pavement performance the most. The soils within the pavement subgrade consist of clays and silts, which are frost susceptible soils. Consideration should be given to partially subcutting these soils an d replacing with a non-frost susceptible granular fill to reduce the potential frost heave below the pavement section. Silt soils are also not recommended for direct support of pavements for the aforementioned frost reasons but also because they are sensitive to moisture changes, easily disturbed by construction traffic, and difficult to compact. Where silt soils are present at the top of grading grade we expect a partial subcut and replacement with an engineered fill is recommended. 4.2 Retaining Wall Area Preparation We recommend removal of the fills and organics from below the retaining walls. Additionally, we recommend a minimum of 1 foot of granular fill be placed directly below the retaining wall foundations for support. If wet silt/clay soils that are loose/soft or become loose/soft are present under the 1 foot subcut they should be subcut a minimum of another 1 foot. Loosened sands at bottom of footing elevations should be surface compacted with a large vibratory roller having a drum diameter of at least five feet (5’) and a static dead weight of at least ten (10) tons prior to placement of engineered fill and backfill or concrete. The sub-excavations should be oversized by at least one foot (1’) beyond the edge of footings for each foot of depth below the bottom of footing elevations (1-horizontal to 1-vertical lateral oversizing). Because the depth and lateral extent of the sub-excavations will vary away from our borings, we recommend a qualified engineering technician working under the direction of a registered professional geotechnical engineer observe and test the excavation bases during construction. Based on the borings, it appears that the on-site non-organic soil can generally be reused as structural backfill provided it is moisture conditioned and can be compacted to project specifications. However, silt soils will be difficult to place and compact especially when wet and are not recommended as fill below the retaining wall foundation or as backfill materials. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 8 The site should be graded to prevent water from ponding on silty or clayey soils and potentially softening them. 4.3 Foundation Recommendations We recommend that the retaining wall foundations in this development be supported on conventional spread footings bearing on a minimum of 1 foot of granular fill placed over naturally occurring glacial deposits. Based on the borings, it is our opinion the footings throughout may be designed for a net allowable soil bearing pressure not to exceed 2,000 pounds per square foot (psf). Frost protection should follow Minnesota Administrative Rules 1305.1809. We recommend unheated footings be placed at least five feet (5’) below adjacent exterior grade. The factor of safety against shear or bearing capacity failure for this footing design would be three (3) or greater. If the site is prepared as recommended, we estimate that total and differential se ttlements corresponding to our assumed structural loads would be less than one inch (1”) and one -half inch (1/2”), respectively, provided the bearing soils are not frozen or disturbed at the time of construction. 4.4 Excavations Near Existing Structures The construction planned at this site will require some excavations near existing structures. We recommend that the owner be involved with the contractor and engineer in determining what level of care will be needed to ensure that there is no undermining of any existing foundation or slab and that no sensitive equipment could be damaged by nearby construction. Monitoring of the excavation and existing building can be completed with visual observations, vibration monitoring, crack monitoring, pr e and post construction video surveys, and survey elevation points on the existing structure. At no time should the excavations extend below existing footings or within a 1:1 oversize below the footings, unless that foundation is properly braced and supported. 4.5 Retaining Walls To help prevent water from accumulating behind retaining walls in clayey or silty soils, we recommend drain tiles be placed at the base of the granular subbase. To promote water migration to the drain tile, we recommend either a drainage composite be placed against the back side of the wall or at least two feet (2’) (horizontally) of clean coarse sand be placed along the back of the wall. We recommend the upper foot of backfill consist of clayey soils to act as a “cap” and reduce water infiltration into the backfill soils. The drain tile should be connected to the storm sewer system or “daylighted” to suitable disposal areas. To assist in below-grade/retaining wall design Table 4 presents estimated soil parameters for common backfill soils. The coefficients presented below assume a level backfill at the top of wall. If the backfill is sloped, these values may change significantly. Silt (ML) is not recommended as backfill for walls. Table 4: Estimated Soil Parameters for Below Grade/Retaining Wall Design Soil Type Unit Weight pcf Cohesion Adhesion Angle of Internal Friction Equivalent Fluid Weight (psf/ft)^2 Active Passive At-Rest SP, SP-SM 120 --- --- 32 35 400 55 SM, SC 125 --- --- 30 40 375 65 CL 115 1000 700 18 60 220 80 * - Parameters do not include safety factors. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 9 4.6 Backfill and Fill Selection and Compaction The on-site non-organic soils may be reused as backfill and fill provided they are moisture conditioned and can be compacted to their specified densities. Organic soils removed during the excavation process should be limited to use as fills in landscaping areas. Wet soils that are excavated would need to be dried before reuse as an engineered fill. Silt soils are not recommended for reuse below foundations, utilities, or the pavement section and should be used only in landscaping areas. We recommend use of a minimum of 2 feet of clean coarse sand with less than 50 percent passing the #40 sieve and less than 5 percent passing the #200 sieve when backfilling the bottom of a wet excavation. Backfills with cobbles larger than six inches (6”) should not be placed within 3 feet of grading grade or the retaining wall foundations or in contact with utilities. We recommend that clayey soils be moisture conditioned to within +/-2 percent of the optimum moisture content as determined from their standard Proctor tests (ASTM D-698). Fill should be spread in lifts of 8 to 12 inches, depending on the size and type of compaction equipment used. Table 5 provides the recommended compaction levels. Table 5: Recommended Level of Compaction for Backfill and Fill Area Percent of Standard Proctor Maximum Dry Density Retaining Wall Foundation 95 Pavement: Within 3 feet of bottom of aggregate base Within 3 foot radius of vertical utility structure 100 Pavement: Greater than 3 feet below aggregate base 95 Utility Trench 95 Landscaping (non-structural) 90 4.7 Pavement Subgrade Preparation and Stability We recommend excavation of any organic fills within 3 feet of the bottom of the aggregate base or within 3 feet of the utility invert. The soils at the bottom of the excavation should generally be prepared in accordance with MnDOT Specification 2112, Subgrade Preparation. If the subgrade preparation operations encounter unstable soils, we recommend removing these unsuitable materials and replacing them with Select Grading Material (MnDOT 2105.1.A.6). If the on-site soils cannot be moisture conditioned and compacted as recommended, additional measures, such as placement of additional sand subbase or a section of coarse breaker run aggregate, can be completed to provide a firm base for subsequent fill placement. Before placement of the sand subbase, the final subgrade should have proper stability within three vertical feet of grading grade (grade which contacts the bottom of the aggregate base). This will generally be achieved in fill areas with proper compaction of embankment materials and in cut areas through proper subgrade preparation. The stability of the pavement subgrade should be evaluated prior to placement of the sand subbase using the test roll procedure (MnDOT 2111), except a fully l oaded tandem axle dump truck or a full water truck should be utilized for the proof roll. If unstable soils are found under the test roll, these soils should be improved by means of scarification, moisture conditioning, and re - compaction, or by subcutting and replacement. We recommend placement of a geotextile fabric meeting the requirements of MnDOT Specification 3733, Type V beneath the sand subbase and above the on-site silt soils to limit mixing of the granular materials with the underlying fine-grained subgrade. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 10 4.8 Pavement Area Once the site has been prepared as recommended, we anticipate the prepared subgrade soils will consist mostly of lean clays, sandy clays, clays with sand, and sands. Based on the MnDOT Flexible Pavement Guide from 2017, the R-values of the subgrade soils would range between 10 and 70. We used a design R-value of 10 for the roadways based on the predominance of the clay soils. North Fish Point Road (North of Huron Road) Information provided to us indicates that traffic along North Fish Point Road has an Annual Average Daily Traffic (AADT) traffic volume of 1554. We estimated that traffic volumes would increase at an average rate of 2.5%. Based on the traffic data provided to us, the traffic loading consists of 62% passenger vehicles, 32% vans and pickups, 2% bus and truck traffic, and 4% tractor -trailers. Our design is based on a standard twenty (20) year design life of the pavement section. Based on the estimated traffic ADT we used the Minnesota State Aid Traffic Design forecast program to calculate the roadway traffic to be equivalent to approximately 301,000 Equivalent Single Axle Loads (ESAL’s) for roadway design. This is based on an Urban vehicle classification on a 2-lane road. Our Minnesota State Aid Traffic Design forecasting was based on a 10-ton road design. Based on MnDOT’s FlexPave excel design utilizing granular equivalent charts, we recommend the pavement section indicated below in Table 6. Table 6: Recommended Flexible Pavement Section North Fish Point Road Section Thickness (inches) Granular Equivalent Bituminous Course, MnDOT 2360 SPWEB340C 2 4.5 Bituminous Course, MnDOT 2360 SPWEB340C 2 4.5 Bituminous Course, MnDOT 2360 SPNWB330B 2 4.5 Aggregate Base, MnDOT 3138 (Class 5, 5Q, or 6) 12 12 Select Granular MnDOT 3149.2.B.2 12 6 Geotextile Fabric, MnDOT Spec 3733, Type V Yes - Subgrade Preparation, MnDOT 2112 Yes - TOTAL - 31.5 South Fish Point Road (South of Huron Road) Information provided to us indicates that traffic along North Fish Point Road has an Annual Average Daily Traffic (AADT) traffic volume of 2092. We estimated that traffic volumes would increase at an average rate of 2.5%. Based on the traffic data provided to us, the traffic loading consists of 63% passenger vehicles, 30% vans and pickups, 3% bus and truck traffic, and 4% tractor -trailers. Our design is based on a standard twenty (20) year design life of the pavement section. Based on the estimated traffic ADT we used the Minnesota State Aid Traffic Design forecast program to calculate the roadway traffic to be equivalent to approximately 472,000 Equivalent Single Axle Loads (ESAL’s) for roadway design. This is based on an Urban vehicle classification on a 2-lane road. Our Minnesota State Aid Traffic Design forecasting was based on a 10-ton road design. Based on MnDOT’s FlexPave excel design utilizing granular equivalent charts, we recommend the pavement section indicated below in Table 7. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 11 Table 7: Recommended Flexible Pavement Section South Fish Point Road Section Thickness (inches) Granular Equivalent Bituminous Course, MnDOT 2360 SPWEB340C 2 4.5 Bituminous Course, MnDOT 2360 SPWEB340C 2 4.5 Bituminous Course, MnDOT 2360 SPNWB330B 2 4.5 Aggregate Base, MnDOT 3138 (Class 5, 5Q, or 6) 12 12 Select Granular MnDOT 3149.2.B.2 12 6 Geotextile Fabric, MnDOT Spec 3733, Type V Yes - Subgrade Preparation, MnDOT 2112 Yes - TOTAL - 31.5 Other Roadways The cul-de-sac roadways did not have any traffic load information. Based on the roadways being cul-de- sacs, we assumed the ESAL’s would be less than 50,000. Our Minnesota State Aid Traffic Design forecasting was based on a 10-ton road design. Based on MnDOT’s FlexPave excel design utilizing granular equivalent charts, we recommend the pavement section indicated below in Table 8. Table 8: Recommended Flexible Pavement Section Section Thickness (inches) Granular Equivalent Bituminous Course, MnDOT 2360 SPWEB240C 1 ½ 3.4 Bituminous Course, MnDOT 2360 SPWEB240C 2 4.5 Aggregate Base, MnDOT 3138 (Class 5, 5Q, or 6) 6 6 Select Granular MnDOT 3149.2.B.2 12 6 Subgrade Preparation, MnDOT 2112 Yes - TOTAL - 19.9 General We recommend limiting Recycled Asphalt Pavement (RAP) within the upper wear course to a maximum of 10 percent in order to minimize cracking. Aggregate base placement for pavement support should meet the gradation and quality requirements for Class 5, 5Q, or 6 per MnDOT specification 3138. Aggregate base material should be compacted to 100 percent of its standard Proctor maximum dry density. Within several years after initial paving, some thermal shrinkage cracks will develop. We recommend routine maintenance be performed to improve pavement performance and increase pavement life. Pavement should be sealed with a liquid bitumen sealer to retard water intrusion into the base course and subgrade. Localized patch failures may also develop where trucks or buses turn on the pavement. When these occur, they should be cut out and patch repaired. The pavement sections above provide options to meet the ESAL requirements. Other pavement design options would be acceptable as well as long as they meet the minimum requirements for bituminous thickness, aggregate base thickness, and can meet the ESAL requirements. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 12 4.9 Optional Frost Free Pavement Design Optionally, the use of a non-frost susceptible sand cushion will help reduce the effects of frost heave. In our opinion, placement of 12 inches of select granular fill below the Class 5 Aggregate Base should generally provide for a non-frost susceptible subgrade. It should be noted that any sand cushion placed below the pavement section will provide positive benefits for reduced potential frost heave. The owner and/or design team should evaluate the costs and benefit of this option to determine if it should be incorporated into the pavement design. Drainage of the sand cushion is recommended. Drainage of the sand cushion may be accomplished by daylighting to adjacent ditches or the use of drain tile. Drain tile wrapped in a sock should be placed at the base of the sand cushion and tied into catch basins. We recommend the sand cushion contain a select granular sand with less than 12% passing the #200 sieve. Alternately, a 3 inch minus rock fill could be placed instead of a select granular sand and drain tile. For transitioning the thickness of the sand subbase along the profile of the roadway, we recommend the thickness have a longitudinal taper of no steeper than 10H:1V. A taper of 4H:1V can be used perpendicular to the centerline for cross street/driveway connections. The placement of the sand subbase should extend slightly beyond the outer edge of the curbs to maintain subgrade uniformity for frost movement. 4.10 Utilities Invert elevations for the sanitary sewer are anticipated to be within 15 to 25 feet below existing grades and watermain would be approximately 8 to 10 feet below grade. Based on the borings, the subgrade soils for the utilities will consist chiefly of lean clays with sand, sandy clay, silty sand, and sand. We recommend removal of any organic soils of existing fills from within 3 feet below the utility invert. Any wet silts/clays should be subcut a minimum of 2 feet and replaced with an engineered fill. MnDOT Specification 3149.2F Granular Bedding should be placed to at least the crown of the pipe. Trench backfill above this point may consist of the non-organic excavated soils once moisture conditioned as recommended. Underground utilities are expected to be installed by backhoes completing the excavations and placing fills. Soil compactors should be used to compact the fill in even lifts to the specified densities. 4.11 Dewatering Groundwater and wet or saturated soils were encountered in the borings. Perched groundwater could enter the excavations. Dewatering can likely be accomplished with sumps and pumps placed at low points in the utility trenches. Where granular soils are present, dewatering greater than 2 feet could require sand point wells. 4.12 Construction Considerations Good surface drainage should be maintained throughout the work so that the site is not vulnerable to ponding during or after a rainfall. If water enters the excavations, it should be promptly removed prior to further construction activities. Under no circumstances should fill or concrete be placed into standing water. Soil corrections at this site for foundations and pavement subgrades may not be continuous. We recommend tapering the fills back to native soils at a ten to one (10:1) slope. It is important to review the fill limits and total depth of fill when placing str uctures upon compacted materials and when filling the excavation. The location of the footings should allow for at least a one to one (1:1) slope from the bottom of the footing to the outside limits of the engineered fill. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 13 It is important to check this at the time of construction that during filling, unsuitable soils do not encroach within the one to one (1:1) slope limits and extending downward and outward from future footings. 4.13 Construction Safety All excavations should comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P “Excavations and Trenches”. This document states that excavation safety is the responsibility of the contractor. Reference to this OSHA requirement should be included in the job specifications. The responsibility to provide safe working conditions on this site, for earthwork, building construction, or any associated operations is solely that of the contractor. This responsibility is not borne in any manner by WSB. 4.14 Cold Weather Construction It is our understanding that construction is unlikely to occur during the winter months. However, if the construction does continue into the winter months we recommend the following guidelines. Roadbed embankments should not be constructed during periods when t he embankment material freezes while being placed and compacted, nor should embankment material be placed on soil that is frozen to a depth greater than 4 inches. When the soils are frozen to a depth exceeding 4 inches, at a time when weather conditions are such that embankment construction could be continued without the material freezing as it is being placed and compacted, the contractor may be permitted to excavate the frozen soil and proceed with the embankment construction for so long as the weather w ill permit. The frozen soils should be pulverized or replaced with other suitable soils to construct the embankments as specified. Only unfrozen fill should be used. Placement of fill and/or foundation concrete should not be permitted on frozen soil, and the bearing soils under footings or under the floor slab should not be allowed to freeze after concrete is placed, because excessive post-construction settlement could occur as the frozen soils thaw. 4.15 Field Observation and Testing The soil conditions illustrated on the Logs of Test Borings in Appendix A are indicative of the conditions only at the boring locations. For this reason, we recommend that excavations at this site be observed by a soil engineer or technician prior to fill or backfill placement or construction of foundation elements to determine if the soils are capable of supporting the fill backfill and/or foundation loads. These observations are recommended to judge if the unsuitable materials have been removed from within the planned construction area and an appropriate degree of lateral oversize has been provided. WSB also recommends a representative number of field density tests be taken in engineered fill and backfill placed to aid in judging its suitability. Fill placement and compaction should be monitored and tested to determine that the resulting fill and backfill conforms to specified density, strength or compressibility requirements. We recommend at least one compaction test for every 50 linear feet along the retaining walls, and one compaction test for every 150 feet of utility trench at a vertical interval of two (2) feet. Prior to use, proposed fill and backfill material should be submitted to the WSB laboratory for testing to verify compliance with recommendations and project specifications. Dynamic Cone Penetrometer (DCP) tests can be completed in the aggregate base in lieu of density testing. We recommend following MnDOT Specification 2211.3.D.2.c. WSB would be pleased to provide the advised field observation, monitoring and testing services during construction. 4.16 Plan Review and Remarks The observations, recommendations and conclusions described in this report are based primarily on information provided to WSB, obtained from our subsurface exploration, our experience, several assumptions and the scopes of service developed for this project and are for the sole use of our client. Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 14 We recommend that WSB be retained to perform a review of final design drawing and specifications to evaluate that the geotechnical engineering report has not been misinterpreted. Should there be changes in the design or location of the structures related to this project or if there are uncertainties in the report we should be notified. We would be pleased to review project changes and modify the recommendations in this report or provide clarification in writing. The entire report should be kept together; for example, boring logs should not be removed and placed in the specifications separately. The boring logs and related information included in this report are indicators of the subsurface conditions only at the specific locations indicated on the Soil Boring Exhibit and times noted on the Logs of Test Boring sheets in Appendix A. The subsurface conditions, including groundwater levels, at other locations on the site may differ significantly from conditions that existed at the time of sampling and at the boring locations. The test borings were completed by WSB solely to obtain indications of subsurface conditions as part of a geotechnical exploration program. No services were performed to evaluate subsurface environmental conditions. WSB has not performed observations, investigations, explorations, studies or testing that are not specifically listed in the scope of service. WSB should not be liable for failing to discover any condition whose discovery required the performance of services not authorized by the Agreement . Geotechnical Report 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 Page 15 5. STANDARD OF CARE The recommendations and opinions contained in this report are based on our professional judgment. The soil testing and geotechnical engineering services performed for this project have been performed with the level of skill and diligence ordinarily exercised by reputable members of the same profession under similar circumstances, at the same time and in the same or a similar locale. No warranty, either expressed or implied, is made. Geotechnical Report Appendix A 2021 Street Improvements Prior Lake, Minnesota WSB Project No. 013977-000 APPENDIX A Soil Borings Exhibit Logs of Test Borings Symbols and Terminology on Test Boring Log Notice to Report Users Boring Log Information Unified Soil Classification Sheet (USCS) ?±A@ G³WX Twin Oaks Middle School Hidden Oaks Middle School W O O D S I DE RD S E HIDDENOAKS CIR S E 158 ST W 153 ST W 160 ST E SUE ANN LNHURON ST SEFORSYTHERDSELUTHER RD SE G LO R YCIRSEM IL L E R S C IR SEW I L D WOODCIRSEHILLSBOROAVSCOUNTRYDR COU N T RYLNOMEGATRLSEHWY 13 ST IM BER TRL S E 160 ST SE FISHPOINTRDSE Proje ct L ocation 0 400Feet¯2021 Street Reconstruction ProjectPrior Lake, MN Document Path: K:\013977-000\GIS\Maps\ProjectLocationAerial.mxd Date Saved: 8/27/2019 8:25:51 AM1 inch = 400 f eet 3 1/4" HSA 0' - 19.5' 28 25 20 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Fill Fill Fill CL CL 15 7 4 7 5 8 8 8" BITUMINOUS ASPHALT 10" AGGREGATE BASE: Clayey Sand, brown FILL, Sandy Lean Clay, brown to gray, moist FILL, Organic Clay with Sand and Peat, dark brown and black, moist FILL, Organic Clay with Sand and Lean Clay with Sand, black and brown and olive brown, moist SILTY CLAY, brown, wet, soft LEAN CLAY WITH SAND, brown to gray, moist, soft End of Boring 21.0 ft. N-Value Plot 9.50 19 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 172111:00 am9/09/2019 METHOD START: 9/09/2019 END: 9/09/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-01 PAGE 1 OF 1SURFACE ELEVATION: 962 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 ELEV. (ft) 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 DESCRIPTION OF MATERIAL 15 7 4 7 5 8 8 3 1/4" HSA 0' - 19.5' 29 17 16 38 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Fill SC CL CL 10 4 6 9 12 15 14 10" BITUMINOUS ASPHALT 24" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, tan FILL, Lean Clay with a little Sand, pieces of Wood, olive gray, wet CLAYEY SAND WITH GRAVEL, brown to gray, wet, loose - brown to reddish brown SANDY LEAN CLAY, brown to reddish brown, moist, firm to hard SANDY LEAN CLAY, dark gray, wet, firm End of Boring 21.0 ft. N-Value Plot 9.50 19 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 132112:10 pm9/09/2019 METHOD START: 9/09/2019 END: 9/09/2019 Logged By: MWOR. Kurth Notes: Crew Chief: 3.0 943 PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-02 PAGE 1 OF 1SURFACE ELEVATION: 946 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 926 925 ELEV. (ft) 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 926 925 DESCRIPTION OF MATERIAL 10 4 6 9 12 15 14 3 1/4" HSA 0' - 19.5' 17 14 14 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Fill CL 9 4 12 13 15 16 17 7" BITUMINOUS ASPHALT 7" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, tan FILL, Sandy Clay and Clayey Sand, brown and gray, moist SANDY LEAN CLAY, gray, moist, firm to hard End of Boring 21.0 ft. N-Value Plot 10.50 21 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 17211:00 pm9/09/2019 METHOD START: 9/09/2019 END: 9/09/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-03 PAGE 1 OF 1SURFACE ELEVATION: 956 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 938 937 936 935 ELEV. (ft) 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 938 937 936 935 DESCRIPTION OF MATERIAL 9 4 12 13 15 16 17 3 1/4" HSA 0' - 29.5' 16 15 17 15 14 9 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial TillCL CL CL CL 12 15 16 20 15 15 21 18 50/0.2 4" BITUMINOUS ASPHALT 7" AGGREGATE BASE: Sand with Gravel, brown LEAN CLAY WITH SAND, brownish gray, moist, hard SANDY LEAN CLAY, brown with white streaks, moist, hard LEAN CLAY WITH SAND, brown to gray, moist, hard - brown SANDY LEAN CLAY WITH GRAVEL AND COBBLES, dark brown, moist, very dense End of Boring 31.0 ft. N-Value Plot 12.50 25 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 243111:00 am9/09/2019 METHOD START: 9/09/2019 END: 9/09/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-04 PAGE 1 OF 1SURFACE ELEVATION: 982 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 ELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 DESCRIPTION OF MATERIAL 12 15 16 20 15 15 21 18 3 1/4" HSA 0' - 29.5' 12 15 15 15 11 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial TillSM CL SM CL CL 11 12 14 12 21 20 19 15 19 6.5" BITUMINOUS ASPHALT 8" AGGREGATE BASE: Silty Sand with Gravel, light brown SILTY SAND, fine grained, brown, moist, medium dense LEAN CLAY WITH SAND, brown with white streaks, moist, firm SILTY SAND WITH GRAVEL, fine to medium grained, brown, moist, medium dense LEAN CLAY, a little Sand, brown with reddish brown and white streaks, moist, hard LEAN CLAY, a little Sand, dark brown, moist, hard End of Boring 31.0 ft. N-Value Plot 12.50 25 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 133112:20 pm9/10/2019 METHOD START: 9/10/2019 END: 9/10/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-05 PAGE 1 OF 1SURFACE ELEVATION: 986 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 ELEV. (ft) 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 DESCRIPTION OF MATERIAL 11 12 14 12 21 20 19 15 19 3 1/4" HSA 0' - 29.5' 11 19 15 19 15 14 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Glacial Outwash Glacial Till Fill Fill Fill ML SC SP SM CL 16 10 7 8 16 9 21 12 16 6" BITUMINOUS ASPHALT 9" AGGREGATE BASE: Sand with Silt and Gravel, brown FILL, Lean Clay with Sand, grayish brown, moist FILL, Organic Clay with a little Sand, black and dark brown, moist FILL, Lean Clay with Sand, brown and gray, moist CLAYEY SILT, brown, moist, soft CLAYEY SAND WITH GRAVEL, brown to gray, moist to wet, hard SAND WITH GRAVEL, medium to coarse grained, brown, waterbearing, loose SILTY SAND, fine grained, brown, saturated, medium dense LEAN CLAY, a little Sand, dark gray, moist, firm to hard End of Boring 31.0 ft. N-Value Plot 12.50 25 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 143111:17 am9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: 15.0 967 PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-06 PAGE 1 OF 1SURFACE ELEVATION: 982 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 ELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 DESCRIPTION OF MATERIAL 16 10 7 8 16 9 21 12 16 3 1/4" HSA 0' - 29.5' 15 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash SC SP SP 7 24 8 10 10 9 9 8 21 8" BITUMINOUS ASPHALT 4.5" AGGREGATE BASE: Sand with Clay and Gravel, dark brown CLAYEY SAND, brown to gray, wet, soft to hard SAND, fine grained, brown, moist, loose SAND WITH GRAVEL, fine to medium grained, brown, moist, medium dense End of Boring 31.0 ft. N-Value Plot 140 28 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 133112:17 pm9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-07 PAGE 1 OF 1SURFACE ELEVATION: 978 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 ELEV. (ft) 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 DESCRIPTION OF MATERIAL 7 24 8 10 10 9 9 8 21 3 1/4" HSA 0' - 29.5' 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial OutwashSP SP SP SP 27 20 15 2 27 68 44 18 25 6" BITUMINOUS ASPHALT 9" AGGREGATE BASE: Crushed LImestone: Silty Sand with Gravel, tan SAND WITH A LITTLE GRAVEL, fine grained, brown, medium dense SAND WITH A LITTLE GRAVEL, fine to medium grained, brown, medium dense to very loose SAND WITH GRAVEL, fine to medium grained, brown, moist, medium dense to very dense SAND, fine grained, brown, moist, medium dense End of Boring 31.0 ft. N-Value Plot 360 72 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 28.5 12311:15 pm9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-08 PAGE 1 OF 1SURFACE ELEVATION: 970 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 ELEV. (ft) 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 DESCRIPTION OF MATERIAL 27 20 15 2 27 68 44 18 25 3 1/4" HSA 0' - 29.5' 14 12 15 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash CL CL CL CL SP SP 8 9 13 5 23 11 20 30 28 6.5" BITUMINOUS ASPHALT 10" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, tan LEAN CLAY WITH SAND, brown, moist, soft SILTY CLAY WITH SAND, lenses of Silty Sand, brown, moist, soft to firm LEAN CLAY WITH SAND, brown to gray, moist, soft SILTY CLAY, lenses of Silty Sand, brown, moist, hard SAND WITH GRAVEL, medium to fine grained, brown, moist, medium dense SAND, fine grained, brown, moist, medium dense End of Boring 31.0 ft. N-Value Plot 170 34 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5312:07 pm9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-09 PAGE 1 OF 1SURFACE ELEVATION: 958 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 ELEV. (ft) 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 DESCRIPTION OF MATERIAL 8 9 13 5 23 11 20 30 28 3 1/4" HSA 0' - 19.5' 14 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash CL SP SP-SM 14 15 12 8 13 16 30 8" BITUMINOUS ASPHALT 4.5" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, tan LEAN CLAY WITH SAND, brown to gray, moist, firm SAND WITH GRAVEL, fine to medium grained, brown, moist, medium dense to loose to medium dense SAND WITH SILT AND GRAVEL, fine to medium grained, brown, moist, dense End of Boring 21.0 ft. N-Value Plot 170 34 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 102111:25 am9/27/2019 METHOD START: 9/27/2019 END: 9/27/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-10 PAGE 1 OF 1SURFACE ELEVATION: 984 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 ELEV. (ft) 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 DESCRIPTION OF MATERIAL 14 15 12 8 13 16 30 3 1/4" HSA 0' - 19.5' 14 18 14 11 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash CL SP 9 9 18 17 13 19 16 3" BITUMINOUS ASPHALT 5.5" AGGREGATE BASE: Sand with Gravel, brown LEAN CLAY WITH SAND, brown, moist, firm to hard SAND, fine grained, brown, moist, medium dense End of Boring 21.0 ft. N-Value Plot 11.50 23 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 14211:46 pm9/26/2019 METHOD START: 9/26/2019 END: 9/26/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-11 PAGE 1 OF 1SURFACE ELEVATION: 996 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 995 994 993 992 991 990 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 ELEV. (ft) 995 994 993 992 991 990 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 DESCRIPTION OF MATERIAL 9 9 18 17 13 19 16 3 1/4" HSA 0' - 19.5' 17 15 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Glacial Outwash Fill CL SP SP 15 10 16 6 10 12 24 4" BITUMINOUS ASPHALT 7" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, reddish brown FILL, Lean Clay with Sand, grayish brown, moist LEAN CLAY WITH SAND, brown, moist, firm to hard SAND, fine to medium grained, brown, moist, loose to medium dense SAND, fine grained, brown, moist, medium dense End of Boring 21.0 ft. N-Value Plot 140 28 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 12211:15 pm9/27/2019 METHOD START: 9/27/2019 END: 9/27/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-12 PAGE 1 OF 1SURFACE ELEVATION: 972 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 ELEV. (ft) 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 DESCRIPTION OF MATERIAL 15 10 16 6 10 12 24 3 1/4" HSA 0' - 19.5' 15 15 16 35 17 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Fill Fill CL CL 8 8 9 16 4 11 27 4.5" BITUMINOUS ASPHALT 8.5" AGGREGATE BASE: Crushed Limestone: Silty Sand with Gravel, reddish brown FILL, Silty Clay and Lean Clay with Sand, brown to gray to dark gray, moist FILL, Lean Clay with Sand, gray, moist SILTY CLAY, brown, wet, very soft SANDY LEAN CLAY, brown to reddish brown, moist, firm to hard End of Boring 21.0 ft. N-Value Plot 15.50 31 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 142112:10 pm9/27/2019 METHOD START: 9/27/2019 END: 9/27/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-13 PAGE 1 OF 1SURFACE ELEVATION: 991 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 990 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 ELEV. (ft) 990 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 DESCRIPTION OF MATERIAL 8 8 9 16 4 11 27 3 1/4" HSA 0' - 19.5' 15 16 16 17 15 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash Glacial Till CL SM CL CL 12 8 9 10 12 10 10 4" BITUMINOUS ASPHALT 8" AGGREGATE BASE: Sand with Gravel, brown LEAN CLAY WITH SAND, brown to gray, moist, soft to firm SILTY SAND, fine grained, gray, moist, medium dense LEAN CLAY, brown, moist, firm LEAN CLAY WITH SAND, brown to gray, moist, firm End of Boring 21.0 ft. N-Value Plot 80 16 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5211:00 pm9/26/2019 METHOD START: 9/26/2019 END: 9/26/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-14 PAGE 1 OF 1SURFACE ELEVATION: 946 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 926 925 ELEV. (ft) 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931 930 929 928 927 926 925 DESCRIPTION OF MATERIAL 12 8 9 10 12 10 10 3 1/4" HSA 0' - 19.5' 12 15 18 12 1 2 3 4 5 6 7 8 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash Glacial Till Glacial Outwash Glacial Till SM SM SC SM CL 11 5 6 13 18 21 24 6" BITUMINOUS ASPHALT 6" AGGREGATE BASE: Crushed LImestone: Silty Sand, light brown SILTY SAND WITH CLAY, brown, moist, medium dense to loose SILTY SAND, fine grained, brown, wet, medium dense CLAYEY SAND, fine to medium grained, brown, wet, hard SILTY SAND, fine grained, brown, wet, medium dense LEAN CLAY WITH SAND, dark gray, moist, hard End of Boring 21.0 ft. N-Value Plot 140 28 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 19.5 122112:20 pm9/26/2019 METHOD START: 9/26/2019 END: 9/26/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-15 PAGE 1 OF 1SURFACE ELEVATION: 990 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 ELEV. (ft) 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 DESCRIPTION OF MATERIAL 11 5 6 13 18 21 24 3 1/4" HSA 0' - 29.5' 20 15 15 16 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash CL CL SP 9 9 15 12 11 11 14 14 16 7" BITUMINOUS ASPHALT 5" AGGREGATE BASE: Silty Sand, brown LEAN CLAY WITH A LITTLE SAND, brown, moist, soft LEAN CLAY WITH SAND AND A LITTLE GRAVEL, brown to gray, moist, soft to firm to hard SAND, fine grained, brown, moist, medium dense End of Boring 31.0 ft. N-Value Plot 100 20 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 19313:15 pm9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-16 PAGE 1 OF 1SURFACE ELEVATION: 984 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 ELEV. (ft) 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 DESCRIPTION OF MATERIAL 9 9 15 12 11 11 14 14 16 3 1/4" HSA 0' - 29.5' 15 15 14 13 11 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Glacial Till Glacial Outwash CL CL SP 12 14 14 22 17 34 40 95 28 6" BITUMINOUS ASPHALT 4.5" AGGREGATE BASE: Sand with Silt and Gravel, brown SANDY CLAY WITH GRAVEL, brown and gray, moist, firm to hard - brown SANDY CLAY WITH GRAVEL, brown to dark brown, moist, very hard SAND, fine grained, brown, moist, medium dense End of Boring 31.0 ft. N-Value Plot 49.50 99 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 15314:10 pm9/25/2019 METHOD START: 9/25/2019 END: 9/25/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-17 PAGE 1 OF 1SURFACE ELEVATION: 982 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 ELEV. (ft) 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 DESCRIPTION OF MATERIAL 12 14 14 22 17 34 40 95 28 3 1/4" HSA 0' - 29.5' 16 17 17 16 1 2 3 4 5 6 7 8 9 10 HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB HSA SB Pavement Section Fill Glacial Till Glacial Outwash Fill CL SP-SM SP 14 8 24 11 14 14 15 16 27 6" BITUMINOUS ASPHALT 8" AGGREGATE BASE: Sand with Silt and Gravel, dark brown FILL, Lean Clay with Sand, brown and gray and reddish brown, moist LEAN CLAY WITH SAND, brown to reddish brown, moist, firm SAND WITH SILT AND GRAVEL, fine grained, brown, moist, medium dense SAND, fine grained, brown, moist, medium dense to dense End of Boring 31.0 ft. N-Value Plot 15.50 31 TIME CASING DEPTH CAVE-IN DEPTH WATER DEPTH WATER ELEVATION WATER LEVEL MEASUREMENTS SAMPLED DEPTHDATE 29.5 203111:45 am9/26/2019 METHOD START: 9/26/2019 END: 9/26/2019 Logged By: MWOR. Kurth Notes: Crew Chief: None PROJECT NAME: 2021 Street Improvements LOG OF TEST BORING PROJECT LOCATION: Prior Lake, Minnesota BORING NUMBER PB-18 PAGE 1 OF 1SURFACE ELEVATION: 980 ftCLIENT/WSB #: 013977-000 SAMPLE MC %No.TYPE DrillingOperationGEOLOGIC ORIGINUSCSDEPTH (ft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WLN % FinesGEOTECHNICAL N-PLOT - WSB.GDT - 10/10/19 09:57 - K:\013977-000\GEOTECH-CMT\PL 2021 ST IMP.GPJELEV. (ft) 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 ELEV. (ft) 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 DESCRIPTION OF MATERIAL 14 8 24 11 14 14 15 16 27 Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 APPENDIX C Phase 2 Opinion of Probable Cost WSB Project:Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 Design By:AOG Project Location:City of Prior Lake, MN Checked By:MRH City Project No.:2023-01 WSB Project No:013977-000 Date:12/16/2021 Item No. MnDOT Specification No. Description Unit Estimated Total Quantity Estimated Unit Price Estimated Total Cost 1 2021.501 MOBILIZATION LS 1 199,000.00$ 199,000.00$ 2 2101.505 CLEARING ACRE 0.5 25,000.00$ 12,500.00$ 3 2101.505 GRUBBING ACRE 0.5 25,000.00$ 12,500.00$ 4 2104.502 REMOVE SIGN EACH 86 50.00$ 4,300.00$ 5 2104.502 REMOVE MAIL BOX SUPPORT EACH 20 50.00$ 1,000.00$ 6 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)L F 381 5.00$ 1,905.00$ 7 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)L F 660 3.00$ 1,980.00$ 8 2104.503 REMOVE CURB & GUTTER L F 6900 8.00$ 55,200.00$ 9 2104.503 REMOVE FENCE L F 75 50.00$ 3,750.00$ 10 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y 859 18.00$ 15,462.00$ 11 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT S Y 417 12.00$ 5,004.00$ 12 2215.504 REMOVE BITUMINOUS PAVEMENT S Y 15612 3.00$ 46,836.00$ 13 2104.518 REMOVE SIDEWALK S F 18250 2.00$ 36,500.00$ 14 2104.518 REMOVE CONCRETE MEDIAN S F 1122 7.00$ 7,854.00$ 15 2104.601 SALVAGE AND REINSTALL LANDSCAPE STRUCTURES LS 1 70,000.00$ 70,000.00$ 16 2104.601 SALVAGE FLASHER SYSTEM LS 1 15,000.00$ 15,000.00$ 17 2106.507 EXCAVATION - COMMON (P)C Y 14312 20.00$ 286,240.00$ 18 2106.507 EXCAVATION - SUBGRADE C Y 261 25.00$ 6,525.00$ 19 2106.507 SELECT GRANULAR EMBANKMENT (CV)C Y 10408 24.00$ 249,792.00$ 20 2106.507 STABILIZING AGGREGATE C Y 150 25.00$ 3,750.00$ 21 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 40 150.00$ 6,000.00$ 22 2130.523 WATER MGAL 100 50.00$ 5,000.00$ 23 2123.610 UTILITY CREW HOUR 20 1,000.00$ 20,000.00$ 24 2211.507 AGGREGATE BASE CLASS 5 CY 3461 35.00$ 121,135.00$ 25 2211.607 CRUSHED ROCK C Y 50 20.00$ 1,000.00$ 26 2360.504 TYPE SP 9.5 WEAR CRS MIX(2,C)3.0" THICK S Y 417 45.00$ 18,765.00$ 27 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 1853 75.00$ 138,975.00$ 28 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,C)TON 3705 75.00$ 277,875.00$ 29 2504.602 IRRIGATION SYSTEM REPAIR EACH 25 400.00$ 10,000.00$ 30 2521.518 6" CONCRETE WALK S F 21838 13.00$ 283,894.00$ 31 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F 7134 20.00$ 142,680.00$ 32 2531.504 CONCRETE MEDIAN S Y 93 50.00$ 4,650.00$ 33 2531.504 6" CONCRETE DRIVEWAY PAVEMENT S Y 859 75.00$ 64,425.00$ 34 2531.618 TRUNCATED DOMES S F 132 60.00$ 7,920.00$ 35 2540.602 MAIL BOX EACH 10 55.00$ 550.00$ 36 2540.602 MAIL BOX SUPPORT EACH 10 100.00$ 1,000.00$ 37 2540.602 TEMPORARY MAIL BOX EACH 22 60.00$ 1,320.00$ 38 2557.603 WOODEN FENCE L F 75 300.00$ 22,500.00$ 39 2563.601 TRAFFIC CONTROL LS 1 50,000.00$ 50,000.00$ 40 2563.601 DRIVER FEEDBACK SIGN - ELECTRICAL WORK LS 1 10,000.00$ 10,000.00$ 41 2563.602 DRIVER FEEDBACK SIGNS EACH 2 15,000.00$ 30,000.00$ 42 2564.518 SIGN PANELS TYPE C S F 196 25.00$ 4,900.00$ 43 2564.602 SIGN PANELS TYPE SPECIAL EACH 12 400.00$ 4,800.00$ 44 2565.601 INSTALL FLASHER SYSTEM LS 1 17,000.00$ 17,000.00$ 45 2572.503 CLEAN ROOT CUTTING L F 100 60.00$ 6,000.00$ 46 2572.506 WATER MGAL 50 200.00$ 10,000.00$ 47 2572.510 PRUNE TREES HOUR 10 100.00$ 1,000.00$ 48 2573.501 STABILIZED CONSTRUCTION EXIT LS 1 20,000.00$ 20,000.00$ 49 2573.502 STORM DRAIN INLET PROTECTION EACH 24 150.00$ 3,600.00$ 50 2573.503 SILT FENCE, TYPE MS L F 100 3.00$ 300.00$ 51 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F 2000 6.00$ 12,000.00$ 52 2574.507 COMMON TOPSOIL BORROW C Y 109 30.00$ 3,270.00$ 53 2575.504 SODDING TYPE LAWN S Y 3964 5.00$ 19,820.00$ 54 2575.504 EROSION CONTROL BLANKETS CATEGORY 3 S Y 1000 5.00$ 5,000.00$ 55 2575.508 HYDRAULIC MULCH MATRIX LB 500 3.00$ 1,500.00$ 56 2575.523 RAPID STABILIZATION METHOD 3 MGAL 500 3.00$ 1,500.00$ A. STREET IMPROVEMENTS OPINION OF PROBABLE COST WSB Project:Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 Design By:AOG Project Location:City of Prior Lake, MN Checked By:MRH City Project No.:2023-01 WSB Project No:013977-000 Date:12/16/2021 Item No. MnDOT Specification No. Description Unit Estimated Total Quantity Estimated Unit Price Estimated Total Cost OPINION OF PROBABLE COST 57 2582.503 4" SOLID LINE MULTI COMP L F 300 2.00$ 600.00$ 58 2582.503 24" SOLID LINE MULTI COMP L F 100 3.00$ 300.00$ 59 2582.503 4" DBLE SOLID LINE MULTI COMP L F 2500 2.00$ 5,000.00$ 60 2582.518 PAVT MSSG MULTI COMP S F 200 6.00$ 1,200.00$ 61 2582.518 CROSSWALK MULTI COMP S F 750 6.00$ 4,500.00$ CONSTRUCTION TOTAL 2,375,077.00$ CONTINGENCY TOTAL (10%)237,507.70$ SUBTOTAL 2,612,584.70$ INDIRECT COST TOTAL (28%)731,523.72$ TOTAL 3,344,108.42$ 62 2104.502 REMOVE DRAINAGE STRUCTURE EACH 22 500.00$ 11,000.00$ 63 2104.503 REMOVE SEWER PIPE (STORM)L F 1265 20.00$ 25,300.00$ 64 2501.502 15" RC PIPE APRON EACH 2 2,000.00$ 4,000.00$ 65 2502.503 6" PERF PE PIPE DRAIN L F 6950 20.00$ 139,000.00$ 66 2502.602 6" PVC PIPE DRAIN CLEANOUT EACH 47 300.00$ 14,100.00$ 67 2503.503 15" RC PIPE SEWER DES 3006 CL V L F 2300 60.00$ 138,000.00$ 68 2503.503 18" RC PIPE SEWER DES 3006 CL III L F 236 75.00$ 17,700.00$ 69 2503.602 CONNECT TO EXISTING STORM SEWER EACH 9 2,000.00$ 18,000.00$ 70 2504.604 4" POLYSTYRENE INSULATION S Y 32 45.00$ 1,440.00$ 71 2506.502 CONST DRAINAGE STRUCTURE DESIGN H EACH 1 3,000.00$ 3,000.00$ 72 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 L F 172 600.00$ 103,200.00$ 73 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPEC (2'X3')EACH 7 2,500.00$ 17,500.00$ 74 2511.507 RANDOM RIPRAP CL III EACH 20 150.00$ 3,000.00$ CONSTRUCTION TOTAL 495,240.00$ CONTINGENCY TOTAL (10%)49,524.00$ SUBTOTAL 544,764.00$ INDIRECT COST TOTAL (28%)152,533.92$ TOTAL 697,297.92$ 75 2104.502 REMOVE MANHOLE EACH 9 550.00$ 4,950.00$ 76 2104.503 REMOVE SEWER PIPE (SANITARY)L F 1860 10.00$ 18,600.00$ 77 2104.503 REMOVE SANITARY SERVICE PIPE L F 462 10.00$ 4,620.00$ 78 2503.601 SANITARY SEWER BYPASS PUMPING LS 1 5,000.00$ 5,000.00$ 79 2503.602 CONNECT TO EXISTING SANITARY SEWER SER EACH 14 600.00$ 8,400.00$ 80 2506.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 3,000.00$ 3,000.00$ 81 2503.603 4" PVC PIPE SEWER L F 492 38.00$ 18,696.00$ 82 2503.603 8" PVC PIPE SEWER L F 1860 68.00$ 126,480.00$ 83 2506.602 CHIMNEY SEAL EACH 9 300.00$ 2,700.00$ 84 2506.603 CONSTRUCT 48" SAN MANHOLE EACH 117 360.00$ 42,120.00$ CONSTRUCTION TOTAL 234,566.00$ CONTINGENCY TOTAL (10%)23,456.60$ SUBTOTAL 258,022.60$ INDIRECT COST TOTAL (28%)72,246.33$ TOTAL 330,268.93$ 85 2104.502 REMOVE GATE VALVE & BOX EACH 11 200.00$ 2,200.00$ 86 2104.502 REMOVE CURB STOP & BOX EACH 22 100.00$ 2,200.00$ 87 2104.502 REMOVE HYDRANT EACH 5 200.00$ 1,000.00$ 88 2104.503 REMOVE WATER MAIN L F 3300 8.00$ 26,400.00$ 89 2104.503 REMOVE WATER SERVICE PIPE L F 726 6.00$ 4,356.00$ 90 2105.601 DEWATERING LS 1 10,000.00$ 10,000.00$ 91 2504.601 TEMPORARY WATER SERVICE LS 1 25,000.00$ 25,000.00$ 92 2504.602 CONNECT TO EXISTING WATER MAIN EACH 9 1,500.00$ 13,500.00$ 93 2504.602 CONNECT TO EXISTING WATER SERVICE EACH 22 700.00$ 15,400.00$ 94 2504.602 HYDRANT EACH 5 5,500.00$ 27,500.00$ B. DRAINAGE IMPROVEMENTS C. SANITARY SEWER IMPROVEMENTS D. WATERMAIN IMPROVEMENTS WSB Project:Fish Point Road (CSAH 44 to TH 13) Reconstruction Project Phase 2 Design By:AOG Project Location:City of Prior Lake, MN Checked By:MRH City Project No.:2023-01 WSB Project No:013977-000 Date:12/16/2021 Item No. MnDOT Specification No. Description Unit Estimated Total Quantity Estimated Unit Price Estimated Total Cost OPINION OF PROBABLE COST 95 2504.602 1" CORPORATION STOP EACH 23 400.00$ 9,200.00$ 96 2504.602 6" GATE VALVE & BOX EACH 5 2,100.00$ 10,500.00$ 97 2504.602 8" GATE VALVE & BOX EACH 16 2,800.00$ 44,800.00$ 98 2504.602 1" CURB STOP & BOX EACH 23 500.00$ 11,500.00$ 99 2504.603 1" TYPE PE PIPE L F 756 33.00$ 24,948.00$ 100 2504.603 6" WATERMAIN DUCTILE IRON CL 52 L F 75 60.00$ 4,500.00$ 101 2504.603 8" C900 PVC WATERMAIN L F 3300 47.00$ 155,100.00$ 102 2504.608 DUCTILE IRON FITTINGS LB 2500 10.00$ 25,000.00$ CONSTRUCTION TOTAL 413,104.00$ CONTINGENCY TOTAL (10%)41,310.40$ SUBTOTAL 454,414.40$ INDIRECT COST TOTAL (28%)127,236.03$ TOTAL 581,650.43$ 103 2021.501 MOBILIZATION LS 1 5,000.00$ 5,000.00$ 104 2545.502 LIGHTING UNIT TYPE SPECIAL EACH 12 3,000.00$ 36,000.00$ CONSTRUCTION TOTAL 41,000.00$ CONTINGENCY TOTAL (10%)4,100.00$ SUBTOTAL 45,100.00$ INDIRECT COST TOTAL (28%)12,628.00$ TOTAL 57,728.00$ 105 2104.503 REMOVE FENCE L F 325 15.00$ 4,875.00$ 106 2104.518 REMOVE RETAINING WALL SF 7200 5.00$ 36,000.00$ 107 2101.505 CLEARING ACRE 0.5 25,000.00$ 12,500.00$ 108 2101.505 GRUBBING ACRE 0.5 25,000.00$ 12,500.00$ 109 2105.504 GEOTEXTILE FABRIC TYPE 7 S Y 1638 4.00$ 6,552.00$ 110 2106.507 EXCAVATION - COMMON C Y 1516 18.00$ 27,288.00$ 111 2106.507 SELECT GRANULAR EMBANKMENT (CV)C Y 856 15.00$ 12,840.00$ 112 2411.604 MODULAR BLOCK RETAINING WALL S F 7368 55.00$ 405,240.00$ 113 2451.507 COARSE FILTER AGGREGATE (CV)C Y 273 18.00$ 4,095.00$ 114 2502.503 4" PERF TP PIPE DRAIN L F 1571 25.00$ 39,275.00$ 115 2557.603 CHAIN LINK SAFETY FENCE L F 1180 40.00$ 47,200.00$ CONSTRUCTION TOTAL 608,365.00$ CONTINGENCY TOTAL (10%)60,836.50$ SUBTOTAL 669,201.50$ INDIRECT COST TOTAL (28%)187,376.42$ TOTAL 856,577.92$ 116 -REVISED TRAFFIC CONTROL SYSTEM LS 1 92,500.00$ 92,500.00$ CONSTRUCTION TOTAL 92,500.00$ CONTINGENCY TOTAL (10%)9,250.00$ SUBTOTAL 101,750.00$ INDIRECT COST TOTAL (28%)28,490.00$ TOTAL 130,240.00$ GRAND TOTAL 5,997,871.62$ E. LIGHTING IMPROVEMENTS M. TH 13 / FISH POINT ROAD INTERSECTION IMPROVEMENTS F. RETAINING WALL IMPROVEMENTS Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 APPENDIX D Assessment Map Phase 2 Preliminary Assessment Roll ?±A@ G³WX 47 70 64 67 68 69 63 53 54 52 27 26 3 20 65 66 71 72 7374757677787980 58 59 61 60 62 48 49 50 51 555657 37 38 39 40 41 42 43 44 45 24232221 36 3534 33 32 31 30 29 28 8182 83 16 15 14 13 1211109 7 6 5 4 17 1819 8 1 2 25 Project Location Construction Phase Year Phase 1 (2021) Assessed Parcels Phase 2 (2023) Assessed Parcels 0 475Feet¯Fish Point Road (CSAH 44 to TH 13) Reconstruction ProjectFigure 5 - Assessment MapPrior Lake, MN Document Path: K:\013977-000\GIS\Maps\AssessmentMap.mxd Date Saved: 8/18/2020 7:57:32 AM1 inch = 475 feet Date: 01/03/21 Rate WSB Project No.: 013977-000 Residential Single-Family Per Unit Assessment As Determined By Special Benefit Consultation, Patchin Messner Valuation Counselors, Dated July 31, 2020: $9,000.00 Assessment Rate Determined by Special Benefit Consultation, Patchin Messner Valuation Counselors, Dated July 31, 2020:* **Assessment Rates have been adjusted for inflation (8.9%) using the Construction Cost Index per the Feasibility Report. 1 259360010 ISD 719 4540 TOWER ST SE PRIOR LAKE, MN 55372 5304 WESTWOOD DR SE SCHOOLS **$106,090.00 2 259360740 ISD 719 4540 TOWER ST SE PRIOR LAKE, MN 55372 15855 FISH POINT RD SE SCHOOLS **$122,533.95 8 259360600 BRENNAN JOSEPH M 15680 FISH POINT RD SE PRIOR LAKE, MN 55372 15680 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 9 252670080 FERRIER MICHAEL & KRISTIN G 15676 FISH POINT RD SE PRIOR LAKE, MN 55372 15676 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 10 252670070 MARTIN ARLENE K 15650 FISH POINT RD SE PRIOR LAKE, MN 55372 15650 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 11 252670060 BARNES NATALIE L & BRIAN E BARNES 15630 FISH POINT RD SE PRIOR LAKE, MN 55372 15630 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 12 252670050 OLIVER BRADLEY 15622 FISH POINT RD SE PRIOR LAKE, MN 55372 15622 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 13 252670040 BONGARD DEBRA K 15602 FISH POINT RD SE PRIOR LAKE, MN 55372 15602 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 17 259360460 PHERSON MICHAEL D & TERRI A 15538 FISH POINT RD SE PRIOR LAKE, MN 55372 15538 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 18 259360461 KUNTZ CORRIN L 15518 FISH POINT RD PRIOR LAKE, MN 55372 15518 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 37 251800010 JORGENSON DYLAN 15453 FISH POINT RD SE PRIOR LAKE, MN 55372 15453 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 38 251800020 SALISBURY GABRIELLE 15469 FISH POINT RD SE PRIOR LAKE, MN 55372 15469 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 39 251800030 LINNYWINKEN LLC 5366 FAIRLAWN SHORE PRIOR LAKE, MN 55372 15483 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 48 250760030 DICKENSON DARREN R 15543 FISH POINT RD SE PRIOR LAKE, MN 55372 15543 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 49 250760040 JOKINEN SCOTT B & CYNTHIA J 15567 FISH POINT RD SE PRIOR LAKE, MN 55372 15567 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 58 250730180 ANDERSON MARK STEVEN 15611 FISH POINT RD SE PRIOR LAKE, MN 55372 15611 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 77 250730140 LERUM SPENCER 15657 FISH POINT RD SE PRIOR LAKE, MN 55372 15657 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 78 250730150 RIDDLE HUGH L & TAMMY 15671 FISH POINT RD SE PRIOR LAKE, MN 55372 15671 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 79 250730160 VIDEEN HELEN PO BOX 503 PRIOR LAKE, MN 55372 15685 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 80 250730170 DOWNING JOHN P & JANE E 15699 FISH POINT RD SE PRIOR LAKE, MN 55372 15699 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 81 252410010 NICKLES JAROD MICHAEL 15719 FISH POINT RD SE PRIOR LAKE, MN 55372 15719 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 82 252410020 HALL DONALD W & LINDA L & LINDA L HALL REVOCABLE T 15739 FISH POINT RD SE PRIOR LAKE, MN 55372 15739 FISH POINT RD SE SF RES 1 $9,548.10 $9,548.10 83 252410030 PRIOR LAKE CITY OF & CITY MANAGER 4646 DAKOTA ST SE PRIOR LAKE, MN 55372 --**$21,005.82 GRAND TOTAL - PRELIMINARY PROJECT STREET ASSESSMENT:$440,591.77 CITY OF PRIOR LAKE PHASE 2 (2023) FISH POINT ROAD (CSAH 44 TO TH 13) RECONSTRUCTION PROJECT PRELIMINARY ASSESSMENT ROLL MAP ID PID FEE OWNER FEE OWNER ADDRESS CITY/STATE/ZIP PROPERTY ADDRESS USE DESCRIPTION UNITS PROPOSED ASSESSMENT UNIT ASSESSMENT RATE** Feasibility Report Fish Point Road (CSAH 44 to TH 13) Reconstruction Project City Project No. 2023-01 City of Prior Lake WSB Project No. R-13977-000 APPENDIX E January 23, 2020 1st Neighborhood Meeting Minutes August 5, 2020 Individual Property Owner Meeting Summary K:\013977-000\Feasibility\Neighborhood Meeting Q&A.docx BOLD | VISIONARY | AUTHENTIC | PASSIONATE | OPTIMISTIC Prior Lake 2021 SRP Neighborhood Meeting City Project No. TRN#20-000001 WSB Project No. 013977-000 Thursday, January 23, 2020 6:00 p.m. Resident Q&A 28 residents in attendance Q: Pedestrian safety along Fish Point. Green space between street and sidewalk. A: Vehicle and pedestrian safety is important and will be evaluated. Design will follow MnDOT state aid requirements. Q: Project Helpline phone numbers A: Number on handout at meeting should be 952-737-4683, not 952-797-4683 Q: Resident lives by 25 mph sign, traffic often much faster A: 25 mph sig is advisory, not posted speed limit. A: Engineering and PD are aware of the speed issues. Continued PD enforcement A: Driver feedback signs will be installed with the project Q: Lighting. Lights direct up ad into windows A: Typical residential lighting will be installed with project, similar to Huron project Q: Notification and schedule A: Notices will be mailed. Updates via email and website Q: Landscaping A: Landscaping in ROW is at homeowners’ risk, will not be replaced with project. ROW is approx. 15’ behind b/c Q: 15602 Fish Point. Water flows very fast down the hill and washes away A: Leave a comment card so it can be noted in design A: Meetings will be available to meet one on one with the project team to discuss walls, drainage, services, trees, etc. Q: Lighting. Orange vs White A: Replace with white LED Q: Gas replacement A: City is coordinating with all private utilities within project and gas mains may or may not be replaced K:\013977-000\Feasibility\Neighborhood Meeting Q&A.docx Q: Fish Point alignment A: Monir changes to vertical and horizontal alignment. In general, it will look and feel the same as it does today Q: Water service/curb stop in driveway. Driveway replacement A: Yes driveway replacement, in kind, for the disturbed area. Q: Full driveway replacement A: Probably not, contractors typically don’t do that work on larger street projects Q: Old project narrowed street and patched driveways. Poor quality A: This project will be a quality product and have a warranty period Q: Electric/Cable companies A: Explained utility coordination efforts for the project. There are many different private utility owners in this area. Q: School traffic A: Project team met with School district to discuss project Q: School and Church being assessed? A: Yes Q: Project Funding A: State aid, city tax dollars, CIP, utility funds. A: Explained assessment policy and conversion of Fish Point to local road for assessment calculation Q: Kid/Pedestrian safety. Stop signs or speed bumps A: Stop signs or speed bumps not being evaluated with project. Tend to have a negative effect Q: Assessment and why 10 year pay back A: Explained City bonding policy A: Approximately 4.5% interest rate. 2 points higher than City’s rate Q: 5912 Hidden Oaks Cir. Hidden Oaks Pond A: Storm sewer is being televised and evaluated. Pond likely not changing K:\013977-000\Admin\Meeting\8 5 20 Phase 1 Property Owner Meetings\Property Owner Meeting Summary.docx BOLD | VISIONARY | AUTHENTIC | PASSIONATE | OPTIMISTIC Prior Lake 2021 SRP Property Owner Meetings City Project No. TRN#20-000001 WSB Project No. 013977-000 Wednesday, August 5th, 2020 Meeting Summaries 15453 Fish Point Rd SE (John Whitmore) - The residents’ primary concern is the work occurring along Timber Trail SE (north of their property), since the street is quite a bit higher in elevation than their lot. There are City- owned timber retaining walls (built around 1984) that are beginning to degrade at the north property line, and private landscape block retaining walls. They are requesting that the walls are replaced at the City’s cost. City and WSB staff indicated that attempts will be made to locate property corners and verify that the timber wall is within the road right- of-way. - There is an existing storm sewer grate/inlet at the base of the landscape block wall that appears to connect to the storm sewer in the street via an 18” RCP pipe. The residents indicated that when that was first installed it would backup in major storms and had flooded their basement. The City completed some adjustments many years ago, and it hasn’t been as much of an issue since. WSB will incorporate this storm sewer inlet into the site analysis. - It was also discussed that all of the shrubs along the top of the wall were in very close proximity to the road and would likely need to be removed. The residents stated they were fine with that, but also stated that their goal is to “screen” the sight an d noise of traffic along the street and along TH 13. - It was noted that their services are off of Fish Point Road and on preliminary review, their replacement didn’t seem to require any tree removals in their front yard. - The landscaping and trees at the northwest corner of their property will likely need to be removed and the residents stated they were fine with that. 5910 Glory Circle SE (Michael Autenrieth) & 5901 Glory Circle SE (Kory Mosher) - This was a joint meeting with both residents. One main question/concern was if the watermain and sanitary sewer between their two properties is going to be replaced. Both of their services come from the side yard mains within the easement. The water service for 5910 was located, and an attempt was made to locate 5901. - The resident at 5910 Glory Circle SE indicated that during major rain events, about every 5-6 years, there is a ravine behind 5900 that essentially floods and runs between the two houses and into the storm sewer inlet in the cul-de-sac. He stated that the house at 5900 has flooded many times. City and WSB staff investigated along Timber Trail SE and determined that it is likely all the drainage is coming from the area outside of City ROW and from rear yards and roof tops. This, however, will be evaluated with the stormwater analysis. - The resident at 5901 asked how much of their driveway would be impacted and if their pine tree in the boulevard would be impacted and replaced if impacted. Nick M. stated that the tree will likely be affected, and if it is in the ROW it won’t be replaced, but if it is K:\013977-000\Admin\Meeting\8 5 20 Phase 1 Property Owner Meetings\Property Owner Meeting Summary.docx on private property, it will. He also gave the resident an approximate location of driveway removals. 5910 Miller’s Circle SE (Jody Stroh) - The resident’s main question was regarding the large timber retaining walls that abut the street on the west side of her property and continue up her driveway toward her garage. It was determined that her sewer and water service are underneath the portion of the wall adjacent to the driveway and that they would be impacted. It was discussed that final wall replacement details will come with design, but that it is likely the project will only replace the portion of the wall impacted by utility work and that the property owner would be responsible for replacing any other portion of the wall if they do desired. She asked how that coordination would work and Andy B. stated that the logistics will be more thought out as we get into design and it will be communicated back to the property owners. - It was also noted to the resident that the two large trees in her front yard will likely be impacted by the sewer and water service replacement. Andy B. explained that there may be a chance that they could be saved during the replacement but may die in a few years if the root system is impacted. He discussed there may be a benefit to having the cost of the tree removal be covered by the project as opposed to the resident later on. - The resident indicated that she would like to keep the retaining wall on the east side of her property if at all possible. 5833 Timber Trail SE (Robert Dudzik) - The resident’s main concern was what impacts are proposed to the timber retaining walls. He indicated that he built the walls and would like to keep them in place if possible. The City and WSB investigated as to the location of the sewer and water service and noted that the water service was in the driveway, about 8’ from the edge of the retaining wall. The resident recalled that the sewer service comes out of the hose on the west side of the property but then angles towards the driveway and runs adjacent to the water service. City and WSB staff will review sewer televising tapes for the area to better determine where this service comes into the main. - The resident also asked what sort of access there will be to his property, as he is currently experiencing mobility challenges. The response was that WSB and City staff will work to communicate access needs to the contractor and require that special accommodations be made to provide access. In general, access to the driveway will be maintained at the beginning and end of each working day for vehicles, except when the concrete curb is curing for 5 days in front of the driveway. 15654 Omega Trail SE (Christopher Wickstrum) - This resident was joined by his neighbor to the east at 15659 Omega Trail SE. One question/concern raised by these residents was how the project will address the improper drainage of the cul-de-sac. They noted that water pools at the end of their driveways and does not make its way down the street to the north. They were curious if improvements to the street could help reduce the slope of their driveways as well. Staff relayed that this drainage issue would be addressed with the storm sewer and street design, and that there is a chance that the cul-de-sac can be raised slightly to help with the steep driveways. - They asked if the private utility pedestals could be moved and/or consolidated with the project. Staff relayed that the City and WSB coordinate with private utilities but that there are typically no restrictions or requirements to move existing pedestals. The City and WSB will notify the private utilities of the residents ’ request. K:\013977-000\Admin\Meeting\8 5 20 Phase 1 Property Owner Meetings\Property Owner Meeting Summary.docx - It was also request that Public Works staff review how snow is stored in the cul-de-sac, as currently they pile it up on the property at 15654 and cover up an electrical transformer and cable pedestals. - The resident at 15654 indicated that they would like to widen their driveway to 24’ wide. Nick M. said that this resident should coordinate with the field staff when curb and gutter is being installed. - Lastly, they requested that the design consider an addition of a cross walk at Fish Point Road and Omega Trail. They have children that are too close to the school to bus, but don’t feel safe crossing the road to get on the sidewalk along the east side of Fish Point Road. The City said that internal discussions are being had about this issue and the design will consider a crossing, or extension of the sidewalk on the west side, so that the crossing at TH 13 can be added and utilized. 15489 Omega Trail SE (Dianna & Greg Running) - The resident’s primary concern was a drainage issue in their yard were water is being held since the street is higher than their yard. This low area somewhat drains to an existing plastic pipe that goes under their driveway and connects to the storm sewer catch basin in the roadway. They were told that storm sewer will be extended into their yard and a catch basin will be installed to collect the drainage and bring it into a new RCP pipe underneath the curb line in their street. The project will also rem ove the existing plastic pipe and replace their heaved concrete apron. - They indicated that they would like to keep the large oak tree to the left of their driveway but were told it is likely that with the storm sewer replacement this tree would have to b e removed. They indicated that would be alright, if it’s necessary. They also stated all the shrubs along the street are ok to be removed. 15480 Omega Trail SE (Kelly Flanagan) - The resident was not home at the meeting time of 3:30 pm. She was contact ed by Kirsten Gray, but wasn’t going to be home until 5:00 pm when the meetings were wrapping up. She was told that the City and WSB would reschedule a meeting. 5925 Hidden Oaks Cir (Judy Olson) - The resident’s primary concern was their newly constructed concrete driveway and whether or not it would be impacted. It was pointed out to the resident that the curbs stop is along the edge of the driveway, and the replacement of the water service and sanitary sewer service would impact the driveway. They were told the driveway would be replaced in-kind, at full width, and that an attempt would be made to match the sawcut joint type. - They were also notified that the pipe tree would need to be removed, and they were fine with that and asked if they could keep the wood for firewood. They were told they could keep the wood and that they should communicate that with the field staff during tree removals. DOLLAR COST BID PROPOSAL SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR CITY OF PRIOR LAKE, MINNESOTA FOR PROFESSIONAL AUDITING SERVICES FOR FISCAL YEARS ENDING DECEMBER 31, 2022 AND 2023 JAMES H. EICHTEN, CPA MANAGING PARTNER E-MAIL: JEICHTEN@MMKR.COM 952.545.0424 December 15, 2021 Ms. Cathy Erickson City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Dear Ms. Erickson: We are pleased to submit this proposal to provide auditing services for the City of Prior Lake, Minnesota (the City) for the fiscal years ending December 31, 2022 and 2023, subject to the annual review and approval of the City. Our audits will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial and compliance audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the provisions of the Legal Compliance Audit Guide promulgated by the State Auditor pursuant to Minnesota Statutes § 6.65; and any other applicable state or federal audit guide. We will review the City’s internal control and test accordingly. We anticipate issuing the following report letters in relation to the City’s audits: 1.A report on the fair presentation of the basic financial statements in conformity with accounting principles generally accepted in the United States of America, with an “in relation to” opinion on the combining and individual fund financial statements and supporting schedules. 2.A report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. 3.A report on compliance with Minnesota State Laws and Regulations. We understand the City does not expect to earn more than $750,000 of federal awards annually and, accordingly, is not expected to need a single audit of federal awards expenditures. We will also provide a management report to communicate comments and recommendations as a result of the audit, including: a discussion of any internal control-related or compliance findings resulting from the current year audit; recommendations to management on improving its accounting system and financial reports; an update on prior year audit issues; and the formal communications to the City ’s finance committee or its equivalent as required by Statement on Auditing Standards No. 114, The Auditor ’s Communication With Those Charged With Governance. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control policies, the selection and application of accounting principles, and the safeguarding of assets. C E R T I F I E D A C C O U N T A N T S P UBLIC PRINCIPALS Thomas A. Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA/CMA Jaclyn M. Huegel, CPA Kalen T. Karnowski, CPA Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Phone: 952-545-0424 • Fax: 952-545-0569 • www.mmkr.com Standard Letterhead-r2.qxp_167639 Letterhead-RV1 9/7/18 6:34 PM Page 1 Ms. Cathy Erickson Page 2 City of Prior Lake December 15, 2021 The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. We understand that we will be responsible for preparing the initial draft of the financial statements, notes, and supplementary schedules. We will be responsible for typing, editing, and printing the financial statements. The City’s management will be responsible for preparing the required “management’s discussion and analysis.” Prior to issuance of the final audit report, we shall review the report draft, management report, internal control letters, and any other required state or federal compliance reports with the City’s management. If our audit procedures indicate that material errors, illegal acts, or other irregularities might exist, we will make an immediate, written report to the City’s management, the City Council, and/or other city officials as appropriate. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly r ates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. The anticipated fees for the indicated services are shown on the Schedule of Professional Fees and Expenses included in this Dollar Cost Bid Proposal. The fees charged are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be requir ed for certain accounting issues or events such as new contractual agreements, new accounting and auditing standards, transactions and legal requirements of new bond issues, new funds, major capital projects, or if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City’s staff. Our proposal assumes that the City will be responsible for preparing substantially all financial schedules and other information required for the audit, as has been the case in our previous audit engagements with the City. The cost of any additional accounting assistance performed at the request of the City will be based on the actual time required and the hourly rates of the individuals performing the services. We will not perform extended services at a cost to the City unless so authorized by the appropriate city officials. We hope you will give our firm and proposal due consideration. We will continue to give the City Council and administration the kind of quality service you expect from your auditors. If you have any questions, please contact James H. Eichten, Managing Partner. This proposal covers the fiscal years December 31, 2022 and 2023, and is a firm and irrevocable offer for a period of ninety (90) days. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. James H. Eichten, CPA Managing Partner JHE:lmb Year Ending Basic December 31,Audit 2022 33,500$ 2023 34,500$ City of Prior Lake, Minnesota Schedule of Professional Fees and Expenses For Professional Auditing Services Estimated fees for the years ending December 31, 2022 and 2023: I certify that I am entitled to represent Malloy, Montague, Karnowski, Radosevich & Co., P.A., (MMKR), empowered to submit the bid, and authorized to sign a contract with the City of Prior Lake, Minnesota (the City). Signed: James H. Eichten, CPA Managing Partner Additional services hourly rates: If it should become necessary for the City to request the auditor to render any additional service to either supplement the services requested in this proposal or to perform additional work as a result of the specific recommendations included in any report issued on this engagement or as a result of new standards, then such additional work shall be performed only if set forth in an addendum to the contract between the City and MMKR. Any such additional work agreed to between the City and MMKR shall be performed at the same rates set forth in the Schedule of Professional Fees and Expenses included in this Dollar Cost Bid Proposal. MMKR does not charge its audit clients for inquiries and technical assistance during the year that are minor in nature (those that would not require a significant amount of research or result in the issuance of a separate report letter or letter). Standard Quoted Hourly Hourly Hours Rates Total Total Basic audit Principals 30 295$ 235$ 7,050$ Managers 25 160 160 4,000 Senior Associates 120 110 110 13,200 Associates and Staff Accountants 75 105 100 7,500 Other – Clerical 25 55 55 1,375 Subtotal 275 33,125 375 33,500$ City of Prior Lake, Minnesota Reimbursable expenses (photocopies, mileage, etc.) Total base fee for the 2022 audit Estimated fees for the year ending December 31, 2022: For Professional Auditing Services Schedule of Professional Fees and Expenses General Location Map 17232 Sunset Trail SW 218941v1 1 (reserved for recording information) SPECIAL LOT COMBINATION AGREEMENT THIS INDENTURE is made and entered into this ______ day of ____________, 2021, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation, its successors and assigns (hereinafter referred to as “City”), and MICHAEL P. JENSEN AND MARY B. JENSEN, husband and wife, as joint tenants, (hereinafter referred to as “Owners”). WITNESSETH: WHEREAS, Owners are the fee owners of certain real property in the City of Prior Lake, Scott County, Minnesota, legally described as follows (and hereinafter collectively referred to as the “Properties”): Lot 2, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel A”); and Lot 3, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel B”); and WHEREAS, Owners intend to apply for a tax parcel combination of the Properties; and WHEREAS, in Resolution ___________ adopted __________________, the City Council required combination of Parcel A and Parcel B as a condition of the its approval of the Purchase Agreement dated ____________, 2021 between City of Prior Lake, a Minnesota municipal corporation (“Seller”) and Michael P. Jensen and Mary B. Jensen, husband and wife, as joint tenants (collectively “Buyer”) ; and WHEREAS, it is the intent of the Owners and the City that Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same person or persons, and further that Parcel A and Parcel B are intended to be used and/or developed in common by Owners as they were in fact one parcel instead of two. 218941v1 2 NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, Owners hereby covenant, grant, gift, quit claim and convey to the City the right to restrict, and Owners hereby agree to restrict, limit and preclude the ownership, use, improvement and development of the Properties according to and under the conditions and covenants herein contained, as follows: 1. The City and Owners agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the Properties will not be conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. The City shall not issue any building permits, variances, or conditional use permits for any structure or use on the Properties inconsistent with the covenants contained herein. 3. Owners hereby grant to the City the right to enter upon the Properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from the Properties, without any liability, any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 4. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Owners who are in possession of the Properties shall pay to the City all costs and expenses including attorney’s fees incurred by the City in enforcing the terms of this indenture. 5. The parties may mutually agree that the terms and conditions of this indenture may be modified, amended, or extinguished and thereafter Parcel A and Parcel B may be separated. 6. Owners agree that recording of this indenture shall not vest any property rights in the Properties and that any zoning of development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification, and/or limitation by the City or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of the City. 7. The City does not intend that the public should have any interest in the Properties by virtue of this indenture or otherwise, except as hereinabove set forth. This provision is not intended to affect the validity of the City’s easement established upon the Property by the Certificate of Completion, dated October 12, 1983, filed for record August 17, 1998, as documents 97183 and 423203, as it may be amended, or any other easement for public purposes on the Properties. 8. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. 218941v1 3 OWNERS: ______________________________________ Michael P. Jensen ______________________________________ Mary B. Jensen STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2021, by Michael P. Jensen, spouse to Mary B. Jensen. ________________________________________ NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2021, by Mary B. Jensen, spouse to Michael P. Jensen. ________________________________________ NOTARY PUBLIC 218941v1 4 CITY OF PRIOR LAKE By: _____________________________________ Kirt Briggs, Mayor (SEAL) By: _____________________________________ Jason Wedel, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2021, by Kirt Briggs and by Jason Wedel, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _______________________________________ Notary Public INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612) 452-5000 SNC/smt