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HomeMy WebLinkAboutOctober 16, 2023 Agenda Packet A 1.45.895,339,8$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni?45.895,339,8$fo?tnuoma?eht?ni?,3202?,61?rebotcO?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA???.6202?,13?rebmeceD?gn idnemret?raey-eerht?tsrif?sih?ot?,yletaidemmi?evitceffe?,6?draW-draoB?cisuM?eht?ot?anucA?reffotsirK??.2.7202?,1yraunaJ?gnidne?mret?raey-eerht?tsrif?sih?ot?detnioppa?neht?dna?,4202?,1?yraunaJ?gnidne?s reyeM.A?fo?mret?deripxenu?eht?llif?ot?,yletaidemmi?evitceffe?,draoB?yrarbiL?eht?ot?nosleN?madA??.1:fo?tnemtnioppa?laroyaM?eht?gnivorppA??.licnuoC?ytiC?ehtfo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,32 02?,2?rebotcO?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo?egdelP.etumnu?ot?6*?sserP?nehT?.dnah?ruoy?esiar?ot?9*?sserP?:sgn iraeH?cilbuP?ro?tnemmoC?nepO?roF 720261?:edocssaP???????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC???:mooZ?aiv?ni?llaC BYZnGO2/yl.tib//:sptth?:mooZ?aiv?netsiL?dna?nioJ.)teNorteM(?08?lennahC ?ro?,)murtcepS(?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnrevoG?:nosreP?ni?gniteeM?eht?dnettA?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?00:73202?,61? rebotcOnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC3202?,61?rebotcO?rof?elbayaP?stnuoccA.3.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA.2.F3202?,2?rebotcO?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B??.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo?eht?weiV doireP?tnemmoC?nepO. 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F 3.tnemeerga?eht?ni?deniltuo?sa?tseretni?dna?segrahcdetaicossa?diapnu?fo?noitcelloc?eht?rof?rotiduA?ytnuoC?detsmlO?eht?htiw?noitacifitreC?.2;dna?smetsys?rewes?yratinas?dna?retaw?lapicinumeht?ot?ytre porp?rieht?fo?noitcennoc?wolla?ot?streblA?leoJ?htiw?tnemeergA?noitcennoC?ytilitU?.1:gniwollof?eht?gnizirohtuA?.tcejorP?tnemtrapA?II?stalF?hgihyellaV?eht?ni.seitilicaf?tnemeganamretaw?mrots?etavirp?gn iniatniam?rof?noitagilbo?eht?dna?,ytreporp?detaler?eht?fo?noitrop?a?hguorhtretaw?fo?ecnayevnoc?eht?ot?detaler?snoitagilbo?s'ytrap?htob?gnizilairomem?,pihsrentrap?detimilatosenniM?a?,pihsrentraP?detim iL?,II?stalF?hgihyellaV?htiw?tnemeerga?ecnanetniam?a?gnizirohtuA?.tnempolevederrof?etis?rieht?ezilitu?retteb?ot?repoleved?eht?elbane?ot?ES?tS?ht4?raen?dnal?ytiC?fo?noitropa?fo?ecnayevnoc?eht?rof?CLL? ,ylimafitluM?teertS?ht4?htiw?tnemeerga?esahcrup?a?gnizirohtuA?.supmac?)COTWP(retneC?snoitarepO?tisnarT?dna?skroW?cilbuP?eht?ot?snoitarepO?yrtseroF?&?skraP?fo?noitacolereht?rof?ecaps?noisnapxe?edivorp ?ot?000,088,1$?fo?tnuoma?eht?ni?564380433147?.oN?noitacifitnedIlecraP?,B?toltuO?,noisividbuS?sirroM?ta?detacol?ytreporp?eht?fo?esahcrup?eht?gnizirohtuA?.erutcurtsarfni?ruo?fo?ecnanetniam?dna?noitcurt snoceht?rof??gnirehtag?noitamrofni?etarucca?dna?noisicerp?edarg-yevrus?edivorp?ot?tinu?SPG2R?elbmirT?gnitsixe?eno?fo?edargpu?eht?dna?stinu?)SPG(?metsyS?gninoitisoP?labolG?2R?elbmirTowt?fo?tnemecalper ?eht?rof?62.364,63$?rof?noisicerP?reitnorF?hguorht?esahcrup?eht?gnizirohtuA?.liarT?salguoD?ot?WN?tS?ht41?morf?gnissorcnairtsedep?eht?ot?detaler?stsoc?noitcurtsnoc?dna?ngised?htiw?tsissa?ot?ytiC?eht?o t?CLL?,werbniFyb?diap?000,01$?fo?tnuoma?eht?ni?CLL?,werbniF?htiw?tnemeerga?noitubirtnoc?a?gnizirohtuA?.tnalP?noitamalceR?retaW?eht?rof?snoitacificeps?eht?ni?detacidni?sa?edirolhC?cirreFsuordyhnA?fo?y lppus?raey-eno?a?rof?sdib?rof?tnemesitrevda?gnizirohtua?noituloseR?a?gnitpodA??.sgniward?tnempolevedngised?fo?noitaraperp?retfa?)PMG(?ecirP?mumixaM?deetnarauG?a?htiw?9603?.oNPIC?-?tcejorP?noitacoleR? yrtseroF?&?skraP?eht?reviled?dna?tuo-esolc?noitcurtsnoc?ot?ngisedmorf?tcejorp?eht?eesrevo?ot?secivres?lanoisseforp?)RAMC(?ksiR?ta?reganaM?noitcurtsnoCrof?)QFR(?snoitacifilauQ?rof?tseuqeR?a?ot?sesnops er?fo?noitaticilos?eht?gnizirohtuA?.2.9603?.oN?)PIC(?tcejorP?tnemevorpmIlatipaC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?eht?rof?stnemucod?dib?eraperp?ot?secivresngised?rof?)PFR(?lasoporP?rof?tseuqeR?a? ot?sesnopser?fo?noitaticilos?eht?gnizirohtuA?.1?WS?evA?ht81?0443?-?streblA?leoJ?htiw?tnemeergA?noitcennoC?ytilitU.12.FstnemtrapA?IIstalF?hgihyellaV?rof?pihsrentraP?detimiL?,II?stalF?hgihyellaV?htiw?t nemeergA?ecnanetniaM.02.FES?tS?ht4?raeN?dnaL?ytiC?fo?noitroP?a?fo?ecnayevnoC?eht?rof?tnemeergA?esahcruP.91.FsupmaC?)COTWP(?retneC?snoitarepO?tisnarT?dnaskroW?cilbuP?eht?ot?snoitarepO?yrtseroF?&?skraP ?fo?noitacoleR?eht?rof?esahcruP?ytreporP.81.FstinU?metsyS?gninoitisoP?labolG?dleH-dnaH?fo?esahcruP?tnemecalpeR.71.FCLL?,werbniF?htiw?tnemeergA?noitubirtnoC.61.FylppuS?lacimehC?tnalP?noitamalceR?retaW ?4202?-?tnemesitrevdA?diB.51.FsupmaC?)COTWP(?retneC?snoitarepO?tisnarT?&?skroW?cilbuPeht?ot?snoitarepO?yrtseroF?&?skraP?fo?noitacoleR?rof?secivreS?tnemeganaM?noitcurtsnoC.41. F 4??.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS?.enilno?senilediug?gniraeh?cilbup?eht?weiV senilediuG?gniraeH?cilbuP.tnemeergAesihcnarF?teNorteM?eht?fo?gnittesnus?eht?gnidrager?tnemeerga?tnemelttes?eht?g nivorppA?.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",II?stalFhgihyellaV?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1065J?.oN?tcejorP?ot?detaler?krow?rof,588,5$?rof?,dtL?secivreS?gnireenignE?E SW?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2;dna?noitatnemucodecnarusni?dna?dnob?etairporppa?eht?fo?noissimbus?s'rotcartnoC?dna?,slavorppanalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe? ytiC?htiw?",II?stalF?hgihyellaVevreS?ot?stnardyH?&?niamretaW?cilbuP"?,1065J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA?.7066J?.oN?tcejorP?-?keerCedacsaC?ot?WN?evA?ht9?morf?WN?tS?ht6?evres?o t?eniL?feileR?reweS?mrotS?a?fo?ngised?lanifeht?rof?,4202?,03?enuJ?hguorht?058,9$?rof?.cnI?,SKHW?htiw?tnemdnema?tcartnoc?a?gnizirohtuA?.7766J?.oN?tcejorP?-?1.3P?-??keerC?edacsaC?ytilicaFtnemeganaM?ret aW?mrotS?lanoigeR?fo?ngised?eht?ot?detaler?secivres?gnireenigne?rof?,4202,13?rebmeceD?hguorht?609,97$?fo?tnuoma?eht?ni?.cnI?,kneM?&?notloB?htiw?tcartnoc?a?gnizirohtuA?.ytreporp?ytiC?no?etag?a?fo?tnem ecalp?rof?,atosenniM?,retsehcoRfo?hcruhC?tsitpaB?yravlaC?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA?.ytreporp?ytiC?no?ecivres?rewes?yratinas?etavirp?a?fotnemecalp?rof?streblA ?leoJ?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA?.tnemeerga?eht?ni?deniltuo?sa?tseretni?dna?segrahcdetaicossa?diapnu?fo?noitcelloc?eht?rof?rotiduA?ytnuoC?detsmlO?eht?htiw?noi tacifitreC?.2.metsys?rewes?yratinaslapicinum?eht?ot?ytreporp?rieht?fo?noitcennoc?wolla?ot?,tsurT?elbacoveR?nagloC?.B?harobeDeht?fo?seetsurt?sa?,nagloC?.B?harobeD?dna?.P?hpesoJ?htiw?tnemeergA?noitcenn oC?ytilitU?.1?:gniwollof?eht?gnizirohtuA?sgniraeH?cilbuP.G teNorteM?htiw?tnemeergA?tnemeltteS?a?fo?lavorppA.82.F1065J?.oNtcejorP?-?II?stalF?hgihyellaV?evreS?ot?stnardyH?&?niamretaW?cilbuP?:tcartnoC?r enwO-ytiC.72.F7066J?.oN?tcejorP?-?keerC?edacsaC?ot?WN?evA?ht9?morfWN?tS?ht6?evreS?ot?eniL?feileR?reweS?mrotS?rof?.cnI?,SKHW?htiw?tnemdnemA?tcartnoC.62.F7766J?.oN?tcejorP?-?1.3P?-?keerC?edacsaCytilica F?tnemeganaM?retaW?mrotS?lanoigeR?rof?.cnI?,kneM?&?notloB?htiw?tcartnoC.52.FytreporP?ytiC?no?detacoL?etaG-?atosenniM?,retsehcoR?fo?hcruhC?tsitpaB?yravlaC?htiw?tnemeergA?dna?timreP?elbacoveR.42.Fytrep orP?ytiCno?ecivreS?reweS?yratinaS?etavirP?-?streblA?leoJ?htiw?tnemeergA?dna?timreP?elbacoveR.32.FWS?nL?tserC?5062?-?tsurT?elbacoveR?nagloC?.B?harobeDeht?fo?seetsurt?sa?,nagloC?.B?harobeD?dna?.P?hpeso J?htiw?tnemeergA?noitcennoC?ytilitU.22. G 5???.)lairtsudnIthgiL(?IL?ot?)toL?llamS?ylimaF-elgniS(?2-R?dna?)ylimaF-elgniS?dexiM(?1-R?morf?ES?tS?ht05?5151dna?8811?ta?detacol?etis?erca-48?na?fo?noitangised?tcirtsiD?gninoZ?eht?gnignahc?,ytnuoC? detsmlOyb?,CZ600-3202DC?.oN?tnemdnemA?paM?gninoZ?gnivorppa?gnivorppa?ecnanidrO?na?gnitpodA??.edoC?tnempoleveD?deifinU?eht?etadpu?ot?,retsehcoRfo?ytiC?eht?yb?,AT100-3202DC?.oN?tnemdnemA?txeT?gnivorppa ?ecnanidrO?na?gnitpodA???.WN?evA?ht73?fo?tsew?dna?WN?tS?ht56?fo?htuos?detacol?,)3-R(?laitnediseR?ytisneDmuideM?ot?noitangised?gninoz?eht?egnahc?dna?etis?erca-31.5?a?etaroprocni?ot?,seinapmoC?reieMyb? ,XNA500-3202DC?.oN?ecnanidrO?yb?noitaxennA?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR????.gnidaer?tsrif?rof?ecnanidrO?na?eraperp?ot?yenrottA?ytiC?eht?gnitceriD?.2.stcirtsiD?slaicepS?supmaC?troppuS?oya M?dna?supmaC?lanoitutitsnI?lacideM?cinilC?oyaMeht?rof?nalP?raeY-eviF?eht?gnitadpU?,AT200-3202DC?.oN?tnemdnemA?txeT?gnivorppA?.1?.serca?49.7no?toltuo?eno?dna?stol?laitnediser?44?fo?noisividbus?eht?rof ?,snoitidnoc?xis?htiw?,tseW?tsevraH?sanwonk?eb?ot?,CLL?semoH?wolegiB?yb?TALP310-3202DC?.oN?noisividbuS?dnaL?rojaM?gnivorppA?kraP?ssenisuB?ratS?htroN?2?kcolB?,3?toL?hguorht?tnemesae?ytilitu?ediw?toof- 23?dna?gnol?toof-541a?etacav?ot?,CAV500-3202DC?.oN?noitacaV?tnemesaE?ytilitU?gnivorppa?noituloseR?a?gnitpodA?.WN?evA?ht06?fo?tsew?dna?WN?lP?erauqS?nwoT?fo?htron?detacol?stol?laitnediser?21?otniserca? 76.1?fo?noisividbus?eht?rof?,snoitidnoc?evif?htiw?,htfiF?keerC?elbbeP?sa?nwonk?eb?ot?,CLL,retsehcoR?keerC?elbbeP?yb?,TALP920-2202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA?.WN?tS?enotsdnaS?dna ?WNevA?ts16?fo?noitcesretni?eht?fo?renroc?tsewhtron?eht?ta?detacol?stoltuo?owt?dna?stol?laitnediserneves?otni?serca?82.4?fo?noisividbus?eht?rof?,snoitidnoc?xis?htiw?,htruoF?keerC?elbbeP?sa?nwonkeb?ot ?,ztiweD?selrahC?yb?,TALP510-3202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA?tnemnruojdA.NssenisuB?rehtO.MsmetI?delbaT.L ytnuoC?detsmlO?yb?CZ600-3202DC?.oN?tnemdnemA?paM?gninoZ.2.KetadpUedoC?tn empoleveD?deifinU?-?retsehcoR?fo?ytiC?eht?yb?AT100-3202DC?.oN?tnemdnemA?txeT.1.K sgnidaeR?dnoceS?ecnanidrO.K)mossolB?ehT(?seinapmoC?reieM?yb?XNA500-3202DC?.oN?noititeP?noitaxennA.1.J sgnidaeR?tsriF?ecnanidrO.JsnoitcA?detaitinI?licnuoC.IsnoitadnemmoceR?dna?stropeR.H cinilC?oyaM?yb?AT200-3202DC?.oN?tnemdnemA?txeT.5.G)tseW?tsevraH(?CLL?semoH?wolegiB?yb?TALP310-3202DC?.oN?noisividbu S?dnaL?rojaM.4.GsacuL?ynohtnA?yb?CAV500-3202DC?.oN?noitacaV?tnemesaE?ytilitU.3.GhtfiF?keerC?elbbeP?sa?nwonk?eb?ot?TALP920-2202DC?.oN?talP?laniF.2.GhtruoF?keerC?elbbeP?sa?nwonk?eb?ot?TALP510-3202DC?.o N?talP?laniF.1. Action Plan 6 indicators that help advance priorities.goals, actions, and performance Action Plans will be developed to identify Foundational Principles cost?effective,?and?re?ect?our?Service delivery is optimized, •integrated, and easy to navigateOperations are sustainable, •identi?ed?by?the?community changing demographics and needs The?organization?and?services?re?ect? •and equityopportunities that provide access Cultural and recreational •Areas of Focus Council and community values Adopt?design?guidelines?that?better?re?ect? •current?decisions?re?ect?future?proj ections strategies for Comprehensive Plan to ensure Develop implementation tools and •revenueresources, Legislative allocations, and City approach to effectively allocate DMC Establish competitive and sustainable •City leadership and community values economic?development?partners?in?de?ning?Create clarity, alignment, and unity with •Areas of Focus and Seniorsfor Black, Indigenous, People of Color, Increasing ownership opportunities •Owner-occupied affordable housing •amenitiesAccess to opportunities and •creative incentivesEquitable regulatory landscape and •Transportation options and access •Housing variety and affordability •Areas of Focus Quality Services Strategic Priority: Growth ManagementEconomic Vibrancy and Strategic Priority: Affordable Living Strategic Priority: to the sustainable and responsible use of public resources.Dedicated both physically and socially.Connected to health and wellness for its people.Committed by its safe and friendly neighborhoods.Characterized for its reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcoming?and?diverse?c ommunity.and industry thrive, and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy a high quality of life. Where business is a City that cares. Where all people are treated with dignity and respect. Rochester innovative team. A vibrant, compassionate, -Quality Services-Economic Vibrancy and Growth Management-Affordable Living-Compassion-Social Equity-Public Safety Sustainability-Fiscal Responsibility & Stewardship-Environmental VisionCity VisionOrganizationalPrinciplesStrategic Priorities 7 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to: § person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § Other ways to submit an open comment/public comment: § not be discussed in this forum.Matters currently under negotiation, litigation, or related to personnel will § section. Items on the agenda for a public hearing may not be discussed in this § A speaker may not yield time to another. § speak at 1 Open Comment Period per month. y only Speakers ma § is exhausted. period Each speaker may speak for up to 4 minutes until the above time § The period lasts for 20 minutes § The following speaker guidelines apply: Council’s regular business meeting. opportunity to address the City Council on a topic of their choice during the The Open Comment Period provides members of the community Open Comment Period M 8 3202?,2?rebotcO?rof?setuniM?TFARD:stnemhcattA egroFaL?lehcaR:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF? .gniteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal?yb?deriuqer?sa?krelC?ytiC?eht?yb?de hsilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.licnuoC?ytiC?retsehcoR?eht?fo?drocer?laiciffo ?eht?era?setuniM?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,3202?,2?rebotcO?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F3202,2?rebotcO?fo?gnitee M?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE City Council - October 2, 2023 9 llaC lloR/redrO ot llaC)B was closed.periodent CommPublic Open the speak, to wished who persons other o nHearing CenterBuildingAbility the for Manager Relations Public the as speaking Heim, Crystal 6. es Lund5. W , speaking on behalf of Family Services Rochester4. April Sutor upper3. Jason T 2. Joe Christianson as a member of the Park Boardnotand aul Pde incent VSt. of Society the of behalf on speaking ormack, Crty Ma1. The following persons were called to speak: Open Comment update Sign-up In Person or Call in via Zoom.A.1) doireP tnemmoC nepO)A V retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiV ecnaigellA fo egdelP :gniteeM eht gniweiV dna gnidnettA PresentBrooke Carlson StatusAttendee NameCity Council MINUTES ACITY OF ROCHESTER, MINNESOT Molly Dennis 10 toThompson Morris of Mayoral the Approved Act:Official Reappointments to Boards and Commissions .3)F Cover Page ending January 1, 2027.termthree-year first her to appointed then and 2024, 1, anuary Jending RobinsonK. of term unexpired the fill to ,immediatelyctive feefoard, BLibrary theto Mohamed Omnya of appointment Mayoral the d Approve Official Act: Appointments to Boards and Commissions .2)F DRAFT Minutes for September 18, 2023 Cover Page ficial record of the City Council.Council meeting as the of2023,18, September the of video and minutes the d ccepteA Act:Official Minutes for the City Council Meeting of September 18, 2023 .1)F adnegA tnesnoC)F Motion to Approve the Order of the Agenda adnegA fo redrO)E s Report for October 2, 2023’Mayor tropeR s’royaM)D s Report for October 2, 2023’City Administrator tropeR s’rotartsinimdA ytiC)C APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Dennis, Molly Carlson, Brooke YES:ASECONDER:ahlNorman W MOVER:PresentPatrick KeanePresentPresentahlNorman WPresentKelly Rae KirkpatrickPresentShaun PalmerPresent the 11.SE (CR 101) as a county turnback from Olmsted CountyRd.Bridget St. and SE St accepting 191-23No. Resolution Adopted 2. reconstruction project.theirof result a as 101 County former the of ay ight-of-WRof transferjurisdictional the for County Olmwith agreement an ed Approv1. Official Act: Olmsted County from(CR SE Rd Bridget St. and SE St of sfer ranTJurisdictional .8)F Cover Page appoint additional election judges as needed.toClerk City the authorizing and Election Special 2023, 7, Novethe forjudges election approving 190-23No. Resolution Adopted Act:Official Election Judges for the November 7, 2023, Special Election .7)F Cover Page , MN 55906.ve N, Suite A, Rochesterat 121Broadway Aoperatingenue, Vand Lounge Castle The DBA LLC Events & Entertainment 507for licenses liquor Sunday special & intoxicating/restaurant fullon-sale, new the approving 189-23No. Resolution Adopted Official Act: enue. Entertainment & Events LLC DBA The Castle Lounge and V507for Licenses Liquor Sunday ecial Spand Intoxicating On-Sale New .6)F Cover Page by referral departments.valsfull and information required l alof submission to subject permits, andlicenses new on actions mended the including presented, as reportlicense full the g approvin Resolution No. 188-23 Adopted Official Act: Licenses and Permits for October 2, 2023 .5)F Cover Page $9,995,595.83 and accounts payable of $9,930,458.82.ofpurchases investment including $19,926,054.65 of amount the in 2, October for disbursements total of listing the d Approve Official Act: Accounts Payable for October 2, 2023 .4)F Cover Page the PPOC for a three-year term ending December 31, 2026.torepresentative Commission Rights an HumCounty Olmsted the as serving , telyimmediafective ef(PPOC) Commission Oversight Policy e Polic 3. 12 ServicesEngineering contract services technical ssional A 2. appropriate bond and insurance documentation and;theof submission Contractor's and approvals, plan grading and project upon onalconditiexecution Apartments," Felty on Flats Serve to Hydrants &atermain W"Public J5599, No. Project for contract City-Owner A 1. Authorized:Official Act: Apartments - Project No. J5599 on Flats Serve to Hydrants & atermain WPublic ct: ContraCity-Owner .12)F Cover Page 1.Reclamation Plant Liquid and Solids Upgrade - Project No. J441aterW2023 the for p.m. 3:00 at 2023, 19, December on opening bida scheduling and for advertisement the horized Aut Act:Official 1 ater Reclamation Plant Liquid and Solids Upgrade - Project No. J441W1).1F Ridge - Project No. J6731Centurionat Improvements 421 Pond r ateWStorm - ocation LProject Cover Page Centurion Ridge – Project No. J6731atts Improvemen421 Pond WStorm the for opening bid a scheduling andconstruction for bids for advertisement the Authorized Act:Official Ridge - Project No. J6731 rionCentuat Improvements 421 Pond WStorm - t AdvertisemenBid .10)F A)Letter of Support - Solar For All (SF ProgramAll For Solar Commerce of Department Minnesota - tline OuPublic Cover Page Commerce's Solar for All proposal.ofDepartment the for support of letter a Authorized Act:Official s Solar for All Proposal Letter of Support for State’.9)F ransfer Agreement - CR 101 Jurisdictional T Location Map - 45th St SE and St. Bridget Rd SE Cover Page State Aid Highway (CSAH) 47 within the City limits.Countyof establishment the approving 192-23No. Resolution Adopted MOVER:13 inclusion of R2x andthewith change zone oning-initiated Zand Planning the 1. Official Act: Zone Change CD2023-008ZC by the City of RochesterG.1) sgniraeH cilbuP)G Speaking During a Public Hearing Guidelines .mooZ aiv ni llaC ro nosreP nI pu-ngiS senilediuG gniraeH cilbuP .13..1 through FMotion to approve in block items F est Zumbro SewershedLocation Map - Orderly Annexation Agreement W Exhibit A - Orderly Annexation Agreement Legal Description Maintenance Agreement - 19th St NW and 15th St NW est Zumbro SewershedOrderly Annexation Agreement - W Cover Page lands identified in Exhibit A of the proposed Orderly Annexation Agreement.thefor Twith agreement maintenance associated and agreementannexation an of execution the Authorized Act:Official est Zumbro Sewershed s WLands in the City’Developablefor Th witAgreement Annexation .13)F J5599No. - Felty on Flats - tract ConServices echnical TProfessional Exhibit - Flats on Felty - Project No. J5599 City-Owner Contract - Flats on Felty - Project No. J5599 the City-Owner contract.ofexecution City to partments," AFelty on Flats Serve to Hydrants &atermain WJ5599, No. to work r fo$or fLtd, APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Shaun Palmer 2. 14 the Heritage Preservation Commissionofchair the as not and behalf hison speaking Skolnick, B13. 12. Kevin Bennett1. Sasha Gentling110. Bobbi Pritt9. Nels Pierson, speaking on behalf of Reagan Outdoor Advertisingyler Mandler8. T7. Sarah Lou comment after the public hearing closed.videproto directed was and larification ca fered ofetzer YDirector Deputy foni Schaf6. VPreservation CommissionHeritagethe of chair as not and behalf ownhis on speaking , HublyMark 5. 4. Christine Formea3. Heidi Nelsonfer2. Jane Kelley Rodehef1. Kathy Meyerle The following persons were called to speak: City Clerk Kelly Geistler suggested a procedural action. The public hearing was opened. City Attorney Michael Spindler-Krage suggested an action. Presentation - Zoning Change CD2023-008ZC etzer presented the item.Deputy Director of Community Development Ryan Y ."nowsideastep I you. Thank process. the in Attorney the consulted Ishare also would I but decision, my is myself recuse to decision the thatunderstand I again. over nd aover been ave hI which friends, my andconstituents, my neighbors, my forvoice strong e thbe herwise otto wanting, reluctantlyincredibly myself se recuI . personallyme impact directly woulddecision change zone the at thargument an be uld cothere such,As in. I neighborhood olwell Fthe involves directly tem, iagenda this ofa is which the of in is which nsideration, coange chzoning proposedthe because decision ng zonithe from myself recusing am "I Council Member Bransford recused himself from item G.1. the revised R2x.ofconsideration for 2023, 20, ovember Non hearing public a shed Establi3. Southwest and Folwell, andHistoricthe in R2x the of the in reduction a R2x ed rezonbe tols parcethe of version alternate an develop to ammates terected Di 14. Dr 15 ritten Comment SchneiderW ritten Comment SauerW ritten Comment RhodesW ritten Comment MichetW ritten Comment JenkinsW ritten Comment GormanW ritten Comment CormackW ritten Comment AagardW Rezoning Map - Community Development Recommendation Rezoning Map - Planning Commission Recommendation Public Comments - CD2023-008ZC City Initiated Zone Change CD Memo - CD2023-008ZC City Initiated Zone Change Cover Page etzer answered additional questions.Deputy Director Y and answered procedural questions.processthe about commented Spindler-Krage Attorney City etzer provided a rebuttal and answered questions.Deputy Director Y ahead. skip toitem next the for timestamp the Click throughout. s recording and G.01Item for public the after occurred recess A ote: N Hearing no other persons wishing to speak, the public hearing was closed. 23. Katie Hyder22. Ann Erie21. Martha Grogan20. Susan Jenkins19. Bob Suter18. Joe Christianson17. Brianna Amundson16. Mike Ackerman15. Alex Ball. Kenneth Philbrick MOVER:16 andNeeser Gwen petitioners of plandlocked the access to easement "cartway"a of establishment the regarding publica Held 1. Official Act: AccessCartwayParcel Landlocked for & Neeser by Easement G.2) Click the timestamp for the next item to skip ahead. Clerk's Note: A recess occurred after Item G.01 and recording continues throughout. Motion to Suspend the Rules to allow the hearings to continue. clarification.Zelms Alison Administrator ity Cvote, the and motion the on November 20, 2023, for consideration of the revised R2x.ringheapublic a establishing and Folwell, and Southwest the in R2x theof size the in reduction a with R2x rezonedbe to cels parthe of alternatean to teammates City directing and R2x of inclusion thewith change zone Zoning-initiated andPlanning the Amend to Motion the City Attorney to prepare an ordinance for first reading.ctingdireand Map, Zoning he tfrom district zoning R2x proposed theremove to recommendation Commission's Planning the with 008ZC CD2023-No. Change Zone Initiated City the as Adopt to Motion 1 - 1\]APPROVED \[5 - :TRESUL Mark Bransford:ABSENT Molly Dennis YS:NA ahl, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:1 - 1\]APPROVED \[5 - :TRESUL Mark Bransford RECUSE:Shaun Palmer YS:NA ahl, Patrick KeaneKirkpatrick,Rae elly KMolly Carlson, Brooke YES:A ahl SECONDER:Patrick Keane MOVER:0 - 1\]APPROVED \[6 - :TRESUL Mark Bransford RECUSE:ahl, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Shaun Palmer MOVER:17 and, ownerproperty the to $1400 of Assess gap, ified identthe spanto option the via petitioners the for access to Motion City Attorney Spindler-Krage answered questions about the item.Outside counsel Kuboushek answered questions about the item.about the item.questionsanswered Dombrovski Dillon orks WPublic of Director Deputy Petitioners' representative Thompson answered questions about the item. Hearing no other persons wishing to speak, the public hearing was closed. procedural question.aanswered Spindler-Krage Attorney City and Kuboushek 5. Craig Uglandells4. Roger W3. Emily Buck2. Bill Buck The public hearing continued and the following persons were called to speak. 1. Petitioners’ representative Scott Thompson spoke to the item. Motion to Suspend the Rules to allow the petitioners 15 minutes to present. The public hearing was opened. Presentation - Cartway Access the item and answered questions.presentedReuver s, at k, Jason 2. questions.eredanswand item the introduced rage Spindler-KAttorney City 1. Parcel Cartway AccessckedLandlofor & Neeser by n PetitioEasement - Map & Petition Cover Page for approval.backthat bring and resolution a in dings finthese to f stafd Directe3. . Buck, and, Mrto the property ownerowedthe and , cartwayposed prothe of location the tablished Es2. Robert Higgins, Parcel Identification (PID) No. 643542045404, and APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:18 2024 Community Development Block Grant AllocationsG.4) Motion to Adopt the item. the public hearing was closed.speak,to wished who no aring Hewas hearingc publiThe yler Mantler presented the item.2. Applicant's representative T1. Planner Desmond McGeough presented the item. Revised Agency Comments - ProCuts CD2023-001IUP Revised Slope Stability Report - ProCuts CD2023-001IUP Revised Narrative and Exhibits - ProCuts CD2023-001IUP Location Map Exhibit - ProCuts CD2023-001IUP Notification Map - ProCuts CD2023-001IUP Revised CD Memo - ProCuts CD2023-001IUP Cover Page ve N, south of Rocky Creek Dr NE.Broadway Aofside east the on acres, 1.6 on activity excavation for Construction, Sawyerby , No.CD2023-001IUPPermit Use A Act:Official Excavation ActivityforConstruction, Sawyer by , No.CD2023-001IUPPermit Use G.3) question about the requested action.aed answerKubouchek utside ovote, the and motion the approval.fork bacthat bring and resolution a in findings these ture capto f stafDirect APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A ahl SECONDER:Shaun Palmer MOVER:19 St65th of south (R-3), Residential Medium to designation zoningthe change and site 5.13-acre a incorporate to mpanies, CoMeier byCD2023-005ANX, No. Ordinance by Annexation Approved Act:Official (TheCompanies Meier by CD2023-005ANX No. on PetitiAnnexation G.5) Click the timestamp for the next item to skip ahead. Clerk's Note: A recess occurred after Item G.04 and recording continues throughout. $5,000.tofrom Center rming aWthe decrease to AND tofrom Army Salvation the to increase to AND to$9,700 from Mentorship Sports the to increase to Allocations ramProgGrant Block Development Community 2024 the Amend toMotion Program Allocations.rantGBlock Development Community 2024 the asAdopt to Motion City Administrator Alison Zelms answered questions about the item. the public hearing was closed.speak,to wished who no aring Hewas hearingc publiThe 1. Senior Administrative Analyst Brent Svenby presented the item. (CDBG)Grant Block Development Community 2024 - Application Presentation - 2024 CDBG Allocations Cover Page Block Grant Program Allocations.DevelopmentCommunity 2024 the as d Approve Act:Official 3\]APPROVED \[4 - :TRESUL Brooke Carlson, Molly Dennis, Patrick Keane YS:NA BransfordMarkahl, WNorman Kirkpatrick, Rae Kelly , PalmerShaun YES:A Kelly Rae Kirkpatrick SECONDER:Shaun Palmer MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:20 List "C" Site Location Map - Rural Service District List "B" Site Location Map - Rural Service District List "A" Site Location Map - Rural Service District o Be Removed List - Rural Service DistrictParcels T Rural Service District Parcels Payable 2024 - Rural Service District Community Development Memo - Rural Service District Cover Page the Rural Service District.toproposed ment DevelopCothe A Act:Official Annual Rural Service District ReviewG.6) Motion to Approve the item. the public hearing was closed.speak,to wished who no aring Hewas hearingc publiThe ointon presented the item.2. Applicant's representative Bill T1. Planner Desmond McGeough introduced the item. Review Comments - CD2023-005ANX The Blossom Narrative - CD2023-005ANX The Blossom Annexation Exhibit - CD2023-005ANX The Blossom Location Map - CD2023-005ANX The Blossom Notification Map - CD2023-005ANX The Blossom CD Memo - CD2023-005ANX The Blossom Cover Page Ordinance for first reading.anto Attorney City the directing and , NWve A7th 3of west and NW APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:21 answered a procedural question.ParrishAaron Administrator City Deputy vote, the and motion the Motion to Continue the item to the Date Certain of October 16. City Clerk Kelly Geistler answered a procedural question. Meeting of September 28, 2023(DMCC)Corporation Center Destination - Packet Board Cover Page Agency (DMC EDA) working capital loan for 2024 in the amount of $100,000.DevelopmentEconomic Center Destination the of Extension 4. $1,000.ofamount the in 2024 for loan DMCC e thof Ex3. an authorized DMC funding related total amount of $39,565,314.andabove amount budget operating 2024 the includes h whic$265,917,502 DMCC the for (CIP) Plan ent 2024-2029 e Th2. (DMCC) in the amount of $4,318,891. CorporationCenter Destination theof budget ting opera2024 The 1. approving: Resolution No. 193-23 Adopted Official Act: and CapitalOperating- Budget (DMCC) Corporation Center Destination 2024 H.1) snoitadnemmoceR dna stropeR)H Motion to Adopt the item. the public hearing was closed.speak,to wished who no aring Hewas hearingc publiThe 1. Planner Jase Pater introduced the item.7\]DENIED \[0 - :TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YS:NA None YES:A Kelly Rae Kirkpatrick SECONDER:Molly Dennis MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:22 Project No. J7347-ac of end to SW St 40th m froSW Ct Willow of Reconstruction H.3) Motion to Approve the item and set a public hearing for November 6, 2023. answered questions.anditem the presented Dombrovski Dillon Director orks WPublic puty De1. Feasibility Report - Project No. J7341 Location Map - Project No. J7341 Cover Page J7341.No.- NE) St (17 NW Dr Hills Elton to NE St 14 from N ve ABroadway ofReconstruction the on Report ility Feasibthe filed and ved Recei2. Dr NW (17 St NE) - Project No. J7341HillsElton to NE St 14 from N ve Adway Broaof Reconstruction the for 2023, 6,November on public a ng setti 194-23No. Resolution 1. Official Act: NE) - Project No. J7341ve N from 14 St NE to Elton Hills Dr NW (17 StReconstruction of Broadway AH.2) spoke to the item.Spindler-KrageAttorney City , votethe and motion the Motion to Approve the item. answered questions.anditem the presented Seeb Director ExEDA DMC 2. answered questions.anditem the presented and introduced ministrator AdCity puty De1. orkplanPresentation - 2024 DMC 2024 Budget-W APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:1\]APPROVED \[6 - :TRESUL Molly Dennis YS:NA ahl, Mark Bransford, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:23 Cover Page new cannabis businesses within the City before January 1, 2025.anyof operation the prohibiting 4503No. Ordinance Act:Official Proposed Ordinance - Adult-use CannabisK.1) sgnidaeR dnoceS ecnanidrO)K City Attorney Michael Spindler-Krage gave the first reading. Ordinance - CD2023-007ZC Mercy Hill Cover Page (Single-Family Small Lot).R-2to Single-Family) (Mixed R-1 from acres 12.17 of signation dedistrict zoningthe change to LLC, Farmland by CD2023-007ZC, No. Amendment MapZoning of First the Filed and d Receive Act:Official Zoning Map Amendment No. CD2023-007ZC by Farmland LLC (Mercy Hill)J.1) sgnidaeR tsriF ecnanidrO)J snoitcA detaitinI licnuoC)I Motion to Approve the item and set a public hearing for November 6, 2023. answered questions.anditem the presented Dombrovski Dillon Director orks WPublic puty De1. Feasibility Report - Project No. J7347 Cover Page Ct SW from 40th St SW to end of Cul-de-sac - Project No. J7347.illowWof Reconstruction the for Report Feasibility the filed and ed Receiv2. de-sac - Project No. J7347.Cul-of end to SW St 40th from SW Ct Willow of nstruction Recothe for 2023, 6,November on public a ng setti 195-23No. Resolution 1. Official Act: APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:24 .cityclerk@rochestermn.govfice at (507) 328-2900 or emailplease contact the City Clerk's OfIf you need assistance finding information about an item on this agenda, City Clerk Kelly K. Geistler __________________________________ Motion to Adjourn. tnemnruojdA)N 2. City Administrator Alison Zelms answered questions from Council.1. Deputy City Administrator Cindy Steinhauser answered questions from Council. ssenisuB rehtO)M smetI delbaT)L Motion to Approve the item. City Attorney Michael Spindler-Krage gave the second reading.1\]APPROVED \[6 - :TRESUL Molly Dennis YS:NA ahl, Mark Bransford, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane M 25.tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF?.elbaliava?emoceb?snoitisop?sa?sisab?enituor?a?no?edam?era?stnemtnioppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitatnese rper?ytinummocesrevid?erusne?ot?srebmem?noissimmoC?dna?draoB?fo?yevrus?launnaib?na?setelpmoc?royaM?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?l anoitadnuoF?&?seitiroirP?.gnirb?nac?cisum?ylnotaht?secneirepxe?dna?noitaicerppa?derahs?eht?dnuora?ytinummoc?s'retsehcoR?dliub?ot?eunitnoc?ot?stnaweH?.ytinummoc?gnihsilbatse?ni?dna?slaudividni?no?evah ?nac?cisum?tcapmi?dnuoforp?eht?sees?anucA?.rMdraoB?cisuM???.yteicos?citarcomed?dna?eerf?a?ot?noitamrofnifo?egnahcxe?eerf?eht?fo?ecnatropmi?eht?sdnatsrednu?dna?seirarbil?rof?etacovda?ecreif?a?si?nosle N?.rM draoB?yrarbiL???.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppasweiver?royaM?ehT?.stnemeriuqer?ycnediser?deificeps?teem?ot?deriuqer?eb?yam?dna?,ega?fo?sraey?81 eb?tsum?,gniylppa?era?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?ehtetubirtnoc?ot?gnilliw?eb?,yticapac?reetnulov?a?ni?ytinummoc?rieht?evres?ot?erised?a?evah?tsum?stna cilppA.snoissimmoc?dna?sdraob?ytiC?suoirav?no?evres?ot?sreetnulov?skees?licnuoC?ytiC?retsehcoR?ehT:evitarraN?tropeR??.6202?,13?rebmeceDgnidne?mret?raey-eerht?tsrif?sih?ot?,yletaidemmi?evitceffe?,6?dr aW-draoB?cisuM?eht?ot?anucA?reffotsirK??.2.7202?,1?yraunaJ?gnidne?mret?raey-eerht?tsrif?sih?ot?detnioppa?neht?dna?,4202?,1?yraunaJ?gnidnesreyeM?.A?fo?mret?deripxenu?eht?llif?ot?,yletaidemmi?evitceffe ?,draoB?yrarbiL?eht?ot?nosleN?madA??.1:fo?tnemtnioppa?laroyaM?eht?gnivorppA:detseuqeR?noitcA???2.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA NOITCA?ROF?TSEUQER notroN?miK?royaM:RETNESERPadnegA?tnesnoC:NO ITCES?ADNEGAroyaM?eht?fo?eciffO:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE A 26:stnemhcattA sregoR?nohciM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl M 27:stnemhcattA yoR?hsoJ:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?si hT:tcapmI?ecruoseR?&?lacsiF.lavorppa?dna?weiver?rof?gniteem?licnuoC?ytiC?yreve?dettimbus?si?troper?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.licnuoCytiC?yb?devorppa?eb?smialc?lla?gniriuqer?1 72.214?etutats?atosenniM?htiw?ecnailpmoc?ni?si?meti?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiro irP 74693/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth?:3202?,61?rebotcO?rof?tropeR?yrammuS?PA54693/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:3202?,61?rebotcO?rof?tropeR?liateD ?PA:troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.45.895,339,8$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni45.895,339,8$?fo?tnuoma?eht?ni?,3202?,61?rebotcO?rof?st nemesrubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???3.F3202?,61?rebotcO?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER hsirraP?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?e cnaniF:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE M 28 lautcA?ot?tegduB?3202?retrauQ?dr3?-?tropeR:stnemhcattA sirraH?yoJ:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.troper?siht?morf?sevired?tcapmi?ecruoser?ro?lacs if?tcerid?oN:tcapmI?ecruoseR?&?lacsiF?.ylretrauq?drawrof?thguorb?si?troper?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.snoisiced?ycilop?erutuf?ecneulfni?yam?dna?elcyc?tegdub?eht?tcapmitaht? sdnert?rotinom?ot?ytiliba?eht?licnuoC?sedivorp?troper?siht?,yllanoitiddA??.detcepxe?sa?ton?era?seuneverfi?snalp?ycnegnitnoc?tegdub?etutitsni?dna?segnahc?tegdub?dnemmocer?ot?ytinutroppo?na?tnemeganams evig?sih?.serutidnepxe?dna?seunever?sti?gnirotinom?ni?ytiC?eht?stsissa?gnitroper?tegdub?ylretrauQ:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR ?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.emoclew?era?snoitseggusro?stnemmoc?os?,won?raey?eno?rof?ecalp?ni?neeb?ylno?sah?erutcurts?gnitroper?sihT??.raey?eht?tuohguorhtecnamrofrep?tegdub?llarevo?f o?"weiv?level-hgih"?a?peek?srebmeM?licnuoC?pleh?ot?dednetni?si?troper?sihT:evitarraN?tropeR.3202?,03?rebmetpeSgnidne?doirep?eht?rof?troper?yrammus?ecnamrofreP?tegduB?retrauQ?drihT?3202?eht?gnilif?dna ?gnivieceR:detseuqeR?noitcA???4.FtropeR?ecnamrofreP?tegduB?retrauQ?drihT?3202 NOITCA?ROF?TSEUQER hsirraP?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANIGIRO32 02?,61?rebotcO:ETAD?GNITEE 29 COMPANY/REVENUE SOURCEACTUALSBUDGET 30(75% of the Year Completed)thru September 30th, 2023Council Budget to Actual - Revenue ReportCity of Rochester, MN Interest Earnings-16,713.94-15,340.62108.95Fai r Value of Investments-119,900.000.00100.00Fines-9,888.63-4,646.00212.84Charges for Services-11,708.89-6,161.00190.05Other Financing Sources0.00100.00Miscellaneous Revenues-61,434.12-47,948.22128.13I ntergovernmental Revenues-53,790.63-52,600.63102.26Interest Earnings-9,500.75-3,912.37242.84Fair Value of Investments-20,600.00100.00Taxes-66,551,877.37-69,103,544.0096.31Other Financing Sources-787,637.37-7,401,593.4310.64Miscellaneous Revenues-942,985.26-1,265,885.0274.49Licenses and Permits-4,515,553.33-4,932,029.0091.56Intergovernmental Revenues-6,488,462.65-8,060,287.0380.50mon ths recorded.In Lieu of Tax-9,551,252.22-13,567,858.0070.40RPU runs a month behind so only 8 Interest Earnings-360,401.83-236,118.27152.64Fair Value of Investments-1,767,523.600.00100.00Fines-272,086 .88-352,949.7177.09Charges for Services-3,168,581.55-4,360,950.0072.66 EARNEDCOMMENT% OF BUDGET Intergovernmental Revenues-867,900.00-1,169,818.0074.19 31 Taxes-266,626.64-266,583.00100.02Other Financing Sources-9,000.00-45,489.8919.78Miscellaneous Revenues-123,346.87-108,655.00113.52Intergover nmental Revenues0.000.00100.00Interest Earnings-8,696.890.00100.00Fair Value of Investments-17,500.000.00100.00Charges for Services-1,322,556.17-1,313,558.00100.69Taxes0.00100.00Other Financing Sources6,600.000.00Miscellaneous Revenues0.000.00100.00Interest Earnings-8,142.30-6,600.00123.37Fair Value of Investments-27,600.000.00100.00Taxes-8,762,808.75-8,760,526.00100.03Special Assessments Revenue0.00100.00Other Financing Sources-1,368.94-54,983.072.49Miscellaneous Revenues-22,849.14-9,446.83241.87Licenses and Permits0.00-1,045.000.00Intergovernmental Revenues0.000.00100.0 0Interest Earnings-18,476.70-18,000.00102.65Fair Value of Investments-104,400.000.00100.00Charges for Services-493,153.75-635,410.0077.61Taxes-7,817,318.17-7,816,734.00100.01Other Financing Sources0.00-77,367.880.00Miscellaneous Revenues-953.58-2,029.0047.00 Charges for Services-346,686.54-729,216.0047.54Behind Projections-4th quarter is usually 32 Miscellaneous Revenues-15,275.74-44,280.0034.50Behind projectionsIntergovernmental Revenues0.000.00100.00In terest Earnings4,136.26-4,500.00-91.92Fair Value of Investments0.000.00100.00will help.Charges for Services-642,025.34-973,640.0065.94Behind Projections-4th quarter ice rentals Taxes-19,987.76-19,987 .00100.00Other Financing Sources0.00-6,316.950.00Miscellaneous Revenues-66,054.19-58,580.00112.76Intergovernmental Revenues0.00-20,588.000.00Interest Earnings-856.78-600.00142.80Fair Value of Investments-1,700.00100.00Charges for Services-359,554.11-332,593.00108.110.000.00100.00Taxes-218,018.27-365,462.0059.66Other Financing Sources0.000.00100.00Miscellaneous Revenues0.000.0010 0.00Intergovernmental Revenues0.000.00100.00Interest Earnings-11,917.630.00100.00Fair Value of Investments-48,500.00100.00Charges for Services0.000.00100.00Taxes-82,323.14-82,307.00100.02Other Financing Sources0.000.00100.00Miscellaneous Revenues-16,889.92-19,594.0086.20Intergovernmental Revenues0.00-80,607.000.00Interest Earnings6,713.141,700.00394.89strong. Other Financing Sources0.00-16,707.000.00 33 Intergovernmental Revenues0.000.00100.00Interest Earnings-257,499.76-205,000.00125.61Fair Value of Investments-620,700.000.00100.00Fines-388,586.00-471,34 3.0082.44Charges for Services-4,727,369.02-6,420,409.0073.63Other Financing Sources387,502.170.00Miscellaneous Revenues-1,863,164.50-2,749,790.0067.76Interest Earnings-22,961.44-8,300.00276.64Fair Value of Investments-90,900.000.00100.00Taxes-13.890.00100.00Other Financing Sources0.00-631,408.960.00Miscellaneous Revenues-613,938.58-1,696,436.3436.19Not linear receiptsIntergovernmental Revenues-8,613,535.72-9,347,845.0092.14Interest Earnings-115,789.41-26,700.00433.67Fair Value of Investments-277,200.000.00100.00Fines0.00100.00Charges for Services-851,927.61-987,029.0086.31Taxes-5 06,895.03-506,628.00100.05Miscellaneous Revenues-3,541,357.46-3,398,421.00104.21Intergovernmental Revenues-1,212,505.00-2,313,910.0052.40Interest Earnings-118,245.80-11,560.001,022.89Fair Value of Investments-388,000.000.00100.00Charges for Services-631,351.53-1,131,992.0055.77Still trying to recover-landing feesTaxes-590,873.64-590,792.00100.01 Licenses and Permits-23,860.00-63,223.0037.74Revenues not linear 34 Special Assessments Revenue0.00100.00Other Financing Sources-894,957.122,096,529.00-42.69Miscellaneous Revenues-178,945.300.00100.0 0Licenses and Permits-2,418.00-20,378.0011.87Intergovernmental Revenues0.000.00100.00Interest Earnings-350,828.22-124,000.00282.93Fair Value of Investments-1,162,800.000.00100.00recorded.Charges for Services-5,988,609.57-8,826,552.0067.85Delay in recording-only 8 months Taxes0.000.00100.00Special Assessments Revenue0.00100.00Other Financing Sources-895,487.828,378,907.04-10.69Miscellaneous Revenues-2,299,936.10-80,080.002,872.05Licenses and Permits0.00-836.000.00Intergovernmental Revenues0.000.00100.00Interest Earnings-503,314.56-311,000.00161.84Fair Value of Investments-1,750,300.000 .00100.00Fines0.000.00100.00recorded.Charges for Services-19,589,349.40-28,594,110.0068.51Delay in recording-only 8 months Other Financing Sources0.00967,032.250.00Miscellaneous Revenues-12,532.470.0 0100.00 COMPANY/BUSINESS UNITACTUALSBUDGET 35(75% of the Year Completed)thru September 30, 2023Council Budget to Actual - Expenditure ReportCity of Rochester, MN 42200 - Fire14,927,630.6521,004,656.2871.07%o ccur.Allocations to County, Fire, & Police yet to 149.18%42141 - Dispatch1,642,539.191,101,049.84 100.00%42133 - Police Reserve0.000.0042132 - Animal Control294,151.00412,650.0271.28%42100 - Police24,404,242.4634,436,944.3270.87%41960 - City Hall Maintenance376,252.72584,352.0064.39%78.98%41920 - Information Technology2,397,108.403,035,226.00256,363.88357,883.0071.63%41919 - DSIC & North Statn Maintenance41910 - Community Development1,066,475.391,697,319.0062.83%41800 - Human Resources1,546,996.832,619,173.9659.06%41600 - Legal1,377,499.412,080,970.2366.20%41500 - Finance1,616,850.432,431,975.4466.48%41450 - Administrative Fines4,780.3813,147.0036.36%Allocations from Parking to happen 100.00%41430 - Parking Ticket Collections51,296.820.0041420 - Elections113,172.70444,596.0025.46%happenAllocations to Elections and Parking to 80.40%41400 - City Clerk707,682.90880,168.00 75.93%41320 - City Administration2,916,579.883,841,367.0941315 - Mayor271,632.42376,223.0072.20%77.62%41310 - City Council675,741.65870,610.00 SPENTCOMMENT% OF BUDGET 42260 - Hazmat54,750.2132,606.94 36 exceed current year revenues.Spend of gift donations (savings account) 168.82%45500 - Library183,339.80108,602.1044620 - Contingency0.002,100,000.000.00%44605 - Joint Facilities Maintenance226,719.44327,417.0069.24%44600 - Unallocated33,098.58110,590.0029.93%44515 - CBD Maintenance396,608.45594,912.0066.67%82.53%Allocations from DMC to happen.44500 - Economic Development3,764,118.024,560,859.00 81.94%44400 - Community Reinvestment291,441.25355,695.0044200 - ArtCtr/CivicTheatre/125Live237,327.50389,428.0060.94%44100 - Music871,162.501,324,615.0 065.77%43220 - City Lighting1,105,127.721,553,460.9471.14%43200 - Traffic1,191,305.031,731,660.4868.80%78.45%43125 - Fleet Mtce & PWTOC Bldg600,280.68765,132.50Allocations to happen yet.80.30%43100 - Street Infrastructure Mtce7,696,139.879,584,584.9243000 - Engineering2,924,921.633,989,865.0073.31%42600 - Emergency Management250,096.17434,896.0057.51%42500 - Flood Control447,999.92900,124.8249.77%Appropriations to happen yet.81.44%3,637,017.534,465,913.6742400 - Community Dvlpmt Protctve Inspwill occure when money arrives.Appropriation of State Reimbursement 167.91% 45500 - Library6,231,769.619,012,548.6269.15%37 46200 - Graham Arena532,820.11904,499.0058.91%expected77.59%Credit Card fees running higher than 46150 - Golf1,335,161.081,720,777.89 100.00%46100 - FE Williams0.000.0046040 - Plummer House57,557.02105,424.0054.60%46033 - Parkway Maintenance366,498.96731,728.0050.09%75.28%46030 - Parks5,172,487.256,870,812.7346020 - Pools87,577.90140,184.0062.47%83.90%Temp salaries more than expected 46013 - Tennis Center50,981.5060,764.0046010 - Recreation559,501.02799,475.2369.98%76.11%46001 - Park & Rec Administration536,2 54.82704,619.94 46250 - Mayo Civic Center80,469.50365,462.0022.02%38 102.26%49400 - Parking6,332,856.086,192,942.75 reimbursed through CAM charges.Expenses running higher than expected, but 81.94%46950 - Transit8,430,461.3312,689,419.3066.44%expectations.International flight traffic exceeds 148.35%46902 - Airport Customs244,383.48164,730.00grants. RAC got special CARES money.We act as pass through for operating 88.72%46900 - Airport4,394,968.004,953,488.0046350 - Recreation Center1,114,595.661,613,352.0069.09%46300 - National Volleyball Center283,668.55441,221.9564.29% 49630 - Water Reclamation Plant15,010,694.6921,420,371.9670.08%39 49650 - Storm Water Utility4,726,844.116,874,401.0068.76%49635 - Sanitary Sewer Fund Debt616,362.50-813,253.00-75.79% M 40?.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?n iam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF.licnuoC?eht?fo?noitaredisnoc?eht?rof?detneserp?si?troper?esnecil?a?,gniteem?licnuoC?hcae?tA:tnemegagnE?yt inummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrev o?hguorht?gnieb-llew?dna?,htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidrO?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcap mI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP 1?-?timreP?tnevE?laicepS?sesneciL?tnevE?laicepS??1?-?timreP?nekcihC?sesneciL? laminA?2?-?esneciL?rellatsnI?retsaM?CAVH2?-?esneciL?rotcartnoC?CAVH?sesneciL?sedarT/srotcartnoC:evitarraN?tropeR.stnemtraped?larreferyb?slavorppa?lluf?dna?noitamrofni?deriuqer?lla?fo?noissimbus?ot?tc ejbus?,stimrep?dna?sesnecil?wen?nosnoitca?dednemmocer?eht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???5.F?.3202?,61?rebotcO?rof?stimreP?dna?sesn eciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE P 41 3202?,61?rebotcO?rof?stimreP?dna?sesneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraper RESOLUTION 42 Amanda Thoendel (A00272) Dec. 31, 2024.to all terms and conditions of Rochester Code of Ordinances Chapter 3-4, fora period expiring Recommended Action: Approve granting the following applications for Chicken Permits, subject CHICKEN PERMIT ANIMAL LICENSES Richard MacAllister for General Heating & AirConditioning (00983)Tim McGuire for Blue Ox Heating & Air LLC (00982)December31, 2023.terms and conditions of Rochester Code of Ordinances Chapter 4-3, for a period expiring Recommended Action: Approve granting the following Master Installer Licenses, subject to all HVAC MASTER INSTALLER LICENSE11081 Chaparral Ave, Shakopee, MN 55379Richard MacAllister DBA General Heating & Air Conditioning (00982)5720 International Pkwy, New Hope, MN 55428BlueOx Heating & Air LLC (00981)period expiring December31, 2023.License, subject to all terms and conditions of Rochester Code of Ordinances Chapter 4-3, fora Recommended Action: Approve granting the following application for an HVAC Contractor HVAC CONTRACTOR LICENSE CONTRACTORS/TRADESLICENSES information and full approvals by referral departments. actions be approved on the following licenses and permits, subject to submission of all required BE IT RESOLVED by the Common Council of the City of Rochester that the recommended SPECIAL EVENT PERMITS43Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF Ridge Road. Partial road closure of Salem Road SW at the crossing between Salem Road and Autumn Maximum allowable sound pressure no more than 85 decibelsNovember 23, 2023, from 8:00 a.m. to 10:00 a.m.3611 Salem Rd SWAutumn Ridge ChurchThe Great Gobble 5KOrdinances.full approvals by all referral departments and full compliance with the Rochester Code of Recommended Action: Approve the following applications for special event permits, subject to M 44:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca? gnisneciL:tcapmI?ecruoseR?&?lacsiF?.emit?siht?ta?snoitca?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa? ,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debirc serp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lano itadnuoF?&?seitiroirP?.emit?siht?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccussah?noitagitsevni?dnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe?na?seogrednunoitaci lppa?hcaE?.ssecorp?esnecil?rouqil?siht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT??.lortnoc?tnecrep?001?htiw?sebaK?ydnaR??.rM?yb?denwo?yleritne?si?si?ynapmoc?ehT?.esnecil?rouqil?yadnuS?l aiceps?dna??elas-no?evisulcxe/gnitacixotnilluf?a?rof?noitacilppa?na?dettimbus?sah?)"ynapmoc?eht"(??suahreiB?s’lluB?ABD?CLL?,suahreiB?s’lluB:evitarraN?tropeR.10955?NM,retsehcoR?,WN?rD?slliH?notlE?031? ta?gnitarepo?,suahreiB?s’lluB?ABD?CLL?,suahreiB?s’lluB?rof?sesnecilrouqil?yadnuS?laiceps?&?elas-no?evisulcxe?/gnitacixotni?lluf?wen?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???6.FsuahreiBs ’lluB?ABD?CLL?,suahreiB?s’lluB?rof?sesneciLrouqiL?yadnuS?laicepS?dna?gnitacixotnI?elaS-nO?weN NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIR O3202?,61?rebotcO:ETAD?GNITEE N 45 suahreiB?s'lluB?ABD?CLL?suahreiB?s'lluB?rof?esneciL?rouqiL?gnitacixotnI?elaS-nO?weN?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouq il?lles?ot?elbigileni?gnieb?suahreiBs’lluB?ABD?CLL?,suahreiB?s’lluB?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?o RESOLUTION46Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFElton Hills Dr NW, Rochester, MN 55901.Sunday liquor licenses forBull’s Bierhaus, LLC DBA Bull’s Bierhaus,operating at130 that the City does hereby approvethenewfull intoxicating/ exclusive on-sale& special NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of Rochester WHEREAS, a background check has been successfully completed on Mr. Randy Kabes.WHEREAS, the company isowned by Mr. Randy Kabes with 100percent control; and,on-saleand special Sunday liquor license; and, ”) has submitted an application for a full intoxicating/ exclusive the companyWHEREAS(“Approving the new liquor license for Bull’s Bierhaus, LLC DBA Bull’s Bierhaus M 47?.detpodA?srebmeM?licnuoC?neveS?eht?tsgnomA?ylnevE?tegduBgniniarT?dna?levarT?licnuoC?ytiC?eht?gnitubirtsiD?noituloseR?-?gniteeM?licnuoC?:2202?,21?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsig eL?roirP secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.egarevo?eht?ezirohtua?ot?licnuoC?eht?rof?wolla?ot?detneserp?si?meti?sihT?.315,3$?fo?tegdub?levartdna?gniniart?eht?fo?noitacolla?rebmeM?l icnuoC?laudividni?eht?revo?sinneD?rebmeM?licnuoC?tup?lliw?gnigdoldna?erafria?detamitse?ehT?.diap?neeb?ydaerla?evah?seef?noitartsiger?rieht?dna?,rebmevoN?ni?timmuSytiC?)CLN(?seitiC?fo?eugaeL?lanoitaN? eht?dnetta?ot?deretsiger?era?kcirtapkriK?dna?sinneD?rebmeM?licnuoC?.059,1$?fo?latot?a?rof?,002$?rehtona?eb?dluow?slatnedicni?dna?slaemdna?,057$?sa?hcum?sa?eb?dluoc?erafria?,000,1$?tsael?ta?eb?ot?deta mitse?si?CLN?ta?sthgin?ruof?rof?gnigdoL?29.843,11$?-?latoT62.697$?-?remlaP?rebmeM?licnuoC00.515,1$?-?kcirtapkriK?rebmeM?licnuoC74.988$?-?enaeK?rebmeM?licnuoC96.239,2$?-?sinneD?rebmeM?licnuoC95.998,1$ ?-?lhaW?rebmeM?licnuoC19.023,2$?-?drofsnarB?rebmeM?licnuoC599$?-?noslraC?tnediserP?licnuoC:)3202?ni?retal?rucco?taht?stneve?rof?noitartsiger?sedulcni(?tegdub?gniniartdna?levart?eht?fo?stnuoma?gniwoll of?eht?dezilitu?evah?srebmeM?licnuoC?eht?,3202?,3?rebotcO?fo?sA?.noitca?licnuoC?lanoitidda?tuohtiw?315,3$?ot?pu?dnepsnac?rebmeM?licnuoC?hcae?dna?795,42$?si?3202?rof?tegdub?gniniart?dna?levart?licnuoC ?ytiC?ehT?.srebmeMlicnuoC?neveS?eht?tsgnomA?ylnevE?tegduB?gniniarT?dna?levarT?licnuoC?ytiC?eht?fo?noitubirtsiD?ehtgnivorppA?,22-692?.oN?noituloseR?detpodA?licnuoC?eht?,gniteem?licnuoC?ytiC?,2202?,21? rebmeceD?eht?tA:evitarraN?tropeR.noitacolla?gniniartdna?levart?315,3$?eht?naht?erom?073,1$?yletamixorppa?ezilitu?ot?sinneD?rebmeM?licnuoC?gnivorppA:detseuqeR?noitcA???7.F?tegduB?gniniarT?dna?levarT?l icnuoC?ytiC NOITCA?ROF?TSEUQER smleZ?nosilA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE F 48:stnemhcattA reyeH?rehtaeH:yB?deraperP?.tseuqer?eht?yfidom?ro?yned?dluoc?licnuoC:)s(noitcA?evitanretlA.tegdub?gniniart?dna?levart?licnuoC?ytiC?eht?gniniamer?843,9$?ylhguorsevael?hcihw?,942,51$?yl etamixorppa?ot?tneps?tnuoma?latot?eht?gnirb?dluow?sihT?.srebmem?licnuocowt?rof?009,3$?dnuora?detamitse?si?dna?tey?rof?diap?neeb?ton?sah?gnigdol?dna?erafria?tub?,diap?neebydaerla?sah?eef?noitartsiger? ehT?.timmuS?ytiC?CLN?eht?dnetta?ot?deretsiger?era?srebmem?licnuoc?owT??.3202?,3?rebotcO?fo?sa?desuneeb?sah?tegdub?gniniarT?dna?levarT?licnuoC?ytiC?)795,42$(?latot?eht?fo?)29.843,11$(?tnecrep?xis-ytro F:tcapmI?ecruoseR?&?lacsi M 49 reyeH?rehtaeH:yB?deraperP.royaM?eht?ot?etanretla?na?tnioppa?ro/dna?,etageled?tnereffid?a?tnioppA:)s(noitcA?evitanretlA.etageled?a?tnioppa?ot?tsoc?on?si?erehT:tcapmI?ecruoseR?&?lacsiF.snoitca?evi talsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.stroffe?evitalsigel?s'retsehcoR?fo?ytiC?eht?htiw?sngila?ylgnidnopserroc?ti?woh?dna?adnega?evitalsigel?s'CLNni?desrev-llew?tsom?eht?s i?dna?CLN?rof?smargorp?dna?seettimmoc?ynam?ni?setapicitrap?notroN?royaM:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.detnioppa?eb?osla?dluoc?etanretla?na?, hsiw?licnuoC?eht?dluohS??.gniteeMssenisuB?timmuS?ytiC?CLN?eht?ta?setov?s’ytiC?eht?tsac?ot?etageleD?gnitoV?eht?sa?notroN?royaM?etangisedot?dednemmocer?si?tI??.timmuS?ytiC?CLN?ehtdnetta?ot?deretsiger?y ltnerruc?era?sinneD?rebmemlicnuoC?dna?,kcirtapkriK?rebmemlicnuoC?,notroN?royaM.CLN?eht?ot?noitamrofni?taht?timbus?neht?dna?etageled?gnitov?etanretla?na?,elbacilppafi?,dna?etageled?gnitov?a?etangised? tsum?ytiC?eht?,gniteeM?ssenisuB?launnA?eht?ta?retsehcoR?fo?ytiCeht?rof?setov?tsac?ot?elbigile?eb?oT?.3202?,ht81?rebmevoN?,yadrutaS?rof?deludehcs?si?gniteeM?ssenisuBlaunnA?ehT?.3202?,81?–?61?rebmevoN? rof?deludehcs?si?timmuS?ytiC?)CLN(?seitiC?fo?eugaeL?lanoitaN?ehT:evitarraN?tropeR.timmuSytiC?seitiC?fo?eugaeL?lanoitaN?eht?rof?etageled?gnitov?retsehcoR?fo?ytiC?eht?sa?notroN?royaM?gnitnioppA:detseuq eR?noitcA???8.FtimmuSytiC?seitiC?fo?eugaeL?lanoitaN?eht?rof?etageleD NOITCA?ROF?TSEUQER smleZ?nosilA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GN ITEE A 50:stnemhcatt M 51.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcapmi?lacsif?on?sah?noitca?siht?fo?drocer?eht?gnitelpmoC:tcapmI?ecruoseR?&?lacsiF)2G?metI(?noitpodA?noituloseR?dna?gnirae H?cilbuP?licnuoC?-?gniteeM?licnuoC?:3202?,01?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.noitacaV?tnemesaE?ytilitU?siht?rof?drocer?eht?etelpmoc?lliw?noituloseR?siht?gnitpodA:tcapmI?IED?&?s noitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP?.3202?,01?yluJ?nodetpoda?saw?noituloseR?lanigiro?eht?ecnis?noitacav?eht?gnidrager?degnahc?evah?sliated? lairetam?rehto?oN??.ssecorp?gnipeek?drocer?eht?etelpmoc?dna?dedrocer?eb?ot?noitacav?eht?rof?redro?ni?noituloseReht?ot?dedda?eb?ot?sdeen?eman?s'renwo?wen?ehT?.noituloseR?devorppa?eht?ni?deifitnedi?si? renwosuoiverp?eht?ylno?,ytreporp?eht?fo?renwo?wen?eht?dna?renwo?suoiverp?eht?htob?rof?erutangis?a?sedulcnitnemesae?eht?etacav?ot?noititeP?eht?elihW?.pihsrenwo?degnahc?ytreporp?eht?,devorppa?saw?noita caveht?etad?eht?dna?,weiver?rof?tnempoleveD?ytinummoC?ot?dettimbus?saw?noititeP?eht?etad?eht?neewteB?.)evA?yawdaorB?htroN?0262(noisividbuS?rettiW?,1?kcolB?,2?toL?no?detacol?tnemesae?ytilitu?ediw?toof -5?a?fo?noitacav?eht?detseuqernoititeP?ehT?.licnuoC?yb?devorppa?dna?draeh?ylud?saw?noitacaV?tnemesaE?ytilitU?siht?,3202?,01?yluJ?nO:evitarraN?tropeR.ssecorp?noitacav?eht?etelpmoc?ot?dedrocer?ylreporp ?eb?yam?ti?os?noituloseReht?ot?,reywaS?nivraM?,renwo?ytreporp?wen?eht?fo?eman?eht?gnidda?,sgnirpS?nopraT?yb?,CAV400-3202DC?.oN?noitacaV?tnemesaE?ytilitU?rof?32-641?.oN?noituloseR?gnicalper?noituloseR ?a?gnitpodA:detseuqeR?noitcA???9.F3202?,01?yluJ?no?licnuoC?nommoC?eht?yb?devorppAylsuoiverP?-?CAV400-3202DC?.oN?noitacaV?tnemesaEytilitU?rof?noitpodA?noituloseR?tnemecalpeR NOITCA?ROF?TSEUQER rezteY?nayR:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE P 52)reywaS?nivraM?dna?sgnirpS?nopraT(?CAV400-3202DC?-?noituloseR)sgnirpS?nopraT(?CAV400-3202DC?-?tibihxE?noitacaV:stnemhcattA asoS?nosillA:yB?deraper 53 54 55 RESOLUTION56along the south line of said Lot 2, a distance of 186.39 feet to the POINT OF BEGINNING are in relationship with the Olmsted County Coordinate System NAD '83, Adjusted 1996), Minnesota; thence North 81 degrees 48 minutes 39 seconds West (NOTE: All bearings according to the plat thereof on file at the County Recorder's Office, Olmsted County, Commencing at the southeast corner of Lot 2, Block 1, WITTER SUBDIVISION, and north of the following described line:Olmsted County, Minnesota first defined on the WILMAR SUBDIVISION lying to the east SUBDIVISION, according to the plat thereof on file at the County Recorder's Office, A 5-foot utility easement over, under and across that part of Lot 2, Block 1, WITTER AREA OF EASEMENT RELEASEthat the easement described as follows is hereby vacated and abandoned: NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester legal description and as depicted by the Map attached to this resolution.WHEREAS the specific areas in which are to be vacated are provided by the following the easement; andCouncil, it appears that it is in the best interests of the members of the public to vacate interested parties, and the investigation and consideration of the matter by the Common WHEREAS on the basis of the petition filed, the testimony and evidence presented by would be heard and considered by the Common Council on July 10, 2023; andnotice that the petition had been filed, briefly stating its request, and stated that the petition publication in the official newspaper at least ten days prior to the public hearing, gave WHEREAS Rochester Community Development filed the petition in their office and, by interest”;and “no vacation shall be made unless the Common Council finds that to do so is in the public WHEREAS Section 17.00 of the City of Rochester Home Rule Charter further states that thereof, proposed to be vacated”;andthe line of the portion of the public street, alley, way, grounds or easement, or parts acting upon a petition filed by the owners of at least fifty percent of the lands which abut street, alley, way, grounds, or easement, or any part thereof, upon its own motion or by Common Council may, by resolution adopted by five affirmative votes, vacate any public WHEREAS Section 17.00 of the City of Rochester Home Rule Charter states that, “the an existing public utility easement; andWHEREAS Tarpon Springs and Marvin Sawyerrequeststhat the city vacate a portion of Sawyer,for vacation of a Utility Easement Located at 2620 Broadway Ave N.Approving Vacation Petition No. CD2023-003VAC byTarpon Springsand Marvin of said line; thence North 08 degrees 11 minutes 21 seconds East, 125.00 feet; thence 57Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF004VAC.BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-and said line there terminating.North 81degrees 48 minutes 39 seconds West, 127.40 feet to the west line of said Lot 2 M 58.stegdub?gnitarepo?latnemtraped?ytiC?no?tcapmi?evitagen?a?evah?dluow?tnemesrubmier?fokcal?,erofereht?;segrahc?eseht?rof?tegdub?ytiC?on?si?erehT?.tnemecrofne?edoc?ot?detaler?segrahc?laicepsgnitelp moc?ot?detaler?ytiC?eht?rof?msinahcem?tnemesrubmier?a?sa?snoitcnuf?ssecorp?tnemssessa?sihT:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?dna?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitc A?evitalsigeL?roirP.ytreporpdetceffa?eht?ot?noitaler?ni?detelpmoc?saw?taht?krow?eht?gnidrager?ro?seef?dessessa?eht?gnidragerdraeh?eb?yam?stnediser?taht?os?gniraeh?cilbup?a?seriuqer?segrahc?laiceps?di apnu?rof?stnediser?gnissessA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?,02?rebmevoN?no?dle h?eb?lliw?gniraeh?ehT?noitaloiV?ytreporP?-?10429307ytreporP?eruceS?-?10420307000,5$?rednu?dna?000,1$?revO?lavomeR?eerT?-?20424207000,1$?rednU?lavomeR?eerT?-?10424207lavomeR?hsibbuR?-?10423207lavomeR? wonS?-?10422207lavomeR?deeW?-?10424207?:rof?segrahc?laiceps?diapnu?fo?gnissessa?eht?rof?gniraeh?a?tes?ot?tseuqer?a?si?sihT:evitarraN?tropeR.noitaloiVytreporP?dna?,ytreporP?eruceS?,lavomeR?eerT?dna?,h sibbuR?,wonS?,deeW?rof?segrahc?laiceps?diapnufo?tnemssessa?eht?gnidrager?,3202?,02?rebmevoN?rof?gniraeh?cilbup?a?gnittes?noituloseR?a?gnitpodA:detseuqeR?noitcA???01.FnoitaloiV?ytreporP?dna?ytreporP?e ruceS?,lavomeReerT?dna?hsibbuR?,wonS?,deeW?-?segrahC?laicepSdiapnU?gnissessA?rof?gniraeH?cilbuP?a?gnitteS NOITCA?ROF?TSEUQER nosreteP?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNI TANIGIRO3202?,61?rebotcO:ETAD?GNITEE A 59 segrahC?laicepS?diapnU?gnissessA?rof?gniraeH?teS?-?noituloseR:stnemhcattA nosreteP?ylleK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl RESOLUTION60Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY __________________________________APPROVED THIS_____DAY OF_____________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFto the hearing.to the owner of each parcel described in the assessment roll not less than two weeks prior least two weeks prior to the hearing. City Clerk shall also cause mailed notice to be given hearing on the proposed assessment to be published once in the official newspaper at BE IT FURTHER RESOLVED,that the City Clerk is directed to cause a notice of the Secure Propertyand Property Violationassessmentof unpaidWeed Removal,Snow Removal,Rubbish Removal, Tree Removal, Board/Council Chambers of the Government Center for the purpose of considering the that a public hearing be established for November 20, 2023, at 7:00 p.m., in the NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester Secure Propertyand Property Violationassessment of unpaid Weed Removal, Snow Removal, Rubbish Removal, Tree Removal, WHEREAS, it is appropriate to receive public input and recommendations concerning the Set Hearing for Assessing Unpaid Special Charges for Miscellaneous Assessments M 61:stnemhcattA nosreteP?ylleK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.segrahcytilitu?diapnu?ot?detaler?ytiC?eht?rof?msinahcem?tnemesrubmier?a?sa?snoitcnu f?ssecorp?tnemssessa?sihT:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?dna?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seefdessessa?eht?gnidrager?draeh?eb?yam?stned iser?taht?os?segrahc?ytilitu?diapnu?rof?stnediser?gnissessA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seit iroirP.3202?,02?rebmevoN?no?dleh?eb?lliw?gniraeH?ehT?seitilitU?tneuqnileD?-?10425207?:retaw?mrots?dna,retaw?,rewes?,cirtcele?rof?segrahC?ytilitU?diapnu?fo?gnissessa?eht?rof?gniraeh?a?tes?ot?tseuqer?a ?si?sihT:evitarraN?tropeR.segrahc?ytilitu?diapnufo?tnemssessa?eht?gnidrager?,3202?,02?rebmevoN?rof?gniraeh?cilbup?a?gnittes?noituloseR?a?gnitpodA:detseuqeR?noitcA???11.FsegrahC?ytilitU?diapnU?rof?gni raeH?cilbuP?a?gnitteS NOITCA?ROF?TSEUQER nosreteP?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE R 62 segrahC?ytilitU?diapnU?gnissessA?rof?gniraeH?teS?-?noitulose RESOLUTION63Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY __________________________________APPROVED THIS_____DAY OF_____________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFto the hearing.to the owner of each parcel described in the assessment roll not less than two weeks prior least two weeks prior to the hearing. City Clerk shall also cause mailed notice to be given hearing on the proposed assessment to be published once in the official newspaper at BE IT FURTHER RESOLVED,that the City Clerk is directed to cause a notice of the assessmentof unpaid utility charges for electric/sewer/water/storm sewer.Board/Council Chambers of the Government Center for the purpose of considering the that a public hearing be established for November 20, 2023, at 7:00p.m., in the NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester assessment of unpaid utility charges for electric/sewer/water/storm sewer.WHEREAS, it is appropriate to receive public input and recommendations concerning the waterSet Hearing for Assessing Unpaid Utility Charges for electric/sewer/water/storm M 64:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.stegdub?gnitarepo?latnemtraped?ytiC?no?tcapmievitagen?a?evah?dluow?tnemesrubmier?fo?kcal?,erofereht?;segrahc?e seht?rof?tegdub?ytiC?on?si?erehT:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?dna?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seef?dessessaeht?gnidrager?draeh?eb?ya m?stnediser?taht?os?gniraeh?cilbup?a?seriuqer?snoitatic?evitartsinimda?diapnurof?stnediser?gnissessA?.sedoC?s'ytiC?eht?fo?noitatnemelpmi?eht?stroppus?taht?ssecorp?eht?fo?trap?silavomer?deew?rof?snoit atic?evitartsinimda?diapnu?fo?sexat?htiw?noitcelloc?rof?gniraeh?cilbup?a?gnitseuqeR:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?,0 2?rebmevoN?no?dleh?eb?lliw?gniraeh?ehT?eniF?nimdA?wonS?-?10422507?tcejorPeniF?nimdA?deeW?-?10421507?tcejorP?:rof?snoitaticevitartsinimda?diapnu?fo?sexat?htiw?noitcelloc?rof?noitacifitrec?eht?rof?gnir aeh?a?tes?ot?tseuqer?a?si?sihT:evitarraN?tropeR.lavomer?wons?dna?deew?rof?snoitatic?evitartsinimda?diapnu?fo?sexat?htiw?noitcellocrof?noitacifitrec?eht?gnidrager?,3202?,02?rebmevoN?rof?gniraeh?cilbup ?a?gnittes?noituloseR?a?gnitpodA:detseuqeR?noitcA???21.FlavomeR?wonS?dna?deeW?rof?snoitatiCevitartsinimdA?diapnU?rof?sexaT?htiw?noitcelloCrof?noitacifitreC?rof?gniraeH?cilbuP?a?gnitteS NOITCA?ROF?TSEUQER nosreteP?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE K 65 lavomeR?wonS?dna?deeWrof?snoitatiC?evitartsinimdA?diapnU?rof?sexaT?htiw?noitcelloC?rof?noitacifitreC?rof?gniraeH?teS?-?noituloseR:stnemhcattA nosreteP?ylle RESOLUTION66Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY __________________________________APPROVED THIS_____DAY OF_____________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFto the hearing.to the owner of each parcel described in the assessment roll not less than two weeks prior least two weeks prior to the hearing. City Clerk shall also cause mailed notice to be given hearing on the proposed assessment to be published once in the official newspaper at BE IT FURTHER RESOLVED,that the City Clerk is directed to cause a notice of the assessment of unpaid administrative citations for weedand snowremoval.Board/Council Chambers of the Government Center for the purpose of considering the that a public hearing be established for November 20, 2023, at 7:00p.m., in the NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester assessment of unpaid administrative citations for weedand snow removal.WHEREAS, it is appropriate to receive public input and recommendations concerning the Set Hearing for Certification for Collection with Taxes for Administrative citations. M 67?.)8102(?ecnatpeccA?ydutS?noitatropsnarT?detargetnI?,dna?,)8102(deeccuS?ot?gninnalP?,nalP?evisserpmoC?0402?retsehcoR?,)7102(?nalP?tnempoleveD?tisnarT?retsehcoR,)4102(?nalP?tnempoleveD?CMD?,)0102( ?nalP?retsaM?nwotnwoD?eht?morf?ecnadiug?dna?seicilopyb?detroppus?dna?tnetsisnoc?si?tisnarT?dipaR?kniL?retsehcoR?nwotnwoD?.noitatropsnart?cilbup?elbisseccagnitroppus?dna?gnitaerc?yb?ytinummoc?ruo?rof? ytiuqe?cimonoce-oicos?dna?laicar?gnitroppus?,tnemegagnEdna?noitcennoC?ytinummoC?fo?laoG?IED?ediwytiC?eht?sevresbo?tisnarT?dipaR?kniL?fo?noitatnemelpmi?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.gninepo?kniL?eht?rof?emit?ni?detset?dna?dereviled?eraselcihev?eht?taht?erusne?lliw?won?ssecorp?siht?gninnig eB?.6202?ni?ecivres?trats?ot?detcepxe?si?eludehcskniL?tnerruc?ehT?.won?sesub?evlewt?eht?rof?ssecorp?tnemerucorp?eht?nigeb?ew?taht?lacitirc?si?ti?,enilemitnoitcudorp?sub?dna?tnemerucorp?eht?ot?euD?.sh tnom?6-4?sekat?hcihw?sesub?cirtcele?fo?redro?egral?arof?ssecorp?tnemerucorp?eht?dna?,shtnom?42-81?fo?noitcudorp?sub?cirtcele?rof?emit?dael?eht?sedulcni?sihT.shtnom?23-42?ekat?ot?detamitse?si?emit?noi tcudorp?sub?dna?tnemerucorp?ehT?.ecivres?kniL?eht?etarepoot?deriuqer?era?taht?sesub?cirtcele?toof-06?evlewt?erucorp?ot?si?tcejorP?kniL?eht?fo?tnenopmoc?yek?A???.slaog?ytilibavil?dna?,tnempoleved?cimo noce?,noitatropsnart?tcirtsid?)CMD(?retneClacideM?noitanitseD?dna?ytiC?gnitroppus?,retsehcoR?fo?ytiC?eht?ssorca?ecivres?tneuqerf?,tsaf?edivorplliw?taht?krowten?tisnart?dipar?a?ni?stnemtsevni?dennalp? fo?seires?a?ni?tsrif?eht?si?tcejorp?ehT?.seitiC?niwTeht?edistuo?atosenniM?ni?etuor?TRB?tsrif?eht?eb?lliw?kniL?.retneC?tnemnrevoG?detsmlO-retsehcoR?ehtdna?,sesupmac?cinilC?oyaM?,retneC?civiC?oyaM?eht? ,retsehcoR?nwotnwod?tcennoc?lliw?ecivreS?.WS?tSdn2?gnola?etuor?)TRB(?tisnart?dipar?sub?elim-9.2?desoporp?a?si?tcejorP?tisnarT?dipaR?kniL?retsehcoR?ehT:evitarraN?tropeR?.7078J?.oN?tcejorP?-?enil?tisna rT?dipaR?suB?kniL?wen?eht?ecivres?ot?deriuqer?sessubcirtcele?toof-06?evlewt?rof?)PFR(?slasoporP?rof?tseuqeR?a?ot?sesnopser?fo?noitaticilos?eht?gnizirohtuA:detseuqeR?noitcA???31.F7078J?.oN?tcejorP?-?e niL?tisnarT?dipaRsuB?kniL?-?)PFR(?lasoporP?rof?tseuqeR?sesuB?cirtcelE NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtisnarT?cilbuP?retsehcoR:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD? GNITEE ?68 snilloC?ekiM:yB?deraperP.emit?siht?ta?dednemmocer?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA?.ecnatpecca?dna?yreviled?nopu?eud?si?tnemyap?lanif?dna?,tegdub?tcejorp?kniL?ehtni?dedulcni?era?eci vres?siht?rof?sesub?ehT??.7078J?.oN?)PIC?CMD(?tcejorP?tnemevorpmI?latipaC?-?retneClacideM?noitanitseD?morf?gnimoc?noillim?54.85$?yletamixorppa?fo?erahs?lacoL?a?dna?tnarg?stratS?llamSATF?na?yb?dednuf? noillim?29.48$?htiw?,noillim?73.341$?si?tegdub?tcejorP?tisnarT?dipaR?kniL?latot?ehT:tcapmI?ecruoseR?&?lacsiF?.etuor?kniL?eht?fo?noitatropsnarT?fo?tnemtrapeD?atosenniM?eht?htiw?ruoT?sub?ytiC?:3202?,41 ?rebmetpeS.devorppa?kniL?rof?secivreSgnireenignE?snoitisiuqca?dnal?dna?yaw?fo?thgir?rof?HES?htiw?tcartnoC?-?gniteeM?licnuoC?:3202?,5?enuJ.retneC?tnemnrevoG?morf?del?rodirroc?tcejorp?fo?ruot?suB?:2202 ?,62?lirpA.loohcS?yratnemelE?lartneC?edisreviR?morf?del?klaw?doohrobhgieN?:2202?,91?lirpA.hcruhC?narehtuL?lehteB?ta?dleh?esuoH?nepO?:2202?,21?lirpA?.dezirohtua?.cnI?,puorG?gnitlusnoC?FRShtiw?tcartnoc ?secivres?lanoisseforp?eht?ot?tnemdnema?tcartnoC?-?gniteeM?licnuoC?:2202?,32?yraurbeF.eludehcs?dna?ygetarts?gnidnuf,tegdub?,noitinifed?tcejorp?ot?segnahc?desiver?elbissop?deweiveR?–?noisseS?ydutS?:22 02?,7?yraurbeF.etadpU?tcejorP?lareneG?–?noisseS?ydutS?:1202?,51?rebmevoN.dezirohtuaerutcurtsarfni?tisnarT?dipaR?kniL?eht?otni?tra?fo?noisulcni?eht?rof?tcartnoC?–?gniteeM?licnuoC?:1202?,91?yluJ.devorp pa?noitacilppA?tnargstratS?llamS?)ATF(?noitartsinimdA?tisnarT?laredeF?a?fo?noissimbuS?-?gniteeM?licnuoC?:0202?,71?tsuguA.devorppA?tcejorP?tisnarT?dipaR?nwotnwoD?eht?ot?hcaorppA?desahP?–?gniteeM?licnu oC?:0202?,4?yaM.devorppa?gnitlusnoC?FRS?htiw?tcartnoC?-?gniteeM?licnuoC?:0202?,61?hcraM.devorppa?tnempoleved?tcejorprof?tnemtimmoc?laicnanif?dna?)APL(?evitanretlA?derreferP?yllacoL?-?gniteeM?licnuoC? :9102?,81?rebmevoN.weiver?latnemnorivne?dna?gnireenigne?ot?tnemtimmoclaicnanif/evA?yawdaorB?no?tisnart?dipar?gnitroppus?noituloseR?-?gniteeM?licnuoC?:9102?,12?rebotcO.tpecnoC?noitatnemelpmI?dna?snoit acoL?egalliV?tisnarT?-?gniteeM?licnuoC?:9102?,4?hcraM.lavorppA?tpecnoC?noitatnemelpmI?dna?snoitacoL?egalliV?tisnarT?-?CCMD?:9102?,5?yraurbeF:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sedom?noi tatropsnart?evitanretla?eseht?no?srebmem?ytinummoc?etacude?taht?seigetartsnoitacinummoC?.noitatropsnart?fo?sedom?evitanretla?fo?tnemhsilbatsE?.ycneiciffe?dna?ssecca?mumixamwolla?ot?eerf?eraf?eb?ot?de nnalp?yltnerruc?si?kniL?ehT?.ylefas?ytinummoc?ruo?dnuora?evom?sdlohesuohtnedneped?tisnart?gnipleh?yb?ytiuqe?cimonoce-laicos?dna?ytilibissecca?desaercnI?.slaog?tfihs?edomnoitatropsnart?dna?noitcuder?s ag?esuohneerg?s’ytiC?eht?troppuS?.slaog?noitatropsnart?fo?noisulcni?dnanoitacifitnedi?eht?hguorht?secivres?tisnart?fo?noisnapxE??:swollof?sa?era?snoitaredisnoc?ycilop?yek?cificepS A 69 xirtaM?ecnailpmoC?rodneV?tnemerucorP?PFR?suB?tisnarT?dipaR?kniL?-?tibihxExirtaM?ecnailpmoC?ytefaS?&?tnempiuqE?tnemerucorP?PFR?suB?tisnarT?dipaR?kniL?-?tibihxExirtaM?ecnailpmoC?ytnarraW?&?tnempiu qE?tnemerucorP?PFR?suB?tisnarT?dipaR?kniL?-?tibihxEsnoitacificepS?lacinhceT?tnemerucorP?suB?tisnarT?dipaR?kniL?-?tibihxEtnemerucorP?suB?tisnarT?dipaR?kniL?-?)PFR(?slasoporP?rof?tseuqeR:stnemhcatt rochestermn.govmcollins@email: 2485-( 55906Rochester, MN 4300 E. River Road NE TransitRochester Public 4, 202XXXPROPOSALS DUE BY 5:00PM CENTRAL TIME ON , 2023October 17 Electric Transit Buses Rochester Public Transit Invites Proposals For Request for Proposal 71 r. shall be borne by the erest to do so. All expenses incurred in response to this notice int in itscause upon a finding that it is the right to accept or reject any or all proposals, or waive any minor informalities for good reserves RPTthe to complete the work contemplated in this notice and RPT This request does not obligate ty, or age. without regard to race, color, creed, religion, national origin, gender, marital status, disabilibusiness enterprises, and affirmatively assures that equal opportunity will be offered to all persons encourages the participation of small and disadvantaged ransitTThe City of Rochester, MN Public . Proposals must be received no later than packages will be mailed or emailed to all interested parties. . Proposal s@rochestermn.gov or2485 -328-507; River Road NE, Rochester, MN4300 E. Transit, Procurement Manager, Rochester Public be obtained by calling, emailing or writing Background information, description of the project scope of work and submission requirements may .begin in 2026 for use on the City’s LINK BRT service scheduled to Buses Transit Electric foot Battery-60delivery of and manufacture Proposals for the sealedis requesting Public Transit City of Rochester, MinnesotaThe Request for Proposals 2 72 Technical Specifications, Attachment A Pricing Worksheet Chart B 88 Request for Approved Deviation Form 87 Request for Clarification or Approved Equal Form Section 9 86-72 Required Certificates 71 osal SheetsProp Section 8 70 Conditions, Exceptions, Reservations or Understandings 69 Maintenance History 69 Vehicle Information Section 7 66 Proposal Evaluation Criteria 63 Evaluation Procedures 63 ptional EquipmentCost Proposal, O 63 Proposer’s Statement of Qualifications 63 Submittal Requirements, Evaluation Section 6 60 Liquidated Damages 60 Consumable Spare Parts 60 Optional Spare Parts Purchase 55 ce Manuals, TrainingDiagnostic Equipment, Maintenan 55 Parts Availability Guarantee 54 Battery Warranty Provisions 54 Fleet Defects 48 Warranty Provisions 47 Acceptance Tests 46 Delivery 45 Contractor Inspections 44 Resident Inspections 43 Price Escalation/Economic Price Adjustment 42 Special Specifications Section 5 33 Contract (example for Proposal purposes) Section 4 17 Transit Administration Contract ClausesFederal Section 3 16 Significant Dates of Procurement 15 Conditions, Exceptions, Reservations or Understandings 15 award and Post Delivery Buy America-Pre 14 Acceptance/Rejection of Proposal 13 tion RequirementsQualifica 9 Proposal Format Requirements 5 General Conditions Section 2 4 Introduction Section 1 Page 3 73 regulations at the date of delivery, as applicable, for all purchases under this Contract. the date of delivery, as applicable. Contractor will comply with current FTA Buy America rules and , or ct at the date of manufacture ”)FMCSR Federal Motor Carrier Safety Regulations (“applicable and shall accommodate all tandards (“FMVSS”)Safety SVotor Mmeet all applicable Fshall busestor shall comply with all applicable Federal, State and Local regulations. The The Contrac. 5 contingent upon receipt of adequate funding.are RPT. Any obligations of the City of Rochester, and other potential stakeholders, (“MN DOT”)the Minnesota Department of Transportation /or and the Federal Transit Administration (“FTA”) and RPTP is subject in part to a financial assistance contract between FAny Contract resulting from this R. 4 equipment. battery electric buses and associated foot -up to twP for the production and delivery of FR isto submit proposals in response to th that can meet those objectives invites qualified firms3 time information in an aesthetically pleasing setting. -nsure customer comfort and offer constant realbranded BRT stops will also incorporate amenities to eWest Transit Village. Link at the Downtown Waterfront Southeast, and a new park and ride facilityto the Mayo Clinic Center, Mayo Clinic campuses, Olmsted Government Center-the Rochesterconnect will that Street SW nd mile BRT Route along 2-2. The Link Rapid Transit Project is a proposed 2.8 . visitorsfor residents and to enrich the quality of life inclusiveness, equity and environmental stewardship of’s values City of Rochesterhe represent tll provide a safe reliable service to the riders, but they winot only s will foot articulated battery electric buse-se 60heTelements that go beyond a typical bus. amenities and futuristic design innovativewith busestapid one of a kind rassemble and deliver qualified Contractors to design, for residents and visitors. RPT is seekingservice rapid transit (“BRT”)bus high frequency launching premium, is RPTBeginning in early 2026, service seven days a week. regular route and paratransit with put customer service firstthat ransit services with safe t communityprovides an essential service to those who live and work the ”) RPT(“ Rochester Public Transit1. 4 74 testing standards.year bus -twelveFTA described in the technical specifications and in compliance with the bus designed to operate in a rugged environment with heavy duty parts and materials as transit uty deavy h emission battery electric-low ashall mean or RTVs ”uses Bus” or “b” )c as detailed in these specifications. associated equipmentand sthe busesupplier of aas RPT Contract award from asubsequently receiving or firms firm e responsiblector shall mean thManufacturer, Proposer, Offeror, Vendor or Contra b) . Rochester Public Transitor Operator shall mean gency, ARPT a) meaning of them shall be interpreted as follows: Whenever the following terms are used in these proposal specifications, the intent and .2 RPT City Council.Award of this Contract is subject to the approval of the l) ., 20.539, Low or No Emissions”Facilities Formula ProgramBus Bus and 20.529, “ ”,Grants Capital InvestmentFederal Transit “, 0020.5 ,limited toinclude, but may not be Listings Federal Assistance potential; the Contractfor this 5307 cost participation, FTA Section Administration is or will be providingFederal Transit The )k be interpreted as interchangeable.can ”work“, and ”materials“, ”equipment“Throughout these specifications the words )j .as early as (s)Pintends to award the contract to the responsible RPT )i information. electronic for XXXXXat Michael Collins contact the Procurement Manager Pleaseperson attendance. -inand electronic participation RPT allowsbut strongly encouraged. Attendance is not mandatory, 06. 9554300 E River Road NE, Rochester, MN office, RPT at on will hold a RPT )h orrect inaccurate awards.reserves the right to c RPT g) to do so. RPTany time it deems it to be in the best interest of the reserves the right to cancel, amend, modify or otherwise change this RFP at RPTThe f) .or hard copy to Rochester Public Transitvia email to XXXXX fficesoRPT p.m. on Proposals are due at )e . whichever is later, (180) days from the due date of the Proposal or Best and Final Offer (“BAFO”)Any price offerings from Proposer must be valid for a period of one hundred and eighty d) prior to the date of award. on any matter related to this Proposal, and/or other expenses incurred by the Proposer RPTpreparing or submitting a Proposal in response to this request, negotiating with the precontractual expenses, including expenses for Proposer is responsible for allThe )c amount. rticular quantities and in no way represent a commitment or intent to purchase any paAny quantities set forth in this RFP are estimated part of the Contract Documents. requirements and conditions set forth herein, which shall be considered an essential under the vehiclesProposals shall be on the proposed rates and costs for the b) vehicles to serve RPT’s Link goals. foot battery electric rapid transit -60procurement of Proposals are requested for a) .1 5 75-bid-works/rfps-https://www.rochestermn.gov/government/departments/public RFP. All recipients of this RFP should monitor the Rochester Public Works website at The City shall not be held responsible to notify prospective Contractors of changes to this a. 5. . on the RPT website, XXXX on XXXposted in the form of an addendum The replies to request under paragraph c) above will be d) in writing. ed via email (preferred) or US Mail unless otherwise approved by RPT requests must be submittAll specified, it will be understood that the Proposer is offering the article exactly as specified. If the Proposer does not indicate that the article offered is other than as maintenance costs. increase in cost, time or ongoing better than that required by this RFP, without substantial evidencing that the exception will result in a condition equal to or other pertinent information request for an approved equal must be fully supported with technical data, test results, or . Any must be received by the Procurement Manager in writing no later thanRequests for approved equals, clarifications of specifications, and protest of specifications c) addendum to these specifications. All discussions and questions and answers will be recorded in anprior to Proposal opening. required by paragraph c) below. Where prior approval is called or in the specifications it means documented request however, does not relieve them from the written,specifications. This, Prime contractors and /or subcontractors may make appointments to discuss these b) equipment, articles, materials or process and its decision shall be final. o the comparative quality and suitability of alternative shall be the sole judge as tRPT is equal to that designated. RPTprocess, in the judgment of making the determination as to whether the proposed equipment, material or article or in RPTst results, technical data and background information required by its own expense, all teis equal to that designated. To do so, a Proposer shall furnish, at RPTwhich, in the judgment of A Proposer may, at its option, use any equipment, material, article, or process, .requirementscordance with the warranty and Contract responsibility to furnish the end product in acand/or equal equipment in these specifications shall not relieve the Proposer from its It is understood that specifying a brand name or specific types of components substitute.” unless limited by the term “no of quality, and shall not be construed as limiting competition process by trade name, make, or catalog number shall be regarded as establishing a standard eference to any equipment, material, article or patented Rby the words "or equal". followedWhere proprietary names are used in these specifications, it is understood that they are a) .4 6.90MN 55Rochester, 4300 E. River Road NE, attention Procurement Manager, to Rochester Public Transit, or regular mail mcollins@rocestermn.govto Michael Collins, Manager and addressed via emailP shall be with the Procurement FAll inquiries and other correspondence relating to this R .3 6 76 . ntained in the specificationsnot coshall not stipulate any condition and other documents submitted by the Proposer Proposals b. inconsistency. govern in the event of an written and numerical form, the written representation shall in both proposer. In the event any price term is expressed by the Proposalperson signing the correction adjacent thereto with ink or typewriter and initialing the correction in ink by the g the rejected unless the alteration or erasure is corrected by crossing out the error, insertincontaining alterations or erasures may be Proposals. tenbe completed with ink or typewritform must Proposalbe submitted on the forms attached. All blanks in the must Proposals a. .8 .RPT Proposer with the lowest price proposal, if doing so would not be in the best interest ofn to award to the Proposer with the highest technical ranking nor make a recommendatioThe Evaluation Committee may not necessarily make a recommendation to award to the ultimate economy of the award as stipulated in the Technical Specifications. determined to affect the and such other factors as may be reasonably RPTthe best interests of to consider the ultimate economy of the Proposal within the guidelines of these specifications, reserves the right, in the determination of the most responsive and responsible Proposer, RPT .7 .submitted electronically, no hard copies are requiredThe entire Proposal should be )c Specification. RPT s in their proposal and theany deviationspecifications and list in order by Section number RPT technicalProposers shall also review )b omissions may be considered as a failure to comply. The Proposal package will contain all of the information herein requested for review. Any a) .6 Proposers. are binding on RPTnded by written Addendum issued by specifications or provisions of this RFP, or as may be amespecifications, or provisions contained in the Contract Documents. All terms, conditions, will constitute a Proposer’s acknowledgement and acceptance of all terms, conditions, during negotiations any requested deviation RPT with this Section, or a “denial” response from equest form in accordance Rrejection of the Proposal. Failure to properly submit a Deviation Failure to submit the request for approved equals or approved deviations may result in )c . RPT website XXXXposted in the form of an addendum on the to requests for deviation will be anager via email or regular mail. Reponses MProcurement RPT to the XXXX no later thanrequirement. Deviations must be submitted offered is equal to or better than the specificationpertinent information as evidence that the substitute technical data, test results, or other the attached form and fully supported with on email via Deviations must be submittedin advance of the RFP due date. RPTRequests for deviation will be considered by )b . d hereinproposals must include acknowledgement of addendums as provideto this RFP will be posted. All or addenda where any changes proposals-for-projects/requests 7 77 Cost Proposal Electric BusAssociates Cost Proposal”; example: Electric Bus“(Company Name)_ –Cost proposal o Technical Proposal Electric Bus, Associates Technical Proposal”; example: “Electric Bus “(Company Name) –Technical proposal o Files should be named using the following format: • the same email.he technical proposal and cost proposal as separate .PDFs. Documents may be submitted in Submit t • be reviewed regardless of content.identified in the table below. If a document exceeds the page limits, the excess pages may not The Proposer’s submittal must adhere to the page limitations and formatting requirements • submitted as .PDF documents.Proposals must be • Proposals should adhere to the following format requirements: PROPOSAL FORMAT: . 11 proposal. Price should only be mentioned in the Cost Proposal document of their proposal. in the Technical Proposal document of their Furthermore, Proposers should not mention price files. .pdfProposers must submit each proposal document as separate Please note: implementation schedule with phases in proposal document.r page limitations and proposal requirements. Proposals must detail Format section foresponsive. See the Proposal -submitted in the order listed. Failure to do so may be considered nonThe following elements will be considered the minimum contents of a proposal and must be .10 . Proposalsprior to the time for the opening of y RPTreceived b nda ”PROPOSALmarked "WITHDRAWAL OF Proposaladdressed to the written notice Proposalsat any time before the time set for the opening of the Proposal itsmay withdraw PA .9 Form. Proposalin a securely sealed envelope marked as indicated on the . Modifications shall be submitted Proposalnot, and must indicate that it modifies the original t is iwhy as to or accompanied by an explanation Proposalsigned by the person submitting the . Modifications must be Proposalsprior to the time set for the opening of y RPTreceived bmay be modified after submission except by written modification physically ProposalNo e. submitting proposals to confirm receiptIt is strongly recommended that proposers follow up with the City point of contact after SCZCKR3https://rochestermn.e gnyte.com/ul/VGA All proposals must be submitted electronically, via the following link: d. Minnesota. Proposals received after such time will not be considered. Rochester, Time means local time in specified time and date will not be considered. received beforehand will not be reviewed until after the deadline. Proposals received after the , 2023. Proposals XXXXProposals must be submitted no later than 5:00pm central time on c. 8 78 solicitation or award of a Contract pursuant to this RFP may protest in the manner specified herein Any actual or prospective Contractor or individual who is aggrieved in connection with the APPEALS and REMEDIES: .41 .form the services as herein required, or to percomplete and ready for service or useomission of any part or detail which goes to make the equipment in the by the Proposer although not directly specified or called for in these specifications. No advantage shall be takenspecifications posalProshall be considered included in the Cthe performance of the pecifications which are clearly necessary forS se prescribed herein. Any items omitted from theof the type e and require complete equipment and/or servicesse specifications to providthepursuant to these specifications. It is the intention of delivery of the equipment or servicesalterations, tools, equipment and other costs necessary to fully complete the productisubmitted shall include all items of services, labor, material, ProposalThe price quoted in any .31 binding. shall be of the City of Rochester, MN Mayororders, amendments or addenda, signed by the n change approval prior to submission of the Proposal. Only writtefor its RPT submitted toAny proposed change in this Contract shall be P.A sample Contract is included in this RF ontract. Cthe formal shall sign RPTontract from C) days after the award of the 30( hirtyroposer, within tPThe chosen .21 options per the specifications. Cost proposal should include costs for design • no smaller than 11 point font • than .5” margins, no smaller May use up to 11”x17” page size • .PDF Format • 10 pages as part of the required documentation section.completed and summitted with the technical proposal The Vendor Compliance Matrixes must be •against page limitCompliance Matrix do not count forms, and Vendor Cover page, checklist, cover letter, required • point font-no smaller than 11 • margins. Project Schedule may use 11”x17”.8.5”x11” page layout, no smaller than .5” • Do not discuss cost in technical proposal • .PDF Format •pages100 9 79 with other persons or entities, a Contractor is unable, or potentially unable to render impartial conflict of interest means that because of other activities or relationships al. An organizationa.51 Third Party Contracting Guidance C4220.1F for FTA Protest Procedures.FTA grant. Please refer to FA Transit Administration (“FTA”) the award of a contract pursuant to an party may protest to the Federal protest remedies made available at the City level, an interestedUnder certain limited circumstances, and after the protester has exhausted all administrative the City level. tive protest remedy and is the final decision at meeting. This action completes the administra Manager’s decision. The City Administrator shall respond after the first available City Council may appeal to the City Administrator and Common Council within five days of the Project to do so, the Contractor such protests within seven days after receipt. If the Contractor wishes should have known the facts giving rise to such protest. The Project Manager will respond to Any such protest must be submitted within five days after such aggrieved person knows or mail or email. after the Submission Date must be submitted to the RFP Moderator in writing via Contractor Protests regarding the City’s process and selectin SUBMISSION DATE:PROTESTS AFTER t the City level. decision on all such matters aforegoing process is the only protest remedy available prior to Submission Date and is the final The Responses will be generated and provided within seven days of receipt of the written protest. .prior to the Submission DateThe Moderator is authorized to settle any protest regarding the RFP and procedures must be submitted to the RFP Moderator in writing prior to the Submission Date. n criteria ond City selecti, aregarding any aspect of the RFP document, attached materialsProtests SUBMISSION DATEPROTESTS BEFORE action that is the subject of the Protest. -information of the protester. Protests should be specific and particular conduct, action or noninclude the name and contact to receive a response and All submissions must be in writing and mcollins@rochestermn.gov Rochester, MN 55904 4300 East River Road NE City of Rochester, Minnesota Transit Project Manager, Rochester Public Transit Michael Collins the Project Manager for the RFP process:All contacts regarding protests of or relating to this RFP should be addressed in wiring directly to PROTESTS: are available.d no other protest procedures in this RFP. All other means or methods of protest are waived an 10 80 ernment, and their designated agents as shall be reasonable , the Federal GovRPTassistance to work is being performed under the Contract at all reasonable times. Contractor shall provide such and the Federal Government shall have the right but not the obligation to enter all areas where RPT .71 the vehicle(s).promulgated and become effective between the date of Award for this Contract and the delivery date of shall be liable for any such federal, state or local taxes applicable to the complete bus as delivered that are RPT Minnesota State sales tax and transportation tax, is exempt from payment of the Federal excise RPT.61 ination of this contract.term a Contractor’s failure to disclose a conflict of interest as required shall be a basis for default . The Contractor’s misrepresentation of facts in connection with a conflict of interest reported or f ,” which is also incorporated by reference herein.)May 2014“Disputes Clause (1, -’s Director of Finance under this clause shall be reviewable under FAR Clause 52.233 RPTDirector of Finance has the discretion to terminate the contract for default. No determination by ’s RPTperiod of contract performance, strictly adhere to such agreement during the remainingagreement on a course of action, or if having reached such agreement the Contractor fails to designed to avoid, neutralize, or mitigate the conflict of interest. If the parties fail to reach ontractor will direct a course of action to the C Project Manager’s RPTavoid or mitigate the conflict, apparent or potential conflict of interest remains, or the measures proposed are insufficient to , in his/her discretion, determines that the Contractor’s actual, geraProject Man’s RPT. If e . geraProject Man’s RPTdetermination by the review of the proposed mitigation plan is necessary to ensure a timely review and final st. Corporate counsel st learns of an actual, apparent, or potential conflict of intereContractor firy arises when the for review and consideration. This responsibilitProject Manager ’s RPThas the responsibility of formulating and forwarding a proposed mitigation plan orCThe . d in analyzing the situation. Project Manager’s RPTbe helpful to the flict, and shall set forth any other information which the Contractor believes would mitigate any conpotential conflict of interest, the action(s) the Contractor has taken or proposes to take to avoid or . The Contractor’s notice called for in paragraph 2 above shall describe the actual, apparent or c .mcollins@rochesteremn.govvia email to Project Manger’s RPTarise after award, the Contractor shall give written notice to the e been known prior to award, or if any additional conflicts or potential conflicts reasonably havdiscovers a conflict of interest with respect to this contract or task order which could not If, after award of this contract or task order, the Contractor ”.subject matter, “Conflict of Interest with the mcollins@rochestermn.go vvia an email to Project Manager’s RPTinformation to the and providing up to date conflict of interest ing. The Contractor is responsible for maintainb .RPTinterest, financial or otherwise, in past, present or planned impaired or may otherwise result in a biased work product because of anysubcontractors) to give impartial, technically sound advice or objective assistance is or may be the Contractor’s executives, directors, consultants, subsidiaries, parent companies or a Contractor (including ations where the capacity ofOrganizational conflict of interest includes situor might be otherwise impaired, or the Contractor has an unfair competitive advantage. ontract work is, C the Contractor’s objectivity in performing the , orRPTassistance or advice to the 11 81 participation goal. has on file with the FTA an approved or not disapproved DBE subcontracting ) that it D(Certificate solicitation, must certify by completing the Transit Vehicle Manufacturer’s (TVM) Certification Pursuant to Title 49 C.F.R. Part 26.49, a Proposer, as a condition of being authorized to respond to this .12 Minnesota Government Data Practices Act.reserves the right to release information in compliance with the RPTNotwithstanding the above, financial information must be clearly identified as such.tial commercial and confidentiality. The specific proprietary information, trade secrets or confideninformation, trade secrets or confidential commercial and financial information will not ensure identification by designating whole pages or sections as containing proprietary type - materials. ewill not consider prices submitted by the Proposer to be proprietary or trad RPTd. including responses to RFP for a minimum of six years, and longer for vehicles in service. lated to its contracts, is required to keep all the basic documents re RPT. RPTare in possession of sRFP, the Proposer agrees that this indemnification survives as long as the trade secret material’s award of a Contract. In submitting a Proposal in response to this RPTsurvives indemnificationparty requesting the materials, and any and all costs connected with that defense. This in favor of the RPTfrom any judgments or damages awarded against RPT and hold harmless of the materials it believes to be trade secret, and indemnify c. Defend any action seeking release b. Include a statement with its Proposal justifying the trade secret designation for each item; and a. Clearly mark all trade secret materials in its Proposal at the time the Proposal is submitted; defined by the Minnesota Data Practices Act, Minnesota Statutes §13.37, the Proposer must:If a Proposer submits information in response to this RFP that it believes to be trade secret materials as 20. negotiating the contract with the selected Contractor. as completed RPT hPursuant to the Statute, completion of the evaluation process occurs when in accordance with Minnesota Statutes §13.591 after the evaluation process is completed. cord erme public and will beco RPTAll materials submitted in response to this RFP will become the property of .91 . buses and associated equipmentr battery electric transit Americans with Disabilities Act, as may be amended from time to time, fothe All buses and components procured under this Contract shall comply with all applicable provisions of .81 inspection firm for this procurement. assemblyto contract with a bus sintend RPTno manner or form whatsoever relieve the Contractor of its obligations under the Contract. required to conduct such inspections. Such inspections or the failure to make such inspections shall in 12 82 the authority to execute the parent company guaranty.signed by an officer of the parent company having Willingness of any parent company to provide the required financial guaranty .ii or the Proposer. RPTountant authorized to practice in the jurisdiction of either accAccepted Accounting Principles (GAAP) and audited by an independent certified public prepared in accordance with United States Generally .i complete the Contract in a satisfactory manner as measured by:be performed and Sufficient financial strength and resources and capability to finance the work to requirements are as follows:these requirements, may be determined not to be responsible and its Proposal rejected. The meet these requirements, and cannot be made to meet the Evaluation Committee finds not to must be met; therefore, they are not listed by any particular order of importance. Proposers that s. All of these requirements ProposerThe following are the requirements for qualifying responsible . a .24 supplies, overhead, etc.) and documentation supporting all cost elements.cost summaries of estimated costs (i.e. labor, equipment, must be prepared to provide, upon request, mines a cost analysis is required, the Proposer Procurement Manager deter RPTreasonable. If the evaluation, and/or audit of the cost may be performed in order to determine if the price is fair and rice analysis and por analysis detailed cost/price analysis may be requested of the Proposer. A cost , a to be acceptable RPTand it is found by If only one Proposal is received in response to this RFP .32 ontract. Cterms or conditions of this ontract, may be forfeited for a second or any subsequent violation of the Cto become due under the , or any other person authorized to grant the contracts for employment, and all money due, or Rochester Public city, or ontract may be canceled or terminated by the state, county,C) that this d( ) that a violation of this section is a misdemeanor; andc( work under any contract on account of race, creed, or color;ire to prevent, the person or persons from the performance of or on being hired, prevent, or conspintimidate, or prevent the employment of any person or persons identified in clause (1) of this section, ) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or b( ment relates;aliens who are qualified and available to perform the work to which the employcolor, discriminate against the person or persons who are citizens of the United States or resident contractor, material supplier, or vendor, shall, by reason of race, creed, or or any subcontract, no ) that, in the hiring of common or skilled labor for the performance of any work under any contract, a( following:The Contractor hereby agrees and shall cause this provision to be inserted in every subcontract the ACT”PROHIBITED IN CONTR In accordance with Minnesota §181.59, “DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR .22 13 83 e of the Federal public transportation program.in support of the purpos CommitteeEvaluation RPTproposed product, past performance, and other items deemed required by the requirements. Evaluation factors include technical design, length of delivery schedules, quality of fit in response to its material ’s estimation, provides the greatest overall bene RPTacquisition that, in alue” also means the expected outcome of an vest b believes offers the best value. The term “ RPTroposal and the one that P m” is the difference between the price of the lowest priced ’s needs, even if it means paying a premium price. A RPTmay acquire the product that best meets RPTby evaluating and comparing factors in addition to cost and price such that RPTbest interests of Proposalreserves the right to select the RPTalue competitive procurement. vest bThis is a . a25. .Proposalat the time of The above information must be submitted 655. CFR Altoona testing facility in accordance with 49report from the Evidence of complying with all applicable Federal regulations including the submission of a test .d client references provided by the Proposer for vehicles delivered within the past two (2) years.claims. Evidence shall be by resolve any judgments, liens, fleet defects history, and warranty meeting specifications and warranty provisions, parts availability, and steps Proposer took to Evidence of satisfactory performance and integrity on contracts in making deliveries on time, .c site work.-sufficient to perform all warranty and onwithout delays and a service organization with skills, experience, and equipment procurement and distribution system sufficient to support equipment maintenance parts spareand includes a , n this RFPrequested imaximum number of vehicles the estimated test -Adequate manufacturing facilities sufficient to produce and factory .ii during the warranty period.Contract as required and satisfy any engineering or service problems that may arise complete the requisite disciplines, licenses, skills, experience, and equipment to Engineering, management and service organizations with sufficient personnel and .i include:specified and assure delivery of all equipment within the time specified in the Contract, to Evidence that the human and physical resources are sufficient to perform the Contract as .b insurance in full force and effect throughout the term of the Contract.encing work under the Contract. The selected Proposer(s) must maintain such commexecution of the Contract and prior to prior to theProcurement Manger RPTeach type of insurance coverage required herein. The certificate must be filed with the The selected Proposer(s) must provide a certificate of insurance showing that they have .iv such requirements and waived any request for exception.to the insurance requirements herein, or the Proposer will be deemed to have accepted A Responder’s Proposal must clearly note any exceptions desired the required amount.Proposer is insured for confirming that the Ability to obtain insurance with coverage values as stated in these specifications, .iii 14 84 to the requirements of the RFP. Any and all Deviations must be explicitly, fully and separately stated in they may be determined to be so fundamental as to cause rejection of the Proposal for not responding RFP, as Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this.72 regulations.acturer's certified statement that the buses will not be subject to FMVSS manuf 2.) with relevant FMVSS or certification sticker information that the vehicle complies -manufacturer's FMVSS self 1.) :Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit iii. of meeting the bid specifications. idence that it will be capable Solicitation Specification Requirements: Contractor shall submit ev ii. assembly. the activities that will take place at the final assembly point and the cost of final The location of the final assembly point for the rolling stock, including a description of 2.) manufacturer of the parts, their country of origin and costs; and Component and subcomponent parts of the rolling stock to be purchased identified by 1.) Buy America, it shall submit documentation listing: Buy America. If contractor certifies compliance with either compliance or noncompliance with Buy America Requirements: Contractor shall complete and submit a declaration certifying i. certifications: responsive. Proposers shall submit the following -America certification may be deemed nonor an incomplete Buy applicable federal and state regulations. Proposers who submit incorrect implementing regulation 49 CFR 661 and 49 CFR 663 as may be amended from time to time, and all This Contract is subject to the “Buy America” requirements of 49 USC 5323(j) and FTA's a. .26 o correct inaccurate awards.reserves the right t RPT . f returned. and will not be RPTProposals are not opened in public and all submittals become the property of . e Exceptions, Reservations or Understandings”. at includes unacceptable deviations as provided in “Conditions, may reject a Proposal th RPT . d .RPTsolicitations undertaken by be rejected and such evidence may be a cause for disqualification of the participants in any future maycompetitive practices, the Proposals of all such Proposers -otherwise engaged in anticompetition or If there is any evidence indicating that one or more Proposers are in collusion to restrict . c Proposers.or irregularities in any proposal which do not materially affect the proposal or prejudice other ny defects, or minor informalities reserves the right to waive a RPTother evaluation criteria considered. , price and RPTin the best interests of Proposal or modified Proposal which, in its judgment, will be the right to undertake discussions with one or more Proposers, and to accept that s RPT . b 15 85 Award Proposal Opening Response to Clarifications Request for Clarifications Date of Release TIME DATE ITEM Deviation.procedures and may result in the Proposer receiving a less favorable evaluation than without the a and . All Deviations shall be evaluated in accordance with the appropriate evaluation criteriRPTspecific reasons for each Deviation so that it can be fully considered and, if appropriate, evaluated by orm for Proposal Deviation, setting forth at a minimum the f attached the Proposal by completing the 16 86 language in required, recipients can draw on the following language for inclusion in their federally funded ents are provided in 49 C.F.R. § 665.11. Although no specific certification and bus testing reporting requiremrecipient, but in all cases before final acceptance of the first bus by the recipient. The complete bus testing applicable partial testing report(s) to the recipient during the point in the procurement process specified by the rt and any component or configuration is required to provide a copy of the corresponding full bus testing repobus for testing. The manufacturer or dealer of a new bus model or a bus produced with a major change in resulting test report to the entity that submits the The operator of the bus testing facility is required to provide the Language Clause There is no flow down requirement for Bus Testing. Flow Down FTA funding for bus procurements.th FTA’s bus testing requirements in all grant applications for part 665. Recipients must certify compliance wialready satisfied the bus testing requirements by achieving a passing test score in accordance with 49 C.F.R. sponsible for determining whether a vehicle to be acquired requires full or partial testing or has Recipients are rewith a major change in configuration or components to be acquired or leased with funds obligated by FTA. The Bus Testing requirements pertain only to the purchase or lease of any new bus model, or any bus model Applicability to Contracts 49 U.S.C. 5318(E), 49 CFR Part 665 A.3 BUS TESTING Does not apply to this procurement 2 CFR §200.325, 31 CFR Part 223 A.2 BONDING REQUIREMENTS sites of performance under this Contract as reasonably may be required. ors access to the The Contractor agrees to permit FTA and its contract Access to the Sites of Performance.d. and audit records and information related to performance of this contract as reasonably may be required.sufficient access to FTA and its contractors to inspect The Contractor agrees to provide Access to Records.c. thereto. which case records shall be maintained until the disposition of all such litigation claims or exceptions related or settlement of claims arising from the performance of this Contract, in Contract, except in the event of litigation this Contract for a period of not less than three (3) years after the date of termination or expiration of this . § 200.333. The Contractor shall maintain all books, records, accounts and reports required under with 2 C.F.RThe Contractor agrees to comply with the record retention requirements in accordance Retention Period. b. agreements of any type, and supporting materials related to those records.ents, leases, subcontracts, arrangements, other third party agreem-data, documents, reports, statistics, subcomplete and readily accessible records related in whole or in part to the contract; including, but not limited to, The Contractor will retain, and will requires its subcontractors of all tiers to retain, Records Retention.a. Clause Language tier and subrecipients and their subcontracts at every tier.s and their contracts at every party contractor-The record keeping and access requirements extend to all third Flow Down tier and subrecipients and subcontract at every tier. party contractors and their contracts at every -The record keeping and access requirements extend to all third Applicability to Contracts 49 U.S.C. § 5325(g) A.1 ACCESS TO RECORDS Contract Clauses FEDERAL TRANSIT ADMINISTRATION 3Section 17 87 Applicability to Contracts 46 C.F.R. Part 381 §55.0546 U.S.C. A.5 CARGO PREFERENCE REQUIREMENTS Title: _____________________________________________________________________ Name: ____________________________________________________________________ ____________________________________________ Company: _____________________ Signature: ___________________________________ ______________________________ Date: _____________________________________________________________________ regulations in 49 C.F.R. § 661.7. (2), as amended, and the applicable qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may Compliance with Buy America Requirements -Certificate of Non ___ Title: __________________________________________________________________ Name: ___________________________________________________ _________________ Company: _________________________________________________________________ _____________________________ Signature: ____________________________________ Date: ____________________ _________________________________________________ applicable regulations in 49 C.F.R. part 661. certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the The bidder or offeror hereby Certificate of Compliance with Buy America Requirements the certifications below. In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use rejected as nonresponsive. n will be with its bid or offer. Bids or offers that are not accompanied by a completed Buy America certificatiothe appropriate Buy America certification below Rochester Public TransitThe Bidder or Offeror must submit to .S.C. 5323(j)(2)(C) and 49 C.F.R. §661.11.out at 49 Ugeneral waiver. General waivers are listed in 49 C.F.R. §661.7. Separate requirements for rolling stock are set produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a FTA funded projects are funds may not be obligated unless all steel, iron and manufactured products used in The Contractor agrees to comply with 49 U.S.C. 5323 (j) and 49 C.F.R. Part 661, which provide that Federal Buy America Clause Language contractors are in compliance.responsible for ensuring that lower tier contractors and subThe Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are Flow Down regulation at: The Federal Transit Administration’s Buy America website. on FTA’s Buy America project. FTA cautions that its Buy America regulations are complex. Recipients can obtain detailed information iron, steel, manufactured goods, or rolling stock to be delivered to the recipient to be used in an FTA assisted $150,000 of FTA’s Buy America law and regulations apply to projects that involve the purchase of more than Applicability to Contracts 49 U.S.C. 5323 (J), 49 CFR Part 661 A.4 BUY AMERICA REQUIREMENTS acceptance of the first vehicle by the recipient.r to final testing reports from the operator of the testing facility and make that report(s) publicly available priohas achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus components, and that the bus model tion or new bus models or any bus model with a major change in configuraand FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all r\] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) The Contractor \[Manufacture 18 88 agrees to comply with the requirements of 49 Rochester Public Transitimposed by Federal laws or regulations, with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements agrees to comply Rochester Public Transtis an Equal Opportunity Employer. As such, Rochester Public Transit Civil Rights and Equal Opportunity Language Clause tract at every tier. party contractors and their con-The Civil Rights requirements flow down to all third Flow Down Federal Civil Rights laws and regulations apply to all contracts. Applicability to Contracts CIVIL RIGHTS LAWS AND REGULATIONSA.8 1387.)-(33 U.S.C. §§1251 7671q); and the Federal Water Pollution Control Act as amended-§§74014. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. 3. It will report violations of use of prohibited facilities to FTA; and ies;”2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilit 1. It will not use any violating facilities The Contractor agrees: Clause Language tier and subrecipients and subcontracts at every tier.their contracts at every party contractors and -The Clean Air Act and Federal Water Pollution Control Act requirements extend to all third Flow Down The Clean Air and Clean Water Act requirements apply to each contract and subcontract exceeding $150,000. Applicability to Contracts art 200, Appendix II (G)2 C.F.R. P 1387-33 U.S.C §§1251 7671q-49 U.S.C §§7401 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACTA.7 Does not apply to this procurement 49 C.F.R. Part 604 49 U.S.C.5323(d) and (r) CHARTER SERVICEA.6 aterial, or commodities by ocean vessel. involve the transport of equipment, mc. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may lading.); and -of-a subcontractor's bill90 and to the FTA recipient (through the contractor in the case of Maritime Administration, Washington, DC 205cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, lading in English for each shipment of -of-board" commercial ocean bill-s, a legible copy of a rated, "onStateStates or within 30 working days following the date of loading for shipments originating outside the United b. to furnish within 20 working days following the date of loading for shipments originating within the United Flag commercial vessels; -tatesavailable at fair and reasonable rates for United Sany equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are uted separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping Flag commercial vessels to ship at least 50 percent of the gross -a. to use privately owned United States The contractor agrees: Flag Vessels -Use of United States -Cargo Preference commodities by ocean vessel. t of equipment, material, or The Cargo Preference requirements apply to all contracts involved with the transpor Flow Down commodities that may be transported by ocean vessels. The Cargo Preference Act of 1954 requirements applies to all contracts involving equipment, materials, or 19 89 assisted contracts;-1. ensure nondiscrimination in the award and administration of DOT to: Rochester Public Transit ontracts. It is also the policy ofassisted c-C.F.R. Part 26, shall have an equal opportunity to participate in DOT Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 and the United States Department of Transportation (“DOT”) that ,Rochester Public TransitIt is the policy of Language Clause te Disadvantaged Business Enterprise Program Department of Transportation websi Federal Transit Administration website Disadvantaged Business Enterprise page website locations: FTA recipients and third party contractors can obtain information about the DBE program at the following ligible to bid. egoal methodology to FTA that has been approved or has not been disapproved at the time of solicitation, are vehicle manufacturers listed on FTA's certified list of Transit Vehicle Manufacturers, or that have submitted a C.F.R. § 26.49. Only those transit vehicle procurements, certify that it has complied with the requirements of 49 transit vehicle manufacturer (TVM), as a condition of being authorized to bid or propose on FTA assisted transit part of its DBE program, FTA recipients must require that each assisted contracts. As-participation on DOTprogram and overall triennial goal for DBE participation. The overall goal reflects the anticipated amount of DBE 0 in FTA funds in a Federal fiscal year. All FTA recipients above this threshold must submit a DBE $250,00and/or operating assistance that will award prime contracts (excluding transit vehicle purchases) exceeding The Disadvantaged Business Enterprise (DBE) program applies to FTA recipients receiving planning, capital Background and Applicability t 2649 CFR Par DISADVANTAGED BUSINESS ENTERPRISE (DBE) A.9 agrees to comply with any implementing requirements FTA may issue. agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor , the Contractor and Federal transit law at 49 U.S.C. §4332et. Seq., Act of 1968, as amended, 42 U.S.C. §4151 the Architectural Barriers et. Seq.,the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12101 bilitation Act of 1973, as amended, 29 U.S.C. §794, In accordance with Section 504 of the RehaDisabilities. 4. addition, the Contractor agrees to comply with any implementing requirements FTA may issue. to refrain from discrimination against present and prospective employees for the reason of age. In agrees Federal Financial Assistance,” 45 C.F.R. Part 90, and Federal transit law at 49 U.S.C. §5332, the Contractor Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving U.S. Health and et. Seq.,.S.C. §6101 C.F.R. Part 1625, the Age Discrimination Act if 1975, as amended, 42 U Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 634, U.S. Equal -nce with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621In accorda Age.3. agrees to comply with any implementing requirements FTA may issue.other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor ent advertising, layoff or termination, rates of pay or promotion, demotion or transfer, recruitment or recruitmorientation and gender identity). Such action shall include, but not be limited to, the following: employment, thout regard to their race, color, religion, national origin, or sex (including sexual treated during employment, wiThe Contractor agrees to take affirmative action to ensure that applicants re employed, and that employees are note, as amended by any later Ex Order that amends or supersedes it, referenced in 42 U.S.C. §2000e note. . §2000e No. 11246, “Equal Employment Opportunity in Federal Employment”, September 24, 1965, 42 U.S.CPrograms, Equal Employment Opportunity, Department of Labor,“ 41 C.F.R. Chapter 60, and Executive Order DOL) regulations, “Office of Federal Contract Compliance requirements of U.S. Department of Labor (U.S.amended, 42 U.S.C. §5332, the Contractor agrees to comply with all applicable equal employment opportunity In accordance with Title VII of the Civil Rights Act, as Race, Color, Religion, National Origin, Sex. 2. implementing regulations and other implementing requirements FTA may issue. national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal e of race, color, religion, it will not discriminate against any employee or applicant for employment becausIn accordance with Federal transit law at 49 U.S.C. §5332, the Contractor agrees that Nondiscrimination. 1. requirements in each subcontract entered into as part thereof.these Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include exclusionary or discriminatory specifications. ) (3) by not using any Federal assistance awarded by FTA to support procurements using U.S.C. §5323(h 20 90 Flow Down projects. all FTA funded contracts with particular emphasis on construction related Certain employee protections apply to Applicability to Contracts 3708, 29 C.F.R. Part 1926-29 C.F.R. Part 3, 40 U.S.C. §§3701 29 C.F.R. Part 5, 18 U.S.C. §874 3148-49 U.S.C. §5333(a), 40 U.S.C.§§3141 EMPLOYEE PROTECTIONSA.10 .Rochester Public Transit fconsent oDBE subcontractor and perform that work through its own forces or those of an affiliate without prior written another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any ood faith efforts to engage related to this contract is terminated or fails to complete its work, and must make gwhenever a DBE subcontractor performing work Rochester Public TransitThe contractor must promptly notify satisfactorily completed.or’s work related to this contract is with state law, whichever is more restrictive) after the subcontractcontractor is required to return any retainage payments to those subcontractors within 30 days (or in accordance ance with state statutes, whichever if more restrictive. In addition, the or in accord Rochester Public Transit performance of that work no later than 30 days after the contractor’s receipt of payment for that work from The contractor is required to pay its subcontractors performing work related to this contract for satisfactory Contract.There is no DBE participation goal for this DBE Participation Goal .Rochester Public Transit3. Certified by another agency approved by FTA approval; or government entity authorized to certify DBE status or an agency whose DBE certification process2. An out of state firm who has been certified by either a local government, state government or Federal al evaluation by the Unified Certification Program; or1. Certified at the time of the bid opening or propos will only accept DBEs who are: Rochester Public TransitFor purposes of this Contract, DBE Participation responsible. 49 C.F.R. §26.13(b). -4. Disqualifying the contractor from future bidding as non 3. Liquidated damages; and/or 2. Assessing sanctions; 1. Withholding monthly progress payments s not limited to:deems appropriate, which may include, but i Rochester Public Transitother remedy as requirements is a material breach of this contract, which may result in the termination of this contract or such Failure by the contractor to carry out these d contracts.assiste-26 in the award and administration of DOTThe contractor shall carry out applicable requirements of 49 CFR Part sex in the performance of this Contract.pient or subcontractor shall not discriminate on the basis of race, color, national origin, or The contractor, subreci Contractor Assurance . Rochester Public Transitrequirements on previous contracts with compliance with DBE -Bidder/Offeror’s submission package, the Bidder/Offeror/s documented history of non may consider during its review of the Rochester Public Transitstated herein. In assessing compliance, the make all determinations with regard to whether or not a Bidder/Offeror is in compliance with the requirements shall Rochester Public Transit y employment requirements of this Contract. addition to all other equal opportunitContractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in Therefore, the . ontract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26This c program. 7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE 6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and n DOT assisted contracts;5. Help remove barriers to the participation of DBEs i DBEs;4. Ensure that only firms that fully meet 49 C.F.R. Part 26 eligibility standards are permitted to participate as re that the DBE program is narrowly tailored in accordance with applicable law;3. Ensu assisted contracts;-2. Create a level playing field on which DBE’s can compete fairly for DOT 21 91 ENERGY CONSERVATION REQUIREMENTSA.11 e contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.Th Contractor will permit such representatives to interview employees during working hours on the job. copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the made available by the Contractor for inspection, Such records maintained under this paragraph shall be weekly number of hours worked, deductions made, and actual wages paid. each such employee, social security number, correct classifications, hourly rates of wages paid, daily and he name and address of including guards and watchmen, working on the contract. Such records shall contain tpreserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, c payroll records during the course of the work and shall The Contractor shall maintain payrolls and basi and Safety Standards Act),” 29 C.F.R. part 5. construction Contracts Subject to the Contract Work Hours -(also Labor Standards Provisions Applicable to Nonovering Federally Financed and Assisted Construction “Labor Standards Provisions Applicable to Contracts C., and U.S. DOL regulations, et seqSafety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and -r nonprotections foThe Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour Contract Work Hours and Safety Standards for Awards Not Involving Construction set forth in this agreement. ntractor with the clauses Contractor shall be responsible for compliance by any subcontractor or lower tier subco clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The primeany subcontracts the clauses set forth in this section and also a The Contractor or subcontractor shall insert in section.any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this the same prime Contractor, such sums as may be determined to be necessary to satisfy Act, which is held byassisted contract subject to the Contract Work Hours and Safety Standards -Contractor, or any other federallyContractor or subcontractor under any such contract or any other Federal contract with the same prime f work performed by the Labor withhold or cause to be withheld, from any moneys payable on account oThe FTA shall upon its own action or upon written request of an authorized representative of the Department of ours without payment of the overtime wages required by this clause. standard workweek of forty hof $10 for each calendar day on which such individual was required or permitted to work in excess of the individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum ect to each or to such territory), for liquidated damages. Such liquidated damages shall be computed with respUnited States (in the case of work done under contract for the District of Columbia or a territory, to such District and subcontractor shall be liable to the therefor shall be liable for the unpaid wages. In addition, the Contractor In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible intelligence. or to contracts for transportation or transmission of materials or articles ordinarily available on the open market, which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or laborer or mechanic be required to work in surroundings or under working conditions work and provide that no in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked that the standard work week of 40 hours. Work in excess of the standard work week is permissible providedshall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a rt 5. Under 40 U.S.C. § 3702 of the Act, the Contractor supplemented by the DOL regulations at 29 C.F.R. pa3708), as -shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor Contract Work Hours and Safety Standards Language Clause laborers.e employment of mechanics or Act apply to all FTA funded contracts in excess of $100,000 that involve thconstruction, alteration or repair contracts in excess of $2,000. The Contract Work Hours and Safety Standards Kickback” Act apply to all prime -Bacon Act and the Copeland “Anti-stheir subcontractors at every tier. The Daviparty contractors and their contracts at every tier and subrecipients and -These requirements extend to all third 22 92 f) Disqualified from participation in ay federally assisted Award. e) Voluntarily excluded from participation in any federally assisted Award; or d) Declared ineligible to participate in any federally assisted Award; Proposed for debarment from participation in any federally assisted Award; c) b) Suspended from participation in any federally assisted Award; a) Debarred from participation in any federally assisted Award; funded contract and are not presently declared by any Federal department or agency to be: to participate in this federally Contractor shall verify that its principals, affiliates, and subcontractors are eligible contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the dit (irrespective of the contract amount), and to each and to each contract at any tier for a federally required au(Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management andThe Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension Suspension, Ineligibility and Voluntary ExclusionDebarment, Language Clause with whom the participant enters into a covered transaction at the next lower tier.2 C.F.R. part 1200; and (b) pass the requirement to comply with subpart C of 2 C.F.R. part 180 to each person as supplemented bylower level, must require that participant to: (a) comply with subpart C of 2 C.F.R. part 180, Recipients, contractors, and subcontractors who enter into covered transactions with a participant at the next Flow Down ition to the contract or subcontract.that person; or (c) adding a clause or condnot excluded or disqualified. This is done by: (a) checking the SAM exclusions(b) collecting a certification from y (as well as its principals and affiliates) with which they propose to contract or subcontract is verify that the entitRecipients, contractors, and subcontractors (at any level) that enter into covered transactions are required to or regulatory authority other than Executive Order 12549. gencies, as well as parties declared ineligible under statutory debarred, suspended, or otherwise excluded by aguidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties wide exclusions in the System for Award Management (SAM), in accordance with the OMB -governmented on the for a federally required audit (irrespective of the contract amount) must not be made to parties listA contract award (of any tier) in an amount expected to equal or exceed $25,000 or a contract award at any tier Background and Applicability Order 12689Executive Order 12549, Executive 2 C.F.R. Part 200, Appendix II (I) 2 C.F.R. Part 180, 2 C.F.R. Part 1200, 2 C.F.R. §200.213 WIDE DEBARMENT AND SUSPENSION-GOVERNMENTA.13 Does not apply to this procurement 48 C.F.R. Part 47.4 10-C.F.R. Part 30149 U.S.C. §40118, 41 FLY AMERICAA.12 Energy Policy and Conservation Act. energy efficiency which are contained in the state energy conservation plan issued in compliance with the rees to comply with mandatory standards and policies relating to The contractor ag – Energy Conservation Language Clause subrecipients and their subcontractors at every tier.party contractors and their contracts at every tier and -These requirements extend to all thirdFlow Down ments are applicable to all contracts. The Energy Conservation require Applicability to Contracts 49 CFR Part 622, Subpart C 42 U.S.C. 6321 et seq. 23 93 nt is not a party to this Contract and shall not be subject to any Federal Government, the Federal Governmein or approval of the solicitation or award of the underlying Contract, absent the express written consent by the and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government RPT No Federal Government Obligation to Third Parties. and their subcontracts at every tier. y tier and subrecipients party contractors and their contracts at ever-The No Obligation clause extends to all third Flow Down party contracts that are federally funded. -The No Obligation clause applies to all third Applicability to Contracts RNMENT OBLIGATION TO THIRD PARTIESNO GOVEA.15 subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be ring into this transaction made or entered into. Submission of this certification is a prerequisite for making or enteThis certification is a material representation of fact upon which reliance was placed when this transaction was recipients shall certify and disclose accordingly. agreements) and that all subgrants, and contracts under grants, loans, and cooperative -awards at all tiers (including subcontracts, sub-sub3. The undersigned shall require that the language of this certification be included in the award documents for all . “Disclosure Form to Report Lobbying,” in accordance with its instructions LLL, -grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, or an employee of a Member of Congress in connection with this Federal contract, employee of Congressinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for erative agreement. contract, grant, loan, or coopcooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any ing of officer or employee of Congress, or an employee of a Member of Congress in connection with the awardperson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an by or on behalf of the undersigned, to any 1. No Federal appropriated funds have been paid or will be paid, The undersigned certifies, to the best of his or her knowledge and belief, that: Lobbying Restrictions Clause Language U.S.C. § 1352(b)(5).Lobbying Amendment, 31 -down pursuant to Byrd AntiThe lobbying requirements mandate the maximum flow Flow Down accordance with its instructions.LLL, “Disclosure Form to Report Lobbying,” in -the payor must complete and submit the Standard FormMember of Congress in connection with this agreement, officer or employee of Congress, or an employee of a for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an If any funds other than Federal appropriated funds have been paid or will be paid to any person Federal grant.The lobbying requirements apply to all contracts and subcontracts of $100,000 or more at any tier under a Applicability to Contracts 2 C.F.R. Part 200 Appendix II (J), 49 C.F.R. Part 20 31 U.S.C. 1352, 2 CFR §200.450 LOBBYING RESTRICTIONS A. 14 The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered offer is valid and throughout the period of any contract that may arise from this offer.by 2 C.F.R. part 1200, while this comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to , the Federal Government may pursue o Rochester Public Transitble tcertification, in addition to remedies availathat the bidder or proposer knowingly rendered an erroneous Rochester Public Transitlater determined by . If it is Rochester Public Transition in this clause is a material representation of fact relied upon by The certificat By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: 24 94 Does not apply to this procurement 49 U.S.C. § 5333(b) (“13(c)”), 29 C.F.R. part 215 PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTSA.19 the subcontractor who will be subject to the provisions.xcept to identify Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, eThe Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with xtent the Federal Government deems appropriate. U.S.C. § 5323(l) on the Contractor, to the eU.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 statement, submission, or certification to the Federal Government under a contract connected with a project thatt if it makes, or causes to be made, a false, fictitious, or fraudulent claim, The Contractor also acknowledges tha 1986 on the Contractor to the extent the Federal Government deems appropriate. the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of submission, or certification, if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that he FTA assisted project for which this contract work is to be made, pertaining to the underlying contract or tcertifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes s pertaining to this Project. Upon execution of the underlying contract, the Contractor 31, apply to its action. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part et seqamended, 31 U.S.C. § 3801 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as atements or Related Acts Program Fraud and False or Fraudulent St subcontractors who make, present, or submit covered claims and statements.subrecipients and their subcontracts at every tier. These requirements flow down to contractors and s and their contracts at every tier and party contractor-The Program Fraud clause extends to all third Flow Down party contracts that are federally funded.-The Program Fraud clause applies to all third Applicability to Contracts 18 U.S.C. § 1001, 49 C.F.R. part 31 3812-(1), 31 U.S.C. §§ 3801 49 U.S.C. § 5323(l) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTSA.18 49 C.F.R. part 663 and related FTA guidance.audits performed pursuant to delivery -award and post-Contractor agrees to participate and cooperate in any prebid. The 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part Delivery Audit Requirements -Award and Post-Pre can draw on the following language for inclusion in their federally funded procurements. del certificates and language contained in the audit handbook. Additionally, recipients are advised to use the moparty contracts but does contain requirements applicable to subrecipients and third party contractors. Recipients Part 663 of Title 49, Code of Federal Regulations, does not contain specific language to be included in third guage Clause Lan 49 U.S.C. 5323 (m), 49 C.F.R. Part 663 DELIVERY AUDITS OF ROLLING STOCK PURCHASES-AWARD AND POST-PREA.17 Does not apply to this procurement 37 C.F.R. part 401 2 C.F.R. part 200, Appendix II (F) PATENT RIGHTS AND RIGHTS IN DATAA.16 sions.the clause shall not be modified, except to identify the subcontractor who will be subject to its provisubcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that rees to include the above clause in each to any matter resulting from the underlying Contract. The Contractor ag, Contractor or any other party (whether or not a party to that contract) pertaining RPTobligations or liabilities to 25 95 Executive Order (E.O.) 12699 ., 49 C.F.R. part 41et seq42 U.S.C. 7701 SEISMIC SAFETYA.23 Does not apply to this procurement C.F.R. part 60549 U.S.C. 5323(f), 49 SCHOOL BUS OPERATIONSA.22 vehicle when on official business in connection with the work performed under this agreement. owned -ing a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privatelydrivdrivers, including policies to ban text messaging while using an electronic device supplied by an employer, and The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted Distracted Driving . ransitRochester Public Tby the Contractor or leased” refer to vehicles owned or leased either -owned” and “company-operated vehicles. The terms “company rented vehicles, or personally -owned vehicles, company-employees and other personnel that operate companyits job seat belt use policies and programs for -the-The Contractor is encouraged to adopt and promote on Seat Belt Use Safe Operation of Motor Vehicles party contractors at every tier. -he Safe Operation of Motor Vehicles requirements flow down to all thirdT Flow Down Requirements assistance. party agreements supported with Federal -distracted driving, including text messaging in each of its thirdproject. Additionally, recipients are required by FTA to include a Distracted Driving clause that addresses he party subcontract involving t-or personally operated vehicles, and to include this provision in each thirdseat belt use policies and programs for its employees and other personnel that operate company owned, rented, job -the-tractor to adopt and promote onparty con-1997, 23 U.S.C. Section 402 note, FTA encourages each third compliance with Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April 16, ehicles requirements apply to all federally funded third party contracts. In The Safe Operation of Motor V Applicability to Contracts Executive Order No. 13513, U.S. DOT Order No. 3902.10 23 U.S.C. part 402, Executive Order No. 13043 SAFE OPERATION OF MOTOR VEHICLESA.21 Materials,” 40 C.F.R. part 247.ucts Containing Recovered Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Prod 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental energy efficient by complying with and facilitating compliance with Section protect the environment, and are The Contractor agrees to provide a preference for those products and services that conserve natural resources, Recovered Materials Language Clause tier where the value of an EPA designated item exceeds $10,000. their subcontracts at everyparty contractors and their contracts at every tier and subrecipients and -These requirements extend to all third Flow Down the preceding fiscal year exceeded $10,000. xceeds $10,000 or the value of the quantity acquired during competition, where the purchase price of the item ethe highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain items designated natural resources, protect the environment, and are energy efficient. Recipients are required to procure only local governmental authorities to provide a competitive preference to products and services that conserve ), requires States and et seq.The Resource Conservation and Recovery Act, as amended, (42 U.S.C. § 6962 Applicability to Contracts 2 C.F.R. part § 200.322 .C. § 6962 , 40 C.F.R. part 24742 U.S RECYCLED PRODUCTSA.20 26 96 ermination for Default (Supplies and Service) T contract. ’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this Public TransitRochester shall not limit Rochester Public Transitcovenant, term or condition of this contract, such waiver by Contractor of any elects to waive its remedies for any breach by Rochester Public TransitIn the event that Waiver of Remedies for any Breach against Contractor and its sureties for said breach or default. from also pursuing all available remedies chester Public TransitRoshall not in any way operate to preclude the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall have Rochester Public Transitsetting forth the nature of said breach or default, c TransitRochester Publicovenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from 's satisfaction the breach or default of any of the terms, Rochester Public TransitIf Contractor fails to remedy to defect. period in which cure is permitted and other appropriate conditions to cure the Contractor ten (10) days in which to cure the defect. In such case, the Notice of Termination will state the time in the case of a termination for breach or default, allow the , in its sole discretion may,Rochester Public Transit Opportunity to Cure (General Provision) Contractor to continue work, or treat the termination as a Termination for Convenience. after setting up a new delivery of performance schedule, may allow the ,Rochester Public TransitContractor, performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the that the Contractor had an excusable reason for not Rochester Public TransitIf it is later determined by contract. delivered and accepted, or services performed in accordance with the manner of performance set forth in the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies he default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth tontract for Cmay terminate this Rochester Public Transitcomply with any other provisions of the contract, e contract, or if the Contractor fails to for services, the Contractor fails to perform in the manner called for in thIf the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is Termination for Default \[Breach or Cause\] (General Provision) directs. Rochester Public Transitfor the same, and dispose of it in the manner , the Contractor will account Rochester Public TransitContractor has any property in its possession belonging to f the to be paid the Contractor. I Rochester Public Transitshall promptly submit its termination claim to out costs, and profit on work performed up to the time of termination. The Contractor -including contract close. The Contractor shall be paid its costs, sstbest intere Rochester Public Transit’s Contractor when it is in may terminate this contract, in whole or in part, at any time by written notice to the Rochester Public Transit Termination for Convenience (General Provision) Language Clause t every tier. contracts at every tier and subrecipients and their subcontracts aparty contractors and their -For all contracts in excess of $10,000, the Termination clause extends to all third Flow Down anner by which it will be effected and the basis for settlement. mAll contracts in excess of $10,000 must address termination for cause and for convenience, including the Applicability to Contracts 2 C.F.R. § 200.339, 2 C.F.R. part 200, Appendix II (B) A.25 TERMINATION Does not apply to this contract 49 C.F.R. part 40 49 U.S.C. § 5331, 49 C.F.R. part 655 A.24 SUBSTANCE ABUSE REQUIREMENTS Does not apply to this procurement 27 97 contemplate that the Alternative Dispute Resolution process will include, at a minimum, an attempt to resolve ispute Resolution process to resolve disputes in a manner designed to avoid litigation. In general, the parties Dthe best of their abilities in an informal manner. To accomplish this end, the parties will use an Alternative and the Contractor intend to resolve all disputes under this Agreement to Rochester Public TransitExample 2: • shall abide be the decision. and the Contractor evidence in support of its position. The decision of the General Manager shall be binding upon the Contractor connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer General Manager. In Rochester Public Transit’s Contractor mails or otherwise furnishes a written appeal to the . This decision shall be final and conclusive unless within 10 days from the date of receipt of its copy, Officer’s Procurement Rochester Public Transitparties shall be decided in writing by the authorized representative of ot resolved by agreement of the Disputes arising in the performance of this Contract that are nExample 1: • Disputes necessary corrective action. breach has occurred and will provide the Contractor a reasonable period of time to respond and to take considers that such a Public TransitRochester provide the Contractor with sixty (60) days written notice that will Rochester Public Transittakes action contemplated herein, Rochester Public Transitthe Contractor before ntractor recognizes that in the event of a breach of this Agreement by suspension as provided herein. The Coand equity, including the right to specific performance, without further assistance, and the rights to termination or will have all remedies in law Rochester Public Transitof this Agreement. In the event of a default, Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will Remedies to suspend or abandon performance. directs Contractor to do so) or Rochester Public Transitthe Contract (unless the Contractor to cancel or rescindshall constitute a material breach of this Contract, entitling Rochester Public Transitact or omission of , the Contractor expressly agrees that no default, Rochester Public TransitContract, which may be committed by f this Inasmuch as the Contractor can be adequately compensated by money damages for any breach o Rights and Remedies of Contractor 4. The right to money damages. . The right to specific performance, an injunction or any other appropriate equitable remedy; and 3 2. The right to cancel this Contract as to any or all of the work yet to be performed; Contractor, either directly or through other contractors; 1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor guilty of a breach of any term under the Contract.deems the Rochester Public Transitshall have the following rights in the event that nsitRochester Public Tra Rochester Public TransitRights and Remedies of every tier. The Violations and Breach of Contracts clause flow down to all third party contractors and their contracts at Flow Down e for such sanctions and penalties as appropriate. and providadministrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, All contracts in excess of the Simplified Acquisition Threshold (currently set at $250,000) shall contain Applicability to Contracts 2 C.F.R. § 200.326, 2 C.F.R. part 200, Appendix II (A) VIOLATION AND BREACH OF CONTRACTA.26 . Rochester Public Transitconvenience of the rights and obligations of the parties shall be the same as if the termination had been issued for the , If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default performance set forth in this contract. for supplies delivered and accepted, or services performed in accordance with the manner or contract priceContractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the shall terminate by delivering to the Rochester Public Transitmay terminate this contract for default. TransitRochester Public ct, ontraCany extension, or if the Contractor fails to comply with any other provisions of this If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or 28 98 or Dahua Technology Company (or any subsidiary or affiliate of such entities);equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, e and telecommunications critical infrastructure, and other national security purposes, video surveillancFor the purpose of public safety, security of Government facilities, physical security surveillance of (2) (or any subsidiary or affiliate of such entities);ration Telecommunications equipment produced by Huawei Technologies Company or ZTE Corpo (1) –means services or equipment telecommunications Covered means The People’s Republic of China. country foreign Covered Ethernet). cable, coaxial ic,opt fiber ,e.g.( wired or microwave) (e.g., wireless be can Backhaul network). telephone core the to cell connecting ,e.g.( network the of edge the at subnetworks small the and network, backbone or network, core the between links intermediate means Backhaul —As used in this clause (a) QUIPMENT E ERVICES OR S URVEILLANCE S IDEO V ELECOMMUNICATIONS AND T ERTAIN C ONTRACTING FOR C ROHIBITION ON P )27 A. writing.hereunder, except as may be specifically agreed in constitute an approval of or acquiescence in any breach ta waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act or Contractor shall constitute Rochester Public Transitaction or failure to act by imposed or available by law. No thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise The duties and obligations imposed by the Contract documents and the rights and remedies available Remedies Rights and is located. Rochester Public Transitin which will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State and the Contractor arising out of or relating to this agreement or its breach Rochester Public Transitbetween Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question Remedies or damage. injurytherefor shall be made in writing to such other party within a reasonable time after the first observance of such of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages any act or omission Should either party to the Contract suffer injury or damage to person or property because of Claims for Damages Contract while matters in dispute are being resolved. , Contractor shall continue performance under this Rochester Public Transite directed by Unless otherwis Performance during Dispute direction or decisions made thereof. Rochester Public Transit’s and in accordance with Pending final settlement of any dispute, the parties shall proceed diligently with the performance of the Contract, anner. acted in an arbitrary, capricious or grossly erroneous m Rochester Public Transitwhether Contract shall be heard by a Court de novo and the court shall not be limited in such proceeding to the issue of y court proceeding arising out of a dispute under the Contract, it is expressly agreed and understood that andispute or proceed with litigation. Notwithstanding any provision of this section, or any other provision of this ution of the dispute is not mutually agreed upon, the parties can agree to mediate the In the event that a resol and the Contractor’s organization. TransitRochester Public for review and action on such disputes by appropriate management level officials within tween their staffs, and, if resolution is not reached at that level, a procedure disputes through communications be 29 99 . Prohibition (b) ce.performance of a piece of equipment, system, or servimeans any component necessary for the proper function or component essential or Substantial high. too is traffic because or weak too is coverage signal because either network home the of acilitiesf the to connect to unable when network visited a from received data) video, voice, ,e.g.( services communications cellular means Roaming audit. party-third or internal an include to need the excludes that entity the by used services or equipment onstelecommunicati covered of provider or producer the of identity the about possession entity's the in information any uncover to designed inquiry an means inquiry Reasonable resources. information other and data sharing or B) company telephone of omercust a to A provider telephone of customer a of connection ,e.g.( delivered ultimately is it where traffic off hand to network another's of use the allow to networks more or two of connection physical the governing arrangements means onnectionInterc Reform Act of 2018 (50 U.S.C. 4817).Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control (6) title 9 of such Code, or part 73 of title 42 of such Code; orFederal Regulations, part 121 of Select agents and toxins covered by part 331 of title 7, Code of (5) Regulations (relating to export and import of nuclear equipment and material);Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal (4) atomic energy activities);and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign Specially designed and prepared nuclear equipment, parts and components, materials, software, (3) For reasons relating to regional stability or surreptitious listening; (ii) biological weapons proliferation, nuclear nonproliferation, or missile technology; orimes, including for reasons relating to national security, chemical and Pursuant to multilateral reg (i) -and controlledExport Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, ded on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Items inclu (2) Regulations;International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Defense articles or defense services included on the United States Munitions List set forth in the (1) –means technology Critical connected to, the government of a covered foreign country.Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise nal Intelligence or the Director of the that the Secretary of Defense, in consultation with the Director of NatioTelecommunications or video surveillance equipment or services produced or provided by an entity (4) illance services provided by such entities or using such Telecommunications or video surve (3) 30 100 A.28) Repealed the acquisition of commercial items.in all subcontracts and other contractual instruments, including subcontracts for (b)(2), paragraph excluding and (e) paragraph this bstance of this clause, includingThe Contractor shall insert the su Subcontracts. (e) telecommunications equipment or services.services, and any additional efforts that will be incorporated to prevent future use or submission of covered on of covered telecommunications equipment or shall describe the efforts it undertook to prevent use or submissifurther available information about mitigation actions undertaken or recommended. In addition, the Contractor s days of submitting the information in paragraph (d)(2)(i) of this clause: any Within 10 busines (ii) available information about mitigation actions undertaken or recommended.manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily brand; model number (original equipment Commercial and Government Entity (CAGE) code (if known); the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier one business day from the date of such identification or notification: the contract number; Within (i) :The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (2) Contracting Officer(s) for any affected order.the Contracting Officer for the indefinite delivery contract and the contracts, the Contractor shall report to For indefinite delivery . elsewhere in this contract are established procedures for reporting the informationshall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless the Contractor contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, substantial or essential component of any system, or as critical technology as part of any system, during services used as a In the event the Contractor identifies covered telecommunications equipment or (1) Reporting requirement. (d) any user data or packets that such equipment transmits or otherwise handles.route or redirect user data traffic or permit visibility into Telecommunications equipment that cannot (2) interconnection arrangements; orparty, such as backhaul, roaming, or -A service that connects to the facilities of a third (1) —This clause does not prohibit contractors from providing ons.Excepti (c) contract. Federal a under work of performance in is use that whether of regardless services, or equipment telecommunications covered of use the to applies prohibition This .4.2104 FAR in described waiver a by covered are services or equipment telecommunication covered the or applies clause this of (c) paragraph at exception an unless system, any of part as technology critical as or tem,sys any of component essential or substantial a as services or equipment telecommunications covered uses that service or system, equipment, any uses that entity an with contract, a renewing or extending or contract, a into entering from 2020, 13, August eraft or on agency executive an of head the prohibits 232)-115 L. (Pub. 2019 Year Fiscal for Act Defense National McCain S. John the of 889(a)(1)(B) Section (2) .4.2104 FAR in described waiver a by covered are services or equipment telecommunication covered the or applies clause this of (c) paragraph at exception an unless system, any of part as technology critical as or system, any of component essential or substantial a as services or equipment telecommunications covered uses that service or system, equipment, any Government the to providing from prohibited is Contractor The system. any of part as technology critical as or system, any of component essential or substantial a as services or equipment telecommunications covered uses that service or system, equipment, any obtain, or procure to contract a renewing or extending or obtaining, or procuring from 2019, 13, August after or on DTA the prohibits 232)-115 L. (Pub. 2019 Year Fiscal for Act Defense National McCain S. John the of 889(a)(1)(A) Section (1) 31 101 Use forced labor in the performance of the Contractor’s Underlying Agreement or sub agreements. (C) effect; or eriod of time that the Contractor’s Underlying Agreement is in Procure a commercial sex act during the p (B) underlying agreement is in effect;Engage in severe forms of trafficking in persons during the period of time that the Contractor’s (A) in the Contractor’s award may not:d its Subrecipients’ employees that participate The Contractor agrees that it, its employees, its Subrecipients, an Prohibition: alleging a violation of the prohibitions listed in this section.immediately if any information it receives from any source Rochester Public TransitThe Contractor will inform C.F.R. Part 175Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) 22 U.S.C. §7104(g) and 2 FTA MA(19) February 7, 2022, Sec (F) ING IN PERSONSKA31) TRAFFIC covered transactions.such compliance in its lower tier The bidder or proposer further agrees to include a provision requiring Was not convicted of the felony criminal violation under any federal law within the preceding 24 months. (B) greement with the authority responsible for collecting the tax liability; andmanner pursuant to an aadministrative remedies have been exhausted or have lapsed, and that is not being paid in a timely Does not have any unpaid Federal tax liability that has been assessed for which all judicial and (A) or her knowledge and belief, that itThe undersigned certifies, to the best of his FTA MA(29) February 7, 2022 Sec (G) A30) FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTION subcontractor who will be subject to the provisions.that the clauses shall not be modified, except to identify the assistance provided by FTA. It is further agreed The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal means to refer to information without delay and without change. this paragraph, “promptly” indictment, or any other credible information in the possession of the Contractor. Ininvestigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal on by a Federal, state, or local law enforcement or other to, knowledge of a criminal or civil investigatiagent or subcontractor of the Contractor. Knowledge, as it is used in this paragraph, includes, but is not limited he Federal Transit Administration, or an agreement involving a principal, officer, employee, Transit Authority or tresponsibility occurs whether the Contractor is subject to this Agreement between the Contractor and the Duluth misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This d rigging, committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, biThis notification provision applies to instances of false claims under the False Claims Act, or has or may have eement in any forum for any reason.Federal Government as a party to litigation or any legal agrbut are not limited to, a major dispute, breach, default, litigation, or naming the Duluth Transit Authority or the ty or the Federal Government. Legal matters that require notification include, affect the Duluth Transit AuthoriContractor shall promptly notify the Duluth Transit Authority of any current or prospective legal matter that may During the performance of this contract, the contractor agrees as follows: Legal Agreement or LitigationNotice of ) A. 29 32 102 , 2023October 17 Electric Transit Buses Proposal SubmissionContract Example for Request for Proposals 33 103 TERMINATION OF SERVICE 5ARTICLE General Manager. Rochester Public Transitn consent of the whatsoever without the prior writteContractor shall not in any way assign or transfer any of its rights or interests under this Contract in any way ASSIGNABILITY 4ARTICLE 06. 955, MN 4300 E. River Road, Rochester, Procurement Manager RPTrded to the Pay applications must be forwa terms of the Contract Documents.expenses are not documented or warranted, or when the service was not performed in accordance with the rvices where the services are in dispute, where the services or any claimed reimbursable Contractor’s se may withhold payment for RPTManager will be rejected and shall be replaced by the Contractor without delay. Project RPTrequirements and specifications or are not equal to the samples submitted to and approved by the ion of these Contract Materials, components or workmanship which does not conform to the instructcharacter of such work may not have been apparent or detected at the time such payment was made. e Contractor to replace unsatisfactory work or material, though the unsatisfactory lessen the ability of thContractor, shall not constitute in any sense acceptance of the work or any portion thereof, and shall in no way , or the receipt thereof by the RPTacceptance of work. The granting of any progress payment or payments by s not imply . Payment doeContractorand offered by the RPTunless a discount for earlier payment is solicited by Terms of payment shall be thirty (30) days net from the conclusion of the month for which payment is due, the Contract Documents in the amount accepted.deductions by Change Orders as provided in shall pay the Contractor in current funds for the performance of the work, subject to the additions and RPT S TO CONTRACTOR 3ARTICLE be deemed controlling. and conditions of this Contract shall any conflict between the terms of the Proposal and this Contract, the terms . In the event of in accordance with the generally accepted standards of the profession for services of this type attached hereto and made a part hereof,by the Contract Documents work requiredContractor will perform the THE WORK ARTICLE 2 all as fully a part of the Contract as if attached to this Contract or repeated herein. applicable, applicable, warranty documents and/or extended warranty documents, bus testing reports as Final Offer as Contractor’s Best and ;including required certificates Proposal Contractor’s the execution of the Contract; the issued prior to and modifications thereto all addendaand all appendix attached hereto, , SpecificationsTechnical , Special and ,32, 20XXXX) dated XXXX(Procurement # Proposals; Request for amendments theretoand any this Contract ,the FTA Contract Clauses consist ofin priority order The Contract Documents THE CONTRACT DOCUMENTS ARTICLE 1 ).(“Contract” contract(“Parties”) to this are parties Contractor the and RPT”. RPT hereafter referred to as “5906, MN, Rochester,, 300 E. River Road NE4, Rochester Public Transit, hereafter referred to as “Contractor”, and __________________ located at etc.) , iont(LLC, ________, a _______________by and between __20 ,________ , made as of CThis . Rochester Public For purposes of this Contract example, the Contract is designated between the contractor and Contract Example for Proposal Purposes 4Section 34 104, but shall include but RPTclaims of liability arising out of the sole negligent or intentional acts or omissions of for RPT of grow out of the matter covered by this Contract. Said obligation does not include indemnificationand the State of Minnesota that may RPT including reasonable expenses, costs and attorney’s fees incurred by s, expenses and suits or actions or proceedings, demands, liens, encumbrances, judgments, awards, losses, costemployees and agents, including consultants, harmless from and against any and all liabilities, damages, claims, , and its officers, RPTto the extent permitted by law, defend, indemnify and save The Contractor shall, a. INDEMNIFICATION 8ARTICLE source product. ownership of all data, formatting scripts, design templates and domain where they are not already an open shall maintain RPT .RPT Contractor or at such earlier time as requested bytermination of the services of upon completion or RPTwhen prepared and shall be delivered to RPTshall become the property of ContractAll notes, reports, design plans, specifications, special studies, records and other data prepared under this Ownership of Data .f request must comply with applicable law. as to how Contractor should respond to the request. Contractor’s response to the mand consult with the RPTContractor receives a request to release data referred to in this clause, Contractor must immediately notify in this clause by the Contractor. If Minnesota Statutes Section 13.08 apply to the release of the data referred toontract. The civil remedies of Creceived, stored, used, maintained or disseminated by Contractor under this ontract, and as it applies to all data created, collected, Cnder this u RPTit applies to all data provided by Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as Confidentiality of Information . e loyment, and other data relating to all matters covered by this Contract.empand to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of to audit, examine and make excerpts or transcripts from such records, RPTContract. Contractor will also permit spect to all matters covered by this re for examination, all of its records with RPTthere shall be made available to may deem necessary, RPTnd as often as Contractor shall ensure that at any time during normal business hours a Audits and Inspections .d pertaining to matters covered by this Contract.may require, RPTrecords, data and information as RPTContractor shall be responsible for furnishing to tion. Reports and informa .c whole or in part to this Contract shall be clearly identified and readily accessible.charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in l the nature and propriety of the contracts, vouchers, or other official documentation evidencing in proper detaiContractor will ensure that all costs shall be supported by properly executed payrolls, time reports, invoices, Documentation of Costs. .b of final payment under this project. after receiptrespect to all matters covered by this Contract. Such records shall be maintained for a period of six (6) years and with RPTRecords shall be maintained by the Contractor in accordance with the requirements prescribed by intenance of RecordsEstablishment and Ma .a SS AND INSPECTIONCORDRE 7ARTICLE amendments to the Contract. and the Contractor, shall be incorporated in written RPTwhich are mutually agreed upon by and between ase or decrease in the amount of the Contractor’s compensation, hereunder. Such changes, including the increor the Contractor may, from time to time, request changes in the scope of the services to be performed RPT CHANGES TO THE CONTRACT 6ARTICLE , including reimbursable expenses. Contracttermination of this including the date written notice ofpart without cause. Contractor shall be entitled to compensation for services properly performed by it to and may, by giving written notice specifying the effective date thereof, terminate this Contract in whole or in RPT 35 105 Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies: force and effect throughout the term of the contract.Contractor shall maintain such insurance in described below and the City has approved such insurance. Contractor shall not commence work under the contract until it has obtained all the insurance INSURANCE 9ARTICLE ods and services to receive the services as provided herein.software, hardware or other goany prepaid fees and the full cost of any transition services, including the purchase of new RPTContractor shall reimburse commercially unreasonable to do either of the aforementioned, in its reasonable judgment, that it is In the event the Contractor is unable or determines .iii , orRPTmisappropriate such property rights and are free to be used by Replace or modify such services as provided herein so they do not infringe upon or .ii sing such services as provided herein;the right to continue u RPTObtain for . i right in the access or the use of the services provided herein, then contractor shall, at its sole cost and expense:ged upon or misappropriated any patent, copyright, trade secret, trademark or other proprietary have infrinContractor is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to services herein and such injunction is not dissolved within thirty (30) calendar days, or in the event that the from providing the secret, trademark or other proprietary right. In the event the Contractor is enjoined services provided herein infringing or misappropriating a United States or foreign patent, copyright, trade by reason of any claim arising out of or relating to the RPTaccrued against, charged to or recoverable from reasonable attorney’s fees, costs and expenses incidental thereto, which may be suffered by, incurred by, from and against any and all claims, including RPThe Contractor agrees to defend, indemnify and save . Tb contribution. party operator, not including an assignee or Subcontractor of the Contractor, subject to the right of -any thirdextend to circumstances where injury, death or damages are caused, in whole or in part, by the negligence of or shall not respect to the requirements of the Contract by written order. The obligations of the Contractemployees, agents or consultants, including, without limitation, negligence is giving direction or instruction with , its officers, RPTerrors or omissions of the death or damages are caused solely by the negligent acts, The obligations of the Contractor under the above paragraph shall not extend to circumstances where injury, expense.t to be represented therein by advisory council of its own selection at its own shall have the righ RPTso. purpose of defending such suit, action or proceeding and shall be repaid all reasonable costs incurred in doing the request of the Contractor, furnish to the Contractor all reasonable assistance that may be necessary for the at ,shall RPTons or defense within a reasonable time after the notice and authority above provided. negotiatimight be materially prejudicial to the Contractor unless the Contractor has failed to take over conduct of any shall not make any admission that RPTcharge and direction of the defense of such suit, action or proceeding. ntractor shall have sole action or other proceeding hereunder. The Cosuit, ,encumbrance, judgment, awardEach party shall promptly notify the other in writing of the notice or assertion of such claim, demand, lien, supplied hereunder.and to the work to be done and things to be and federal laws, rules and regulations applicable to this Contract omission by Contractor and other such source of liability. In addition, Contractor will comply with all local, state to supervise, the failure to warn, the failure to prevent such act or including but not limited to, the failureSuppliers which are derivative of the negligence or intentional acts or omissions of the Contractor such as, and , its officers, employees, servants, agents, Subcontractors and RPTarise out of acts or omissions of RPTagainst in all cases where claims of liability RPT not be limited to, the obligation to defend, indemnify and save harmless 36 106 amount, the Contractor shall so request in writing, specifying the amount of deductible in a higher the written approval of the City. If the Contractor desires authority from the City to have a Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without annual aggregate –$2,000,000 or eventper claim –$1,000,000 Contractor is required to carry the following minimum limits: professional services required under the contract.resulting from any actual or alleged negligent act, error, or omission related to Contractor’s legally obligated to pay This policy will provide coverage for all claims the contractor may become 4. Professional/Technical (Errors and Omissions) Liability Insurance owned Automobiles.-Owned, Hired, and Non In addition, the following coverages should be included: Damage ertyper occurrence Combined Single Limit for Bodily Injury and Prop –$1,000,000 Liability insurance. Insurance minimum limits are as follows:subcontracted the contractor will require the subcontractor to maintain Commercial Automobile and in case any work is or use of all autos which may arise from operations under this contract, as well as from claims for property damage resulting from the ownership, operation, maintenance required to maintain insurance protecting it from claims for damages for bodily injury Contractor is 3. Commercial Automobile Liability Insurance City must be named as an Additional Insured. Products and Completed Operations Liability Blanket Contractual Liability Personal and Advertising Injury Bodily Injury and Property DamagePremises and Operations The following coverages shall be included: Products/Completed Operations –annual aggregate –$2,000,000 annual aggregate –$2,000,000 per occurrence –$1,000,000 tractor under the contract. Insurance minimum limits are as follows:indirectly employed by the Conwhether the operations are by the Contractor or by a subcontractor or by anyone directly or property damage, including loss of use which may arise from operations under the Contract loss of services as well as from claims for including sickness or disease, death, and for care and Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, 2. Commercial General Liability Insurance provide the City with a certificate of insurance.and the Contractor must comply with the Workers’ Compensation insurance requirements hereinIf during the course of the contract the Contractor becomes eligible for Workers’ Compensation, Minnesota Workers’ Compensation requirements.cludes Contractor from the authorized representative, indicating the qualifying exemption that exContractor has no employees in the City, Contractor must provide a written statement, signed by an sota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the If Minne Bodily Injury by Accident –$500,000 Bodily Injury by Disease aggregate –$500,000 Bodily Injury by Disease per employee –$500,000 follows:State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as nts of the provide Workers’ Compensation insurance in accordance with the statutory requireme employees and, in case any work is subcontracted, Contractor will require the subcontractor to ded below, Contractor must provide Workers’ Compensation insurance for all its Except as provi 1. Workers’ Compensation Insurance 37 107 or any team member while performing the work specified by this Contract. Contractor from liability or judgments arising out of the intentional or negligent acts or omissions of Contractor in any way, be responsible to defend, indemnify or save harmless shall not RPTseverance pay. Furthermore, hospital care, sick leave and vacation pay, Worker’s Compensation, Unemployment Insurance, disability pay or , agents, contractors and employees shall not be entitled to any compensation rights or benefits of any officers. Contractor and its RPTofficers, agents, contractors and employees shall in no way be the responsibility of , its RPTof employment or alleged employment, including without limitation, claims of discrimination against lf of Contractor arising out might arise under the Worker’s Compensation Act of the State of Minnesota on beha, and any and all claims that may or RPTofficers or employees thereof shall not be considered an employee of for any purpose or in any manner whatsoever. Contractor and any RPTagent, representative or employee of partners between the Parties hereto or of constituting the Contractor as an -establishing a relationship of coIt is agreed that nothing herein contained is intended or shall be construed in any manner as creating or INDEPENDENT CONTRACTOR 1ARTICLE 1 t. h are applicable to its activities under this whic Rochesterthe City of , RPTAmerica, the State of Minnesota, Contractor agrees to observe and comply with all laws, ordinances, rules and regulations of the United States of RULES AND REGULATIONS 0ARTICLE 1 nce requirements for a particular project.The City reserves the right to modify the insura xi. required insurance coverage requirements. evidence of theThe Contractor is required to submit a Certificates of Insurance acceptable to the City as x. ’s authorized representative upon written request.the City submitted toAll insurance policies must be open to inspection by the City, and copies of policies must be ix. contractor. against thewith the insurance requirements and retains all rights to pursue any legal remedies compliancetractor is not in The City reserves the right to immediately terminate the contract if the Conviii. form basis to satisfy the full policy limits required by the Contract.-on a follow policy limits Excess Liability insurance policy may be used to supplement the Contractor’s An Umbrella or vii. Minnesota; and the State of(minus); Financial Size Category (FSC) VII or better, and authorized to do business in -rating of A Contractor shall obtain insurance policies from insurance companies having an “AM BEST” vi. insurance.exception of the professional liability the Contractor’s policies shall include legal defense fees in addition to its liability policy limits, with v. Insurance must be attached.-insured, a Certificate of Self-f Contractor is selfiv. I and deductibles. Contractor is responsible for payment of Contract related insurance premiumsiii. payment of premium.-ten (10) days’ written notice for non written notice to the City, or the policies shall not be cancelled without at least thirty (30) days’ advanced derafforded un Contractor’s policies and Certificate of Insurance shall contain a provision that coverage ii. this contract.the City with respect to any claim arising out of Contractor’s performance under available toother valid and collectible insurance Contractor’s policies shall be primary insurance to any i. 5. Additional Insurance Conditions coverage must be obtained by Contractor to fulfill this requirement.ompletion of the work. If such insurance is discontinued, extended reporting period following cContract and Contractor shall maintain such insurance for a period of at least three (3) years, The retroactive or prior acts date of such coverage shall not be after the effective date of this deductible from its own resources.or to cover the audited financial statements so that the City can ascertain the ability of the Contractthe desired deductible and providing financial documentation by submitting the most current 38 108 COMMUNICATIONS 19ARTICLE other provision. t waiver of that nor any shall not imply a subsequen ContractAny waiver by either party of any provision of this WAIVER 81ARTICLE .Contractcontinue in full force and effect and shall be binding upon the parties to this invalid or unenforceable, the remaining provisions shall In the event any provision herein shall be deemed SEVERABILITY 71ARTICLE Contractor.but in every case the failure to perform must be beyond the control and without the fault or negligence of the s, strikes, freight embargos, unusually severe weather, capacity, fires, floods, epidemics, quarantine restrictionin its contractual RPTGod or the public enemy, acts of the U.S. Government in its sovereign capacity or the General Manager, and may include, but are not restricted to Acts of RPTisfaction of the documented to the satbeyond the Contract and without the fault and negligence of the Contractor. Such causes must be clearly The Contractor shall not be liable for any excess costs if the failure to perform the Contract arises out of causes FORCE MAJEURE 6ARTICLE 1 responsibility to ensure complete compliance with these requirements.requirements. It shall be the Contractor’s and/or FMVSS OSHA all applicable and shall, in all cases, meet rm to all latest local, state and federal safety requirements, oAll work performed under this Contract shall conf STATE, FEDERAL SAFETY REQUIREMENTS 5ARTICLE 1 executive orders which may be affected with regard hereto.apter 363), Title 7 of the U.S. Code, and any other regulations and Human Rights Act of 1974 as amended (ChThat all activities conducted pursuant to this Contract shall be conducted in accordance with the Minnesota .b done pursuant to this Contract.f or otherwise subjected to discrimination with regard to the work to be participation in, denied any benefits ostatus with respect to public assistance, sexual orientation and/or disability, shall be excluded from any o person on the grounds of race, color, creed, religion, national origin, ancestry, age, sex, marital status, N .a Contract, does hereby covenant and agree that:Contractor, for itself and its officers, agents, servants and employees, as part of this consideration of this CIVIL RIGHTS ASSURANCES 4ARTICLE 1 as a change in the Contract. RPTwritten acceptance by extension, withoutrequest or acceptance of delinquent equipment shall not constitute acceptance of the delay, or request for time or subsequently request an extension of the delivery date or schedule. However, such notification or ntract, and may at that encountering any difficulties which threaten to delay the timely performance of this Coin writing of any delays, including all relevant details, immediately upon RPTContractor shall notify DELAYS 3ARTICLE 1 .RPTy be specifically agreed to by the Contract, expect as manor shall any such action or failure to act constitute an approval of or an acquiescence in any breach of this to act shall in no way constitute a waiver of any right or duty afforded to it under the Contract, RPTFailure of addition to and not in limitation of any duties, obligations, rights and remedies otherwise imposed or available The duties and obligations imposed by the Contract and the rights and remedies available hereunder shall be in RIGHTS AND REMEDIES 2RTICLE 1A 39 109 . Contractpartment or agency in an amount equal to the cost of this de’s governing body does not appropriate moneys to the RPTif Contractshall have the right to cancel this RPT CANCELLATION 4ARTICLE 2 appropriate federal court in the State of Minnesota.tigation in Federal Courts involving the parties shall be in the , Minnesota. However, lilocated is State of Minnesota. The appropriate venue and jurisdiction for any litigation hereunder shall be in the court and Rochester shall be governed by the applicable laws of the City of Contractherwise specified, this Unless ot GOVERNING LAW 3ARTICLE 2 approval of the Project Manager or as documented and accepted in their proposal.Contractor shall not subcontract or assign this Contract or any portion thereof without the prior written SUBCONTRACTING AND ASSIGNMENTS 2ARTICLE 2 and Contractor. RPTdocuments may be amended only by written instrument signed by both ontract Csupersedes all prior negotiations, representations or agreements, either written or oral. The and the Contractor and RPTtween document represents the entire and integrated agreement be Contract The EXTENT OF AGREEMENT 12ARTICLE . The provisions of this Article shall survive the termination of this Contract.c Materials.existing -icable to such confidential information or Preas may be provided under a license specifically applexisting Materials, except -grant either party any ownership or other interest in confidential information or PreExisting Materials. Nothing in this Contract shall be construed to -al information or Prerespect to confidenti. No License. Except as expressly set forth herein, no license is granted by either party to the other with b remain the sole and exclusive property of the Contractor.Materials”, which shall include services) and that the same shall existing -the Contractor (collectively the “Pre software and related processes, instructions, methods and techniques that have been previously developed by acknowledges that in the course of performing the services in this Contract, the Contractor may use RPT. a PROPRIETARY RIGHTS 0ARTICLE 2 Designation for Contractor RPTDesignation for communications but shall not be official communication unless confirmed in writing. the Contractor designated to receive such communications. Telephone calls may be used to expedite RPTthe officer(s) or employee(s) of the facsimile, or by regular, registered, or certified mail addressed tomail, -Communications in connection with this Contract shall be in writing and shall be delivered personally; by e 40 110 Its____________________________ Its_________________________ ______________________________ ___________________________ Its___________________________ Mayor _____________________________ ____ Contractor: Transit Rochester Public entered into as of the day and year first written above. ContractThis 41 111 REQUEST FOR PROPSALS 42 112 . RPTof right to waive any and all requirements of this contract or specification when deemed to be in the best interest Project Manager reserves the RPT responsive. The -ient to consider a Proposer as nondeviations may be sufficMajor must be listed in the Proposal.. Compliance with specifications: Deviations from the specifications 6 the bus. the damage to such equipment is solely caused by the Contractor during the manufacture of ifresponsible, or such equipment is damaged by the failure of a part or component for which Contractor is unless, RPTthe equipment supplied by anysubject to the Warranty provisions set forth in this Contract. This provision excludes ctor or purchased from supplier and as accessories used, whether the same are manufactured by the Contra. The Contractor shall be responsible for all materials and workmanship in the construction of the buses and all 5 will bear the cost of the meeting, which shall be agreed upon in advance. RPT, RPT requested byperson meeting is -meetings will be borne by the Contractor. If an inelectronic The cost of remote .RPTof means, at the discretion y be conducted via telephone or electronic Meetings ma. electric busesfoot battery -60ontract for Ca purchase representatives upon submission of RPTPreproduction and Design Review meeting with . Preproduction and Design Review Meetings. The selected Contractor must participate in at least one 4 innovative appearance and premium amenities for the Rochester riding public. give them a distinctive, . The Contractor will submit renderings of the proposed design and aesthetic elements of the bus to iv buses.v. The Contractor shall submit a completed Vendor Compliance Matrix on the general features of the ses under this RFP.reference, along with a copy of warranty terms and conditions applicable to the buiv. The Contractor shall submit a completed Vendor Warranty Compliance Matrix incorporated herein by that are not covered in the Safety Compliance Matrix. ery electric busfoot articulated batt-60safety systems and features that are unique to the standard any of xplanationreference, along with an eThe Contractor will submit a completed Vendor Safety Compliance Matrix incorporated herein by iii. buslated battery electric foot articu-ii. Results of emissions tests conducted on the Contractor's standard 60 busfoot articulated battery electric -Results of fire safety tests conducted on the Contractor’s standard 60 i. Proposer shall submit with the Proposal the following: 3. , along with the vehicle weight. 500,000 mile test for each bus model Proposedyear and -, including a STURAA 12written materials to enable a complete evaluation of the Proposed vehiclematerials, specification sheets, brochures, diagrams, and other . Proposer shall submit reports, reference 2 in accordance with the specifications herein. and associated equipment transit buses electric that the Proposer can supply RPT1. The Proposer shall furnish written evidence satisfactory to the 43 113 ctions, Contract requirements and specifications. workmanship strictly in accordance with the instruinspection, and no inspection so made shall relieve Contractor from any obligation to furnish materials and ing the manufacturing or installment process; provided, however, it is under no duty to make such at any time durProject Manager reserves the right and shall be at liberty to inspect all materials and workmanship RPTThe 3. fabrication. resident inspectors may begin monitoring bus construction activities two (2) weeks before the start of bus ts. The the Contractor's quality assurance manager/supervisor to review the inspection procedures and checklisNo less than thirty (30) days before the beginning of bus manufacture, the resident inspectors will meet with . 2 reports, and records of defects. parts lists, inspection processing andContractor's quality assurance files related to this Contract. These files will include drawings, material standards, ’s resident inspectors will have access to the RPT ctor’s quality assurance manager/supervisor, the the Contraauthorized to approve the predelivery acceptance tests, and to release the buses for delivery. Upon request to Contractor's plant, the manufacture of transit buses built under this Contract. The resident inspectors will be will monitor, in the who ’s resident inspectors RPTwill be represented at the Contractor's plant by RPT .1 payment. information on the COI must be complete and accurate. Failure to provide the proper COI will result in delay of 06. The 94300 E. River Road, RochesterDirector of Finance, RPTmust be mailed or delivered to the . The COI RPT(“COI”) to rigin. Certificate of Origin. The selected Contractor must furnish a Certificate of O10 shall be final and conclusive. determination of true meaning and intent of any ambiguities in this Contract RPT. Interpretation of Contract: 9 .Contractorand RPT byProcurement Manager. Any changes to the Contract must be agreed upon RPTapproved by the work shall be valid unless the resulting increase or decrease in price shall have been agreed upon in writing and rk which shall increase or decrease the cost of the b. No order for any alteration, modification or extra wo Contractor to proceed with the work under protest. Project Manager may order RPTcost of any part the work and an agreement on price is not reached, the h a nature as to increase or decrease the a. If changes ordered in design, workmanship or materials are of suc order except that: delete materials within the performance of the Contract, and the Contractor shall promptly comply with such ar may order changes in the work herein required, Project Manage : . Modification of Contract8 response. responsive and may be rejected. Exceptions to the specifications must be noted on the Proposal -considered nonConditional Proposals or those which take exception to the specification may be . Conditional proposals: 7 44 114 s are no longer detected. process shall continue until defects or required adjustmentrecorded on test forms. The buses shall be retested when defects are corrected and adjustments are made. The during the road tests. Observed defects shall be riven a minimum of fifteen (15) miles . Each bus shall be d6 operated only while the bus is in motion. verify the operation of the bus as a system and to verify the functional operation of the subsystems that can be luated during road tests. The purpose of the road tests is to observe and . Total bus operation must be eva5 d. All other systems installed on the bus, as applicable. applicable.cameras, TSP, and other systems as c. Operation of all IT components and systems, including AVL, annunciator, signs and other bus systems., b. Operation of all components, doors, kneeling, lights, signals interior inspection will be performed with the side panels and access doors open for moisture detection. vehicle. The vehicle interior is inspected for signs of water intrusion. The water from entering the inside of theexterior components for their ability to keep rainwater, road splash, melting snow and slush and other exterior water test inspection to confirm the integrity of the vehicle’s body seams, window frame seals, and other Aa. delivery tests may include, but not be limited to:- in a static condition function as designed. are ready for operation, and to verify that components and subsystems that are designed to operate with the bus inspection testing is to verify overall dimensional and weight requirements, to verify that required components . Visual and measured inspections shall be conducted with the bus in a static condition. The purpose of the 3 . completionupon RPTvided to measured inspections, as well as testing the total bus operation. Test results shall be prodelivery tests shall include visual and -These pres inspector(s). RPT’plant/facility, and they shall be witnessed by hall be performed at or near the Contractor’s delivery tests and inspections of all buses s-. The Contractor’s pre 2 are those quality assurance standard checks as well as specific tests called for under this Contract.after the buses have been delivered. These tests RPTand inspecting and testing by and testing by the Contractor, its compliance with the terms and conditions herein. These acceptance tests shall include predelivery inspections 1. Fully documented tests shall be conducted by the Contractor on each bus following manufacture to determine overlooked or passed by an inspector. Manager, notwithstanding that it may have been previously Procurement RPTown expense at the order of the Any work or material found to be in any way defective shall be corrected or replaced by the Contractor at its 6. meet all of the requirements of this Contract. or of its responsibility to ’s resident inspectors in the plant will not relieve the Contract RPTThe presence of 5. conditioned. -heated and airand clothing lockers sufficient to accommodate the resident inspector staff. The office space will be properly s, file cabinet, chairs assembly area. This office space will be equipped with desks, outside and inside telephone’s resident inspectors in close proximity to the final RPTThe contractor will provide office space for the 4. 45 115 the delivery date of the bus.within four weeks after RPTshall be delivered to was electrically attached to the factory electric powerbuilt drawings, including electrical schematics that shows where added equipment -as. A complete set of i h. Buy America documentation, as applicable. g. Altoona Test Report for this vehicle (as applicable). f. Warranty information for chassis, body and additional equipment.systems.-basic vehicle and its subinspection of the e. Maintenance and inspection schedule incorporating the required maintenance and on equipment-d. Operator’s manual for vehicle and add c. Damage disclosure b. Dealer invoice a. Certificate of origin required at time of delivery: . The following documents are3 Exterior and interior cleaned and washed- Cooling system checked- All lubricants at OEM recommended levels- Battery fully charged- wheel alignment completed in compliance with manufacturer’s specifications-A four- ctedElectrical systems, brake and suspension systems inspe- All accessories properly adjusted- limited to:service and adjust each vehicle in preparation for regular transit service. This process will include, but not be , the Contractor shall RPTeptance by Prior to acc the vehicle(s) into revenue service, whichever occurs sooner.or upon placing ) days after arrival30( thirty, which will be completed no less than RPTdelivery inspection by the r the vehicle(s) will not be made until the vehicle(s) has passed specifications and ordered options. Payments foroposal P. Vehicles will not be considered delivered if they have arrived in a condition that does not meet the 2 .Rochester, MN 55906Rochester Public Transit, 4300 E. River Road, Delivery shall be to ery. Project Manager in advance of deliv RPTAlternate days and times may be approved by the a.m. to 3:30 p.m. local time, Monday through Friday.normal business hours, 7:00 RPT . Delivery. Unless otherwise specified, the buses shall be delivered to 1 authorization shall be supplied by the Contractor for signature. Such written primary resident inspector. RPT. Delivery of the bus shall require written authorization of the 8 provided by the Contractor and shall be conducted before acceptance of the bus. similar or like components and configuration. Any additional testing shall be recorded on appropriate test forms r by supplying a report of a previously performed test on process. Such demonstration shall be by actual test o evidence that prior tests have been invalidated by Contractor’s change of supplier or change in manufacturing , demand that the Contractor demonstrate compliance with any requirement herein if there is of productionmay, prior to commencement RPT attained the desired quality and have met the requirements of the Contract. . Additional tests may be conducted at the Contractor’s discretion to ensure that the completed bus has 7 46 116 such bus. c. Declare the bus not to be acceptable, requiring the correction of major deficiencies and shall reject and shall conditionally accept such bus and withhold a portion of payment per below, orcorrection of minor identified deficiencies, b. Declare the bus to be substantially completed, requiring the a. Accept the bus without identified deficiencies and place the bus into revenue service; can: RPTperiod, acceptance such Within2. delivery test (if any). -ia applied in an analogous predelivery test shall apply criteria that are different from criter-shall include visual inspection and bus operations. No post delivery-post. The RPT bus release and delivery toese tests is to identify defects that have become apparent between the time of The purpose of thbus delivered. shall have thirty (30) days from the date of delivery of a bus to inspect and make an assessment of each RPT. 1 history. etion, additional documentation may be added to the requirements of the bus Project Manager’s discr RPT’s At f. Complete record of inspection findings e. Summary detail of each test performed on the bus or any part of the bus d. Shipping exceptions and unresolved/open issues c. Shipping documents numbered components-serialb. List of all a. A list of defects noted and the disposition of each includes, at a minimum:Project Manager a history of each bus at the time of delivery that RPT. The Contractor shall provide to the 8 aterial, labor and overhead. all costs incident thereto, including m RPTreimburse should have been done by the Contractor within the intent of these specifications, the Contractor agrees to finds it necessary to perform any work on any equipment which RPT. If RPTee of all costs to same shall be frbe removed and new parts shall be furnished. The new parts furnished, including the transportation charges for Further, if any equipment is delivered incomplete or contains any defective or damaged parts, said parts shall 7. enforced. considered as being delivered, and the assessments for liquidated damages set forth herein shall apply and besaid equipment shall not be and were not listed as exceptions to the specifications,accepted by the Proposer, tion conditions and requirements as specifications as expressed herein, or do not comply with the specifica. In the event any equipment or components delivered by the Contractor do not fulfill the intention of these 6 damaged, or is not in good operating condition. he standards herein, is reserves the right to refuse delivery if the vehicle does not appear to meet t RPT. 5 upon delivery.RPT b. Title will pass to Rochestera. Delivery will be F.O.B. Destination to ontract shall be as follows:Cy and passage of title under this . FOB Point and Freight. Deliver4 47 117 service, whichever comes first. date when each bus is placed into revenue buses to be delivered shall be when the last bus is delivered or the first. When production and delivery restarts after a Force Majeure event, the Warranty period for the remaining d or on the date each bus is placed into revenue service, whichever comes acceptance of the last bus deliverethe buses being completed and delivered, the Warranty period for the partial bus delivery shall begin upon 2. In the event that production or delivery of the buses are delayed under a Force Majeure event prior to all of iod as specified on all equipment. at the time of final acceptance of the final bus buses and continuing for a perworkmanship under normal operating use and service. The Contractor shall provide such a Warranty beginning hed under the procurement shall be free from defects in material and Manager that all of the equipment furnishe Contractor hereby warrants to the RPT Project timposed on the Contractor. Consistent with this requirement, Warranties in this document are in addition to any statutory implied warranties, remedies, or warranties 1. .order RPT’s Contractor shall not exceed 5% of the total of the Retention of sums charged against the right to recover the balance from the Contractor or its sureties. Project Manager shall have RPThe charges against the Contractor, t RPTare found insufficient to cover RPTdue become due the Contractor on account of the Contract. If, on completion or termination of the Contract, monies e next succeeding payment or from any other monies due or that may from the amount of th RPTand retained by Manager shall charge any sum of money against the Contractor, the amount of such charge shall be deducted Project : When, under any provision of the Contract, 7. Retention of sums charged against Contractor reasonably. , acting RPTsuch amount until the deficiency relating to such withheld amount is corrected to the satisfaction of shall be entitled to withhold RPTand the Contractor, acting reasonably. RPTdeficiencies as mutually agreed by the identified entitled to withhold from the purchase price therefor an amount equal to the cost of rectifyingshall pay the purchase price to the Contractor in respect of such conditionally accepted bus, but shall be RPTaccepts a bus, conditionally RPTor. In the event such bus, unless written notice is otherwise provided to Contractshall be deemed to have accepted RPTplaces a bus into revenue service, RPT, or in the event RPTsuch bus to a bus within thirty (30) days after delivery of s, or rejectsconditionally acceptdoes not accept, RPT6. In the event equipment. there shall be no interpretation that the delay constitutes an unstated or constructive acceptance of the shall be not be liable for payment and RPTeptance results from poor performance of the equipment, delay in accfailure to meet specifications or actions of the Contractor's employees or subcontractors. If a or performance,prior to acceptance due to improper RPT5. The Contractor will be responsible for any losses incurred by of this contract. rms Contractor from liability for faulty workmanship or materials or for the failure to fully comply with all of the te4. Acceptance of any portion of the equipment prior to final acceptance of the system shall not release the at Contractor’s sole expense.(5) days after completion of the test. The defects detected during these tests shall be repaired by the Contractor acceptance of each bus within five -defects on the appropriate test forms and shall notify the Contractor of nonshall record details of all RPTacceptance. -delivery tests are subject to non-3. Buses that fail to pass the post 48 118 standards of the industry. The warranty also shall be void if RPT fails to conduct normal inspections and in accordance with recognized manuals and/or with workmanship performed by adequately trained personnel provided maintenance -misuse, negligence, accident, or repairs not conducted in accordance with the Contractorfailure of any part or component of the Bus that directly results from 9. The Warranty shall not apply to the maintenance items (such as light bulbs) made in connection with normal maintenance service. considered normal operating conditions for this equipment. The Warranty shall not cover the replacement and ions shall be rest with the Contractor. Temperature, humidity, bus vibration and ambient electric condituse under conditions which prevail in RPT service. The burden of proof for any negligence on the part of RPT shall equipment has been subjected to other than normal reliability; nor will said Warranty or Guarantee apply if thewithout the knowledge or consent of the Contractor and which repair or altering affected its stability and/or hat this Warranty will not apply to any equipment which has been repaired or altered 8. It is understood t category has these defects and shall ultimately experience these same failures. warranty period. The determination of a "class failure" shall assume that all equipment within its respective device in two buses provided during the period. A "class failure" is a failure of a given component and/ora degraded performance of the equipment, but does not render the equipment inoperative) during the warranty ent or failure of a given device and/or component in a unit or units which causes purpose) or malfunctions (an evcomponent in a unit or units which renders the unit or units inoperative and/or unsuitable for the intended eliminated. Excessive service is defined as three (3) failures (an event or failure of a given device and/or ice is Procurement Manager to extend the Warranty on that item until the requirement for excessive servmaterial at no expense to RPT. Should a "class failure" be involved, the Contractor may be required by the RPT d to repair or replace the apparatus, device or expiration of the Warranty. The Contractor shall be requireoperation, shall be brought to the attention of the Contractor by the RPT Procurement Manager prior to the vice or material which, in the sole opinion of RPT, requires excessive service during its . Any apparatus, de7 specified parts available from its own stock if deemed in its best interests. -utilizing parts supplied by the Contractor specifically for this repair. At its discretion, RPT may use Contractorpair the defect and any related defects covered repairs, it shall correct or re-. If RPT performs the Warranty6 Contractor delegate this responsibility to suppliers or other sources. stallation and connection of all equipment, accessories, specialties and components. Under no condition shall inaccessories, whether manufactured by it or others, used in the construction of the equipment and for adequate . Contractor shall be solely responsible for all materials and workmanship, including all specialties and 5 except as provided for herein. PT for the necessary labor and material during the Warranty period shall be borne by the Contractor and not by Rmaterial. It is expressly understood that this Warranty covers all parts and labor costs necessary and that all cost , components, devices and/or include the repair or replacement, at the Contractor's option, of equipmentlabor costs during the Warranty period. The remedial work to correct any of the potential deficiencies shall The Warranty shall cover all parts and covered repair work. -ll Warranty4. The Contractor is responsible for a .arranty Wspecific 3. The Contractor will complete the attached Vendor Compliance Matrix 3, Warranty, with its Proposal detailing 49 119 At RPT's option, the Contractor may be At RPT's option, the Contractor may be required to complete repairs.. The Contractor will provide, at its own expense, all spare parts, tools and space required to complete repairs. 61 Contractor and agreed to by RPT.efective parts as instructed by the . RPT will not take responsibility to correct Defects, except to replace d51 parts to prevent unnecessary delays.lead parts or components as needed. Contractor shall maintain a sufficient stock of high usage -acquire for longnecessary, and/or time to an agreeable repair plan and timeline, including reasonable time to engineer a repair if cost thereof. Where additional time may be required, within ten days, Contractor shall work with RPT to develop paid, the Contractor agrees to reimburse RPT for the due the Contractor. In the event the Contractor has beencost of labor and material incurred by RPT itself in making such repairs from any compensation due or to become ect Manager shall, upon written notice to the Contractor, have authority to deduct the accessories, the RPT ProjManager to repair, replace or correct damaged or defective work, materials, specialties, equipment and . In the event the Contractor fails to comply within ten (10) working days to a request by the RPT Project 41 ications herein.day period, RPT reserves the right to commence the repairs in accordance with the specif-the 10bus available to complete repairs timely with the Contractor repair schedule. If no agreement is reached within ion of a defect from the RPT. RPT will make the make the repairs, within l0 working days after receiving notificatrepairs to be performed under the Warranty. The Contractor's representative must begin the work necessary to agree on the most appropriate course for the repairs and the exact scope of the Contractor's representative will. When Warranty repairs are required, within five days after notification, RPT and the . 31 warranty period of the original subsystem. currence of the Contractor, the subsystem will have the unexpired Contractor or by RPT's personnel, with the con. If any component, unit, or subsystem is rebuilt or replaced by the . 21 shipping for RPT to return the parts to the nearest parts distribution center. the Contractor pays Contractor, or alternatively, Contractor may reimburse RPT up to $100 per claim, provided covered by the Warranty be returned to the manufacturing plant, the freight cost for will be paid for by the rcent handling costs. If Contractor requests that parts of repair and will include taxes where applicable and 15 pemust be replaced to correct the defect. The reimbursement will be at the invoice cost of the part(s) at the time . RPT will be reimbursed by the Contractor for defective parts and for parts that . 11 for the repair. These parts shall not be subject to a handling charge to RPT.time or engineer review, Contractor shall provide a written estimated timeline within three days of RPT’s request or parts that require a longer lead handling charge. Fthe request for said parts and shall not be subject to an RPT be shipped prepaid to RPT from any source selected by the Contractor within ten (10) working days of receipt of shall ble inventory of high usage and fast moving parts, whichContractor shall maintain a readily availaWarranty. RPT may, at its sole discretion, accept remanufactured parts that have the exact same form, fit and function and covered repairs being performed by RPT. -that the Contractor supply new parts for Warranty s. RPT require10 Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals. sion caused the part or component failure. RPT shall maintain documentation, auditable by the that if that omis scheduled preventive maintenance procedures as recommended in the Contractor’s maintenance manuals and 50 120 when requested. The Warranty reimbursement shall include towing, travel and all received by the Contractorare ry failure analysis no later than sixty (60) days after RPT submits the claim and defective part(s) . The Contractor shall reimburse/respond to the Warranty claim with an accept/reject decision including 52 reporting standards.% as per FTA XX.Xand the fringe rate is XX.XXunder FTA reporting standards. Current RPT base wage rate is $determined RPT’s Warranty rate charged will be actual wage rate plus average fringe rate as .. 42 errors or omissions by RPT, actual hours shall be used unless otherwise agreed to by RPT. 20% of the Contractor’s Standard Repair Time and is not due to exceeds the Standard Repair Time by more than Repair Time for reimbursing RPT for labor. If the actual, documented time spent for repairs performed by RPT . Upon advance written agreement between RPT and the Contractor, the Contractor may use its Standard 32 was in the normal service area. at the time the defect correction is made if such action was mechanically necessary and if the bus service garage the time the work is performed. The wage and fringe benefit rates shall not exceed the rates in effect in RPT’s hour, straight wage rate, plus actual fringe benefits adjusted for RPT’s most recently published rate in effect at current per hours actually required to correct the defect by the -determined by multiplying the number of labor . RPT will be reimbursed by the Contractor for labor. The amount will be . 22 repairs on Contractor’s vehicles.cumenting warranty . A Contractor’s customer warranty dashboard or portal is an accepted process for do 21 insurance, to ship repaired or replaced items to RPT shall be at the expense of the Contractor. expense of the Contractor. The shipping costs, including packing and as provided for herein shall be at the shipping costs to return such items to a service location nominated by the Contractor for repair or replacement . Labor costs for RPT to diagnose and to exchange faulty components, subassemblies or equipment and the 20 in RPT’s service garage at the time the defect correction is made.in effect effect at the time the work is performed. These wage and fringe benefit rates shall not exceed the rates at a straight time wage rate plus fringe benefits and overhead adjusted for RPT’s most recently published rate in e determined by RPT for a technician . RPT shall be reimbursed by the Contractor for labor. The amount shall b91 reimbursement by the Contractor. repairs that are clearly beyond the scope of RPT's capabilities. The work may be done by RPT's personnel with aler, to perform Warranty covered representative, including an equipment supplier or designated authorized de. At its option, RPT or its designated representative may require the Contractor or its designated 81 designee.vider, unless otherwise agreed to by RPT Director of Maintenance or party pro-facility, which may be a third than 10 days to complete. Work estimated to exceed 10 days must be completed at the Contractor’s designated RPT will provide shop space for Contractor to complete Warranty repairs for work that will not take longer . 71 RPT's property, repair procedures must be diligently pursued by the Contractor's representative. required to remove the bus from RPT's property while repairs are being effected. If the bus is removed from 51 121 Cooling systems Power steering hydraulic or electric systems Fire suppression Charge air cooler Wheelchair lift and ramp system Air dryer Air compressor stems A/C unit and compressor Heating, venting Destinate signs Brake system two (2) years or 100,000 miles, whichever comes first. Items included as major subsystems include:anted to be free from defects and related defects for a period of Major subsystems shall be warr . 30 completely repaired.$250.00. The contractor will continue to provide a substitute vehicle(s) or reimburse RPT until the defect is ost of leasing a substitute vehicle. The maximum daily reimbursement will be or directly reimburse RPT for the c defect, the Contractor will, at the Contractor’s option, provide a substitute transit bus of equal seating capacity ame and suspension defect is out of revenue service for 35 or more calendar days because of the reported frdefect, the Contractor will begin the repair of the frame and suspension defects. If the bus with the reported suspension failures will be the responsibility of the Contractor. Within 25 calendar days from notification of the bus. Repair of frame and calendar days, the Contractor will inform RPT on how the Contractor will repair the or shows indication of imminent failure, RPT will immediately notify the Contractor of the said defect. Within ten If the frame or suspension fails whichever comes first. failure for a period of twelve (12) years or 500,000 miles, of the suspension are warranted against corrosion failure and/or fatigue sufficient to cause a Class 1 or Class 2 carrying members of the bus structure, including structural elements -Primary load . 92 fects for two (2) years or 100,000 miles, whichever comes first.warranted to be free from defects and related deBody, body structure, structural elements of the suspension and battery compartment are . . 82 locale. anty is based on regular operation of the bus under operating conditions prevailing in RPT’s is earlier. The Warrwhichever comes first, beginning on the date of revenue service, or thirty (30) days after acceptance, whichever structure are to be warranted free from defects and related defects for twelve months or 50,000 miles, d body and chassis The complete bus, propulsion system, components, major subsystems an. . 72 unless the Contractor has failed to respond within five (5) working days. provided or authorized parts are not used for the repair, -hall not be warranted if Contractorthe original. Repairs sconcurrence of the Contractor, the component, unit or subsystem shall have the unexpired Warranty period of . If any component, unit or subsystem is repaired, rebuilt or replaced by the Contractor or by RPT with the 62 nty period. quarter throughout the entire warraoutside of the RPT service area. The parties should reconcile all outstanding Warranty claims at least once per related expenses, as applicable, if the repairs required the bus to be towed to and from an OEM repair shop 52 122 Contractor will allow an extension of an additional 30 days from the date of the failure to file the Warranty claim. Contractor within 30 days of the date of the failure of the pending claim. process a claim, RPT will notify therequires additional time to diagnose and evaluate the scope of the failure. If RPT requires additional time to . RPT shall submit Warranty claims within 30 days of the date the failure, unless the nature of the failure 73 warranty not later than start of production. The superior warranty shall not be administered by the Contractor. d herein. The Contractor shall provide a list to RPT noting the conditions and limitations of the superior . The Contractor shall pass on to RPT any warranty, offered by a component supplier, that is superior to that 63 specifications that may arise during the Warranty period.ff in the solution of engineering or design problems within the scope of the on request to assist RPT’s sta. The Contractor shall, at its own expense, have a competent engineering service representative(s) available 53 part or component for which the Contractor is responsible. as such equipment may be damaged by the failure of a by RPT such as fare collection equipment, except insofar out items and items furnished -. The Warranties shall not apply to scheduled maintenance items, normal wear43 to obtain from the OEM an extension to the warranty period equal to the delay the Contractor will work with RPTmaterials, or workmanship, and such repairs or modifications are not completed within thirty (30) calendar days, . If, during the Warranty period, repairs or modifications on any bus are necessary due to defective design, 33 nties shall be itemized at the time of Proposal. warracomponent manufacturer warranty, such as propulsion system components, axles, etc. Costs for extended extension is applicable to items covered under the Manufacturer’s Warranty, and or any individual major r as part of its Proposal submission. This paragraph, at an additional cost to be quoted by the manufactureContract, to extend the above Warranty for one (1) or two (2) years beyond the one year as noted in the above shall have the option, exercisable within one (1) year subsequent to award of the . The RPT Project Manager 23 for each component.Contractor will provide an itemized list of components eligible for an extended warranty and the terms and cost An extended warranty for select components may be purchased at an additional cost. . 31 Multiplex system Electric fan system Corrosion protection Paint and decal provisions Beltless alternator Propulsion system, including battery storage and controls Communications equipment including cameras and video recorders Surveillance system, Passenger seating (excluding fabric) Transmission cooler Radiator 53 123 capacity at the beginning of useful expressed as a percentage of remaining battery capacity as compared to gross batteries can no longer provide the energy or power required to meet the design operating profile. It is is a measure of battery degradation determined as the point at which the Warrantable End of Life (WEOL)into service, or when the warrantable end of life reaches 80%, whichever occurs first. The high voltage battery voltage battery system will be warranted for a minimum of six years from the time the bus is placed -1. The high vice to such items as seats, lights, and interior trim. of normal wear and tear in serFleet Defect Warranty provisions will not apply to damage that is a result .44 compliance with the Contractor's recommended normal maintenance practices and procedures. -noncts caused by The Fleet Defect provisions will not apply to bus defe . 34 The Warranty on items determined to be Fleet Defects will be for the remaining term of the original Warranty. potential or defective parts in all of the buses. work program will include inspection and/or correction of the designed to prevent the occurrence of the same defect in all other buses purchased under this Contract. The efect, the Contractor will promptly undertake and complete a work program reasonably After correcting the DThe Contractor will correct a Fleet Defect under the Warranty provisions herein. . 24 as an identical defect occurring in two or more of twelve buses delivered. s Contract, a Fleet defect will be defined occurring in the Warranty period in a specified number of buses. For thiA Fleet Defect is defined as the failure of identical items covered by the warranty and . 14 working days after receipt of notification by the Contractor. ithin five resolved between RPT and the Contractor. Work necessary to effect the repairs will commence wproperty. At that time, the status of Warranty coverage on the subsystem or component will be mutually ctor's representative or is removed and examined at RPT's subsystem or component is inspected by the Contrarepresentative will either agree that the defect is in fact covered by Warranty, or reserve judgement until the or's representative. Within five working days after receipt of notification, the Contractor's ContractIf RPT detects a defect with the Warranty periods. it will promptly notify the .. 40 working hours.recommended in the contractor's maintenance manuals. Maintenance records will be available during normal nce procedures as will also be void if RPT fails to conduct normal inspections and scheduled preventive maintenamanuals and the workmanship was in accordance with the recognized standards of the industry. The Warranty s were in accordance with the contractor's maintenance performance or reliability, except insofar as such repairto misuse, negligence, accident, or that has been repaired or altered in any way so as to affect adversely its The Warranty will not apply to any part or component of the bus that has been subject .. 93 to protest and appeal procedures contained in these specifications and voiding of warranty.by warranty subject further agrees that the RPT is the final determining authority as to what defects are covered that they are solely responsible for the subcontractor’s full compliance with these specifications. The Offeror ranty repairs, the Offeror agrees and understands . Should subcontractors be used to provide or perform War83 54 124 discretion. s’RPTorder at separate from the base bus bid and added to the for the diagnostic tools shall be available diagnostics. Cost, tools, and other items to enable maintenance staff to fully utilize the cables, readers, list of codessoftware, personal computers, 1. Contractor shall provide all maintenance diagnostic equipment for the vehicles, including period of the delay in received parts.the hereunder, and for no other purpose. If parts are not received, warranty on the bus will be extended for will be for its ole use with regard to the buses procured RPTand manufacturing documentation provided to . Contractor’s design RPTt received by the numbers, and contact persons’ names for all of the specific parts noContractor and original supplier’s and /or manufacturers’ parts numbers, company name, addresses, telephone the design and manufacturing documentation for those parts manufactured by the verbal or written request,’s RPT, within seven (7) days of RPT(30) days of the agreed upon delivery date, then the Contractor will provide to are not received within thirty RPT. Where the Contractor fails to honor this parts guaranty or parts ordered by 5 . RPT contact person’s makes for all specified parts not received by es, telephone numbers and ddress manufacturers’ parts numbers, company names, addresses, telephone a’s verbal or written request, the original suppliers’ and/or RPThours of 24 , within RPTContractor will provide the service due to lack of said ordered parts, then the -of-and a bus procured under this Contract is out time/dateare not received within two (2) working days of the agreed upon RPT4. Where the parts ordered by the 3. Prices will not exceed the Contractor’s then current published catalog prices. assurance provisions of this Contract. 2. Parts will be interchangeable with the original equipment and be manufactured in accordance with the quality ate of award. fifteen (15) years after the dand all equipment necessary to maintain and repair the buses supplied under this Contract for a period of at least 1. The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts, software, measurement data and agree on a common measurement for declaring the WEOL. the third party consultant will meet to discuss RPT, the Contractor, and or Battery Manufacturer’s WEOL, standards to determine an accurate WEOL. If the WEOL varies by more than 5% from the Contractor’s available termining the WEOL. The consultant will be required to use industry best practices and all (“SOH”) when de 3. RPT, may, at its discretion, engage a third party consultant or expert to evaluate the Battery State of Health reserves the right to negotiate terms and conditions of Proposed Warranty.onditions at the time of Proposal submittal. RPT 2. The Proposer shall submit its Battery Warranty terms and c condition for battery replacement and to potentially initiate Warranty claims.hr and is used in the overall calculation of mileage range. WEOL shall be used as a /beginning capacity, i.e. kWe storage device. This measure shall be a percentage of remaining useful capacity based on degradation from thlife. For purposes of this specification, WEOL shall be a measure of the useful and intended life of the energy 55 125 •All ground points control area network. •All CAN wiring diagrams. of all electric and electronic components. busout, plus locations in the -actual cable laychematic diagrams and schedules for wire and cable sizes and ratings including •Complete wiring and s •All preventive maintenance, lubrication and adjustment requirements. , and HVAC units. propulsion componentscomponents, including developed troubleshooting guide covering all mechanical, electrical and electronic -•A complete, well •General vehicle information and specifications. Operating and Repair Publications • including but not limited to the following: he buses 5. Manuals shall contain data required for preventive and corrective maintenance of all parts of t 5 Bus Pneumatics Schematics 5 Bus Electrical Schematics 3 OEM Video System Manuals 3 OEM Destination Sign Manuals 3 Parts Price List 3 Parts Manuals 5 for every bus Operators Manuals 3 Maintenance Manuals sections separated as follows:ring binders with the -. Manuals shall be delivered in threewithin 30 days of the last bus of the order is delivered order the Contractor prior to acceptance of the first bus to be delivered at the property issuing the purchaseDetailed maintenance, parts and operator manuals covering all items built on the coach shall be supplied by 4. Warranty Battery Thermal Management n Driver’s Orientatio AC Maintenance Pneumatic System Multiplex System HVAC Diagnostic Reader Electric System Air Brake System Entrance Door Operation Rear Suspension Front Suspension on CD or DVD with periodic updates and changes to all manuals: RPTto PowerPoint presentation he Contractor shall deliver the following training videosWithin thirty days of the first production bus, t. 3 y provide sample manuals at the time of Proposal submittal.ma Contractoracceptance of the vehicle. for a period of three (3) years after the date of RPTkeep manuals up to date and available to the ontractor shall Cand OEM chassis as well as a complete parts manual for each component. The systempropulsion e the ontractor shall have available complete bus maintenance manuals to includCd. The vehicle of the order.within four weeks of delivery of the last installed, complete with wiring codes for each vehicle orderedcircuits electrical equipment and electrical built” electrical wiring diagram covering all -A complete “as c. b. A detailed manufacturer’s parts list. a. A complete set of operating instructions, troubleshooting guide, inspection and service guide. tion clearly identified. binder format with each secring -2. The following shall be provided at the time of delivery. The information shall be organized in a three 56 126 delivery -arts and maintenance manuals due to warranty and/or postfound by NTD. Changes required to the pdelivery retrofits authorized or requested by the Contractor and to correct all errors and omissions -and postduring production bus8. Maintenance and parts manuals must be updated to include all changes made to the 7. The Contractor shall provide updated serial numbers resulting from warranty campaigns. •Roof panel front/rear •Driver’s seat •Overhead driver keyboard /left •Axle bunk right •Front/rear axle •Steering box •Hydraulic pump •Radiator •Mobility device/wheelchair ramp •Air compressor Auxiliary heater• •Power steering unit •Drive axle •A/C compressor and condenser/evaporator unit system propulsionf the •All major subcomponents o each bus to facilitate warranty tracking. The list shall include, but is not limited to the following: Upon delivery of each bus, the Contractor shall provide a complete electronic list of serialized units installed on Numbers 6. Serial dimensional drawings of bus and graphics and part number for all graphics. -Three• level including part number and supplier source. List of special test equipment and tools required to maintain and repair systems down to the component • Repair and calibration instructions and v• panels and equipment locations (to be approved by NTD). 11 in. x 17 in. scale drawing of driver’s compartment, detailing all driver switches, controls, control • Seating and stanchion layouts and window diagrams. • Body and structural information and material specifications for major accident repair. • in information as required. -runout plus servicing, adjusting, testing, and -illustrated procedures for component change-Detailed, well• e components Rebuilding procedures for all rebuildabl• •Components shown in exploded views with all parts clearly identified including Contractor part number. relationship to each other as mounted in the buses. exploded views or photographs identifying components in •Illustrative drawings, such as isometrics, to match systems. The air system diagram shall be 11 in. x 17 in. CAD drawing with color coding, using actual printed colors of all air and hydraulic components. busd hydraulic diagrams showing locations in the •Complete air an 57 127 system securement. Troubleshooting of the ramp/iv adjustment procedure securement. Proper ramp/iii electrical system securement. Explanation of the ramp/ii system, and location of all components securementExplanation of the ramp/ . i securement. Wheelchair ramp/d ance of the air conditioning systemPreventative mainten . v Troubleshooting the air conditioning system iv. maintenance Explanation of the air conditioning compressor along with troubleshooting and preventative . iii Explanation of the air conditioning electrical system . ii componentsExplanation of the air conditioning system and location of key . i . Air Conditioningc . Decals of electrical schematics on all electrical panelsviii . Electric cooling fan systemvii Operation of the multiplex system . vi ingExplanation of the safety shutdown system, including warning indicators and troubleshoot . v . Explanation of the exterior and interior lighting systems along with basic troubleshootingiv Explanation of the charging system and basic troubleshooting. iii Explanation of the wiring diagrams and wiring codes . ii Location of all key electrical components . i . Electrical and Electronicsb . Special components or featuresiii Compartment by compartment tour of the bus . ii busVisuals of the production of the . i . Orientationa The training program should include, but not be limited to, the following:Project Manager. Operations Center on the days and times agreed to by RPTshall be provided at the Training ements. on vehicle components and maintenance requircalendar days of the delivery of the first bus within 180 technicians RPTtraining for maintenance provide a separate price forThe Contractor shall . 11 components as well as to their locations in the buses.l assure interchangeability among buses in this procurement. This interchangeability shall extend to the individuasuppliers or manufactured by the Contractor, shall be duplicates in design, manufacture, and installation to this Contract, whether provided by 10. Unless otherwise agreed, all units and components procured under . busacceptance of the last following fifteen (15) years 9. Software updates to maintenance and parts manuals shall be available for tractor’s then current published catalog prices. Conmanufactured in accordance with the quality assurance provisions of this contract. Prices shall not exceed the will also be suppled as price changes. Parts shall be interchangeable with the original equipment and be . Revised parts price lists buslast available from the Contractor for fifteen (15) years following acceptance of theretrofits shall be completed within ninety (90) days from the date of modification approval. Manuals shall be 58 128 i. Compartment by compartment explanation 2. Walk around inspection iv. Door control iii. Seat adjustment ii. Warning indicators and switches i. Controls and switches 1. Operator Compartment ’s option)RPTfor maintenance employees (this module is at the Bus operation overview. k Explanation and training on the warranty . v Practice finding parts in the manual . iv Orientation to the bus and components . iii Explanation of the parts numbering system .ii Explanation of the parts manual . i ’s option)RPT. Parts (this module is at j Troubleshooting the door systems . v ilding door motorsRebu . iv Proper door adjustment procedures . iii Explanation of the door electrical system . ii Explanation of the doors system and components . i . Door systemi Basic repair of the exterior panels . ii attachment method of exterior body panelsExplanation of the body and . i . Body h Ride height adjustment procedures . vii Explanation of the axles . vi Troubleshooting of the steering system . v Explanation of the steering system . iv Trouble shooting of the suspension system . iii Basic repairs to the suspension system . ii Explanation of the suspension system . i . Suspension, Steering and Axlesg Preventative maintenance of the air system . iii roubleshooting the air systemT . ii system, location of system componentsExplanation of the air . i . Air Systemf . ABS & traction controliii . Basic brake system repair, including brake adjustmentii Explanation of the brake system . i . Brakese 59 129 may hold the Contractor responsible for RPTTherefore, Contractor understands and agrees that thereby. will be damaged RPTontract or any extension thereof, Cied in the complete the Work within the time specifwith respect to the completion of the Work and that in case of any failure on the part of the Contractor to It is mutually understood and agreed by and between the parties to the Contract that time is of the essence 1. breakdown information is approved.part assembly using furtherdelivery of the last bus, New Flyer will provide a more inclusive Parts Provisioning List day pricing information is approved. Upon -part number, item description, stocking status, lead time and 30during the fist bus delivery, that includes New Flyer’s request to provide a first bus Recommended Stocking List inventory items.-time, and estimated annual usage and include both inventory and non the vendor’s name and address, vendor part number, full part description, unit cost, anticipated lead identifying within six (6) months after buses are placed in revenue service. The list must detail parts to maintain the fleet, The Contractor shall submit at the time of Proposal a list of recommended Consumable Spare Parts necessary time of Contract award.the right to negotiate final spare parts package, including final quantities and costs at the s RPTperiod. The Contractor shall provide pricing of major parts and components that may be purchased during the Contract iii. Climate control system ii. mirror adjustments i. compartment by compartment explanation . Walk around inspectionb Door controliv. iii. Seat adjustment ii. Warning indicators and gauges i. Controls and switches a. Operator Compartment necessary. The training shall include, but not be limited to:e classroom and driving sessions as subsystems on the bus. The training session for the Trainers will includSupervisors who will in turn orient Bus Operators on how to inspect, safely drive the bus, and operate all training session for the designated Train the Trainer separate price for a . The Contractor will provide a12 iv. Backing iii. Transmission shifting patterns and driving with the retarder ii. Brakes i. Turns Information3. Driving i. Climate control systemii ii. Mirror adjustment 60 130 the Contractor under the Contract, computed as aforesaid. If the monies due the Contractor are insufficient or to deduct the amount of the damages from money due RPTher authorizes and furt RPTnot by way of penalty, to amages, and Diquidated LThe Contractor hereby agrees to pay the afore stated amounts as fixed, agreed and 7. ontract.Cclause in this Force negligence of the Contractor as defined in the without the fault orout of causes beyond the control and or performance arises delivery ,amages when the delayDiquidated LThe Contractor shall not be charged with 6. shall be in addition to excess costs under the Termination clause.Diquidated Lor services. The may reasonably obtain delivery or performance of similar supplies RPTamages accruing until the time Diquidated Lthat event, the Contractor shall be liable for fixed, agreed, and ontract and in Contract in whole or in part under the Default clause in this CManager may terminate this Project RPThe tdelivery or performance is so delayed, accepts the Contractor’s timeline and RPT, after fI b. r. provision is $200,000 per bunder this RPTed to the Contractor by The maximum amount of Liquidated Damages that may be assess ($150.00) per bus per weekday. working day (this does not include weekends or holidays) of delay the sum or one hundred fifty dollars a fixed, agreed, and liquidated damages, for each RPTy to Contractor shall, in place of actual damages, paontract, or any extension, the CIf the Contractor fails to deliver the buses within the time specified in this a. Buses: ElectricFor 5. manuals, not each manual) not delivered. manuals or maintenance twenty five dollars ($25.00) per weekday per item (item is defined as all parts Procurement Manager shall asses as Liquidated Damages the sum or RPTand schedules specified, the ining sessions or receipt of maintenance manuals are delayed beyond the dates In the event that either tra a. For Training Sessions or receipt of maintenance manuals: 4. per weekday. item.00 per 25delay the sum of $fixed, agreed, and liquidated damages, for each working day (this does not include weekends or holidays) of a RPTspecified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to or perform the services within the time , maintenance manualsIf the Contractor fails to deliver the supplies .a :, including training sessions or receipts of partsservices, or research and development upplies,For s3. within such extensions of time allowed. or equipment, or provide the service(s) within the time fixed for deliverybecause the Contractor failed to deliver, install and have operating the RPTdamages sustained by the d a penalty, but as the agreed monetary accrued Liquidated Damages. Such deduction shall not be considerefixed for delivery, installation and complete operation and extensions of time allowed, a sum representing the from any money due or to become due to the Contractor subsequent to such time There shall be deducted2. Project Manager. RPTdelivery or such extensions of time as have been allowed in writing by the operation of the equipment, service, or supply is delayed beyond the expiration date of the time fixed for nstallation and complete damages in the amount hereinafter fixed for each and every day during which delivery, i 61 131 the obligations referenced in this clause in a timely manner.the failure of the Contractor to fulfill arising at any time from RPTany kind whatsoever that may be suffered by profit, loss of revenue, loss of use, or for any other direct, indirect, special or consequential loses or damages of iquidated damage shall be in lieu of any damages for any loss of LThe payment of aforesaid fixed, agreed and 8. Manager.Procurement RPT may be the case, within thirty (30) calendar days after receipt of a written demand by the ce or the entire amount, whichever the differen RPTno monies are due the Contractor, the Contractor shall pay 62 132 roposal form is incomplete or conditional; (6) a member of a Proposal form is not properly executed; (5) the P(4) the adds provisions reserving the right to reject or accept the award or enter into the Contract; Proposerany unauthorized additions, deletions, alternatives, or conditions except those listed in the exceptions; (3) roposal form contains Pd; (2) the completed roposal form or format furnished is not used or is alterePauthorized discretion that it is in its best interest to accept the irregularity and none of the following has occurred: (1) the determines in its sole RPTresponsive and may be rejected unless -onroposal may be considered nPA 3. integral to the vehicle design.it is also helpful to note if that part is proceeds, proposer should list that as an exception. As the BAFO process he , thouse-with a part from a different manufacturer or manufactured in the proposed vehicle works bestpecification lists a specific part and Schnical Tethe ifBAFO process with clarifications as needed. For example, Minimum acceptable technical specifications are contained in the section Technical Specifications. This is a 2. correspondence and meetings, will be kept confidential during the evaluation and negotiation process.ions of the proposals and any discussions/negotiations, including documentation, All aspects of the evaluat1. necessary.to include available optional equipment as it deems RPTaward and pricing for the buses may be negotiated by ontract Cde required documentation in support of its quoted prices. The final successful Proposer agrees to provi. In order to assist the agency with such analysis, the RPTA Cost analysis may be performed as appropriate by 2. Evaluation described above. . Such optional equipment costs will not be used in the Cost Proposal RPTe ththe first buses are delivered to buses offered in the Proposal. Prices quoted for optional equipment shall remain firm for 180 days from when The Proposer will submit on a separate form, a listing of available optional equipment with unit prices for the 1. Manuals may be electronic. l. maintenance manual, and one operating manua roposal one parts manual, onePare required to submit with their sProposer ii. .Proposer’s standard list of references is acceptable the United States. operating with similar type vehicles in transit systemsof listrepresentative Proposer shall submit a ii. Contract in a responsible, timely, and satisfactory manner. the skill and experience and the necessary facilities and financial resources to perform the roposer has P that the RPTve to the satisfaction of roposer may be required upon request to proPreserves the right to award the Contract based on the negotiated procurement process. The RPT i. 1. . A 63 133 as follows:he requirements are tto not be considered for the competitive range. RPTrequirements, may be determined by s not to meet these requirements, and may not be made to meet these find RPTroposal that Pof importance. Any competitive range. All of these requirements must be met; therefore, they are not listed by any particular order roposal to be considered for the PThe following are the minimum requirements that must be met for a accordance with the requirements and criteria specified in “Proposal Evaluation Criteria”.roposal will be evaluated in P process.t to award without the BAFO can op RPTroposal the P. Should a Proposer offer a significantly better first erPropos r’s references and its own knowledge of the inquiry of RPTa BAFO and information resulting from , information submitted in RPTformation submitted upon request by roposal, any inPinformation submitted in the responsibility will be made upon the basis of initial Proposer’s acompetitive range. Final determination of finds not to be responsible and finds cannot be made to be responsible may not be considered for the RPTProposerroposals from PProposers“Qualification Requirements” to determine the responsibility of Proposals will be evaluated in accordance with requirements of . I. Evaluation Criteria”. based on consideration of the evaluation “Proposal RPTin the best interest of infeasible and is judged to be render this procurement financially , qualified under “Qualification Requirements” which does not Proposerwill select for any award the highest ranked proposal from a responsible RPT“Proposal Evaluation Criteria”. t accordance with all of the evaluation criteria and procedures specified in Evaluations will be made in stric6. under the criteria of “Proposal Evaluation Criteria”.roposal are subject to evaluation Preservations or understandings which do not result in the rejection of the Proposal Deviation”. Any such conditions, exceptions, forms and according to the instructions of “Form for except such conditions, exceptions, reservations or understandings explicitly, fully and separately stated on the has accepted the whole of the Contract documents, Proposer roposal will signify that the PSubmittal of a 5. shall pay close attention to and strictly follow all instructions. ProposersTherefore, roposal form and organization specifiedPthat the detailed evaluation forms and procedures will follow the same are advised sProposerto provide any missing information and to make corrections. Proposer right to request areserves the RPTmay be rejected as insufficient or not be considered for the competitive range. and do not include the required hese Contract documents. Proposals that do not comply with tProposals will be analyzed for conformance with the instructions and requirements of the Proposal and 4. . RPT) other reasons deemed material to 8osal form entries are not made in ink or typed; or (ropPmay be rejected); (7) roposals Proposals for the same project (if such an instance, both Pjoint venture and the joint venture submit 64 134 th parties for inspection of a demonstration vehicle.arrangements agreed upon by boofficials or make other RPTfor inspection by RPT’s location on a date(s) specified by RPTrequested to (s) within the competitive range may be required to provide a demonstration vehicle similar in design 7. Proposer s.oserProps will not be told of their rankings among the other Proposermarketplace or unacceptable. roposed prices may be considered to be too high with respect to the Pfurther consideration, except that the ecific financial requirements they must meet to gain will not be given a specific price or sp Proposers. Proposersroposals from other Pabout any of the ProposerNo information, financial or otherwise, will be provided to any 6. roposal to be outside the competitive range.Pto find such RPTmay cause do so failing to Proposerroposal and remove said conditions and/or exceptions; and any Pto amend its Proposershall have the right to reject any and all such conditions and/or exceptions, and instruct the RPTHowever, s may be negotiated during these meetings. Deviation”, said conditions, exceptions, reservations or understandingexceptions, reservations or understandings to any Contract requirements as provided in “Form for Proposal roposal, which has been included in the competitive range, contains conditions, PIn the event that a 5. and any facet of its proposal.to discuss answers to written or oral questions, clarifications, RPTfor a private interview(s) and discussions with may be invited Proposerquestions and/or requests for clarifications provided to them in writing. Each such any within the competitive range, or may be reasonably made to be within the competitive range, will be notified and to be RPTroposals are found by Ps whose Proposer4. validity of the Contract. deemed to affect the’s failure to give notice shall not be RPTwill attempt to give notice promptly after Contract award. RPTwriting. in the competitive range, and cannot be reasonably made to be within the competitive range, will be notified in RPTroposals that have been determined by P Proposers. competitive range.roposals are within the competitive range, or may be reasonably made to be within the Pdetermining which of roposals and Pmeans of judging the overall relative spread between as a RPTriteria will then be made by Cvaluation Eroposal against the PRankings and spreads of the d. finds to be within the competitive range. RPTProposerdiscussed in any meetings with s and to be Proposerication by note of questions, issues, concerns and areas requiring clarifwill make specific RPTdeficiencies that may render a proposal unacceptable will be documented. out and document its evaluations in accordance with these specifications. Any extreme proposal will carry RPTfinancially feasible. procurementroposal price might be reduced to render the Psuch financially infeasible, or it is reasonable that procurementProposal price would not render this .c meet these requirements.n be sufficiently modified to roposal caPwill waive or that the RPTto be either a defect that RPTroposal can be evaluated. Any deficiencies in this regard must be determined by Psuch that the roposal and included sufficient detail information Pr has followed the instructions of the .b requirements. Final determination of responsibility will be made with final evaluations.roposal can be modified to meet said Pfinds it is reasonable that said RPT Requirements”, or th the requirements of “Qualification is initially evaluated as responsible in accordance wi Proposer .a 65 135 General conformance with technical specifications following:Evaluation of the vehicle characteristics includes, but is not limited to, the ( . a support and training, as well as price and technical aspects in order of priority are as follows:iority, delivery time, service not be necessarily made to the Proposal with the lowest price. Technical supermeets the established criteria listed herein. Price shall be a factor in the award decision, although the award may RPTrm or firms whose Proposal, in the opinion of the The award of this Contract shall be made to the fi2. evaluation criteria.to consider a Proposal to be outside the competitive range, will be evaluated according to the respective RPT rately stated on the “Form for Proposal Deviation” which do not cause understandings explicitly, fully and sepamake any selection of a Proposal for a potential award. Any exceptions, conditions, reservations or responsible Proposals will be evaluated and ranked for the purposes of determining any competitive range and to d The following are the complete criteria, listed by their relative degree of importance, by which responsive an1. solicitation of any BAFOss or Proposerriteria, without conducting any written or oral discussions with any Cvaluation Ebased upon the s best interests RPT’in whose proposal it judges to be Proposer reserves the right to make an award to a RPT11. defined in the “Proposal Evaluation Criteria.”e of the criteria and considered according to the relative degrees of importanc RPTwill again be evaluated by criterionroposal modifications made by the BAFOs. These final scores and rankings within each Paffected by any he initial scores for any criteria which have been will make appropriate adjustments to t RPT Selection Process”. “Proposal ’roposalsPaccording to the same requirements and criteria as the initial RPTBAFOs will be evaluated by in its BAFO shall be identified in its BAFO. Proposerroposals made by a Pal Any modifications to the initi10. will be construed as their BAFO. Proposalimmediate previous s do not submit a BAFO or a notice of withdrawal and another BAFO, their ProposerNotice that if .e awals of proposals provisions of the Request for Proposal;withdrby an explanation as to why it is not, and is subject to the late submissions, modifications, and specified for the receipt of BAFOs signed by the person who submitted the BAFO or accompanied FO is submitted, it must be received by the date and time Notice that if any modification to a BA .d reasonable opportunity for preparation of the written BAFOs; A common date and time for submission of all written BAFOs, allowing a .c Notice that this is the opportunity for submission of a BAFO; .b Notice that discussions/negotiations are con .a it shall include: requested,requests. If a BAFO is RPT’s roposal and make its BAFO based on Ps in the competitive range may be afforded the opportunity to amend its Proposercompleted, each of the have been s within competitive rangeProposerAfter determination of those Best and Final Offers (BAFO). 9. has supplied the same or similar equipment. Proposerand/or other transit systems from which the ’s facilities Proposerreserves the right to conduct factory visits to inspect the RPTFactory and Site Visits. .8 66 136 The Proposer’s performance on similar contracts; References includes, but is not limited to: ’s history Evaluation of Proposer understanding of the project, completeness of the ProposalGeneral drawings and other technical materials. Completeness, clarity and format of maintenance, parts and operating manuals, price lists, of refresher training, online course materials, etc.Training for new components, availability vailability and qualifications of the field service support staff and engineering staff.A Freight costs for parts Battery replacement plan market field service support and quick replacement parts. -after Quality and availability of e. Cost and availability of spare parts d. Test Results, safety and maintenance factors c. History of performance of the Proposed vehicle corrosion protectionb. Vehicle Able to meet the intended usea. of RPT’s project.meeting the goals a coatless experience, presentation of aesthetics, re, innovation, The Proposer’s design .Value may be used as part of this criteriaBest . RPTevaluated on its overall relationship to being most advantageous and favorable for important determinant for award, but not the sole consideration. Price shall be anPrice is Warranty provisions Vehicle Safety Questionnaire response Vehicle Questionnaire response Overall durability mandatory options-nonPowertrain and HVAC system, capacity, cold weather provisions Operating characteristics Suspension system, chassis materials, durability , serviceability of componentsMaintainability Accessibility for maintenance accessibilityequipment, overall ADA Seating capacity and interior layout Battery system capacity, ability to meet service requirements , including drawingsVehicle construction and system design 67 137 Proposer’s economic standing in the industry and the strength of its financial resources.The The character, reputation and engineering capabilities of the Proposer; the Proposer;The amount of effort required by other transit properties to secure satisfactory performance from supply requirements on other contracts;rranty, repair and parts The Proposer’s demonstrated commitment and capability to satisfy wa 68 138 experiencing the defects and the length of time the buses were out of service. will provide specifics on the defects, state the number of buses Proposerto be removed from revenue service. The years (4) actured in the past four will state all fleet defects which have caused their transit buses manuf ProposerThe Major Fleet Defects 2. of buses to guarantee that if frame and/or body defects occur, they will be promptly repaired. of the value (20%) percent twentye bond equal to ontract award, a ten year performancCto post, at the time of RPTwill be required by the Proposerhas been in business for four or less years, the Proposerand/or body defect or if the years have experienced a frame (4) buses manufactured in the past four(2%) If more than two percent b. the defect was reported and the date the corrections were made. will clearly state the time Proposercorrection made, and the length of time the buses were out of service. Also, the with the defect, the detail the name of the transit system experiencing the defect, the number of buses involvedwill Proposerframe members, broken or loose mullions, and/or center frame of the bus. The -failures in the floor, Aremoved from service. This definition includes either the frame or body of the bus which has caused a bus to be means any manufacturing or design defect in RPTwhich have experienced a structural defect. By structural defect, years (4) in the past four Proposerfoot transit buses manufactured by the 60 RPTwill inform ProposerThe Structural Defects .a requires the following information: RPTproposed buses. In particular, Manufacturer’s the to evaluate the maintenance history of RPTwill submit sufficient information to allow the ProposerThe 1. roposal. P's Proposersubmitted with the -. This vehicle information questionnaire must be requestionnaire is completed and returned's response(s) or request for approval or exception unless this Proposerwill not respond to any RPTtechnical specifications. 's response to the Proposeruestionnaire is required to be completed and returned with the Q Vehicle InformationThe 1. 69 139 ________________________________ ___________________________________ __________________ ___________________________________________________________________ __________________ ___________________________________________________________________ __________________ _____________________________________________________________ ______ __________________ ___________________________________________________________________ __________________ ___________________________________________________________________ __________________ ____ ___________________________________________________________________ ______________ ___________________________________________________________________ __________________ ___________________________________________________________________ __________________ ________________________ _____________________________________________________________ andings.Number, Paragraph Number, and then your Conditions, Exceptions, Reservations, or UnderstPlease start with the General Conditions section and end with the Technical Specifications. List the Section C. 70 140 Signature _______________________________________________________________ ___ Title ______________________________________________________________ BY ____________ Zip Code State City ____________ ____________ Address Date Received Number Acknowledgment: Addendum Firm Name Proposer shall submit its Proposal in accordance with the specifications herein. esBusElectric Transit 71 141 ___ between $10 million and $15 million ___ above $15 million ___ between $1 million and $5 million ___ between $5 million and $10 million ___ $500,000 to $1 million ___ Less than $500,000 16. List the average range of annual gross receipts of the firm or organization for the past three years: jurisdiction, amount of liabilities and amount of assets. formation”, state date, court of No____ Yes____ If yes, on a separate sheet of paper titled “Bankruptcy In 15. Has your firm or organization been a debtor in a bankruptcy proceeding in the last ten years? ease provide the names and contact information of three (3) references.) separate sheet. If yes, plexpertise, and financial reserves to perform the work successfully? No___ Yes____ (If no, please explain on a 14. Does your firm have experience in similar type of projects or work, and have sufficient equipment, personnel, contracts, and other proof of responsibility.organization, audited statements of financial standing, working capital financing, authorization to enter into y another firm or organization? No ____ Yes____ If yes, provide documentation on the parent owned subsidiary, or more than 51% -entity corporation, a wholly-13. Is your firm or organization a part of a multi revoked or suspended in the last three years? No____ Yes____business, contracting or trade license, certification or registration 12. Has your organization had any type of county or city law necessary for the work it seeks to perform? No____ Yes____11. Does your organization possess all valid licenses, registrations and certifications required by federal, state, No____ Yes____ 10. Has your firm been charged with or convicted of, a violation of a wage schedule? 9. Have you ever been sued for services you provided? No____ Yes____ 8. Have you ever defaulted on a contract? No____ you? No____ Yes____ 7. Have you ever failed to complete any work awarded to 13: If the answer is ‘Yes’, please provide details in a separate attachment.-Questions 7 7. System for Award Management Unique ID:_________________________________ __ __________________________name?____________________________6. How many years has the firm or organization been engaged in the contracting business under the present firm 5. Where Incorporated (as applicable):_____________________________________________ ___________________4. When Organized:________________________________________ member.) identify the members of the joint venture and provide all information required in this section for each ip, corporation, joint venture, etc.) _________________ (If a joint venture, 3. Legal form of company (partnersh 2. Address:__________________________________________________________________ 1. Name of Bidder or Proposer:__________________________________________________ ent of Bidder Qualifications and ResponsibilityStatem additional information. Attach separate sheets as necessary. answers to the questionnaire and financial statement, it may reject the bid or disregard the same or require Transit is not satisfied with the sufficiency of the Rochester Public If experience in the work prescribed, etc.information relating to their capacity to complete the work requested, including financial stability, equipment, requires anyone submitting a bid or proposal to complete a sworn statement consisting of Public TransitRochester 72 142 My Commission Expires ___________, 20___ Notary Public _________________________________ Subscribed and sworn to before me this ____ day of _______, 20___ Title _______________________ ____________________ ________________________________________________ Signed: mortgage, indenture, or other obligation.laws of the Contractor or any -harter or bycourt or government applicable to the Contractor or the cprovision of any applicable existing law, regulation or of any order, judgment, award or decree of any that the execution, delivery and performance of the Contract does not and will not violate any (v) has the power and legal right to conduct the business in which it is currently engaged and (iv) lease, or operation of property in the conduct of its business requires, and good standing under the laws of each jurisdiction where its existing ownership, is duly qualified and in (iii) existing under the laws of the jurisdiction in which it was organized;profit organization, individual or sole proprietorship, is duly organized and validly -if it is a partnership, non (ii) ws of the jurisdiction of its incorporation; under of the laif it is a corporation, is duly incorporated, organized, validly existing and in good standing as a corporation (i) The Contractor, Warranty: services in excess of fifty thousand dollars ($50,000.00) listed in the bid or proposal. goods or 18. Please provide a Proof of Responsibility Statement for each subcontractor or supplier providing impede the proposed firm or organization’s ability to complete the work. pending litigation, planned office closures, impending merger, etc.) that may 17. Identify any conditions (e.g., 73 143 My Commission Expires ___________, 20___ Notary Public _________________________________ this ____ day of _______, 20_ Subscribed and sworn to before me Signature Print Name and Title .The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions arise from this offer.by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may subpart C, as supplementedlimited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, , the Federal Government may pursue available remedies, including but not Rochester Public Transitable to to remedies availthat the bidder or proposer knowingly rendered an erroneous certification, in addition Rochester Public Transitdetermined by . If it is later Rochester Public Transittion in this clause is a material representation of fact relied upon by The certifica By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: f) Disqualified from participation in ay federally assisted Award. e) Voluntarily excluded from participation in any federally assisted Award; or d) Declared ineligible to participate in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; rom participation in any federally assisted Award;b) Suspended f a) Debarred from participation in any federally assisted Award; participate in this federally funded contract and are not presently declared by any Federal department or agency to be: cipals, affiliates, and subcontractors are eligible to the contract amount. As such, the Contractor shall verify that its prinof (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespectiveach contract at any tier for a federally required audit provisions apply to each contract at any tier of $25,000 or more, and to e“Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These ts and supplements the U.S. Office of Management and Budget (U.S. OMB) Debarment,” 2 C.F.R. part 1200, which adopThe Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters: Aertificate C 74 144 ___________________________Date __________________________ Name and Title of Contractor's Authorized Official __________________________ Signature of Contractor's Authorized Official $100,000 for each such failure. 0 and not more than the required certification shall be subject to a civil penalty of not less than $10,00entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file ubmission of this certification is a prerequisite for making or transaction was made or entered into. SThis certification is a material representation of fact upon which reliance was placed when this loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. s under grants, grants, and contract-awards at all tiers (including subcontracts, sub-documents for all sub3. The undersigned shall require that the language of this certification be included in the award re Form to Report Lobbying,” in accordance with its instructions. LLL, “Disclosu-Standard FormFederal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit officer or employee of Congress, or an employee of a Member of Congress in connection with this agency, a Member of Congress, an influencing or attempting to influence an officer or employee of any 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for t, or modification of any Federal contract, grant, loan, or cooperative agreement. amendmenloan, the entering into of any cooperative agreement, and the extension, continuation, renewal, with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal an employee of a Member of Congress in connection Congress, an officer or employee of Congress, or any person for influencing or attempting to influence an officer or employee of an agency, a Member of 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to The undersigned certifies, to the best of his or her knowledge and belief, that: BCertificate 75 145 Date Title Type or Print Name Signature of Representative Name of Bidder/Company BIDDER/COMPANY and that I am duly authorized by said bidder to make this certification.I hereby certify, for the bidder named below, that it has complied with the provisions of 49 CFR Part 26.49 Certification: Certification: transit vehicles. isted procurements of regarding the participation of Disadvantaged Business Enterprises (DBE) in FTA assEach Proposer for this Contract must certify that it complies with the requirements of 49 CFR Part 26.49 76 146 ___________________________Date __________________________ Name and Title of Contractor's Authorized Official __________________________ Signature of Contractor's Authorized Official udits performed pursuant to 49 C.F.R. part 663 and related FTA guidance.adelivery -award and post-proposal/bid. The Contractor agrees to participate and cooperate in any prepart 663. The Contractor shall comply with the Buy America certification(s) submitted with its C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. The Contractor agrees to comply with 49 U.S. 77 147 Title: _________________________________________________________________________ Name: _______________________________________________________________________ ___________ Company: _________________________________________________________ Signature: ____________________________________________________________________ Date: _____________________________________________________ ___________________ tions in 49 C.F.R. § 661.7. applicable regulabut may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), rica Rolling Stock Requirements Compliance with Buy Ame-Certificate of Non .)(Note Title: ______________________ __________________________________________________ ____________________________ Name: __________________________________________ Company: ____________________________________________________________ _______ Signature: ___________________________________________________________________ ________________________________________________ Date: _____________________ the applicable regulations of 49 C.F.R. § 661.11. The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and Certificate of Compliance with Buy America Rolling Stock Requirements America Rolling Stock Requirements.Compliance with Buy -Complete only one certification, Certificate of Compliance or Certificate of Non nonresponsive.or Offers not accompanied by a completed Buy America certification will be rejected as Proposals 78 148 ___________________________ Date __________________________ Name and Title of Contractor’s Authorized Official Signature of Contractor’s Authorized Official __________________________ sued by the National Highway Traffic Safety Administration, if so required. Standards isvehicle(s) to be provided through this contract meet all applicable Federal Motor Vehicle Safety As required by Title 49 of the CFR, Part 663, subpart D, the undersigned hereby certifies that the transit 79 149 ___________________________ Date __________________________ Name and Title of Contractor’s Authorized Official of Contractor’s Authorized Official Signature _______________________________ _ the procedures in 49 CFR Part 29.under Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer ment of Transportation's regulation on Program Fraud Civil Remedies, 49 CFRDepart Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S. The undersigned understands that misrepresenting the testing status of a vehicle acquired with copy of the test report as prepared by the facility. this certification and is a true and correctAltoona, Pennsylvania Bus Testing Center or alternate testing facility approved by the FTA is attached to prepared by the Federal Transit Administration’s (FTA) item) ProposedA copy of the test report (for each submission complies with 49 CFR Part 665. Proposalthis offered in The undersigned Contractor/Manufacturer certifies that the vehicle model or vehicle models 80 150 _________________________ FIRM NAME SIGNED ____________________________ in all areas except those where approved equals were granted by the purchaser (s). Rochester Public The proposer hereby states that it will comply with the technical specifications issued by 81 151 FIRM NAME _________________________ SIGNED ____________________________ prohibition in paragraph (b)(2) of this provision.ctors relevant to determining if such use would be permissible under the of covered telecommunications services and any faIf not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use (B) wholesaler number; and item description, as applicable); ornumber, or (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part If the service is related to item maintenance: A description of all covered telecommunications services offered (A) —d servicesFor covere (ii) determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.Explanation of the proposed use of covered telecommunications equipment and any factors relevant to (C) OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); andA description of all covered telecommunications equipment offered (include brand; model number, such as (B) ibutor, if known);identifier, CAGE code, and whether the entity was the OEM or a distrThe entity that produced the covered telecommunications equipment (include entity name, unique entity (A) —For covered equipment (i) art of the offer:representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as p Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the (2) his provision.would be permissible under the prohibition in paragraph (b)(1) of texplanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use the Product Service Code (PSC) of the service being provided; and If not associated with maintenance, (B) wholesaler number; and item description, as applicable); or(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or ications services offered If the service is related to item maintenance: A description of all covered telecommun (A) —For covered services (ii) rmining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.deteExplanation of the proposed use of covered telecommunications equipment and any factors relevant to (C) OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); andd; model number, such as A description of all covered telecommunications equipment offered (include bran (B) identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);ude entity name, unique entity The entity that produced the covered telecommunications equipment (incl (A) —For covered equipment (i) ion in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:representat Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the (1) Disclosures. (a) aragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.information required at pservice that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure ___does ___ does not use covered telecommunications equipment or services, or use any equipment, system, or It —After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that (2) paragraph (d)(1) of this section; and uired at paragraph (e)(1) of this section if the Offeror responds “will” in provide the additional disclosure information reqperformance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide covered telecommunications equipment or services to the Government in the will ___will not ___ It (1) —The Offeror represents that Representation. 82 152 by this Agreement. Provider agrees to return (in a machine readable format), or at the election related to the services provided City exclusively owns all right, title and interest in its data that is 1.4 and conditions of this Agreement with respect to such data.and others to whom it provides City data, agree in writing to be bound by the same restrictions s, subcontractors, agents, City Administrator’s approval. Provider must ensure that any contractor Provider shall not provide Customer Data to any third party without the under this Agreement.only collect, access, use, maintain, or disclose Customer Data to fulfill its obligations Provider may 1.3 Agreement (collectively, the “SEW SLA Exclusions”). Provider’s suspension and termination of City’s right to use Software in accordance with this result from any maintenance as provided for pursuant to this Agreement; or (vii) arising from that software or other technology (other than third party equipment within our direct control); (iv) result from City’s equipment, software or other technology and/or third party equipment, ns or inactions of City or any of their third parties; (iii) that Provider; (ii) that result from any actioforce majeure event or Internet access or related problems beyond the demarcation point of performance issues: (i) caused by factors outside of Provider’s reasonable control, including any re, or any other Software not apply to any unavailability, suspension or termination of Softwa calculated as such if billed annually (the “Service Commitment”). The Service Commitment does Monthly Uptime Percentage of at least 99.9%, in each case during any monthly billing cycle or a : Provider will use commercially reasonable efforts to make Software available with Service Levels 1.2 Software, including, without limitation, subscription, warranty, and indemnity terms.e Software and will be subject to this Agreement’s terms regarding Each Upgrade will constitute an element of th(c) downtime and provide confirmation once functionality is restored pursuant to the terms therein. Should an Upgrade be required pursuant to Section 3.2 below, Provider will promptly notify the City of any ) (b they become available, are included during the first year of the term.ned herein shall then incorporate the version to which the City has upgraded. Major releases, if “Software” as defi be set out in a subsequent Statement of Work. Upon completion of any such Software upgrade implementation, time charges or fees associated with such an upgrade shall -newer Software version. Any terms concerning the oner to implement the to effectuate any such upgrade in light of those two items, and City shall then decide whetheProvider will then provide a detailed report to City identifying any costs, time, and materials necessary assessment.pacts shall not be within the scope of said requested customizations. All other potential IT or business process im any such Upgrade will have on the City’s specific IT environment, solely considering City’s relevant APIs and any xercise this right, upon notice, Provider will first assess the impact paid up, and in no way in default. Should City e made one or more Major Releases available during said year, and so long as City’s subscription term is current, fully grade its current version of the Software once per calendar year, so long as Provider has 4, City may elect to up enhancing modifications annually, if applicable (“Upgrades”). Pursuant to the payment of the fees set out in Section -new features or functions, incorporate any improved process changes, and/or implement any performancere to add any or as is required pursuant to Section 3.2 below or otherwise. Provider may update the Softwa Provider will routinely update the Software to address any security updates, bug fixes, or responsiveness matters (a) Term: Software as follows during the : Provider shall maintain and update the Provision of Updates 1.1 .UPDATES AND SERVICE LEVELS 1. Technology Terms of ServiceCertificate J Rochester Intelligence and 83 153 with the third party.disclosure agreement -City may be required to execute a non Provider Audit Report. If the Provider Audit Report is of or involves a third party’s IT environment, on the City’s reasonable, advance written request, Provider will produce a copy of the current Up this section.Minnesota Data Practices Act; and (4) may be performed for other purposes in addition to satisfying permitted by applicable law, be deemed confidential information and as not public data under the Audit Report”), which will, to the extent result in the generation of an audit report (“Provider Organization Control (“SOC”) 2, International Organization for Standardization (“ISO”) 27001, (3) will be performed according to Statement on Standards for Attestation Engagements (“SSAE”) 16 Service performed at least once every calendar year beginning with the initial year of the Agreement; (2) willto provide any and all cloud computing or hosting services to City. This security audit: (1) will be audit the security of the systems and processes used .1. Security Audits and Remediation. Provider will 3 proving actual damage.Discloser will be entitled to injunctive relief against such breach or threatened breach, without n addition to any other remedy, for which monetary damages would be inadequate, and iInjunction. Recipient agrees that breach of this Article 6 would cause Discloser irreparable injury, 2.2 contest such required disclosure, at Discloser’s expense.a protective order or otherwise to and reasonably cooperate with Discloser in any effort to seek authority. Recipient shall give Discloser prompt notice of any such legal or governmental demand Confidential Information as required by applicable law or by proper legal or governmental comes to Recipient’s attention. Notwithstanding the foregoing, Recipient may di shall promptly notify Discloser of any misuse or misappropriation of Confidential Information that wn confidential information, but with no less than reasonable care. Recipient uses to protect its othe foregoing, Recipient shall protect Confidential Information with the same degree of care it any third party without the disclosing parties (“Discloser”) prior written consent. Notwithstanding t disclose Confidential Information to less restrictive than those of this Article 6; and (b) shall noto facilitate the Purpose and executes a nondisclosure agreement with Recipient with terms no Information to any employee or contractor of Recipient unless such person needs access in order al than to facilitate this Agreement (the “Purpose”). Recipient: (a) shall not disclose ConfidentiThe receiving party (“Recipient”) shall not use Confidential Information for any purpose other 2.1 . ”).Safeguards Data while in its custody (“reasonably designed to prevent unauthorized collection, access, disclosure, and use of Customer Provider will employ administrative, physical, and technical safeguards that are Safeguards. 1.5 City.eement, or earlier if requested to do so in writing by the termination or expiration of this Agrof the City, destroy (and confirm in writing the destruction) all Customer Data upon the 84 154 to or will collect, access,If, in the course of its engagement by Customer, Service Provider has access .8 3 mail addresses.-addresses and not be moved, copied, or forwarded to private email -Subcontractors working on the Project, all communications shall take place on such City email addresses for Contractor employees or -provided e-If the City furnishes Contractor with City .73 disposal of the data.safeguards to protect the security, confidentiality, and integrity of the personal information, including tain reasonable 122) must develop, implement and main-defined in NIST Special Publication 800.6 Contractors providing or having access to data containing personally identifiable information (as 3 U.S. data centers., except for devices that are used and kept only at its portable devices, including personal computerscenters in the U.S. The Provider shall not allow its personnel or contractors to store City data on .5 The Provider shall provide its services, including storage, to the City and its end users solely from data 3 to any media (including Data) while in transit.Provider is responsible for encryption of the Data. Provider bears the entire risk of loss of, or damage, data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, .4. All 3 recovery testing, training and exercise ability.Provider must also participate, at mutually agreeable times, in City business continuity and disaster its business continuity and disaster recovery plan at least annually. Upon City request, and review of Provider: loss of key personnel, loss of facility and loss of technology. Provider must conduct testing Provider’s actions to address the impacts of the following key areas likely to cause a disruption to plans must, at a minimum, define the operations, regardless of cause of the disruption. Such provided under this Agreement shall be maintained in the event of a disruption to the Provider’s ecovery plans that define the roles, responsibilities and procedures necessary to ensure that services r.3. Business Continuity and Backup. Provider shall have written business continuity and disaster 3 firmware, and operating systems) using reliable third party scanning tools no less than monthly.e provider’s environment (including applications, drivers, will scan and remediate vulnerabilities of thpractices for application code review and the most current version of the OWASP top 10. Provider production, and must promptly remediate any and all vulnerabilities. Provider must follow best being placed into including before and after any source code changes are made and again beforemalware and other harmful or malicious code. Provider must scan all source code for vulnerability, . Provider further warrants that all services are free from any and all viruses, workmanship and designSecure Coding. Provider warrants that all services are free from any and all defects in materials, .23 annual basis.agrees to fill out, sign, and return, the current version of the City’s security questionnaire on an The Provider identified by the City or known by Provider in a commercially reasonable timeframe. from the Provider. Provider will make best efforts to reasonably remediate any control deficiencies et the City’s requirements, the City may request reasonable remediation that do not substantially meReport in a commercially reasonable timeframe. If City becomes aware of any other Provider controls Provider will make best efforts to remediate any control deficiencies identified in the Provider’s Audit 85 155 Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ protection policies. understand the above clauses. If selected, the Contractor agrees to comply with the City of Rochester’s IT an The undersigned further hereby acknowledges that the Contractor understands and agrees that they have read and DIRECT DAMAGES.CONSIDERED BREACH OF PROVIDER”S CONTRACTUAL OBLIGATIONS SHALL BE FROM A DATA OR SECURITY BREACH OF PERSONAL INFORMATION OR FROM PENALTIES, FINES, INVESTIGATIONS AND FORENSIC ACTIVITIES ARISING cause.ective actions as reasonably determined by Provider based on root laws and (5) complete all corrfree number and call center for affected individuals required by federal and state -(4) a website or tollagreed to; (3) a credit monitoring service required by state (or federal) law or as otherwise agreed to; or as otherwise notifications to individuals, regulators or others required by federal and state laws shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) the Provider re to adhere to industry best practice or applicable laws,patches are unavailable, failufailure to properly apply security updates, use of obsolete or end of life software for which security to encrypt data .3 If a data breach is a direct result of Provider’s breach of its contractual obligation 4 the services. changes in business practices in providingincident review of events and actions taken to make -related to the Data Breach, including any postimplement necessary remedial measures, as necessary and (3) document responsive actions taken Breach, (2) promptly Provider shall (1) cooperate with the City to investigate and resolve the Data the City Administrator within 24 hours by telephone, unless a shorter time is required by law. n a data breach that affects the security of City’s content Provider shall notify believes there has bee.2 Breach Reporting Requirements. If Provider has actual knowledge of a confirmed or reasonably 4 Incidents within 24 hours of learning of such incident.as mutually agreed upon, or defined by law. City shall be notified of Security seeking external expertise Security Incident, which may include contacting law enforcement, fielding media inquiries and .1 Incident Response. Provider may need to communicate with outside parties regarding a4 compliance with the PCI DSS, in each case, at Service Provider’s sole cost and expense.\]and promptly Implementing all procedures and practices as may be necessary to remain in ements, including remaining aware at all times of changes to the PCI DSS Standard (“PCI DSS”) requir Service Provider shall at all times remain in compliance with the Payment Card Industry Data Security use, store, process, dispose of or disclose credit, debit or other payment cardholder information, 86 156 _______________________________________________________________________ _______________________________________________________________________ ________________________________________________ _______________________ _______________________________________________________________________ _______________________________________________________________________ ____________________________ ___________________________________________ Reasons, Conditions, or Clarification: _________ See Addendum # ____________ _________ Denied _________ Approved with Conditions shall be considered denied) iedRequests shall be considered den 10 days prior to due date or RPTResponses are due to _________ Approved Deviation _________ More information Required _________ Approved _________ Approved _________ Clarification Date Received: ____________ Date of Reply: ________________ Proposer’s Request and Justification (list and attachments): Title: __________________________________________________________________ Specification or Requirement: RFP Section # _______________ RFP Page # _________ ification Request for: _____ Approved Equal _____ More Information or Clar : _________________________ Proposer Request Number: ______ to uniquely identify each request. Proposer form. Requests shall be numbered sequentially by the and attach any supporting documentation to this nly Section of this formUse Oareas above the be made by means of issuing an addendum, not through this form. Proposers shall complete the This form is for informational purposes and does not modify the RFP. RFP modifications will only 87 157 _______________________________________________________________________ _______________________________________________________________________ ________________________________________________ _______________________ _______________________________________________________________________ _______________________________________________________________________ ____________________________ ___________________________________________ Reasons, Conditions, or Clarification: Requests shall be considered denied 10 days prior to due date or RPTResponses are due to _________ More information Required _________ Approved with Conditions (shall be considered denied) _________ Approved Deviation Date Received: ____________ Date of Reply: ________________ Proposer’s Request and Justification (list and attachments): __________________________________________________________________ Title: Specification or Requirement: RFP Section # _______________ RFP Page # _________ : _________________________ Proposer Request Number: ______ .com XXXXXto uniquely identify each request. Proposerform. Requests shall be numbered sequentially by the rting documentation to this areas above the Use Only section of this form and attach any suppobe made by means of issuing an addendum, not through this form. Proposers shall complete the This form is for informational purposes and does not modify the RFP. RFP modifications will only 88 158 Electric Transit Buses Attachment A Request for Proposal 1 159 75 Pneumatic Systems 1.43 65 Brakes, Wheels, Tires 1.42 55 Steering 1.41 45 Suspension 1.40 45 nal DriveFi 1.39 35 Emissions 1.38 15 Mounting 1.37 15 Regenerative Braking 1.36 50 Drive Unit 1.35 50 Electric Drive System Cooling 1.34 50 Drive Unit Cooling 1.33 94 Component Thermal Management, Radiators 1.32 84 Cooling Systems 1.31 84 Propulsion System Controller 1.30 64 Battery System Requirements 1.29 44 Energy Storage System and Controller 1.28 34 Primary Propulsion Unit and Traction Motors 1.27 34 Propulsion System Service 1.26 24 Electric Propulsion System 1.25 24 Entry Loading System, Wheelchair Securements 1.24 40 Passenger Assists 1.23 93 Ancillary Features 1.22 83 Insulation 1.21 73 Windows 1.20 63 Floor Covering 1.19 53 Driver’s Seat 1.18 23 Passenger Seats 1.17 13 Interior Trim 1.16 42 Lighting 1.15 42 Windshield Wipers and Washers 1.14 32 Service Compartment and Access Doors 1.13 12 Doors 1.12 12 Bellows 1.11 20 Raceway 1.10 91 Articulated Joint 1.09 81 Wheelhousing 1.08 71 Floor 1.07 51 Interior 1.06 21 Body Structure 1.05 11 Shell 1.04 10 General Information 1.03 9 Maintenance Personnel Skill Levels 1.02 5 Abbreviations Section 1.01 4 Introduction 0Section 1.0 Page 2 160 90 Signing, Decals 1.53 90 Documents 1.52 98 Training 1.51 76 Intelligent Technology Technical Specifications 1.50 67 Optional Passenger Amenities 1.49 57 Charging System 1.48 17 nterior Climate ControlI 1.47 70 Fire Detection, Fire Suppression 1.46 60 Electrical System 1.45 85 Bumper System 1.44 3 161 All designs will become the property of RPT upon award of a contract. manufacturing lead times for assembly and ongoing maintenance of the products. cts that require special Commercially available products are preferred over custom produlooking amenities to set this fleet apart from the average U.S. transit fleet. -and other forwardook with luxury finishes, a calming interior with oversized seats, unique lighting treatments, ltraditional Examples may be a futuristic look with metallic finishes, tments. paint versus vinyl exterior treaRPT prefers .to enable RPT to envision the novel look and feel of the Proposed vehicle treatmentsDesigns may include various interior and exterior interior and exterior finishes. “looks” of the colors or different , preferablyProposed bus of thea color rendering Respondents will provide pictograms, diffuse colors, etc., as well as riders with limited mobility.Respondents are encouraged to consider the needs of riders with low vision or hearing, including ence. Fi, infotainment, and other additions to accomplish the desired customer -Withroughout the vehicle, electronic device charging bags and other containers, packages,finishes, lighting, accommodations for bike racks, interior windows, including seats,Propose novel amenities and finishes, are encouraged to The following technical specifications are meant as baseline requirements for the buses. Respondents system.class -cor and amenities to provide a premier customer experience on a worldtransit vehicle with déoriented -goal is to provide a “coatless experience” in a modernistic, passenger aesthetic district. RPT’s foot articulated buses for use on bus rapid transit routes in the Rochester central business -electric 60for up to 12 battery bus manufacturers Rochester Public Transit (“RPT”) is seeking Proposals from 4 162 generator, meters, etc. batteries. May include chargers, controllers, couplers, transformers, ventilation, urpose of charging and transfer electricity from the grid to the vehicle for the pcovert, control, of the components needed to The equipment that encompasses all charging equipment and the vehicle for the purpose of recharging the vehicle’s battery.the The equipment and/or coupler used to create a connection between Chargers may be built as part of the charging station.-board the vehicle. Off-board the vehicle or off-connected. The Charger may be onelectrical systems while the purpose of charging the battery and or vehicle operating The equipment required to covert Alternating Current (AC) to Direct Current (DC), for capacitor. Simplest discrete component of the battery storage system, such as a battery or a The water volume of a container in gallons (liters). sure reaching in a container during a burst test.The highest pres to supplement or replace the regenerative braking.typically used as a retarder energy into heat, Device that converts electrical tain the batteries at uniform state of charge and optimal temperatures.mainvoltages, and total battery pack voltage. The BMS adjusts the control strategy algorithms to Monitors energy as well as temperature, cell or module systems.nsit bus powered by high voltage batteries and associated tra “High Voltage Compartment” and “Low Voltage Compartment.”storage, such as 12/24 VDC batteries. Battery Compartments shall be separately designated as voltage energy -voltage or low-Designated area for placement of high destination sign reading list and other information will be supplied by RPT.ning, colors, the The bus described if no alternatives are selected. Sig process, Charging System “off” controls. and Charging System “on” and where departure occurs before completion of the charging ited to left/right steering, emergency braking boarding of passengers. The operator input is lim-a location out of reach of bus passengers and which can be operated during boarding and decharging is accomplished through conductive connection to facilitate safe charging of the bis in us operator. The route Fast Charge of buses with little required input from the b-A Charging System that automates the charging process to allow octave bands by 4 decibels (dB) or more. -adjacent 1/3of the sound power levels of the two octave band exceeds the average -power level in any 1/3An audible discrete frequency is determined to exist if the sound express information content.A continuously variable signal that is solely dependent upon magnitude to 20° F to 100°F.-temperature must be between The temperature of the surrounding air. For testing purposes, ambient . identifiedAlternatives for the base configuration will be clearly define alternatives to the base configuration to satisfy local operating requirements. An alternative specification condition to the base bus configuration. RPT may 5 163 A component or system of components that stores energy and hours per kilogram (Wh/kg).-power output units of wattThe relationship between the weight of an energy storage device and its on in specified use conditions.capacity, power or functiA condition reached when an energy storage system fails to meet the specified delivering energy from the premises wiring to the battery electric Vehicle. ts, or apparatuses installed specifically for the purpose of all other fittings devices, power outleand equipment grounding conductors, the electric vehicle connectors, attachment plugs, and The conductors, including the ungrounded, grounded, tor and energy storage system.The mechanical and/or electromechanical components, including ranges.critical system parameters (voltage, currents, temperatures, etc.) within specified operating and accessory loads, as applicable, while maintaining order to provide more performanceRegulate s energy flow throughout the system components in the ellipse shall be determined from the seat at its reference height.ntile ellipse defined in SAE J941, except that the height of perce th where 0 is battery ground potential and 1 is a defined battery positive potential. defined values, usually a binary 0 or 1 nature, -A signal that can take only pre hysically made permanently unusable.P minute idle phase.-of 4 miles with 1 stop and a maximum speed of 55 mph and a 5route phase of 2 miles with 2 stops per mile and a top speed of 40 mph, and a commuter phase 2 miles with 7 stops per mile and a top speed of 20 mph, an arterial district (CBD) phase of transit type service consisting of three phases to be repeated in sequence: a central business The operating profile for design purposes shall consist of simulated s system such as airbags, tires, etc.defect, a failure of safety system can also be a safetymakes the bus unable to operate. A defect A failure of a system or a component that another. A module that converts a source of direct currant from one voltage level to 0002 microbar as measured on the “A” scale..Decibels with reference to 0 required for operation and required by their specification, but without passengers or driver.Weight of the vehicle, including maximum fuel, oil and coolant, and all equipment A legal requirement. the EVSE and the vehicle’s Energy Storage System to recharge the vehicle.A charging interface that creates a physical connection between inspector.or assignments but does degrade bus operation. The failure shall be reported by driverA failure that does not require removal of the bus from service during it ignments. The bus is operated to a rendezvous point with a replacement bus.assA failure that requires removal of the bus from service during its ice is discontinued until the bus is replaced or repaired at the location of the failure.Serv A failure resulting in an enroute interruption of revenue service. injury and represents a severe crash situation.A failure that could lead directly to passenger or operator lectricity to a vehicle’s battery system through a charging interface.electric service, to provide e a utility’s A location that houses the charging equipment connected to 6 164 symbol or other identifying mark of an : Equipment or materials that has a label, : A method of computing average energy consumption on a per mile basis. : A derived unit of energy consumption. : A unit of power generally associated with electrical devices. Input/Output for electrical systems. A module that converts DC to and from AC. Flexible Line. Greater than 50V (AC and DC). purpose.nded manufacturer, at which the vehicle can be safely and reliably operated for its inteThe maximum total weight as determined by the vehicle Curb weight plus gross load. et of free floor space.for the driver, and for each 1.5 square feOne hundred fifty (150) pounds for every designated passenger seating position, energy available from the entire battery pack.Gross capacity would be measured in kWh and would be the Isolated High Voltage and Low Voltage Systems. if necessary, interrupting a measurable resistance below that required by SAEJ1766 between A system capable of detecting, and ical energy.A device that converts mechanical energy into electr manufacturer, at which the axle can safely and reliable operate for its intended purpose.The maximum total weight as determined by the axle A metal, alloy, or other material capable of being melted by the feet of each seated passenger protruding into the standee area.Floor area of 1.5 sq. ft. shall be allocated for .space swept by passenger doors during operations floor standee areas, such a-standee line, and any floor space indicated by manufacturer as nonforward of the seats, area occupied by feet of seated passengers, and the vestibule areaFloor area available to standees, excluding ingress/egress areas, area under a failure of a component or system that affects multiple buses 90.-E 162-panel flame test per ASMEindex less than 150 as measured in a radiant Materials that have a flame spread Materials that will not burn or melt at temperatures less than 2,000° F. action of corrosion and cyclic loading.The mechanical degradation of material under the joint requirements.route opportunity charging scenarios and simultaneously meeting the Operating Range -A Charging System capable of charging the Energy Storage System during short in specified operating ranges. res, etc.) within (e.g., voltages, currents, temperatumaintaining critical system parameters components in order to provide motive performance and accessory loads, as applicable, while The ESC regulates energy flow throughout the electric system vehicle energy source. (Also see ESD).-braking/generator) or an offvehicle system (engine/regenerative -for which its supply of energy is rechargeable by the onA component or system of components that stores energy and vehicle energy source. (Also see ESS) -braking/generator) or an offvehicle system (engine/regenerative -able by the onearghupply of energy is recsfor which its 7 165 resulting in a loss of contents.container pagation in the structural components of the Sudden and unstable damage pro braking systems of the bus.Device used to augment or replace some of the functions of primary friction based returns vehicle kinetic energy to the ESS.s by switching motors to act as generators, which Deceleration of the bu Computer clock that keeps track of the current time. traction motor.System of components that provide traction power, such as converter/inverter. ng and commands. Includes, traction motors, ESS, and system controllers, including all wiriSystem that provides propulsion for the vehicle proportional to operator Power divided by mass, volume, or area. rgy divided by time.Work or ene Nonflexible line. rather than electrical equivalent. multiple locations. Physical packs differ from electrical packs, as they are defined by layout An enclosure consisting of a collection of cells or modules at a location or responsible for transporting binary information between computerized systems.characteristics required to gain access to the transmission medium (e.g., cable) and is , and procedural reference model. This provides mechanical, electrical, functionalInternational Standards Organization (ISO) layer-sevenThe first layer of a .Physical Pack and Electrical Pack to include n the basis of electrical or physical attributes, A collection of cells or modules described o An electric motor used to power the driving wheels of the bus. A device that converts electrical energy into mechanical energy. an enclosure.embly contained within ass-A collection of cells forming a physical and electrical sub can have metallic liners or covers or both.A hose whose strength depends primarily on the strength of its metallic parts, it tegrator and the battery manufacturer. as recommended by the propulsion system inThe maximum design operating state of charge be subjected to normal service. The maximum temperature to which a container/cylinder will 50V or less (AC and DC). in the vicinity of these doors.sufficiently low and level so as to remove the need for steps in the aisle between the doors and A bus that, between at least the front entrance and rear exit door, has a floor Regulations below the state level. All tubes, flexible and hard, that carry fluids. ect or a crack. Release of contents through a Def them as components conducting high voltage potential are required.voltage devices to identify -Labels on high standards of performance in a specified manner.e manufacturer indicates compliance with appropriate materials, and by whose labeling thproduct evaluation, that maintains periodic inspection of production, labeled equipment or organization, which is acceptable to the authority having jurisdiction and concerned with 8 166 il.requirement, then the legal requirement shall prevaevent of any conflict between the requirements of these specifications and any applicable legal The Contractor shall comply with all applicable Federal, State and Local regulations. In the manufacture.at the date of The bus shall meet all applicable FMVSS and all applicable BMCS and ADA regulations in effect ctisabilities mericans With tandardsehicle otor ederal afetyarrier otor ureau of ndustrial oint ervicesuman ealth and epartment of tates ndustrylastics ociety For The ngineersonditioning ir efrigerating & eating, ociety of merican nstitutetandards ational merican ngineersutomotive ociety of aterialsesting and ociety For merican Servicer, Cleaner, Fueler, Oiler, Miscellaneous - "" (d) Mechanic - ”" (c) Service Mechanic or Class B Serviceman - "" (b) Journeyman or Class A Mechanic - "" (a) capacity would be 80% of gross capacity.100% SOC. For example, if the range was between 10% and 90% SOC, the usable battery SOC and something less than ange of something above 5%It is calculated based on a useful rESD as managed through the Battery Management System, usually less than the Gross capacity. available for normal operations. Usable Battery Capacity would be the usable energy from the sured in kW/hr and is the energy Usable battery capacity is mea beams and attachment points.bearing external panels, structural components, axle mounting provisions and suspension -The basic body of the bus, including floor deck material and installation, load The “pigtails” commonly used to absorb flexing in piping. system. driven generator or the regenerative braking-further charging from the enginedynamic measurement used for the ESS. A full SOC indicates that the ESS cannot accept hour (Ah) capacity of the battery expressed in a percentage. This is a -maximum rated ampe Quantity of electric energy remaining in the battery relative to th designate the forward area which passengers may not occupy when the bus is moving.A yellow line marked across the bus aisle in line with the driver's barrier to The amount of power per unit mass. The amount of energy per unit of mass. Tools not normally stocked by RPT. Curb weight plus seated load. and the driver.One hundred fifty (150) pounds for every designated passenger seating position 9 167 for each production run. These components shall include passenger window practicalComponents with identical functions shall be interchangeable to the extent proportional to frequency of maintenance and repair of the components.accessibility of components, measured in time required to gain access, shall be inversely nvolved shall be unnecessary. Relative the specific maintenance and/or repair tasks i, removal or physical movement or components unrelated to practicalinspection. To the extent failure may result in Class 1 or Class 2 failures shall be readily accessible for service and maintenance, or whose All systems or components serviced as part of periodic mileage shall be greater than 10,000 miles. Bad Order: -Class 4 (d) : mileage shall be greater than 16,000 miles.Bus Change -Class 3 (c) shall be greater than 20,000 miles.: mileage Road Call -Class 2 (b) mileage shall be greater than 1,000,000 miles. Physical Safety: -Class 1 (a) specified preventative maintenance procedures are followed.that design goals for mean mileage between failures by failure class, providedThe following are miles. It shall be capable of operating at least 40,000 miles per year including the 12th year.The bus shall be designed to operate in transit service for at least 12 years or 500,000 All lubricants sumps shall be fitted with magnetic type drain plugs or magnets in pan.shall be easily readable with standard funnels, pour spouts, and automatic dispensing equipment. to help ensure that correct fluid is added. All fillers All fluid fill locations shall be properly labeled recommended for servicing. maintenance. The Contractor shall list all special tools, fixtures or facility requirements All systems requiring routine maintenance shall be arranged for ease of access and feet maximum 5.24 body corner -Turning Radius rear -Step Height From Ground inches kneeling. 15 inches normal .512Maximum front -Step Height From Ground with two wheelchair positions 48 Seating Capacity 120.7 Height Overall through the front entry of the bus.up to 102 inches, ADA platform must move Width Overall feet) 5.16.5 and 85between (feet 06 Length Overall 10 168 03high, 24numbers shall also be located on the roof; each number shall be at least Bus equals.10 nonreflective decals are accepted as approved -10 reflective decals and 3M 180C-3M 680CRntered on the belt line. , cebussize, black in color, mounted at each side of the rear of the inch-numbers shall be control tack type reflective decal’s, 4 buscentered below the belt line. Side size, Black, in color, inch-numbers shall be control tack type reflective decals, 3 bus front are priority seats for elderly and handicapped passengers.interior to indicate that seats at the busleast one sign shall be provided on each side of the . At appliquésive chip, and peel resistant; they may be painted signs, decals, or pressure sensitbe applied to the inside and outside of the bus as required. Signs shall be durable and fade, shall RPTMonograms, numbers, and other special signing specified by ontract.Cand paint schemes will be determined after the award of removing chemicals. Colors -be damaged by controlled applications of commonly used graffitimpervious to diesel fuel and commercial cleaning agents. Finished surfaces shall not shall be isurface free of dirt, runs, orange peel, and other imperfections. All exterior finished surfaces successive coats of original paint. Paint shall be applied smoothly and evenly with the finished assure a proper bond between the basic surface and paint used, prior to application of paint to Exterior surfaces to be painted shall be properly cleaned and primed as appropriate for the All exterior surfaces shall be smooth and free of visible wrinkles and dents. .buslife of the extend durability, and provide consistency of appearance throughout the Body materials shall be selected and the body fabricated to reduce maintenance, road shall be minimized.wheels on a wet ’sbuseow of spray and splash generated by the Accumulation on any wind. busminimize leakage during cleaning in automatic bus washers for the service life of the be sealed to prevent leaking of air, dust, or water under normal operating conditions and after leaving the washer. Body and windows shall bus feature to freeze or bleed out onto the t be retained in or on any body without snagging washer brushes. Water and dirt shall noand louvers, shall be shaped to allow complete and easy cleaning by automatic bus washers requirements and passenger service criteria. The exterior and body features, including grilles performance derived from busof the bus should be The designunique look of the buses. goals of RPT. Options may be for additional grilles, louvers or other design features to create a The Proposer is encouraged to provide an exterior design that meets the aesthetic nted. gramaterial and dimensions must be furnished as specified unless an approved deviation is All units or parts not specified shall be manufacturer’s standard units. In all cases, functions shall not be, or appear to be, interchangeable. identical-hardware, interior trim, lamps, lamp lenses and seat assemblies. Components with non 11 169 all with precision angles and using the bolted compression method. Drilled holes or welds shcasting aluminumextrusion framing members shall be joined by a keyed aluminumhorizontal structural compromise or potential water leaks of drilled holes. Vertical and without theattachment of various body modules, as well as interior and exterior accessories and handrails, construction. This type construction allows similar aluminumtogether industry proven -The body frame assembly shall be of modular bolt and composite materials. aluminumThe body assembly shall be modular and comprised of lightweight and corrosion resistant will all materials needed to maintain this warranty. RPTinspection, Contractor shall provide tion interval. Upon completion of the Contractor’s procedures provided prior to the inspec shall inspect the vehicle at three years, six years and nine years in accordance with RPT be welded.type structure shall be designed for maximum strength, reliability and durability. All joints shall members, pillar, roof bows and bulkheads. The total girder -members throughout, with crossThe structure shall feature full length longitudinal . chassisrequires a stainless steel (304) RPTmonocoque design or approved equal. -e shall be a semi (or full)The basic frame structur year operating useful life period of the vehicle.-structural frame shall be designed to operate with minimal maintenance throughout the 12. The electric vehicle operated safely for the transit service conditions in Rochester, MNcan be shall ensure that the bus structure is suitable for the electric propulsion system and The OEM ____________________________________________ _ .forward of the rear axlee forward of the front wheels. The rear door shall be ingress and egress. The front door shall bdoors shall be provided in the right side of the bus for passenger hreeT . busfoot -60windows, shall be required on the standard configuration square inches of window area, including door ,00020A minimum of be designed to minimize the ability of unauthorized riders to secure toeholds or handholds.f the bus shall requirement. Grilles, doors, bumpers and other features on the sides and rear oview mirror and required lights and reflectors are exempt from the protrusion -side rearof the ground shall have a radius no less than the amount of the protrusion. The left 60 approximately 58 to and within inch-1/2Exterior protrusions greater than .production meeting-at the pre orientation of the lettering and signageBus manufacturer shall provide dimensional drawings showing the location, size, and left cradle hanger assembly or on power supports. rtical on a black bracket on the white in color, control tack type reflective decals mounted ve, inch-compartment numbers shall be 3 Propulsion equipment. busthe left upper rear of the in color control tack type reflective decals, placed near white, inch-numbers shall be 4 busRear .wide 4wide and 12 170 sides and, ends) are to be joined to make a complete welded structure. Threaded holes must structure, roof, -corrosion treatment. The main welded structures (under -a thorough antial body parts will be given will be protected from galvanic corrosion. Before assembling, all metll joints and connections of dissimilar metals will be corrosion resistant and resistant coatings. Aerials that are not inherently corrosion resistant shall be protected with corrosion All mat . neutralizing agents with RPT’s use of proper cleaning materials and , years or 500,000 miles, whichever comes first structural integrity and nearly maintain original appearance throughout its service life. It will maintain cing materialsand dei corrosion from atmospheric conditions and road saltsmust resist bus. The busextreme concern with the corrosion resistant properties of the in and therefore its soperate RPTrs should be aware of the harsh climate offerOAll ervice.frequencies to minimize audible, visible, or sensible resonant vibrations during normal slateral, and torsional modes, shall be sufficiently removed from all primary excitation bending mode frequencies, including vertical, -All structure, body, and panel deep hole. inch-or a 6curb inch-conditions include the vehicle at rest with any one wheel or dual set of wheels on a 6deflection that impairs operation of doors, windows, or other mechanical elements. Static The bus at GVWR and under static conditions shall not exhibit deformation or by the purchaser. specified inch minimum thickness, in color-e melamine or equal, 1/8Ceiling trim panels shall b and rear are permissible. wells are permitted. Fiberglass caps in the front -wheel rexcept that steel reinforced glass fibeconstruction, except for replaceable panels, doors, coverings for the structural body, and ral body and plastic materials will be excluded from the structu reReinforced glass fib . are acceptable fiberglass exterior roof panels thick-inch-0.18 ;and rear are permissiblewells are permitted. Fiberglass caps in the front -wheel erfibteel reinforced glass except that sconstruction, except for replaceable panels, doors, coverings for the structural body, and and plastic materials will be excluded from the structural body rfibeReinforced glass service life without permanent deformation or damage. Material: bus’s throughout the Class 2 failure. The structure shall also withstand impact and inertial loads due to street travel ucture shall withstand fatigue damage that is sufficient to cause Class 1 or the bus, the basic strUnder conditions of transit service throughout the service life of chassis to discourage galvanic action. steel-stainlessbody from the aluminumequired. Special care shall be given to insulate the shims as r/or and ,strength steel treated boltstolerance alignment, all body attachments shall be by high -maximum durability, and closein the heavy steel side impact section of the chassis. In order to achieve maximum strength, with the main attachments ,The body attachment to the chassis shall be directly to the chassis not be used in joining these members. 13 171 independent of the hoist.from falling off the hoist. Other pads or the bus structure shall support the bus on jack stands down flange not less than 1 inch deep on each side to prevent the bus -round, with a turnedsquare or . Jacking plates, if used as hoisting pads, shall be approximately 5post hoist -The bus axles or jacking plates shall accommodate the lifting pads of a 2 any one or any combination of wheel locations without permanent deformation or damage.18 inches whichever is less at ufficient to change a wheel withstand such jacking to a height sby a 2M serviceman in less than 30 minutes from the time the bus is approached. The bus shall up block not wider than a single tire. Jacking and changing any one tire shall be completed -runhigh inch-or dual set on a 6near the wheels shall permit easy and safe jacking with the flat tire suspension located on the axle or points reinstall a wheel and tire assembly. Jacking pads and Jacking from a single point shall permit raising the bus sufficiently high to remove housing.an electrostatic epoxy plastic powder coated steel with made of aluminumhydraulic cooler core as is a , are acceptable -are E air cooler-to-and air saR completed.Underbody components, roof tanks and plywood flooring are to be installed after treatment is for 12 years against any failure due to corrosion.bus is shipped. If other rust proofing is used it must be fully warrantied by the manufacturer protected before the undercoating is applied and the protection will be removed before thejoints will be -brake components, air tank drains, tube fittings, electrical components and Uundercoating material, SikaGard 6682, or approved equal. All 7790 Dolchm 7701 Hydro Ashland Oil and Refining Tectyle 135 or 506G (PPG Corashield is acceptable), a Quaker Koat or frame and stepwell, including the wheelhousings will be sprayed with either fire retardant The underneath portion of the under steel chassis. Undercoating is required for stainless .effects to visible surfaces, and no weight loss over 1 percentweek) salt spray test of all structural components that shows no structural detrimental -hour (2-117 of a 336-submit test results using ASTM Procedure B roposers shallPll Upon request, a required.air after cooler is -to-, hydraulic cooler, and airsE coating radiator 9 years of life for the vehicle.at as necessary at 3, 6, and to replace parts, and reco RPTeither providing themselves or paying to strongly support their proposal by ’s requests for corrosion RPTthe required to meet all proposers are Butrequirements under this section. the RPTProposers may offer equals to mastic will be applied to the underbody. based-asphaltis then raised and busThe years of use on the chassis. This includes all parts and labor. sevenThe manufacturer shall be responsible for all damage caused by corrosion for the first areas where the primer will not reach. intosealed to prevent moisture to be p joints are to be plugged to prevent damaging threads. All la 14 172 in sharp edges or protrusions in the bus interior. Exterior panels shall withstand a static load of permanent structural deformation at seated passenger hip height. This impact shall not result of inches us with no more than 3point, excluding doorways, along either side of the b, post 1973, American automobile at any pound-4,000impact by a mph-25bus shall withstand a interior dimension. Windows shall remain in place and shall not open under such a load. The reduction in any inch-6of the curb weight evenly distributed on the roof with no more than a ructure shall withstand a static load equal to 150% The bus body and roof st throat.inch -ease of use or application. Each towing device shall accommodate a crane hook with a 1RPT. Any tow bar or adaptor exceeding 50 lbs should have a means to maneuver or allow for ific approval of bus. The method for attaching the tow bar or adaptor shall require the specdistance, such as in cases of an emergency, to allow access to provisions for front towing of the recovery devices/tie downs shall permit lifting and towing of the bus for a short Two rear hand type connectors shall be permitted. -No provision of glad location of these shop air connectors shall facilitate towing operations.supplying all pneumatic systems of the bus with externally sourced compressed air. The able of Shop air connectors shall be provided at the front and rear of the bus and shall be cap the removal or disconnection of front suspension or steering components. The method of attaching the towing device shall not requireehold for unauthorized riders. tohe rear towing device(s) shall not provide a If applicable, tthe longitudinal axis of the bus. permanent deformation, tension loads up to 1.2 times the curb weight of the bus within 20º of when used with a load equalizing sling shall withstand, without Each towing device Firewalls made of high tensile steel are approved. 302.compromise the integrity of the firewall. Fire protection systems must meet or exceed FMVSS rced to minimize warping of the panels during a fire that will constructed and reinfosecured with fireproof fasteners. These panels, their fasteners, and the firewall shall be access panels in the firewall shall be fabricated of fireproof material and Propulsionfirewall. hall be sealed with fireproof material at the The conduit and bulkhead connectors s accepted.Aluminium bulkhead connectors are prevent or retard fire propagation through the firewall. Wiring may pass through the bulkhead only if connectors or other means are provided to .cepted as an approved equalacfittings is resistant-fire Nelson’s Fire Stop Putty in lieu of steel piping on the forward side.sealed at the firewall with copper or resistant fittings-firebulkhead shall have copper, brass, or compartment by fireproof materials. Piping through the propulsionseparated from the Any passageways for the climate control system air shall be resistant.fire these shall be into the passenger compartment. Only necessary openings shall be allowed in the firewall, and mpartment fire co propulsion firewall. This firewall shall preclude or retard propagation of amaterials in its construction, be a resistant-firebulkhead(s) which shall, by incorporation of compartments shall be separated by a propulsionThe passenger and 15 173 as a barrier between the driver and passengers entering the bus shall be installed to act with “extended glass” length Driver Security Barrier -A full .ablethe driver partition is acceptportion of upper portion of the driver partition, and the wheelhouse acting as the lower Secure Diagnostic Station box located on the wheelhouse acting as the A driver's barrier. A metal coat hook and securing straps for the operator's jacket will be provided on the passengers from reaching the driver or his personal effects.s side windows and wall to prevent of the ceiling and shall fit the bu inch-within 1wheelhouse cover, to hand-leftThe barrier shall extend from the top of the interior windshield directly in front of the barrier from interior lighting during night operation. e glare and reflection in the The barrier shall eliminata futuristic look of these buses. aesthetics consistent with the intent of are encouraged to Propose unique features or Respondentsbetween the driver and the left front passenger seat shall be provided. faced melamine or equal, -thick double inch-1/4 A barrier or bulkhead of overhead panelling.is prone to strike his/her head, padding shall be provided on the leaving the seat over the head of a seated passenger and positioned where a passenger entering or In any area of the bus directly normal ceiling height at the front of the seat cushion., but it shall increase to the 56y be reduced to a minimum of bench seat malower than the required top of the side window. Headroom at the back of the rear . At the centerline of the window seats, headroom shall be no 78no less than Headroom above the aisle and at the centerline of the aisle seats shall be No rubrails are permitted. . srear and one front position onemounted, there will be License plate provisions at the rear of the bus shall be recessed or surface gutters shall be no less than 0.25 square inches.s side window, or into the door boarding area. Cross sections of the the windshield, or driver'windows and passenger doors. When the bus is decelerated, the gutters shall not drain onto Gutters shall be provided to prevent water flowing from the roof onto the side echeck following corrective action.conduct a second water test to r andexist Manufacturer shall take the necessary corrective action when body leaks are found to manufacture, be subjected to a water test by the manufacturer to determine body leaks. cation shall, during the course of their All buses covered by this specifi the original appearance of the bus. load shall not result in deformation that prevents installation of new exterior panels to restore dicular to the bus by a pad no larger than 5 square inches. This 2,000 pounds applied perpen 16 174 shall not be used to retain the floor and all floor fasteners shall be serviceable from structure securely to prevent chafing or horizontal movement. Sheet metal screws The floor deck may be integral with the basic structure or mounted on the equal. approvedaccepted as an floor fasteners are not zinc ,buspassenger area of the into the shoeson boots and Due to the amount of salt and other corrosive solvents that are carried .support). Silkaflex adhesives are acceptablelongitudinally (every floor every 24 inch-plates are used on every 12r aisle the fasteners in tapping eoutside of the main rails (center aisle). Down the centtapping screws dThe floor is secured to the structure using adhesive anadhesive.kaflex is an approved steel screws shall be used to set flooring, along with adhesive. Silwood products are not acceptable. Stainless –Composite Floor is required goals of RPT. The Proposer is encouraged to provide a floor design that meets the aesthetic modesty and safety to seated passengers.door opening, and across the front of the upper deck where necessary to provide above the curb side wheelhousing); ahead of the rear door opening, aft of the rear full heightModesty panels shall at a minimum be located aft of the front door opening ( isible deformation.passengers without permanent v pound-200loads of modesty panel and its mounting shall withstand normal kicking, pushing, and pulling modesty panel and the opened door to protect passengers from being pinched. The clearance between the inch-less than a 2¼shall provide no positioned at the exit doors t cushion. Dividers alongitudinal seats shall extend to below the level of the seof the floor. Panels forward of inch-of transverse seats shall extend to within 1¼ = ¼g of the side windows and those forward the lower daylight openininches higher than -6or the aisle side of the transverse seats. Modesty panels shall extend no higher than project toward the aisle no further than passenger knee projection in longitudinal seats mounted on the sidewall and shall armrests are integral. These dividers shall be Modesty panels may be installed at the sides of longitudinal seats when the required . sgoalaesthetic Proposers are encouraged to Propose novel or new design concepts that advances be required. throughout the bus shall Sturdy divider panels . approved areslide stow driver protection row Guard A New Flyer’s standard security barrier and with one hand and be lockable from the inside. sliding window that can be easily operated extended glass motorized -must include a nont. The door easily operated from the interior of the driver compartmenmust be latchthe and or rotary hinges must be stainless steel piano hingesDoor hinges curbside mirror.glare glass or plexiglass that permits unobstructed view of the -scratch resistant anti. The barrier shall be constructed of passenger entryseat and the between the driver 17 175 to deter corrossion. Replacement parts must be available for hatch and latches. rred prefetainless steel is S bounded with stainless steel or aluminum where necessary. -edgelooring materials to be F be properly aligned. Fasteners shall tighten flush with the floor.symmetrical so that the ribs of reinstalled flooring shall -shall be non Access openingsbound with stainless steel to prevent the edges from coming loose. -shall be edgeand water into the bus interior. Flooring materials shall be flush with the floor and These openings in the floor shall be sealed to prevent entry of fumes tamper proof screws.recessed head screws, or -hall be rivets, crossInterior trim fasteners, where required, srough surfaces. Panels and fasteners shall not be easily removable by passengers. Interior panels shall be attached so that there are no exposed edges or growth and impervious to insects. mouldo hygroscopic, resistant to wet or dry rot, resistant t-covering shall be waterproof, nonThe floor, as assembled, including the sealer, attachments and polyurethane sealant to prevent deterioration by rot, fungus, etc. ealed with a designed to last the life of the vehicle. The cut edges and bottom are sshall be smooth and free of sharp edges and mouldingsAll interior permitted. butted tightly together between the floor and the wheel housing and then sealed is not Flooring that is prevent debris accumulation between the floor and wheel housings. shall ror cove mouldinginch, and a -1/4with a circular section of radius not less than blended Where the floor meets the walls of the bus the surface edges shall be exceed 5.5 percent.exceeding 2 degrees to allow for drainage. Slope ahead of the articulated joint shall not the entrance and exit doors shall have a lateral slope not The vehicle floor in the area of shall not interfere with the passenger seating. at the wheel housings, but it except flat plane The floor shall be a continuous radius, without permanent visible deformation. inch-1/32diameter rod, with inch-1/2of at least 150 pounds applied through the flat end of a nd step treads, with covering applied, shall withstand a static load deformation. Floor aapplication of 2.5 times gross load weight without permanent detrimental from the normal place. The floor shall withstand the inch-of no more than 0.60ed to support passenger loads at GVWR. The floor shall have an elastic deflection needfrom corrosion for the service life of the bus. The floor deck shall be reinforced as same thickness as a standard nut, and all floor fasteners shall be secured and protected nly. Tapping plates used for the floor fasteners shall be no less than the one side o 18 176 bulkheads on the lead and trailing units to prevent drafts into the passenger rntable area shall be completely enclosed by the bellows and The underfloor tu Turntable seats shall be quickly and easily removable by one person. lifted and secured in the open position by one person for inspection and repairs. rntable components shall be easily accessible. Floor plates must be easily Underfloor tu repairs of all devices that are part of it or devices that pass through the turntable area. to prevent a tripping hazard. It shall be designed for ease of access for inspection and he floor and the turntable shall be minimized in order outer edge. The gap between tsupported so that there will be no honing of the floor plate, making it sharp at the passenger injury under all conditions. The turntable floor cover plate shall be in the interconnecting section shall be designed to prevent The structures and finishes adjacent vehicle floors.capable of making without introducing discontinuities between the turntable and sign shall provide for all horizontal and vertical turns that the bus is turntable deaccess between the sections of the bus under all operating conditions. The passengerserve as a floor and to unit toprovided between the lead until and trailing een the sections without damage. A rotating turntable connection shall be betwof relative roll small amountsections about the pitch and yaw axis, and allows a the lead unit and trailing unit sections, allows for relative motion between the joinspermanently articulated buses shall be equipped with a turntable that foot - vehicle width if they are flexible. Tires are removed without removal of skirts.finished appearance and to control wheel splash. They may extend beyond allowable be applied to exterior contour of wheelhouses for mayFender skirts splashing.also have a brush to minimize wheelhousings shall clearance measurements.road splash. Splash aprons and their attachments will not be included in the road to protect all rear compartments from the bussectional but shall extend full width of front wheels. Rear splash aprons installed behind the rear wheels m of theof ground. The front aprons shall be installed either behind or in front -within 3thick fabric reinforced rubber shall extend to inch-1/4Splash aprons of covering.wheelhousing, it shall be covered on the interior by the same material as the floor trim shall be unpainted stainless steel only. If metal is used in construction of the Lower portion foot pounds of energy without penetration.-at least 200steel ball with inch-steel. Wheelhousings as installed and trimmed, shall withstand impacts of a 2gauge stainless -or 16. Rear wheelhousings shall be constructed of 14 steelstainless gauge 304 -Front wheelhousings shall be constructed of 14 gauge or 16 19 177 ends of the raceway. The bulkhead area shall be easily accessible for servicing.Bulkhead fittings shall be provided for all lines, air coolants, electrical and HVAC at both by RPT. ll be approved without removing any other component. Lines, routing, securement shaelectrical terminations and hose fittings shall be easily visible and easily tightened be maintained on the flexible portion of all lines through the use of a raceway. All aration shall bulkheads. Sep beled at the lead and trailing unitasecured, separated and lelectrical and electronic cabling through or to the turntable area. Line shall be crimping or leakage of all hydraulic, air, fuel and system support lines, as well as all rubbing, deflection of the turntable. The raceway shall prevent chafing, binding, A raceway shall be provided through the turntable area to accommodate to maximum angle is approached in either plane.ate when the maximum bend and positive mechanical stops. These devices shall operexceeded, the bus shall be provided with appropriate warning devices, brake interlocks refrigerant lines when the vertical or horizontal bending capabilities of the hinge are ical, air, hydraulic and In order to prevent damage to the structure and electr application and must be compatible with other fittings throughout the vehicle. passing through the turntable. Hydraulic fittings shall be suitable for the given ic, air, hydraulic, refrigerant) Easy access shall be provided to overhead lines, (electr requirements shall be submitted for the approval of RPT.floor hoist. The proposed configuration of these devices and the reverse speed r to reverse to back out of wheel locator depressions in a bus shall have sufficient poweaccelerator interlocks when the bus speed in reverse gear exceeds 1.5 mph, but the The bus will be equipped with a reverse speed governor that shall apply the brake and override the control or recover from the situation. trailing units as a result of a road accident. A means shall be provided so the driver can The interconnecting structure shall be designed to prevent separation of the lead and jackknife joint.-the antingerous or unsafe conditions. RPT will approve does not jackknife or operate in a daany other inputs, will control the degree of stiffness in the joint to ensure that the bus relative angle between the lead and trailing sections, throttle and braking actions, and by sensing the vehicle speed, -is jointjackknife joint shall be provided. Th-An anti such as greasing, adjusting potentiometer, maintenance items. with removable fasteners. An access hatch shall be provided for routine maintenance the bottom of the bellows. Closeouts shall be attached to prevent collection of trash incompartments. The area between the turntable floor and the bellows shall be closed 20 178-ot exceed 19Exterior projection of the doors shall be minimized and shall n glass.(6 mm) laminated safety inch-Glazing shall be 1/4 ing.zrear door may have split glaBoth rear and front doors shall have full length glazing in all door panels. The . 5.1as touch bars for passenger operation. Door height shall be a minimum of 7ll The doors shall have pneumatic sensitive edges for safety protection as we. wideinches 48 door or approved equal with clear opening of at least Vapor Slide glide or swing typehand side ahead of rear wheels shall be a two section -Rear exit door on right . are approved Ameriview bolted door panelsbetween the metal door edges. ing edges shall be of the overlapping type and provide a minimum of 4Mathigh with the door open. .1wide and 76 -34 inside grab rails shall be at leastapproved equal. The clear opening or type, out, glide type-section Vapor slidehand side ahead of front wheel shall be two -Front entrance door on right .outdoorsdoors may be rear mid and doors, and glide-lides or sfold style door-will be a bir egress. They shall not be damaged if used as an assist by passengers during ingress obar) and -construction. The doors, when fully opened, shall provide a firm support (grabwith bonded single skin aluminiumDoor construction shall be of extruded aesthetics. exterior may be of unique color or design to fit with the Proposed interior and/or, and resistant-any mechanism exposed to the elements shall be durable and corrosionStructure of the doors, their attachments, inside and outside trim panels, and requested by RPT for evaluation and approval. of bellows being proposed. A sample of the bellows and attaching hardware may be he Contractor shall supply information on the actual service life achieved by the type T free manner.-the bellows material in a neat, sagThe bellows shall be durable and its supporting structure and stiffeners shall support closeouts. section or -with no tripping or pinching hazards created by the turntable crosshe bus bodies, section of t-section that is as nearly equal as possible to the inside cross-The passageway between the lead unit and trailing unit shall have an inside cross necessary. n resistant, and the underfloor area of the bellows shall be easy to clean when corrosiointerior and keep it free from water, dirt and drafts. Bellows hardware shall be drains shall be provided between the lead unit and the trailing unit to seal the bus sag bottom closure and water -free, no-Replacement fabric type bellows with draft 21 179 rear door. A maximum force of 35 mid or area of any passenger struck by a closing inch -pound force shall be imposed on a 1 square-No more than a 10 switch has been intentionally actuated to release the interlocks. ster interlock while an interlocked door is in an unsecured condition, unless the door mamodes are of a failsafe type, thereby never allowing the possibility of release of the supporting failure mode effect analysis documention that demonstrates that failure h All door systems employing brake and accelerator interlocks shall be supplied wit nt to service brake application.equivale anis approved as adjustable braking effort set to 45 PSI -non A only work on the rear door.An option will be for the interlock to proof housing, if located inside the bus.-a tampermaximum capability of the rear axle brakes. The adjustment device shall be enclosed in The braking effort shall be adjustable with hand tools only, from zero effort to the in any run position. vehicle master switch is until the interlocks are released. These interlock functions shall be active whenever the capable of holding a fully loaded bus on a 6 percent grade with the transmission in gear to a smooth stop and shall be shall bring the bus panel.) The interlock engagementthree inches from the fully closed position (as measured fat the leading edge of the door mid/rear door enable or open position, or a mid or rear door panel is opened more than when the driver’s door control is moved to a to stop movement of the bussystem accelerator in the closed position and a brake interlock shall engage the service brake To preclude movement of the bus, an accelerator interlock shall lock the stay open when the bus is not in operation. opening of the door and allowing it tomanual operation of the doors. There will be a rear door override that will allow the doors, deactivate the door control system, release the interlocks and permit only shall when set in the "Off" position, close the is not within reach of the seated drivershut down. A master door switch which bus manual operation of the front door with the off the power to, and/or dump the power from, the front door mechanism to permit or valve in the driver's compartment shall shut ). A control8requirements of Subsection (seconds from the time of control actuation and shall be subject to adjustment Doors shall open or close completely in 1.5 to 3.0 controlled touch bars. -via passengeror equalvia the Vapor Class System or approved shall open sear doorMid and rdriver. Operation of, and power to, the passenger doors shall be completely controlled by the horizontal plane.position door control valve with single lever handle operating in a -, with a fivewith pneumatic door and rear doors shall be fully air operated , midFront bottom edge of all doors to reduce the entry of wind, dirt, and water.type gap filler shall be provided at the -. A brushtype rear doors are not acceptableapart. Pantographic sealed and the hard surfaces of the doors shall be at least 4. The doors, when closed, shall be effectively shall not exceed 20 businside the during the opening or closing cycles or when doors are fully opened. Projection 22 180 be tightened flush with the floor. alled flooring will be properly aligned. Fasteners will so that the ribs of reinst symmetrical-with stainless steel to prevent the edges from coming loose. Access openings will be non-interior. Flooring material will be flush with the floor and will be edge businto the ry of fumes, road noise, and water Access openings in the floor will be sealed to prevent ent that retain access panels shall be captive in the cover. shall prevent entry of mechanism lubricant into the bus interior. All fasteners latches andrtments shall be secured with hand screws or Access doors for the door actuator compa that retain access panels will be captive in the cover. so that only one tool is required to service all special fasteners within the bus. All fasteners tamper proof screws. Panel fasteners shall be standardized compartments, shall be withof the mechanic's way. Retention of all interior access panels, except on the door actuator shall be installed with spring hinges or gas filled props, as necessary to hold the doors out equipment unrelated to the repair task to gain access shall be minimized. Access doors panels and doors that appear to be an integral part of the interior. Removal of fixtures or Access for maintenance and replacement of equipment shall be provided by mechanism.minor door linkage with no resulting damage to the doors, engines, and complex the locked doors are manually forced to open, damage shall be limited to the bending of pounds to open manually. When -ll require a force of more than 100Locked doors sha bus.emergency device is actuated, the door interlock brake system shall apply to stop the The door emergency unlocking device shall be accessible at the door areas. When this ly device and shall require two distinct actions to actuate. marked as an emergency onactuating an unlocking device at each door. The unlocking devices shall be clearly using a force of no more than 25 pounds after busdoors manually from inside the In the event of an emergency, it shall be possible to open the operating profile.actuator system shall operate without a Class 3 failure for 50,000 miles on the design passengers but shall be easily accessible for servicing. All elements of the door and oor mechanism shall be concealed from to three seconds. Actuators and the complex ddoor opening and closing speeds can be independently adjusted from one second up from one second up to three seconds. Door actuators shall be adjustable so that the losing speeds can be independently adjusted manner so that the door opening and cmanufactured by Vapor) which shall be both rebuildable and adjustable in such a Each door shall be powered by a single actuator and motor (such as those or safety device on the rear door is inoperative.upon him, even if the sensitive edge pounds shall be required for a passenger to free himself after having either door close 23 181, . aesthetic design advance aovel use of exterior lighting to Proposers are encouraged to consider n solution will be tinted to provide easy visual indication that the washer solution is present.F regardless of season of delivery. The protected 0 20-antifreeze washer solution to filling the tank shall be provided. The windshield washer system will be protected with an determination of fluid level. An exterior access door for itself shall be translucent for easy resistant and the reservoir -. Reservoir pumps lines and fittings shall be corrosioneasy gallon reservoir, located for -The windshield washer system shall have a minimum 2.5 iped area. when used with the wipers, shall evenly and completely wet the entire wThe windshield washer system shall deposit washing fluid on the windshield and the bus.tors and mechanisms shall be easily accessible for repairs or service from outside wiper mowiper lift. Both wipers shall park along the edges of the windshield glass. Windshield the arms. At 60 mph, no more than 10% of the wiped area shall be lost due to windshield windshield wiper mechanism shall be damaged by manual manipulation of No part of the duty windshield wiper for each half of the windshield. They will be electrically operated. The bus shall be equipped with a variable speed (including intermittent) heavy All exterior access doors have stainless steel hinges. the bus.shall be standardized so that only one tool is required to open all major access doors on , square end tool to open. The locks inch-locks requiring a nominal 5/16 equipped withrestrict access for servicing other components or systems. Major access doors shall be body and shall be easily openable by one person. These doors, when opened, shall not cess doors shall hinge up and out of the way or flat against the bus for opening. Large acwith, or recessed behind, the body contour and shall be sized to provide an adequate grip resistant. Latch handles shall be flush -. Springs and hinges shall be corrosiongas strutsor center or shock supports-nterbalancing with overretained in the open position by couAll access doors shall be doors with horizontal hinges and safety props are also acceptable. Large access coming loose or opening during transit service or in the washing operations. rd edge and shall be prevented from All doors shall be hinged at the top or on the forwa with the body surface. tool operating space. Access door shall be of rugged construction. They shall close flush nings shall be sized for easy performance of tasks within the compartment including opeAccess Access to these compartments shall be from outside the bus. master switch.liquid to the windshield washer reservoir and for access to the battery compartment compartment and for all auxiliary equipment compartments including doors for checking propulsionrear Conventional or pantograph hinged doors shall be used for the 24 182, and accident taillights. The rear stop, turning, or white clearand the lower two red, middle , the amberaccess when rear and side closure doors are opened. The top light shall be if the vehicle is disabled along the road and to maximize service to oncoming vehicles the corner pillars so that they are visible even when the door is open, to provide warning Three (3) lights shall be vertically mounted on each side. The lamps shall be mounted on up operation. -ation of direction, stop/tail and backround lamp assemblies to give indicdiameter inch-) 48( eightThere shall be foot switches on the floor.rear lights shall have a sealed amber lens. Directional signals shall be controlled by two (2) lens;Front lights shall have a sealed amber/reflective All shall be LED. .FMVSS standardsand shall meet in diameter at the rear -diameter and 4 inch-oval at the front 4or inch round, -4rectangular inch-x 6 inch-Directional signals shall be 2 approved. t LED round turn signal lights arefron, and combination of LED for low beam and high intensity halogens for the high beamsA LED low beam outer and GE Halogen High Beam inner lights are approved. Dialight ed.rack life, at 12 volts. Low voltage daytime running lights are requir hour-320protected from moisture. Sealed beam units shall be latest type and low beam rating of High beam, low beam functions shall be controlled by a driver's foot switch, sealed and are also acceptable. The adjacent or inboard headlight shall be capable of high beam only. shall be dual type with low beam and high beam capacity are desired, but single headlamps . The outboard headlight or approved equal total and located horizontallytype, four (4) in sealed beam LED/halogen ,rectangular LED lightsFront headlights are to be . is preferred buscandle of light three feet from the foot-5foot candle of light, -a minimum of 3ghting systems must at a minimum provide liopening of the windows and will be shielded to protect passengers' eyes from glare. These door for this purpose. The lights may be positioned above or below the lower daylight tect passengers' eyes from glare. One light shall be located above the rear shielded to proare to be positioned below the lower daylight opening of the windows and shall be . The lights that meets or exceeds ADA requirementsilluminate the street surface to a level and rear doors shall activate only when the doors open and shall , midLamps at the front Type C or D. -reverse operation warning shall conform to SAE. Recommended Practice J994operation. Visible reverse operation warning shall conform to SAE Standard J593. Audible rse Visible and audible warning shall inform following vehicles or pedestrians of reve are opened.service doors propulsionLamps at the rear of the bus shall be visible from behind when the . practicalnses and fixtures shall be interchangeable to the extent and closing. Lamps, lecompartment doors shall be protected from the impact shock of door opening propulsionLights mounted on the mechanic. All exterior lamps will be designed to operate on 12 VDC.lamp shall be replaceable in less than 5 minutes by a 2M of moisture or dust, and each All exterior lights shall be sealed to prevent entry and accumulation except for step lights. 25 183 Individual passenger lights at each seat may be an setting during loading and offloading.evel while the bus is in motion and be adjustable to a brighter minimum ambient light lThe lighting will have the ability to be programmed for a .low vision and light sensitivityas well as the needs of people with applications to meet the aesthetic goals of the busesre encouraged to consider novel interior lighting Proposers a compartment. propulsion equipmentcontrolled by a switch located near the rear start controls in the illuminate the area for night emergency repairs or adjustments. The lights shall be compartment to generally propulsionLights shall be provided in the LED Required. license plate well. the shall be provided inepower license plate light two (2) candlrecessed rear license plate with a A LED Required. cause them to function as traffic hazard warning signals.A circuit shall be provided for the directional signals which, when on, will is approved. wheel well and forward of the street side front wheel wellectional lights located at forward of the rear Dir LED Required. on each side of the bus.just rearward of the front wheel well ional signals, shall be mountedt and rear directfronTwo (2) side directional light with an amber lens, to function with LED Required. amber lens, rear to have rectangular red lenses.or rectangular ounted at front and rear center of roof crown panels, front to be circular mIdentification lights (Michigan marker lights, individual type) to be Dialight is acceptable. LED Required. center of each side of the bus.normal height (there is no requirement for a rubrail) at atr lens shall be provided ambeIntermediate marker lights with maker lights at the roof line are acceptable. intermediate, or reflective decals at intermediate locations and amber front and red rear lensIndividual roof marker lights shall be provided at each corner of bus, with amber lamps centered above the engine door. ouropen. There will be ff the bus The accident prevention lights will be amber and flash when any of the doors o .activated. The lights will stay lit whenever the rear brake lights are nected to the rear brake lightsconcompartment door (all LED lights). These lamps will be electrically propulsion equipmentthe abovewill be equipped with a rear accident prevention system mounted busThe prevention lights shall be LED lights. 26 184 . passengers kicking lenses or fixtures and will not be a hazard to passengersremovable by passengers. Stepwell lights will be protected from damage caused by well as lamp and housing removal, and will not be easily to provide east of cleaning as passengers' eyes from glare. Light fixtures will be totally enclosed, splashproof, designed entry and exit step treads with the doors open. These lights will be shielded to protect candles of illumination on the foot-five are closed. The system will provide no less thanNIGHT/RUN, except the front stepwell lamps which will be extinguished when the doors A stepwell lighting system will be illuminated when the master switch is in RUN and ard interior lights on constantly. option of keeping the forwwill come on. A toggle switch on the driver's instrument panel will allow the driver the opened and the interior lights are on the forward left and right hand, interior light fixture is closed. When the front passenger door is extinguish when the front passenger doorThe forward left and right hand interior light fixtures will be so designed as to automatically fixtures, and power supplies will be maintained. requency above 18,000 Hz. Interchangeability of LED lamps, lenses, with an operating fmaterial and will be located at the individual light fixtures. Power supplies will be inaudible recessed type heads. Power supplies will be enclosed with fireproof -the lens with crossreaded fasteners are used, they must be captive in retained in a closed position and if thinsects but will be easily operable on hinges for cleaning and service. The lenses will be advertising media installed. The fixtures will be sealed to prevent accumulation of dust and ements will be attained without or direct lighting, although the interior lighting requiror interior trim if burned. Advertising media located in this area will be illuminated by back Lamp fixtures and lenses will be fire resistant and will not drip flaming material onto seats door. lighting will not be installed above the driver's side window and the frontjuncture of the bus ceiling and the side wall and may be provided over the rear door. LED acceptable. LED light fixtures will be located above the side windows at or near the m is generation Luminator syste newADA standards may again be substituted, the candles when the front door is closed. foot-twothe front door open and to no less than candles with foot-fourThe floor surface in the vestibule will be illuminated to no less than bike racks, special storage provisions, etc. lighting may be considered to define different areas of bus, such as wheelchair locations, Novel floor candles. foot-tenFloor surface in the aisle will be illuminated at no less than nterior lighting system is accepted as an approved equal. I/O Controls Corp i. oria Gen4 LED lighting are approvedPret ability, andinterior lighting with programming capPretoria LED .LEDsThe overhead interior lighting system shall be .the light panel extrusionor filler strips that snap into ttach with screwscandles. All fixture covers will a foot-sevenseating position except at the rear cross seat where the illumination may be decreased to degrees centered 33 inches above the floor and 24 inches in front of the seat back at each foot plane at an angle of 45 --candles of illumination on a one foot-15no less than nt and will be controlled independent of the run switch. The system will provide compartmeAn overhead LED lighting system will provide general illumination in the passenger option. 27 185 Night Run; Night Park is approved.; Day Run; master run switch with the following decals and controls: Stop A duty, momentary contact switches.-controlled, waterproof, heavy-footmounted, -by position and touch. Turn signal controls shall be floordriver's left hand. The setting of this control shall be easily determined d operable in a horizontal plane by the control, conveniently located anshape, touch, and markings. Doors shall be operated by a single in the most convenient driver locations. They shall be identifiable by kneel control, windshield wiper/washer controls and run switch shall be door control, on. Thepropulsion system All electrical systems and - parking lights, and marker lights.on, except the headlights, propulsion systemAll electrical systems and - and marker lights.those listed in OFF and power to radio All electrical systems off, except - .wiring and fare box detection/suppression system, , firecompartment lights and run box, auxiliary heater propulsionstop lights, turn lights, hazard lights, silent alarm, horn, interior lighting, All electrical systems off, except power available for the - position switch with the following functions:-The run switch shall be a four button switch. These controls include separate master run switch and start or driver's compartment.operation shall be closely grouped within the busControls for pedals are acceptable.adjustable foot -None limited by stops under the pedals. material. Pedal travel shall b, replaceable skid-nonresistant, -Foot surfaces of the pedals shall be faced with wearAccelerator and brake pedals shall be designed for ankle motion. ion. Rocker switches are acceptable. settings. All switches shall be illuminated for night visControls shall be located so that boarding passengers may not easily tamper with control should use SAE J833, “Human Physical Dimensions” when designing the driver control area. ded that Contractor In general, it is recommen .reach and controls shall be essentially withinconveniently located in the driver's area and shall provide for ease of operation. Switches All switches and controls necessary for the operation of the bus shall be This light shall be controlled by a switch that is convenient to the driver.shall illuminate the half of the steering wheel nearest the driver to a level of 5’ candles. The driver's area shall have a light to provide general illumination and it Wiring for this system shall be corrosion resistant and protected from moisture. five years.y interior steps shall be LED with a service life of at least ) bor by the steps Lighting (in floor 28 186 idle -Fast • controlled headlight dimmer switch, waterproof-Foot • (no identifier required) btransfer punches in steering wheel hu accumulation of ventHorn button in steering wheel hub, protected to pre • Hazard warning switch • Driver’s area light switch • Passenger chime switch • Instrument panel lighting intensity control • Interior lighting switch • Turn signal switch(es) • Kneel switch • Start button or switch • Master run switch • High beams • Daytime running lights (if equipped) • • Wheelchair stop request • Stop request • Service brakes applied (may be common with parking brake indicator) • Parking brake applied • Exit door open or unlocked • Hazard Warning (may be common with turn signal indicators) • Left turn • Right turn • High headlamp beam • Indicator lights immediately in front or in the side console of the driver shall include: sunlight.instruments and indicators shall be easily readable in direct minimized;all be shwindow, or front door windows from the instruments, indicators, or other controls be simultaneous with the marker lamps. Glare or reflection in the windshield, side position. Illumination of the instruments shall ahead-straightteering wheel is in the ssteering wheel or rim shall not obstruct the driver's vision of the instruments when the shall be located on the front cowl immediately ahead of the steering wheel. The The speedometer, air pressure gauge(s), and certain indicator lights Table II.shall be dust and water resistant. All required switches and controls are included in serviceable from the vestibule or the driver's seat. Switches, controls, and instruments replaceable, and the wiring at these controls shall be switches and controls shall be mounted -All switches and controls shall be marked with easily read identifiers. All panel 29 187 that failure of the circuit and/or sensor shall activate the malfunction indicator. An type, so circuit-operation of the lamp. Wherever possible, sensors shall be of the visibility problem at night. All indicators shall have a method of momentarily testing the determination of on/off status in bright sunlight but shall not cause a distraction or diately in front of him. The intensity of indicator lamps shall permit easy immediagnostic indicator lamp panel shall be located in clear sight of the driver but need not be diagnostic system. This diagnostic system shall have visual and audible indicators. The in -Critical systems or components shall be monitored with a built electronic speedometer is also approved. dometeropeedometer with an A s approved. isart of the shift selector unit back up signal as pA is approved. instrument panel to show gauge functions the n LED screen on A Fuel gauge on dash shall be available as an option. sufficient length and be routed to permit service without stretching or chafing the wires.shall have accessible for service from the driver's seat or top of the panel. Wiring for primary and secondary air tanks. The instrument panel and wiring shall be easily instrument panel shall also include air brake reservoir pressure gauge(s) with indicators The the transmission tail shaft. offThe speedometer pickup shall be practice J678. The speedometer shall be sized and accurate in accordance with SAE recommended A Vansco Intrument LCD display for additional indicators is accepted as an approved ter can be supplied as an option.and 40 mph near the top of the dial. An integral odome ° °The speedometer shall be a rotating pointer type, with a dial deflection of 220The instrument panel shall include a speedometer indicating readings in mph and kph. compartment)Destination sign controls (easily accessible without opening a • Public address system controls • Front door dump valve • Transmission control • indicated to the driver)Parking/emergency brake control (actuation of brake, not control, shall be • Driver’s heater control • Defroster control • Interior climate control • Windshield washers • Windshield wipers • Door control • Brake pedal • Accelerator pedal • Diagnostic light panel test switch • Master door switch • 30 188 .after the award RPTpatterns will be chosen by and transmagic GRP are all acceptable materials to be used in this area. Final color and thylene plastics, under normal operational conditions. Melamine, thermoplastics, kydex, polyeresistant to scratches and markings. Interior trim shall be secured to avoid resonant vibrations and vandalism; they shall be every dayMaterials shall be strong enough to resist unobtrusive. flameproof, and textile qualities. Trim and attachment details shall be kept simple and Materials shall be selected on the basis of maintenance, durability, appearance, safety, vehicles.FMVSS 302 for smoke/flammability on transit ments of coverings which shall meet the requireresistant, except vinyl seat -All plastic and synthetic materials used inside the bus shall be fireshall be no sharp, abrasive edges and surfaces and no unnecessary hazardous protuberances. h the bus interior. There armrests, and other interior fittings shall appear to be integral witthem fall to the floor when the bus is parked on a level surface. Handholds, lights, air vents, he lower edge of the side windows, or windshield shall be shaped so that objects placed on t, all interior surfaces more than 10 inches below practicalclean and maintain. To the extend . It shall have no sharp depressions or inaccessible areas and shall be easy to aesthetic goalsmeets RPT The interior shall be generally pleasing, modern, and indicators may be common; however, both functions shall be provided.*Visual Transmission code sent No Check Transmission Failure of antilock braking No ABS Fail compartment. battery Over temperature in Yes Fire .low switchCompressor off at high/ No A/C stop neeling system activatedK Yes activated Generator not charging or No Yes Generator stop level low fluidRadiator Yes Low coolant* or secondary reservoirsAir system pressure low in primary Yes Low air recommendations Per manufacturer’s Yes state of chargeLow diagnostic systems improves. board-onthe capability of Space shall be provided on the panel for future additions of not less than 3 indicators as . Malfunction and other indicators listed in Table III shall be supplied on all buses.driver80 to 83 dBA at the ear of a 5th to 95th percentile system. The audible alarm shall be ostic audible alarm shall sound when certain malfunctions are detected by the diagn 31 189 Seating and interior trim shall have features to improve safety, comfort, and fluorescent lighting system.d by the interior and shall support the media without adhesives. The media shall be illuminateshall be retained near the juncture of the ceiling and side wall. The retainers may be concave thick inch-high and 0.09 -Advertising media 11 hinged panel. covered with carpet to dampen the sound. Access to rear electrical console is provided via a will then be compartment propulsion equipmentledge between the rear lounge seat and the . The or melamine glass (gelcrfibe mouldedbulkhead will be panelled with reinforced covered with matching rubber transit flooring. The rear , or stainless steelplywood inch-The interior rear wall shall be carpeted and the riser below the rear seat will be ½ .black finished surfacepainted, and plated parts forward from the driver's barrier shall be finished with a dull matte resistant, and replaceable. All colored, -dash panels shall be reinforced, as necessary, vandalinished to exterior quality. Plastic material. Formed metal dash panels shall be painted and fglass rebe formed metal, plastic or fiband any trim around the driver's compartment shall standing or walking in the front of the bus during rapid deceleration. Panelling across the front assengers with his feet. The front end shall be free of protrusions that are hazardous to pbehind the dash and to prevent the driver from kicking or fouling wiring and other equipment The entire front end of the bus shall be sealed to prevent debris accumulation an approved equal.moldings is accepted as -Anodized aluminium trim J EPS is an acceptable material. Polystyrene. and meet all Federal requirements absorptiongreater than or equal to 5 and with low water inadvertent opening. Ceiling insulation shall have an R value of service but retained to prevent covering operational equipment that is mounted above the ceiling shall be on hinges for ease panels are retained at the top of the side air duct/lighting fixture housing. Headlining panels p track. The outer edges of the make the edges tamper proof, shall be stainless steel snawhere panels are in contact with metal members. Moldings and trip strips, as required to Headlining materials shall be treated or insulated to prevent marks due to condensation panels are applied. without loose edges. Adhesive cushion strips are applied to frame before Headlining shall be supported to prevent buckling, drumming, or flexing and shall be secured minimum thickness inch-Ceiling trim panels shall be melamine, or equal, 1/8 material is not acceptable. material. Painted inch-The side window post cap mullions are to be constructed of 1/10 strips are applied to frame before panels are applied.. Adhesive cushion or approved equal moldings aluminiumretained by anodized melamine inch-Side wall panels below the windows are to be constructed of 1/10 32 190 handhold shall extend above the seat back near the aisle.3directly behind and where vertical assist is provided in accordance with Section 1.2The seat back handhold may be deleted from seats that do not have another transverse seat ion. as by larger passengers, to assist with seat access/egress for either transverse seating positpercentile female, as well -percentile male passenger. The handhold shall also be useable by a 5th-use a standee using this assist to interfere with a seated 50thhand. This handhold shall not cahave a convenient vertical assist, no less than 4 inches long that may be grasped with the full . The handhold shall extend above the seat back near the aisle so that standees shall decelerationssafety hazard during severe for standees and seat access/egress. The handhold shall not be ain diameter inch-The back of each transverse seat shall incorporate a handhold no less than 7/8 be used in combination.Pedestal may also -Cantilevered and T ).ncluded in the configuration(if i in the raised rear sectionof the seat or side wall shall not introduce a laceration hazard. Pedestal seating shall be installed radius shall be smooth. Structural failure of any part runderside to the side wall to the floor coveition from the seat wall shall be configured to prevent debris accumulation and the transabove the floor. The underside of the seat and the side of the aisle shall be at least 10 for the intended service. The lowest part of the seat assembly that is within 12strength facilitate cleaning. The structure shall be fully cantilevered from the side wall with sufficient room and is completely free of obstructions to manoeuvringmaximized to increase wheelchair constructed and mounted so that space under the seat is doors andbetween entrance and exit The passenger seat and its supporting structure shall be cantilevered .Proposerthe successful . Final seating arrangements will be designed by -at standing passenger hip height. Minimum width of transverse seats shall be 34 wide at seated passenger hip height The aisle between the seats shall be no less than 24 lation.to prevent debris accumuarea between the longitudinal seat backs and the attachment to the side walls shall be designed Thickness of the transverse seat backs shall be minimized to increase passenger knee room. The seats, shall accommodate two passengers. Each transverse, forward facing seat, except the rear positions.positions in paired transverse seats immediately behind other paired transverse seating for cushioned seating option shall be minimum 26.5 inches at all seating room knee-to-Hip. materials Proposalating layouts to be submitted with eS materials. Proposalseating layout with provided the wheelhouse is shaped so that it may be used as a footrest. Please provide a . Seats immediately behind the wheelhousings may have foot reduced, an 12be no less thmeasured at the floor forward from a point vertically below the front of the seat cushion, shall using a fiberglass molded shell seat. Foot room, seating positions shall be no less than 26knee room at all -to-wheelchair positions. Hip, including two or greater passengers 40 beshall . Seating capacity facing-and none shall be rear As many seats as possible shall be forward facingwhere seats may be arranged as appropriate with due regard for passenger access and comfort. air areas transverse, forward facing configuration, except over the rear wheelhousings, wheelchThe passenger seats shall be arranged in a s aesthetic goals.’and shall meet RPT capacity 33 191 up seat (sets of two or three), shall be installed to accommodate parking space and secure -FlipColors of these seats and inserts or cushions shall match regular seats. Docket 90A.high resistance to tearing, flexing, wetting and shall comply with safety standards of White Book hall conform to SPI standards and specifications in tests for plastic foam. Materials shall have sAll seat cushions and backs shall be interchangeable throughout. All materials and workmanship special tool so that they are easily removed by the maintenance staff but not by the passengers. detachable by means of a simple release mechanism employing a securely attached and shall be . Seats, back cushions, and other pads shall be inch-1/4chest impact zone shall be a nominal The minimum radius of any part of the seat back, handhold, or modesty panel in the head or ructed of energy absorbing materials. transverse seats shall be consthandhold, and upper rear surface of the modesty panels located immediately forward of constructed of energy absorbing materials. The upper rear portion of the seat back, seat back nd comfort to each individual passenger, and shall be contoured for lateral support, individuality, aMaterials used shall minimize damage from vandalism and shall reduce cleaning time. The seat glass inserts.rek areas to accept padded or fibrecessed in seat and bac. The shell shall be practicalt Complete seat assemblies shall be interchangeable to the extenin the knee room area. -exposed edges. The seat back thickness shall not exceed 1/4for individuality, lateral support, and maximum comfort and shall fit the framework to reduce contoured mounting brackets and other components shall be stainless steel. The seat shall be . Any visually exposed metal of the standard seat structure including or approved equal glassrfibe mouldedSeat material of the standard configuration seat shall be form a safety hazard.and shall be free from sharp protrusions that armrests shall have a minimum width of 2op and sides of the be constructed and trimmed to complement the modesty panels. The tThe area between the armrest and the seat cushion shall be closed by a barrier or panel and still surface.above the seat cushion 9-e seat cushion. Armrests shall be located from 7the end of thof inches -to 3½ -up when the armrest on the adjacent fixed longitudinal seat is within 1½Armrests are not required on longitudinal seats located in the wheelchair parking area that fold ng passengers from sliding forward off the seat. fixtures perform the function of restrainiimmediately to the rear of a transverse seat, the driver's barrier or a modesty panel and these the ends of each set of longitudinal seats except on the forward end of a seat set that is rests shall be included on way for one wheelchair per unit of three each longitudinal seats. Arm. When folded up, will make wheelhouseshandholds. Longitudinal seats may be mounted on the Longitudinal seats shall be the same general design as transverse seats but without seat back as an approved equal. may be acceptedComposite resin handholds . Armrests shall not be included in the design of transverse thermoplasticd shall be The handhol 34 192 from the 5th percentile female the 95th percentile male. driversaccommodate five (5) inches. The seat shall Vertical adjustment travel of the seat must not be more than seat to meet the FMVSS 207/210 pull test. Seat belts shall be retractable, mounted to the seat with an internal safety strap that allows the lumbar, and sacral regions of the back.vents breakthrough. The back pan shall be curved to support the cervical, thoracic, preshall be equipped with a solid steel back that steel andshall be constructed of tubular backshell shall be installed onto the seat back to protect the upholstery. Seat back frame prevent the seat hitting the driver’s barrier. An ABS plastic protective shall be supplied to inches, adjustment accomplished by an air actuated fore and aft slide release. Seat stops travelling upon rough roadway surfaces. Fore and aft seat travel must be at least nine (9) ent dampening capability to preclude “bouncing” while Seat support shall have suffici sides of the seat. driver must be able to operate the manual back recline and seat cushion tilt controls from both sizes. All controls must be conveniently accessible by the operator from the seated positions. The t driver driver’s seat shall be ergonomically designed so it will adjust to compensate for differen not interfere with the movement and adjustability of the seat. Upholstery will be ventilated. The . The seat must be equipped with a retractable seat belt that does approved equal ) orHBCLVBLK(insert required Highback Vinyl Black Leather with cloth ,, manual lumbar support, and ventcell air -3 Metro withseat back cushion. The driver's seat will be an air ride Recaro Ergo the bolsters in the seat back for lateral support and pneumatic lumbar support in the lower part of The driver’s seat shall be an air suspension type with headrest, pneumatic side tiedown shall meet all ADA laws and Federal safety requirements.for use when no wheelchair is parked. Wheelchair position, chair restraints and passenger wn seats do-surface as per previous specification. This seat assembly shall be equipped with foldis in operation and shall illuminate the street bridge plateThe lamps shall illuminate when the or adjacent to the stepwell to floodlight the loading area. sdoorwayLights shall be provided above turning areas for wheelchair footrest clearance. above the floor surface should be provided on the outside of vertical clearance of 12diameter circle. A inch-48s are expected, space should be clear in a full area where 180º turnand in the parking wheelchairs should have a clearance arc dimension no less than 45turns of 0, areas requiring 90 space. As a guide no width dimension should be less than 34the bus when parked in the designated parking occupant shall protrude into the normal aisle of Engineering diagrams should be included to confirm this. No portion of the wheelchair or its must meet ADA standards. Maneuvringback out. area anddesignated parking evise through the bus to the travel for two passengers in wheelchairs from the loading droom inside the bus shall accommodate easy Maneuvring not both on the same side. ,the busdown positions shall be on either side of -he tieT folding up to make way for two wheelchairs.ilities of tiedown for passengers in wheelchairs. These seat assemblies shall have the capab 35 193 will not be required if the seams where moisture may enter into the flooring material. Caulkingwash with cleaning solutions. Clear or matching silicone caulking will be used at any point such as will provide a floor that is free of tripping hazards and easy to clean by dry and wet joints thatbutt trim orvoids. All seams and interfaces with the wall, wheel wells, etc., will be covered with bfloor by waterproof adhesives without The floor covering will be attached continuously to the su . ror extend to the top of the cove rmaterial. The floor covering shall closely fit the sidewall covefloor under the seats shall be covered with 1/8 of an inch thick, smooth surface flooring The the top step. At the rear door, however, a separate strip as wide as the door will extend from the center strip to top step. inch thick in the aisle section and as wide as the door shall extend from the center strip to the shall be 3/16 of an center strip and the wheel housings may be separate pieces. The materialseat between the aisle sides of transverse seats to the standee line. The covering between the piece center strip shall extend from the rear -ective in all weather conditions. A oneremains effskid material that -The floor in the passenger area shall be covered with non vestibule.duty, rubber composition material. Color of the driver's floor shall be coordinated with the -of an inch thick, smooth surface, heavy debris accumulation. Any floor coverings shall be 3/16cleaned and shall be arranged to prevent 's compartment shall be easily The floor in the driver shall not position the driver so the driver’s vertical upward view is less than 15 degrees. m height from the leading edge of the bumper. Notwithstanding this requirement, the platfordriver can see an object located at an elevation of 42 inches above the road surface, 24 inches The driver’s platform shall be of such height that in a seated position, the the edge of the steps, bright yellow.ne with the driver's barrier. This line shall be the same color as aisle in li busextend across the wide and shall -longitudinally in line with the aisle. The standee line shall be at least 2present no tripping hazards. Floor covering ribs shall run transversely in line with the entrance, rea, shall be smooth and transitions of flooring material to the main floor and to the stepwell afloor covering, as well as composition material that remains effective in all weather conditions.skid, rubber -The floor in the vestibule shall be covered with 3/16 of an inch, non look floor or other unique floor covering to advance the design intent of the buses. -woodas may be Proposed by the Contractor, or alternatively may offer a covering in the center aislestandard smooth flowing quality -highwill accept RPT In addition to the specifications below provisions.RPT will consider a heated seat for driver comfort as part of the winter weather package 36 194 .busthe fin the lower portion o217 -emergency latches as per FMVSSopenable by the customer except in an emergency. Windows are fitted with -will be non217. The windows -All side windows shall comply with FMVSSbe treated to prevent corrosion. All aluminium and steel material will uses. provided to facilitate the aesthetic design of the bmeet the emergency escape requirements. Alternatively, a hidden frame (flush) look may be Side windows may be fixed in position except as necessary to road excitation is not apparent. ration from normal disturbing adjacent windows and shall be mounted so that flexing or vibnot be bonded in place and shall be easily replaceable without Side windows shall the buses. Proposers are encouraged to incorporate windows into the aesthetic design of the windshield.23% light transmittance or match a minimum of safety glass. Window tint shall be green and single density tint, laminated inch-or 7/32 inch-1/4replaceable. The glazing material shall be a ded in place and shall be easily . The driver's side window shall not be bonexterior handlewith an interior and fore and aft sliding sashes utilizes or rearward in tracks or channelsview mirror. This window section shall slide -seated driver to easily adjust the left outside reart the The driver's window shall be sliding and open sufficiently to permi during their useful life. The useful life of this glass is six (6) years.1003. Windshield, driver's window and side windows must not fog at the edges - withdark, shaded band with a minimum luminous transmittance of 6% when tested in accordance density tint. The upper portion of the windshield above the driver's field of view shall hplace windshield shall not be used. The glazing material shall have single -in-moldings. Bondedlocks from the windshield retaining -ily replaceable by removing zipwindshield shall be easany part of the bus interior behind the driver's barrier shall be visible in the windshield. The barrier. Reflections in the remainder of the windshield shall be minimized, and no reflection of immediately forward of the driver's essentially no reflections shall be visible in the windshieldfrom inside the bus. When the bus is operated at night with the passenger interior lighting on, The windshield shall be designed and installed to minimize external glare as well as reflections obstruction.of binocular °angle in the driver’s field of view. Windshield pillars shall not exceed 10°a 3requirement provided that the divider does not exceed °be ignored when determining the 90Any binocular obstruction due to a center divider may above the line of sight. °minimum of 90in front of the bus. The horizontal view shall be a feet high no more than 2 feet object 3½cluding any shaded band. The vertically downward view shall permit detection of an inand measured above the horizontal °15 J1050. The vertically upward view shall be a minimum ofwindshield shall permit a driver's field of view as referenced in SAE Recommended Practice tinted safety or laminated glass is acceptable. The inch- reinforced fiberglass aperture or 1/4laced in a thick-inch-.270The windshields are laminated, formed safety glass ASI, Grip 847.-adhesives include Aquastik 2900 and Scotchplywood used is marine grade and the adhesive used is St. Claire #45136. Other approved 37 195 penalty of 5 Dba shall be added to the sound level noise contains an audible discrete frequency, atest. Instrumentation and other general requirements shall conform to SAE Standard J366. If the the test, the ambient noise level in the test area shall be at least 10 dB lower than the bus under h. During of the pat feet concrete pavement in an area free of large reflecting surfaces within 50The bus shall accelerate at full throttle from a standstill to 35 mph on level commercial asphalt or be closed and all accessories shall be operating during the test. equipment. All openings shall The bus shall be empty, except for test personnel, not to exceed four persons, and the test following test conditions.Dba under the 77 exceed 83 Dba and the driver shall not experience a noise level of more than hall not generated noise level experienced by a passenger in any seat location in the bus s-The bus and accessories switched off. propulsion motorwith the inside. These conditions shall prevail with all openings, including doors and windows, closed and y point measured at the outside skin of the bus shall have a sound level of 65 Dba or less at anthem shall provide sufficient sound insulation so that a sound source with a level of 80 Dba The combination of inner and outer panels and any materials used between products must comply with burn rate criteria of FMVSS 302.The Dupont AE64 square edge Styrofoam is accepted as an approved equal.value of 5.0. -and side wall panels with Rfoam insulation manufactured by an extrusion process on the roof polystyrene inch-1, or used between panelsinsulation is closed. Styrofoam SM brand thermal cannot be felt by the driver or passengers during normal operations with the passenger doors rafts the interior temperature requirements. The body shall be adequately sealed so that dthe bus, and any material used between these panels shall provide a thermal insulation to meet The combination of inner and outer panels on the sides, roof, and ends of water. resistant and shall not absorb or retain oils or -compartment shall be fire propulsion equipmentand resistant to fungus and breeding of insects. Any insulation material used inside the hygroscopic -compacting or settling during the life of the bus. The insulation material shall be nonired by vibration quantities to impair insulation properties. Insulation properties shall be unimparesistant and sealed to minimize entry of moisture and to prevent its retention in sufficient -Any insulation material used between the inner and outer panels shall be fire panel or “zipped in”.single density laminated glass clamped to rear inch-piece ¼-a fixed, oneit will be d, requireIf it is .Contractorrequired by the No rear window will be required unless 3. -ANSI standard type ASAlternatively, side window glazing material may comply with thmetic mean of the percentages of light scattered shall not exceed 5%. 1000 cycles and the ari5 Safety Glazing Materials except for Test Number 17 which shall subject the specimens to -AS1977 Standard for Type -equal. The material shall conform with the requirements of ANSI Z26.1nominal thickness laminate glass or approved inch-1/4Side window glazing material shall be 38 196 automatic washing operations. inches above the street surface. Mirrors will retract or fold sufficiently to allow 56is no less than will be mounted so that its lower edge sirrorMdamaged when the mirror is struck in an accident. or its structure is bus prevent vibration and loss of adjustment, but not so firmly attached that theto busrectangular mirror on the passenger side of the bus. Mirrors will be firmly attached to the convex mirror will be mounted to the inch-6 by inch-4 a Additionally, the bus.on both sides of mirror rectangularconvex mirror will be mounted to the rectangular mirror, it will be above the diameter inch-5a Additionally,(width) and have a minimum surface area of 80 square inches. re at least ten inches (height) by eight inches mirror will measu view-rearthe rear wheels. Each . The mirrors will permit the driver to view the highway along both sides of the bus including busequipped with remote controlled, corrosion resistant, outside rearview mirror on each side of the will be busshall include remote control and heated mirrors. The Proposal The requires a light on the dash. also RPT. of the stop requested sign the ADA light is on the end system is made by Transsign andwill approve a system that meets ADA requirements. Such a RPTfor wheelchair patrons. separate light signal is required Alight on the operator dash plainly visible to the driver. g a stop has been requested and a colored electric sign in the front center of the bus notinrequest feature is to be incorporated into the exit signal system, this will feature an controlled toggle switch will deactivate the chime system. A stop -. A driverfoot pounds-5required shall not exceed require tight grasping, pinching, or twisting of the wrist. Force . It shall be operable by one hand and shall not ’s option RPTor touch pad at above the floor these will be tape nor less than 15 be no more than 48shall Separate controls shall be provided at each wheelchair securement location whichable to easily reach the chime signal located near the passenger interior lighting fixtures. passengers, standees, and passengers standing at the rear door. Standees will be seated will be provided. The chime will have pull cords that are convenient to bus inside the A passenger chime signal audible to the driver and to passengers anywhere s area.’installed in the driveroat hook and strap shall be shall be the roller shade type of visor. In addition to visors, a c at angles more than five degrees above the horizontal. The sun visor for the operator’s window during adjustments. Visors, when deployed, will be effective in the driver's field of view breakage made easily by hand. Sun visor construction and materials will be strong enough to resist Deployment of the visors will not restrict vision of the rearview mirrors. Visor adjustments will be uch as the radio handset or the destination control. system or foul other equipment sVisors will store out of the way and will not obstruct air flow from the climate control . Pull down visors are requested.inch ot be a gap of greater than 1light leakage between the visor and windshield pillars, there must nwill be shaped to minimize )s(VisorPull down sunscreens are acceptable. driver's side window. Adjustable sun visor(s) will be provided for the driver's side of the windshield and the measured. 39 197 ed in colors to match the coat may be powderpercentile female standee. They -e 4ththpercentile male and -assists shall be convenient in location, shape, and size for both the 95thhandholds shall be provided for the safety of standees and for ingress/egress. Passenger Passenger assists in the form of full grip, vertical stanchions or Proposal. Proposer shall provide details of the storage bins at the time ofseveral areas of the bus. may be at designated seats in the bus, or an overhead compartment in securements moving. Thein the passenger area while the bus is other provisions storage bins or in securementneed storage space for packages, including small boxes, small coolers, and other carryon items that Proposers are encouraged to provide options for RPT consideration for retained with a 1/4 turn thumb latch.driver to secure his valuables. The box cover shall be s area to allow the ’A security box shall be provided in the general driver Seat Belt Cutter. e) Kit Biohazard d) This is the minimum requirement. be provided. Up Kit shall-Body Fluid CleanIn addition, a standard disposable CPR mouth piece. inch-by 3 inch 100 bandages that are 3/4one box of -and a minimum of 12 per unit inch-by 3 inch-units of sterile gauze pads that are 32 -long feet esive tape at least 7.5adh inch-2 units of 1 -81.16. It shall contain at a minimum one First Aid Kit meeting or exceeding the requirements of Manufacturers Code -First Aid Kit c) 125 in a case and mounted. directional emergency reflective triangles conforming to the FMVSS -three bi -Safety Triangles b) accessible to the Driver.5 lb Fire extinguisher (ABC type). The safety equipment shall be mounted where it is easily a) ea.adjustable bracket and allow the operator to view the exit door and stepwell arparabolic mirror will be mounted at the exit door area to an inch-adjustable bracket. A 12, will be located so as not to interfere with passenger traffic and be mounted on an round inch-6A center rear view mirror will be located above the windshield. A right windshield header mirror, right outside mirror.anywhere in the aisle, and in the rear seats. Inside mirrors shall not be in the line of sight to the rear stepwells, standees in the vestibule) he shall be able to observe passengers in the front andload, (including -without leaving his seat and with shoulder movement, with a full standeeMirrors shall be provided for the driver to observe passengers throughout the bus SafeFleet adjustable heated exterior mirrors are accepted as an approve equal. 40 198 of knuckle clearance inch in width and shall provide at least 1½ inch-3/4 assists no less thanhall be fitted with the aisle side of the rear door modesty panel. Read doors, or the exit area, sprovided at the aisle side of the transverse seat immediately forward of the rear door and on ertical assists that are functionally continuous with the overhead assist shall be V -staggered across the aisle from each other where practical and shall be no more than 52edge of the seat and shall be functionally continuous with the overhead assist. Assists shall be all extend from near the leading between every other designated seating position. Assists shLongitudinal seats, excluding flip up seats, shall have vertical assists located hang from the overhead assist.area over the wheelchair position a plastic assist will shall be lost due to assist supports. In thelength. No more than 5% percent of the full grip feature inch-support 150 pounds on any 12above the floor. Overhead assists shall simultaneously The assist shall be no less than 70transverse seats. bus and shall be located over the center of the aisle seating position of theoverhead assist shall be provided. This assist shall be convenient to standees anywhere in the grip -Except forward of the standee line and at the rear door, a continuous, full to the front assist, to vertical assists on the driver's barrier or front modesty from the door assistassists at the front shall be arranged to permit a 5th percentile female passenger to easily reach d surface. The above the floor or the average step trea -The assist shall be no less than 36 door through the fare collection procedure.the vestibule space, the assist shall provide support for a boarding passenger from the front leration. Without restricting fare collection device or windshield in the event of a sudden decea located across the front of the bus and shall prevent passengers from sustaining injuries of prevent inadvertent wedging of a passenger's arm. A horizontal passenger assist shall be r to vertical passenger assists. These assists shall have sufficient clearance from the barrieThe aisle side of the driver's barrier and the modesty panels shall be fitted with prevent passengers from moving or twisting the assists. ped to joints in the assist structure shall be underneath supporting brackets and securely clampotentially dangerous conditions associated with a lack of structural integrity of the assist. All foot intrusion shall not produce sharp edges, loose rails, or other -A crash resulting in a 1 Two hanging straps must be provided in the wheelchair seating section. .wheelchair sectionin the passenger seating area behind the per bus tenmum of vertical pole with a miniOne hanging strap is required between each kle clearance around the assist. of knuc inch-½ . All passenger assists shall permit a full hand grip with no less than 1inch-1/4radii no less thanin diameter or width with inch-1/4be 1those mounted on the seats and doors, the assists shall from one assist to another using one hand and the other without losing support. Excluding percentile female passenger may easily move -back assist or as a separate item so that a 5thportion of seat and out the exit door, a vertical assist shall be provided either as the vertical. Starting from the entrance door and moving anywhere in the bus Proposed interior aesthetics 41 199 life requirements. The electric propulsion system shall meet or exceed all applicable local, state and/or federal useful excess power shall be available to operate all accessories. enable the bus to meet the defined acceleration, top speed, and gradability requirements. provide power to turbines, hydrogen fuel cells, etc. The electric propulsion system must be able to internal combustion engines, gas any onboard range extenders, including, but not limited to and SAF J2344 to the greatest extent possible. The propulsion system shall not be supplemented by be all electric, conform to SAE J2910 Propulsion system and drive train shall The exit signal shall be easy to reach. All systems must meet current ADA rules and regulations. Department of Transportation) and jump seats. Wheelchair accessible buses will have two tie downs (approved by the Minnesota equal. approved is an Straint ’Q securements from Quantuman automated securement system; guidelines, including the requirement that one securement must be front facing. RPT prefers Wheelchair securements must be in compliance with all federal ADA that dirt and debris will not enter the mechanism. It shall also be sealed so .or a mechanical latch able to be manually deployed by a pull strapbe also must plate. The STOW - -STOW or DEPLOY -instrument panel marked position toggle switch on the -of an easy to operate three controls consist The driver’s shall not exceed 6:1. epounds. When deployed to boarding and alighting surface, the slope of the bridge platt a load of 300 strength of the material. Bridge plates shorter than 30 inches shall supporover an area of 20 to 26 inches with a safety factor of at least 3, based on the ultimate distributed eminimum load of 600 pounds placed at the center of the ramp or bridge plata inches or longer shall support -. Bridge plates 30at the front door plate shall be usedbridge steel-stainlessinches, a -and the boarding and alighting surface is no more than 3entry boarding where the vertical transition from the vehicle floor -For level he outside edge of the lower step tread. assists shall be no more than 6between the assists that are functionally continuous during the entire exiting process, and the 42 200 configurations may be Proposed, but Contractor must include a description of the deviations to maximize the performance and efficiency of the system. Alternate components The Contractor shall submit the optimal configurations of the propulsion system system in accordance with OEM requirements.required for maintaining the electric propulsion ostic equipmentspecialty tools and diagnvoltage components. The Contractor shall provide all -are essential when servicing highUpon Proposal submission, the Contractor shall identify safe electrical work practices that voltage components. -essential when servicing highThe Contractor shall identify safe electrical work practices are maintenance is assured. shall be arranged so that accessibility for all routine propulsion system The conditions in Rochester, MN. ing into account the operating provided by the Proposer at the time of Proposal submission, takbe The operating range of the bus run on the design operating profile shall acceleration/deceleration range and shall average 0.3g/sec under normal driving conditions. Jerk, the rate of change of acceleration, shall be minimized throughout the mph. Acceleration measurement shall commence when the accelerator is depressed.An average acceleration rate of at least 0.6g shall be achieved at SLW between 0 and 15 .Proposerspeed. Final gear ratios will be discussed with successful is more important than top Gradability 8.25% grade. anmph on a 4.47% grade and 22 mph on de or 40 enable the bus to maintain a speed of 38 mph on a 5% grade and 22 mph on a 10% gra0.3 and above at SLW with all accessories operating. The standard configuration powerplant shall requirements shall be met on grades with a surface friction coefficient of Gradability available for top speed of 68 mph governed to 65 mph.Option shall be maneuvers) on a straight, level road at SLW with all accessories operating.top speed of 60 mph (for emergency and passing The bus shall be capable of a said standardsA list of applicable industry standards and verification that the Proposed system meets - A detailed wiring diagram or electrical schematic for the high voltage system- within the electric vehiclerouting voltage wire -An illustration of the physical layout of the propulsion components and high- major propulsion system components of theA block diagram - A written narrative of the system - Propulsion System, including:ription of the Proposed The Proposer shall provide a detailed desc 43 201 for RPT evaluation. e adequately described in the Proposal and traction controller and charger interfaces shall bsystems, battery management systems, watering/venting systems, interconnections, fusing management -thermalThe ESS design, including containers, module bracing systems, functional. fully charged and recommended practices, and upon delivery of the vehicle, the ESS will be The ESS shall be fully formed, installed, tested in accordance with battery manufacturer’s requirements, as applicable. lithium batteries, including UN/DOT38.3 and/or SAEJ2464 -nonsimilar requirements for The ESS shall fully comply with the most stringent U.S. DOT standards for lithium batteries or considered as they relate to the characteristics of different battery types of capacities. cost, benefits and reliability variables related requirements are met or exceeded, withspecifications, forwards and backwards compatibility with charging equipment and other The ESS shall be designed, sized and selected to ensure that the vehicle performance applications. in similar traction proven track record of safe, reliable and durable operation-with fieldenvironment throughout the useful life of the vehicle. The ESS shall use battery technology The Energy Storage System (“ESS”) shall be of a design capable of operating in RPT’s transit the vehicle. software system. RPT will be granted full reprogramming functionality to all components of em and the latest maintenance and diagnostic programmable performance control systcharging the energy storage system, shall be electronically controlled. It shall have provided to limit motor speed to a safe value. Propulsion system operation, including e or amperage. A programmable system shall be if its maximum designed load, speed, voltagThe propulsion system shall be designed so that no component operates at more than 80% vehicle.operate all accessories at their normal operating condition throughout the useful life of the shall be available to In addition to power required for propulsion, sufficient excess power deceleration rates. The propulsion system shall be programmable to allow optimization of acceleration and or other variances related to regenerative braking. Charge (“SOC”)the System State of Specifications. Braking application and performance shall remain consistent regardless of The propulsion and braking systems shall meet the performance requirements of these heir anticipated impact on performance and efficiency.and t 44 202 exposure to hazardous electrical current in the event of any accident. Analysis and test data will also minimize potential will not be exposed to hazardous electrical current. This design The bus body shall be designed and constructed to ensure that passengers and the operator distribution between axles so as to not adversely affect handling of the bus. appropriate wight to equalize weight between the wheels on the same axles and to achievethe bus withinspace and vehicle weight distribution. The batteries shall be load distributed The ESS shall be placed on the bus to optimize both interior warranted end of life is at 80%, then the usable capacity shall be from 100 kWh to 240 kWh. percent of remaining capacity. For example, if the capacity when new is 300 kWh and the this RFP as measured by warranted end of life as defined within the Warranty terms of meet the intended duty cycle when new and up until the degradation has reached the The ESS shall have sufficient energy storage capacity to .ent testing agencycertification of testing by an independinclude documented results of life cycle testing at the time of Proposal submission, including durations, and expected ambient temperatures and operating profiles. Proposers shall the proposed charging rates, charge application atlife of the batteries used for this cycle procedures used to validate the -Proposals shall include complete descriptions of all life warning system is required at the time of Proposal. em shall be provided. A complete description of this phased automatic shutdown systsufficient warning to the operator. An approved system shutdown may be used, including a system, the propulsion system manufacturer, together with the Contractor, shall provide in any way damage the ESS and/or the propulsion If running the ESS with a low SOC will operation for the RPT transit system operating requirements.battery within the battery manufacturer’s recommended temperature range during The battery thermal management system shall be adequate to maintain the m. transit systeperformance of the ESS over the anticipated environmental operating range of the RPT Thermal management will be provided as needed to ensure the optimal life and necessary to accomplish daily recharge events within the RPT operating profile.he battery system shall be capable of withstanding the current and voltage profiles T battery system in the specified application shall be provided.cycle cost analysis of the Proposed -and cycle life shall be stated in the Proposal, and a lifebattery, including an explanation of all disclaimers within the warranty. The charge cycle The Proposal shall also include a comprehensive statement of the warranty terms of the operating profile.analysis of expected battery performance in the RPT The Proposal shall include a detailed any periodic charge requirements necessary for cell balancing.The Proposal shall include a description of all battery maintenance requirements, including 45 203 Battery containers shall be constructed to withstand the rigors of RPT charge.of a fault sensed by the GFI, to also include termination of operation in the eventIn addition to manual use, this same functionality shall extend to the charging d. and be clearly marked as to the location and use., satisfy ease of use by the operator, maintenance personnel, and/or first respondersoutside the bus to Devices used to initiate shutdown shall be located within and c. .and including during chargingDisconnecting any devices that could provide HV, during normal operation iii. Discharging capacitors (if used), and ii. ;“Opening” all HV contactors i. include, at least:Shutting down the system shall b. ;and/or first responders to shut down the HV systemOffers a quick, safe and organized means for the operator, maintenance personnel a. shutdown system with functions to include the following:rt of the overall emergency The system described above may also be an integral pa system and appropriate action to prevent personnel from HV exposure.system, to include automatic detection of isolation faults, alerts to the operator, diagnostic es between the HV and the bus chassis The HV and ESS shall include isolation procedur of each physical battery pack.during maintenance operations. Manual and automatic disconnects should open both poles voltage battery -intenance personnel. Contractor shall provide a means to isolate the highmamanual disconnects must be included and their usage documented to the satisfaction of RPT Contactors must be rated to interrupt the full load of the bus. Service and emergency atic and manual battery disconnect devices must be included and documented. Both autom confirm that standards have been met. safety of battery operation in this application, and documented results of safety testing to and manufacture of the battery system, safety testing procedures used to validate the rds followed in the design Proposals shall include complete descriptions of all safety standa of the batteries or the ESS or prior incidents relating to the safety of the Proposed bus. and shall include full disclosure and discussion of any and all relevant issues with the safety battery system in the specified RPT use profile shall be submitted as part of the Proposal,Written confirmation from the battery manufacturer attesting to the safety of the Proposed specifications.exterior above the roof, or an alternate path as designed by the Contractor that meets these fumes from the ESS from entering the interior of the bus, either through a vent path to the or esigned and constructed to prevent gassingrequirements. The vehicle and ESS shall be dshall be provided to RPT at the time of Proposal submission demonstrating these safety 46 204.comply with the manufacturer’s electrical and thermal limits All charging systems provided for use with the bus and in conjunction with the BMS must charging equipment.l and operate the include a description of the charging infrastructure required to instalsystem and specify its compliance with one of the above listed standards. Proposers shall AC and/or SAE J1772 DC). Manufacturer shall provide a detailed description of its charging 8 approved charging standards (SAE J306-The bus shall support and SAE the temperature from exceeding the manufacturer’s recommended maximum temperature.tion and under RPT ambient conditions. Battery cooling must be sufficient to prevent opera Battery temperatures must never exceed the manufacturer’s recommended range during life and performance of the ESS over the RPT environmental use and operating range. Thermal management shall be provided to ensure optimal for storage and communication.The BMS must be able to communicate all data to the bus level information system g. rest of the vehicle.The BMS must be able to monitor the battery SOC and provide information to the f. ndition has been detected.coThe BMS must be able to engage prudent safety interlocks when an unsafe battery e. the location of the faulty battery in order to perform maintenance.battery manufacturer) has occurred and must be able to identify and communicate fault (as defined by the The BMS must be capable of communicating when a battery d. the battery and surroundings, and prevent thermal runaway.S must be capable of monitoring battery temperatures, mitigating damage to MThe B c. one data point per block every fifteen seconds.frequency of The BMS must be able to read individual battery or block voltages at a b. pack. The BMS must be capable of monitoring the voltage of the cells within each battery a. As a minimum, the BMS must perform the following functions: aintenance personnel.must be made available to RPT mserviceable element. The diagnostic output -provide diagnostic output at the lowest fieldlevel and cell-to-cellprinciples to control SOC, voltage, current and temperatures on a The BMS must be designed to ISO 26262 safety operation.prevent any movement that may cause damage or personal harm while the vehicle is in l be secured to the chassis to removal and installation. When installed, the batteries shalcomprehend the protection of battery cabling and vent/watering components during pack disassembly on removal or installation of battery packs or containers. Pack design must hall not require any Vent and fill systems components for individual packs or containers soperable. Connector and cabling design shall prevent inappropriate or unsafe connections. -with the battery electrolyte. All electrical connections shall be fully shielded and handble transit service for the design life of the buses. Construction shall be of materials compati 47 205 Thermal management shall be continuously monitored during all periods of charge and operating and charging conditions and shall be powered by an onboard source at all times. e automatically controlled under all normally encountered S shall bOperation of required BM safe mode of “fan on.” -conditions, the cooling fans will engage. The fan control system shall be designed with a failtemperature of the operating fluids and the intake air, and if either is above safe operating ng the system requirements. The cooling system fan controls must be capable of sensi during the most severe operations possible and in accordance with manufacturers’ cooling The cooling system shall be sufficient to maintain all continuous operating temperatures electronic device to indicate overhead heating on the driver’s control panel.re cooling system shall be equipped with an the cooling system capabilities. The entiplus heat reflected off the pavement. The Contractor shall submit documentation verifying voltage power supply with a partially clogged radiator at maximum ambient temperature -or, ESS, PCS and intermediate and lownormal and peak heat ejection from the traction motThe Contractor shall provide evidence that the cooling system has the capacity to handle under all operating conditions present in Rochester, MN, for the design life of the vehicle. component temperatures The capacity of the cooling system shall be sufficient to maintain operation of all propulsion system components. The PSC shall monitor and process inputs and execute outputs as appropriate to control the parameters for voltages, currents, temperatures, etc. within specified operating ranges.system e, while maintaining critical motive performance and accessory loads, as applicablThe PSC shall regulate energy flow throughout the system components in order to provide required to charge the bus on route and at the bus depot.ure above noted standards. Proposers shall include a description of the charging infrastructdetailed description of their charging system and specify its compliance with one of the The bus shall support and SAE charging standard. Proposers shall include a indicate in their Proposal response. the mounting location is customizable, meaning RPT has a choice, the Proposer should ntings are located. If mounting locations. Proposer should indicate where their standard moushall be at the manufacturers standard port(s). The charging locations are availableif multiple charging port , of the bus either streetside front or streetside rear (preferred) andrear the curbside located on portsThe buses shall include a charging system is rendered inoperable and the brakes applied.engagement of the charging interface, the bus shall be interlocked such that the propulsion operations. Upon successful during all charging immobilizedThe buses must be 48 206 An EMP radiator cooler is accepted as an approved equal. removable tanks.-resistant contraction with non The radiator shall be of durable, corrosion withstand the thermal fatigue and vibration associated with the installed configuration.be designed to mechanic can gain access. The cooling fan and mounting bracket shall Motor cooling fans shall be of durable, corrosion resistant construction and designed so a feature requirements herein. h the automatic propulsion system protection/shutdown override system must comply witIn the event that a component temperature sensor must disable the bus, the component or levels in the motor area known to start fires. temperature e.g.,the bus unless there is an immediate risk of hazardous fault propagation, ble failure modes or out of limit conditions, component temperature sensors shall not disaand serviceable, component temperature sensors shall be easily accessible. Under typical may be used for monitoring, control or component/system protection. If equipped sensorseach component will remain within its optimal operating range. Component temperature Under the vehicle operating range, the thermal management system shall be designed so required for vehicle functions, such as HVAC and defroster.assuming that the heat from this system will also be used for to provide thermal energy as interior of the bus and all accessories of the bus, further system, heating and/or cooling the The cooling system is assumed for all temperature control required for the propulsion BMS shall be submitted to RPT concurrent with or prior to the delivery of the first bus.o the suitability and capacity of the confirmation from the battery manufacturer attesting tA complete description of the BMS system shall be submitted with the Proposal. Written In the event of an onboard fire, the BMS fans shall be automatically turned off. from maintenance personnel. action The reset button to silence the alert shall require the deliberate activated on the dashboard.In the event of BMS failure while the bus is in operation, an audible and visual alert shall be action from maintenance personnel to disable the alert. provided, and require a deliberatea visual and audible alert shall be activated on the dashboard. A reset button will be In the event of a failure of the BMS while charging, the charge system shall be disabled and sion into bus systems and compartments.intrudust, chlorides and other road salt chemicals, and debris and shall be filtered to minimize All intakes shall be properly positioned and configured to minimize the intake of water, road .ate safety interlocks installed to react to adverse conditionsdischarge with appropri 49 207 bus from a parked position.forward or reverse range from the neutral position to prevent sudden acceleration of the application of 6 to 10 psi shall be required by the driver to engage A nominal brake pedal is switched to the “on” position.among components exists when the vehicle ignition voltage to ensure data communication lock braking systems shall be powered by a dedicated and isolated supply -drive unit and antisting of batteries, weight and power. At a minimum, propulsion system components consiconsistent shift quality and compensate for changing conditions, such as variations in vehicle Electronic controls shall be compatible with either 12 or 24 volt power distribution, provide other vehicle systems shall be made using the communications networks. em components and systCommunications between electronic propulsion vehicle systems.data from other propulsion system components and of broadcasting the data to other The electronic controls shall be capable of transmitting and receiving electronic inputs and replacement.transit system without requiring major service or The drive unit shall be designed to operate for a minimum of 500,000 miles in the RPT operating temperature limits.hybrid system components within design The thermal management system shall maintain and temperature.maintain operating fluid within the drive unit’s recommended parameters of flow, pressure dedicated heat exchanger which is sized to If required, the drive unit shall be cooled by a design.drive of the radiator fan(s) shall be the Contractor’s standard Mounting and supplemental coolant additives. ll not release or contain with a properly sized, spin on water filter. The filter shaThe cooling system shall be equipped pressure washing equipment.ollect large debris. The radiator core shall be easily cleaned with standard designed to cThe radiator input shall be protected by an easily cleanable screen compartment no than +60 inches above the ground. propulsion equipmentmounted radiators, a pressure filler will be provided in the -For roof 50 208 hardware shall be mounted in such a manner as to protect it from the operating talled in an exposed environment shall be mounted in a protective enclosure. The All electrical/electronic hardware mounted on the exterior of the bus that is not designed to mounted in the interior of the bus shall be vandal resistant. All electrical/electronic hardware shall be serviceable. All electrical/electronic hardware preferred performance of the bus.The OEM/drive system manufacturer shall provide performance setting options to RPT for braking application until the bus comes to a complete stop. Deceleration should start at throttle off, be smooth and seamless throughout the full e resistor. dynamic brakboard energy storage, -Power generated shall be utilized on the following sequence: on Electric braking shall be supplied by the traction motor, acting as a generator. ate for the lack of regenerative braking when the ESS is fully charged.seamlessly compensin the service brake system. A dynamic resistor grid, or approved equal, shall be provided to Regenerative braking shall be provided in order to maximize the life of wearing components activated when the accelerator pedal is depressed. The regenerative braking system shall be adjustable within the limits of the powertrain and Brake lights shall illuminate when regenerative braking is activated. the regenerative brake./or automatic traction control (ATC) shall override the operation of Actuation of the ABS and the brake light.cause a smooth blending of both regenerative and service brake function and shall activate efficiency and extend brake lining service life. The application of regenerative braking shall designed to improve energy The powertrain shall be equipped with regenerative braking electronic control unit detects a malfunction.board diagnostic system shall trigger a visual alarm to the driver when the -damage. The onThe drive system shall consist of built in protection software to guard against s communicate faults and vital conditions to service personnel.monitor functions, store and time stamp out of parameter conditions in memory, and tic capabilities, be able to board diagnos-The electronically controlled drive unit shall have on 51 209 . Dual Banner EPA or approved equalAlternator shall be a ) drained prior to entry into the air cleaner element.can be passage shall be provided so that any water which does find entry into the system duct shall be so positioned as to minimize water entrance into the air induction system. A . The air bus The air intake shall be through an opening at the rear top of the safety and shall be sturdy in design and installation and readily removable.Belt guards shall be provided as required for .speed portion of the design operating profileadequate system performance during extended periods of idle operation and low route the design operating profile. These accessories shall be driven at speeds sufficient to assure adjustment for 50,000 miles on drive systems shall operate without failure or unscheduled ccessories shall be unit mounted for quick removal and repair. Accessory A must meet all Federal safety regulations. used butof the bus. Flexible hoses may be supported and shall not touch one another or any part standard SAE or JIC brass or steel, reusable, swivel, end fittings. Hoses shall be individually premium hoses are required, such as the Power Steering output line, and shall have in applications where , GH195, or FC510/2807 PTFE,FC355 ,Flexible lines shall be FC300 for the transmission are not required. filters internal cartridge type for Shut off valvesprevent loss of fluids when changing the filter. so as to removable installation. There will be shut off valves on either side of -All filters shall be easily accessible and the filter bases shall be plumbed to assure correct re .transmissionexclud ing the ype, external, hex head, drain plugs of a standard sizet-magneticspouts, and automatic dispensing equipment. All lubricant sumps shall be fitted with correct fluid is added and all fillers shall be easily accessible with standard funnels, pour to help ensure labelledll fluid fill locations shall be properly pressure or positive locks. Ato the filler neck and closed with spring or tethered adiator filler caps shall be hinged R mounted in an area where they shall not be damaged during minor or major repairs.he gauges shall be easily read during service and compartment. T rear servicein the h, starter controls switch and lamp switch shall be provided ccontrol swit propulsiongauge, coolant temperature and transmission removal. A propulsion system componentsof the t shall be easily removable and independent nrequiring service or replaceme scomponent All cause strain in piping and wiring connections in the propulsion system. l control the movement of the propulsion system so as not to affect the performance or shalvibration to the body structure and to provide a minimum clearance of 0.75 inches. Mounts All propulsion system mounting shall be mechanically isolated to minimize transfer of requirements of SAE J1455.ting shall comply with the shock and vibration All electrical/electronic hardware and its moun environment in the Rochester, MN service area. 52 210 roof.of the bus rear the top pipe on the streetside of the bus or discharged by an exhaustshall be auxiliary heater from the Exhaust gases and waste heat 2 Transportation. offor a low or no emission vehicle as defined by the U.S. Department Federal governmentThe bus shall meet all applicable emission standards required by the center the Offeror is proposing to use. the authorized dealer of the component. The Offeror will provide full details on the warranty nsmission during the warranty period will be the responsibility of All major repairs to the tra when the electronic control unit detects a malfunction. board diagnostic system shall trigger a visual alarm to the driver -severe damage. The onin protection software to guard against -he transmission shall contain builtpersonnel. Tto monitor functions, store and communicate faults and vital conditions to service board diagnostic capabilities, be able -The electronically controlled transmission shall have on g conditions such as variations in vehicle weight and power.compensate for changineither 12 or 24 volt power distribution, provide Long consistent shift quality and be made using the communications network. Electronic controls shall be compatible with ectronic drivetrain components and other vehicle systems shall Communications between eldata from other drivetrain components and broadcasting that data to other vehicle systems. The electronic controls shall be capable of transmitting and receiving electronic inputs and hours. -total combined man sixteen hanservice in less tassistance, shall be able to remove, replace, and prepare the transmission assembly for A 3M mechanic, with optional disturbing the propulsion system and accessible for service. rvice. The transmission should be easily removable without without replacement or major sedesigned to operate for not less than 400,000 miles in the Rochester, MN operating profile input speed shall be compatible with the propulsion system. The transmission shall be Gross input power, gross input torque and rated transmission, it must be automatic shift. If the Contractor’s propulsion system uses a multispeed acceptable.ker Clamps are Oeti All cooling system fittings are to be cast iron or brass.lines. the heating and defroster radiator. The coolant system shall be equipped with gate valves in system components shall be mounted between the cooling air intake aperture and the screwdriver head, or approved equal. No heat producing components or climate control mps with a collared "Breeze Constant Torque" premium, stainless steel, wide band type cla. All hoses shall be secured with (FC300 are acceptable) fluids busthat are impervious to all rubber hoses shall be eliminated. Necessary hoses shall be premium, silicone rubber type , practicalor brass tubing and if (preferred), steel, Radiator piping shall be 53 211. Elastomeric bumpers shall downward travel when the bus comes off a bump in rebound -2.75 surface) andupward travel of a wheel when the bus hits a bump (higher than the street -in jounce inch-57.2el of The suspension system shall permit a minimum wheel trav accepted as an approved equal. eequipped with Barksdale mechanical levelling valves arThe front suspension regulated by a SmartRider electronic levelling system and a rear suspension approved.nsile strength of 70,000 lbs. are also LEMFORDER supplied radius rods with te -. ZFacceptableare MAN axles with grease lubricated bearings. 350,000 this specification) is seven years orstructural members three years or 150,000; and structural (except where covered elsewhere in leaks in the suspension air springs. Warranty for consumable components one year or 50,000; ll protect against air loss from shall be the accessory air tank, and a pressure regulating valve shashall maintain a constant floor height in relation to the axles regardless of load. The source of air for 50,000 miles) located at front and rear wheel locations. The suspension system warranties(valves levellingThe pneumatic system shall be regulated by the vehicle.urately within the size and geometry of All axles must be properly aligned so the vehicle tracks acc components. Necessary adjustments shall be easily accomplished without removing or disconnecting the ent points shall be minimized and shall not be subject to a loss of adjustment in service. AdjustmItems such as bushings and air springs shall be easily and quickly replaceable by a 3M mechanic. The basic suspension system shall last the life of the bus without major overhaul or replacement. and rear axle suspensions shall be pneumatic type. , midBoth the front approved equal.The rear axle drive motor shall be a Siemens 160 Electric Drive motor or wheel end.drive motors shall be on each The center axle drive shall be a ZF Model AVE130 electric drive or approved equal. The electric .mph 60determined after contract signing with the intent of a maximum speed of The axle ratio shall be ng or the tube.inner grease seal shall run on a replaceable wiper ri00,000 miles on the design operating profile without repairs. Wheels bearing 3shall operate for . Load rating shall be sufficient for the bus loaded to GVWR. The driven axles MAN axles 79163 or Meritor-Arvin profile axle manufactured by-duty low-shall be heavy sear axleCenter and r curb weight, just prior to transmission up shift.eleration when operated at or below 35 mph at not exceed 83 Dba under full power accAirborne noise generated by the bus and measured from either side shall 54 212 .inside rearmost axleand 17 feet ’ at SLW 45.5turning radius shall not exceed Outside body corner tires strikes a severe road hazard.steering system components shall fail before suspension system components when one of the miles. No element of the 500,000 Fatigue life of all steering components shall exceed and shall be required no fewer than 6,000 miles. elements serviced by standard fittingsall ubricant specified shall be standard forThe lshall have its own grease fitting with a relief path. without flexible hose end from a pit or with the bus on a hoist. Each element requiring lubrication shall be accessible with a standard grease gun with or inspection andshall be located for ease of e provided with grease fittings conforming to SAE Standard J534. These fittings lubrication shall bAll elements of steering, suspension, and drive systems requiring scheduled one hour.service, and each unit shall be replaceable by a 2M mechanic in less than 0,000 miles in normal 5n their effectiveness for at least Shock absorbers shall maintailast the life of the shock absorber. The shock absorber shall incorporate a secondary rebound The shock absorber bushing shall be made of elastomeric material that will . stionbartuerproad cycles or less after hitting threemotion to busthe chassis. Damping shall be sufficient to control absorbers mounted to the suspension arms or axles and attached to an appropriate location on Vertical damping of the suspension system shall be accomplished by hydraulic shock tone on all buses. Both devices to be operated from a single control mechanism/switch.boarding passengers at the front door. Audible devices are to be an identical beeping or buzzing heard by that operate together with the kneeling system. Devices are to be easily seen andsafe street travel. Manufacturer to provide and install both audible and visual warning devices driver shall be illuminated until the bus is raised to a height adequate for indicator visible to the tread. An doorstepexceed 0.2g and the jerk shall not exceed 0.3g/sec. measured on the front five seconds. During the lowering and raising operation, the maximum acceleration shall not rise to the correct operating height within height permitting the bus to resume service and shall essentially a constant rate. After kneeling, the bus shall rise within two seconds to a anand rise at Brake and throttle interlock shall prevent movement when the bus is kneeled. The bus shall kneel or less off the pavement. 11.5the floor height is measured at the longitudinal centerline of the front door. A kneeler is not required if 15.5 inches to .512to a floor height of up to GVWR loading or unloading operations regardless of loadduring a minimum of 2 inches the bus actuated kneeling device shall lower -A driver inch from design normal ride height.-operation of a bus cannot be impacted by ride height up to 1wheels does not change more than ½ inch at any point from the height required. The safe of the relative to the centerlinethe bus height , adoautomatic height control so that regardless of lor hydraulically within the shock absorbers. Suspensions shall incorporate appropriate devices for travel. Rebound travel may be limited by elastomeric bumpers be provided at the limit of jounce 55 213 Force to activate the brake pedal ent. system shall be balanced with no front/rear displacemThe usting, with wear indicators (visible brake sensors) on exposed push rods. adj-shall be selfBrakes air system. compressed Service brakes shall be controlled and actuated by a operation of the regenerative brake.regenerative and service brake function. Actuation of ABS and/or ATC shall override the lending of both lining service life. The application of regenerative braking shall cause a smooth bbe equipped with regenerative braking designed to improve energy efficiency and extend brake In addition to traditional mechanical friction service braking, the bus shall system shall be in a protected but accessible location to allow for ease of service.The microprocessor for the ABS shall be available as a standard feature. and ATC controlled ABS-Microprocessor specifications.allow machining of each side of the disc to obtain smooth surfaces per manufacturer's brakes on all axles, and the brake discs shall The bus shall be equipped with disc straight position with minimal assistance from the driver.ndency for the return of the front shields to the Caster angle shall be selected to provide a te lock.-to-turns of the steering wheel lockmaterially increase as a result of power assist failure. Gearing shall require no more than seven heel rim and perceived free play in the steering system shall not pounds at the steering win loss of steering control. With the bus in operation, the steering effort shall not exceed 55 pavement and the tires inflated to recommended pressure. Power steering failure shall not result lean, dry, level, commercial asphalt at normal idling speed on c propulsion systemand the stops. Steering effort shall be measured with the bus at SLW, stopped with the brakes released foot pounds when the wheels are approaching the steering -Steering torque may increase to 70. o turned 10foot pounds with the front wheels straight ahead t-driver shall not exceed 10with flexible lines eliminated or the number and length minimized. Steering torque applied by the power steering shall be provided. The steering gear shall be an integral type Hydraulically assisted able with a standard or universal puller.removshaped for firm grip with comfort for long periods of time. The steering wheel shall be in diameter and shall be -The steering wheel shall be no less than 20 . are preferred joints within the steering column and linkage-Udegree grease fittings at the 45 selected a positive lock shall engage to prevent inadvertent movement of column.positions, for maximum adaptability to individual drivers. When steering column location is ping, with four type design and telesco-, tilt(including the TRW model with the same features) Model 929 or approved equalModel 920, Steering column is to be Douglas Model 909, 56 214 up, Schrader -This system shall be equipped with a remote air hookindicated on the dash gauge. period of time as -15New buses shall not leak down more than 5 psi over a capacity. The bus air system shall operate all accessories and the braking system with reserve locking nuts.-piloted with standard, non-carrying capacity. Front wheels and tires shall be hub-and loadels shall be compatible with tiers in size be used and shall be removable without a puller. WheAll wheels shall be interchangeable except for the middle axle where a super single tire size may Proposed exterior aesthetic may be considered. pact ongoing tire maintenance. Colored rims to match a provided they do not negatively imTires will be Michelin X InCity leased tires. RPT is open to novel wheel treatments painted. be mayto accommodate tubeless tires, are ten stud and be hub pilot mounted. Wheel hubs wheels provided. Wheels shall be sized aluminium Painted or powder coated duration of the initial manufacturer’s warranty period. for the assemblies shall not leak or week lubricant when operating in RPT’s transit conditions an integral wear surface seal designed. Wheel bearing and hub seals and unitized hub Replaceable wheel bearing seals shall run on replaceable wear surfaces or be of 121. -manually enabled when the air pressure is at the operating level per FMVSSvalve that exhausts compressed air pressure to apply the brakes. The parking brake may be operated system, actuated by a -The parking brake shall be a spring ed. iscylinder with Ferodo lining materials are acceptable. Jurid brake, Carlisle, and well as Cast Plus , asAbex 931 and Haldex brake lining. Tenneco Brake block is requested. Front and rear brake material must be the same.minimize brake noise under all weather conditions. Non asbestos material will be used in the optimum performance with the brake system being used and will Brake lining must provide preferred.cam) brakes are -cam (Quick-replacement life of 100,000 miles. The Srepairable and a have a grease fitting for periodical lubrication and will have a normal ly bushed. The slack adjusters will not be not have more than one hole and it will be properto provide the necessary leverage and to avoid excessive travel of brake diaphragm. Levers will adjusters will have the proper rated inch point torque specification and be of the proper length . The slack are preferredex automatically adjusted brake slack adjusters eavy duty HaldH. profilewhen running on the design operating overhaul or replacement life of at least 30,000 miles brake system, including friction material, shall hadisc The entire service friction material wear rate at all wheel locations.The total braking effort shall be distributed between all wheels in such a ratio as to ensure equal above the heel point of the pedal to achieve maximum braking. -pounds at a point 7 57shall not exceed linear function of the bus deceleration rate and control shall be an essentially 57 215 pass through understructure components. all points where they extend possible. Grommet or insulated clamps shall protect the air lines atAir lines shall be routed to prevent water traps the and shall be installed to minimize air leaks.intervals or less. Air lines shall be cleaned and blown out before installation inch-24at supported grommets. Flexible lines shall be another or any part of the bus except for the supportingand individually supported. They shall not touch one practicalFlexible hoses shall be as short as End fittings shall be standard SAE or JIC brass or steel, flanged, reusable, swivel type fittings. jacket. Other lines necessary to maintain system reliability shall be FC 300 hose. steel-stainlesshose with a braided may be flexible line or steel-stainlessflexible convoluted copper or mounted equipment shall be -ine between powerplant and bodyThe compressor discharge l .or less intervals inch-30Rigid lines shall be supported at bending and installation.-including pretube flattening or excessive local strain. Copper lines shall be bent only once at any point, bent on a fixture that prevents -eand before installation, the lines shall be pr practicalthe extent To be supported to prevent the lines from touching one another or any component of the bus. Copper lines shall Line supports shall prevent movement, flexing, tension strain, and vibration. indicates suspension lines indicates accessories. - governor signal.indicates compressor - indicates parking brake. - indicates secondary brakes. - indicates primary brakes and supply. - coding standards:-colorNylon tubing shall be installed in accordance with the following .8441fittings, or SAE Standard Jfor copper tubing with standard, brass, flared or ball sleeve 1149 requirements of SAE Standard Jnecessary flexible lines, shall conform to the installation and material Air lines, except shall have 150 psi safety valve. reservoirsadjacent to the other tanks. First air and shall be located reservoirsCheck valves shall be furnished between the first and all other air freezing in the drain lines. water traps and/orhave drain valves that discharge below floor level with lines routed to eliminate the possibility of valves from road hazards. Reservoirs shall be sloped toward the drain valve. All reservoirs shall s and any automatic moisture ejector Major structural members shall protect the drain valve .rain plugs or flush type drain valvesbe equipped with dshall reservoirsand brake system. These supply air for the vehicle's air suspension system, windshield wipers, door operating mechanism shall and 121 and SAE J10-ir reservoirs shall meet the requirements of FMVSSA .pproved mpressors are aBaldor 5 H.P. capacity and Powerex 13.3 CFM capacity cothe air. Contractor must provide a provision to separate the oil from . propulsion systemsetting of the fast idle speed while not exceeding the off pressure in less than three minutes-governor cuthe driven air compressor shall be sized to charge the air system from 40 psi to t-lectricallyThe e up for auxiliary air. -will allow hook compartment that /propulsiontype located in the engine 58 216 .bussustained throughout the service life of the Bumper material shall be corrosion resistant. These qualities shall be .inches -flexible portion of the bumper may increase the overall length specified by no more than 6not require service or maintenance in normal operation during the service life of the bus. Any independent of all power systems and shall riders standing on the bumper. The bumper shall becenterline. The rear bumper or bumper extensions shall be shaped to preclude unauthorized angle to the longitudinal longitudinal centerline of the bus or into the corners up to a 30r mph parallel to the loaded to 4,000 pounds, at fou 301by the striker defined in FMVSS #to two mph/sec. The rear bumper shall protect the bus, when impacted anywhere along its width high, and at accelerations up inch-eeds up to five mph, over pavement discontinuities up to 1spcontacting the horizontal centerline of the rear bumper, the bumper shall provide protection at wide feet centerline of the bus. When using yard tug with a smooth, flat plate bumper 2impact with a fixed, flat barrier perpendicular to the longitudinal mph-twocurb weight from a The rear bumper and its mounting shall provide impact protection to the bus at y no more than 6 inches. overall bus length specified boperation during the service life of the bus. The flexible portion of the bumper may increase the independent of every power system and shall not require service or maintenance in normal orption system of the bumper shall be longitudinal centerline of the bus. The energy absangle to the degree-30centerline of the bus and 5.5 mph impacts into the corners at a loaded by 4,000 pounds parallel to the longitudinal 301FMVSS Figure 2 of the striker defined in pacts at any point by The bumper shall protect the bus from damage as a result of 6.5 mph imminutes of impact. -impact shape within 10-The bus will return to its prelongitudinal centerline. simpact of the bus at curb weight with a fixed, flat barrier perpendicular to the bus' mph-5No part of the bus, including the bumper, shall be damaged as a result of a behind another, a portion of the bumper faces will contact each other.Bumper height shall be such that when one bus is parked . are permitted wrap around the bus thatumpers Babove the ground. 2 inches) -(+/ inches 7Bumpers shall provide impact protection for the front and rear of the bus up to 2 of the bus. entertain novel colors or materials to provide protection from minor impacts to the front or rear for the exterior of the buses and will RPT is open to innovative design suggestions al.9 is an approved equ-Bendix ADbe cleanable through the bottom of the unit. cycle anddrain cartridge and thermostatically controlled heater element. It shall have automatic purge and mount, desiccant type with replaceable desiccant -It shall be vertical and be designed for buses.It shall have a dual filter An air dryer shall prevent accumulation of moisture in the air system. 217 and gateway devices.and air conditioning (HVAC) systems wheelchair lifts, doors, heating, ventilation not typically found on the drivetrain or information levels, such as lights, y control outputs. Multiplexing is used to control components ainput, relay and relon/off switch i.e.,and serial data information ( signals such as discrete, analogMultiplex Level: Electrical or electronic devices controlled through input/output iii. automated voice and signage systems, video surveillance and similar systems.r counters, radio systems, systems (AVL), destination signs, fareboxes, passengeautomatic vehicle location ancomponents typically consist of those required for the vehicle will continue to operate when those functions are inoperable.) These e.g.,safe drivability of the vehicle ( or display of data that is not necessary to theInformation Level: Components whose primary function is the collection, control ii. components exists when the vehicle is switched to the “on” position.olated supply voltage to ensure data communication between a dedicated and isdrive unit, regenerative braking, and antilock braking systems shall be powered by the batteries, inverters, converters, etc.) and system components consisting of m components, (electric energy storage, energy storage controller, motors, systePowertrain Level: Components related to the powertrain, including the propulsion i. Data communication systems are divided into three levels for the use of multiple data networks: information shall adhere to J1939 data standards. perations or provide Information level systems that require vehicle information for their o networks are essential to integrating electronic functions, both on board the vehicle and off. ic devices use to share data with other electronic devices and systems. Communication electronThe data communication system consists of the bidirectional communications networks that electronic information or perform other specific functions. Electronic devices are individual systems and components that process and store data, integrate moisture that may enter. hazards and the elements. The horn trumpets will be down turned to assure drainage of any lectric horns will be provided. Horns will be positioned to be protected from road Dual e duty brushless type. Electric motors shall be located for easy replacement.-shall be heavyrequired for proper function and the components shall be positively retained. All electric motors in components shall be polarized where -ts of plugthan five minutes by a 3M mechanic. Sockecomponents shall be designed to last the service life of the bus and shall be replaceable in less duty designs. To the extent practical, these -relays, flashers, and circuit breakers, shall be heavyluding switch, All electrical components, inc )voltage regulator, wiring, relays and connectors.generator, e.g.,components that generate, distribute and store power throughout the vehicle (electrical system will consist of vehicle battery systems and The 218 and weight of the batteries. The tray will easily extend and be properly supported to permit tray that can accommodate the size steel-stainlessThe batteries will be securely mounted on a locking access door shall be clearly marked. -The bus shall be bus shall be equipped with one or more quick disconnect switches. The noncompartment itself, shall be protected from damage and corrosion from the electrolyte. battery compartment, and the battery ents within the onfrom the outside of the bus. All comp. It shall be accessible only draining-selfdebris on top of the batteries, and shall be vented and The battery compartment shall prevent accumulation of snow, ice and lie directly on top of the batteries. t stretching or pulling on any connection, and shall not the tray in the extended position withoushall not cross each other, shall be flexible, shall be sufficiently long to reach the batteries with battery cables shall be color coded, black for positive, red for negative, and the battery cables s. Low voltage start sequence after the bus has been parked and off for a minimum of 48 hour The Proposer’s battery system shall have adequate capacity to execute a limited as much as possible and easily accessible and labeled.resistor shall be down-pullresistors. Where this is not possible, the use of a pull up or down-pullher components, it shall not require external pull up and or required to interface with otwith a maximum of 50 VDC) and reverse polarity conditions. If an electronic component is voltage (over 32 VDC on a 24 VDC nominal voltage rating -shorts in the cabling, and also in overprotecting in the event of -pment is selfAll electronic component suppliers shall ensure their equi .backuptime without relying on battery component. If an electronic component has an hour meter, it shall record accumulated service cted, and/or it may be updated by a network time when battery power is disconne to monitorIf an electronic component has an internal real time clock, it shall provide its own battery backup industry standards, SAE, ISO, etc. ting shall comply with the shock and vibration requirements of published hardware and its moundesigned to be installed in an exposed environment shall be protected. All electrical/electronic All electrical/electronic hardware mounted on the interior and exterior of the bus that is not ikes generated from welding, shorts, etc.prevent damage from voltage sprecommendations from the manufacturer and subsystem suppliers regarding methods to RPT will follow Precautions shall be taken to minimize hazards to service personnel. erating within the design operating profile of RPT. when opsystem environment that will reduce the performance or shorten the life of the component or electrical Electrical and electronic equipment shall not be located in an .recommended in SAE J1455area of the vehicle in which they will be installed, as shall be capable of operating in the The electrical system and its electronic components independent wiring module.and replaceable in less than 60 minutes by a 3M mechanic. Powerplant wiring shall be an means of connectors. Each module, except the main body wiring harness, shall be removablecomponent, apparatus panel, or wiring bundle is easily separable with standard hand tools or by Design of the electrical system shall be modular so that each major 219 below, SAE standards shall apply. Double insulation shall be maintained as close to the junction requirements of SAE J1763, J1654, and J2910. In the case of conflicts with the requirements 2. All high voltage power and ground wiring shall conform to SAE J1127, J1128, and J1129of All power and ground wiring shall conform to specifications and requirements not be permitted. stretching and reducing the bend radius below the manufacturer’s recommended minimum shall Kinking, grounding at multiple points, mechanical damage.sarily located under the bus shall be insulated from water, heat, corrosion, and equipment neces. Wiring and electrical practicalfloor wiring shall be eliminated to the extent -and underthe component or electrical system. Major wiring harnesses shall not be located under the floor, will reduce the performance or shorten the life of shall not be located in an environment thatspecifically designed as electrical connectors), or powerplant mountings. Electrical equipment body and framing. Grounds shall not be carried through hinges, bolted joints (except those . One ground may be the practicalhat redundant grounds are not feasible or demonstrated tRedundant grounds shall be used for all electrical equipment, except where it can be protection being used.load. The current rating for the wire used for each circuit must exceed the size of the circuit arger than the total circuit Circuit breakers or fuses shall be sized for a minimum of 15 percent l shall provide a visible indication of open circuits. line fuses in the final harness drawings. Any manually resettable circuit breakers -shall show all incircuits. The Contractor location convenient to the RPT mechanic with visible indication of opensupplied by either the Contractor or the supplier. Fuse holders shall be constructed to be in a e easily accessible for authorized personnel. This requirement applies to inline fuses fuses shall bbreakers, fuses or solid state devices sized to the requirements of the circuit. The circuit breaker limiting devices such as circuit -generator/alternator circuits, shall be protected by currentexcept battery to starting motor and battery to All branch circuits percent volt drop across the cable.-no greater than a 5manufacturer. Cabling to the equipment must be sized to supply the current requirements wit provided as specified by the component or system Dedicated power and ground shall be battery manufacturer’s guidelines.(recommended at 12V) shall be provided. Charging profile shall be maintained within the voltage output protection -fully charged batteries. Voltage monitoring and over charge onvoltage generating systems shall maintain the -The low be accessible in less than 10 seconds.The location of the master battery switch must be clearly identified and batteries. acid-warning label prohibiting the use of leadbatteries are allowed to be mounted on the interior of the bus, the compartment must contain a venting) -pack or any form of sealed (non-If required, gel in the battery box.devices should be located withprinciples must apply to the battery compartment. No sparking resistant-fireservice. The same 220 a schematic drawing permanently glued to or shall be identified and their locations recorded on occur inside the box from propagating outside the box. The components and circuits in each box compartment cleaning, from reaching the electrical components and shall prevent fire that may ion equipmentpropulsshall be sealed to prevent moisture from normal sources, including other electrical components should be mounted in easily accessible junction boxes. The boxes All relays, controller, flashers, automatic or manual resetting circuit breakers, and orientations to prevent incorrect connections. gs. Adjacent connectors shall use either different inserts or diffenent insert sealed with sealing plucontact type, of correct size and rating for the wire being terminated. Unused pin postions shall be replaced twice without pulling, stretching or replacing the wire. Pins shall be removalbe, crimp h shall allow end terminals to be datalinks and communications cables. Wiring harness lengt(minimum one wire) excess wires for spares. This requirement for spare wires does not apply to All wiring harnesses over five feet long and containing at elase five wires shall include 10 percent harnesses should be installed above the window line of the bus.from water, heat, corrosion, and mechanical damage. Where feasible, front to rear electrical vehicle. Wiring and electrical equipment necessarily located under the vehicle shall be insulated To the extent possible, wiring shall not be located in environmentally exposed locations under the shall be color coded and/or numbered so as to be identical from one bus to the next.All wiring re positioned in the same location within the harness. harness so that no two splices aAll splicing shall be staggered in the of the splice; and the wire is supported to prevent flexing. clamp is used in addition to solder on the splice; the wire supports no mechanical load in the area section: a mechanical -may be used when it is less than 25,000 circular mills of copper in cross. "T" Splices corrosion resistantthe terminal. Terminals shall be full ring type or interlocking and if the wire is not stiffened above the terminal and no flux residue remains on may be soldered only Except for those on large wires such as battery cables, terminals shall be crimped to the wiring and twice without pulling, stretching, or replacing the wire. nts, or chafing. Wiring length shall allow replacement of end terminals from heat, water, solveconductive. Precautions shall be taken to avoid damage -structure. Wiring supports shall be nonGrommets of elastomeric material shall be provided at points where wiring penetrates metal here wiring enters electrical compartments. relief fittings shall be provided at all points w- voltage control wiring shall be maintained. must be separated as far as possible. Additionally, parallel runs of high voltage cabling and low this end, high voltage cabling and low voltage wiring voltage control systems. To -operation of lowvoltage systems and cabling do not interfere with the -The bus shall be manufactured so that high insulation. Wirings located inside a junction box that are secured to prevent chaffing does not require double harnesses with nonconductive, rigid or flexible conduit. be met by wrapping the harness with plastic electrical tape or by sheathing all wires and , electrical compartment or terminals as possible. The requirement for double insulation shall box 221 voltage wiring shall be protected by major structural members from road hazards and -High be bright orange or yellow in color.voltage wiring -. The outer layer of insulation the highBoard Connectors)-voltage On-(High 742J1and voltage Automotive Wiring) -voltage Primary Cable), J1673 (High-practices, J1654 (HighHigh voltage wiring shall conform in all respects to SAE recommended s or greater.disconnecting a high voltage cable of 5 ampbutton), sensed isolation fault between high voltage and chassis, opening an interlocked panel or shutting the high voltage system down by manual activation of an emergency switch (red palm method for failsafea The feature could be part of the emergency shutdown system, providing system.an interlock such that disconnecting any cable of this type will disconnect the high voltage . Any high voltage cable of 5 amps or greater must also have the high voltage systemdisconnects Lids in high voltage enclosures must be interlocked, such that opening an enclosure automatically (open or closed) or of a failure to function.intenance personnel. Contactors should provide a visual or electrical indication of their status, masensors. Reset of the contactors shall require the deliberate action of the operator or controller overcurrent protection functions, and vehicle crash and/or fire -interlock loops, motorcritical -d by the “High Voltage Disconnect” switch, and any safety Contactors shall be controlleinput voltage, whichever is greater.) -encountered (maximum charger output voltage or chargernormally encountered charging or operating current at the highest voltage likely to be rated as capable of interrupting the maximum when unpowered.) The contactors shall becontroller, and shall not require electrical power to operate (that is, they shall be normally open devices open. These contactors shall be in addition to any such devices incorporated in the motor ergized when the en-output terminals so as to minimize the external circuitry that is not dedisconnecting contactors located as closely as possible to the positive and negative battery voltage wiring shall be fitted with automatic -The high Other connectors shall be selected and sized to carry the maximum expected current. shall be fastened, providing a contact area at least as large as the circular area of the cell post. above ambient temperature. Connections between battery blocks exceeding a 20 F degree risepower cables shall be sized for continuous operation at their maximum expected current without current without exceed a 20 F degree rise above ambient temperature. The conductors for other nuous operation at maximum controller traction battery and motor cable shall be sized for contijacket. The jacket insulation shall be rated at a minimum of 900 volts. The conductors for the watertight. Power cables shall be flexible multistranded copper with a Hypalon or neoprene shall be o pass through walls and bulkheads. The entire high voltage wiring circuitfitting tless bulkhead abrasive, flexible conduit. High voltage wiring shall utilize grommet-watertight, antiring. High voltage wiring shall be loomed in a bright red or orange, isolated from low voltage wiAll high voltage wiring shall be clearly marked and compartment propulsionaccessible location in the by a 3M mechanic. A rear start and run control box shall be mounted in an less than 25 minutesabrasion. If the junction box is located along the left side wall, it shall be replaceable as a unit in than glued are also acceptable. The drawing shall be protected from oil, grease, fuel, and lastic coated schematics placed rather p of the box cover or dooror outside printed on the inside 222 circuits.as a design feature of instrumentation configuration, induce any detectable electrical currentelectrical system shall not, in any normally encountered operation or charging voltage -highmake use of the vehicle chassis or of the low voltage grounding system as a current path. The onfiguration, electrical system shall not, in any normally encountered operational or charging cvoltage -other while the bus is off or in normal operating or charging configurations. The highvolt relative to each -ll not exhibit an electrical potential in excess of 0.1currents. Gound paths shaimpedance grounding system suitably sized for the level and duration of possible faults -a lowstraps, wires, or welded connections. Buses with a nonconductive chassis shall be provided with istance mechanical connections, ground res-shall be electrically interconnected by means of lowThe bus chassis and all conductive structural elements of the vehicle and equipment in the event of failure of any single protective device or function.to personnel characteristics of overcurrent protective devices and functions shall minimize hazardcurrent -rated to protect against prolonged overloads and short circuit conditions. The timeovercurrent by fuses or circuit breakers. Fuses and circuit breakers shall be protected against All wiring and connected devices and equipment shall be to prevent flexing. All wiring shall be numbered identically from one bus to the next.terminals and the wires shall be supported Wire shall support no mechanical loads in the area of avoid damage from heat, water, solvents, commonly encountered automotive fluids, and chafing. conductive. Precautions shall be taken to -metal or rigid structures. Wiring supports shall be nontrates wiring pene points wherevoltage.) Grommets or elastomeric material shall be provided at instrumentation signal wires if the conduit or bundle is also distinctively marked as carrying high routed with other besignal wires may -high voltage instrumentationdistinctively marked High voltage wiring shall not be bundled with low volage wiring (except appropriately fused and significantly larger than this to reduce the risk of accidental short circuit during service.that the spacing is recommendedis strongly breakdown. It dielectricprevent arcing due to terminals or conductors of opposing polarities must be spaced with an adequate air gap to etc.) must be securely grounded. Within an enclosure, exposed (uninsulated) high voltage motors, inverters, i.e.,s (voltage component-All external heat sinks or metal housings for high be adequately secured and protected from abrasion and mechanical stress. snagging or damage. Wiring inside of battery enclosures is not required to be covered but must way of possible must be located out of thebe securely anchored at least at each end and conductive conduit. The conduit must -cause abrasion must be enclosed in orange or yellow nonvoltage wiring that runs through areas where rotating or moving components might -All high labeled and numbered to be identical from bus to the next. shall bevoltage wiring -voltage alternating currents. All high-of terminals on wiring normally carrying highnegative, red for terminals normally positive. Red or black shall not be used for protective covers olarity; black to indicate terminals normally indicate p coded tovulcanized covers shall be color shanks and cable ends shall be protected by shrink tubing or vulcanized covers. Shrink tubing or Terminal . as practicableclose to the terminals maintained aswire. Double insulation shall be acing the Wiring length shall allow replacement of end terminals without pulling, stretching or repl resistant and crimped or secured with setscrews. -be rated for the expected current, corrosionsuch as nylocks or lock washers on bolted terminals. Terminals shall vibration resistant fasteners collision damage. Wiring shall be continuous cables with connections secured using suitable 223 formatting and usage of the system.The manufacturer shall provide training on the programming of components and the report .busin a sealed compartment in the rear of the interior of the located shall be programmable controller bus and automatically determine mechanical failures. Ahouse computer system per -The system shall have the capability to download information to in electrical component has failed.mechanic and notify maintenance when an shoot electrical failures for the -quickly troubleconnectors, circuit breakers and wiring harnesses of a standard bus. It shall have the capability to electrical functions of the bus. The system shall be so designed to significantly reduce the hanical and modules located throughout the bus that can store and retrieve data for the mecBradley industrial programmable logic control system that will have the ability to talk to various or AllenThe bus shall be equipped with an IO Controls Corp. Contractor’s engineering files, as well as an independent testing agency assessment if available. breakers are appropriately sized by consulting the conversion device maker’s literature in the ion that the fuses or circuit Acceptance Testing stages. Contractor will provide written verificatThe Contractor will assist RPT with verification that the charger/charge function works throughout rated circuit breakers or fuses. appropriatelyby also be protected sion devices shall by circuit breakers or fuses. The output circuits of DC to AC and DC to DC converThe high voltage inputs to individual DC to AC and DC to DC conversion devices shall be protected the traction battery.es at a full state of charge using energy drawn from function to maintain the low voltage batteriThe buses shall be fitted with a device or controller a dashboard warning lamp to illuminate and automatic disconnect of the high voltage system.ng system shall cause voltage electrical system from the chassis groundi-Low isolation of the high indirect grounding shall also disconnect the source of hazardous voltages.carries the voltage(s) from the external source. Disconnecting the wiring harness used to provide that have their cases grounded either directly (as above) or indirectly through the wiring harnessOther components that receive hazardous voltages from sources outside their enclosures may mountings.esigned as electrical connectors), body or propulsion system joints (except those specifically dand duration of possible fault currents. Ground paths shall not be carried through hinges, bolted This grounding connection shall provide a low impedance path, sized appropriately for the level e mechanical connection. ground strap, wire, welded connection or other suitable low resistanchave their conductive external cases connected to the vehicle chassis or grounding system by a Energy storage components (including batteries) and major power electronic components shall with a conductive connection to the vehicle. exposed to human contact as installed in the vehicle, such case or enclosure shall be provided a conductive exterior case or enclosure that may be If hazardous voltages are contained within shifting of components during use.separated so that there is no risk of arcing due to dielectric break down or contact due to slight iers or other moisture resistant, UL recognized insulating materials, or well insulating barrvoltage and grounded circuits are present within an enclosure, they must be separated by -highHigh voltage and low voltage (chassis grounded) circuits must be physically segregated. If both 224 cables. consulted for proper application of equipment including installation of component vendors shall beattached electronics without removing the installed cable between them. The corresponding will contribute to attenuation of the signal. Cabling should allow for the removal of antennas or ach connector and crimp has a loss, which along the cable. Connectors shall be minimized, since euse coaxial cable to carry the signal. All RF systems require special design consideration for losses components, such as radios, video devices, cameras, global positioning systems (GPS), etc., shall RF shall meet the most stringent applicable wiring and terminal specifications. power line) -Communications networks that use power line carriers (e.g., data modulated on a 24 V the network specifications. , unless provided for in other purpose other than communication between the system componentsrequirements. The physical layer of all network communication systems shall not be used for any The data network cabling shall be selected and installed according to the selected protocol n side of a logic circuit. be connected to the commopenetrate the insulation of the inner wires. To prevent the introduction of noise, the shield shall not upon stripping of the insulation, the metallic braid shall be free from frayed strands, which can g shielded or coaxial cable, When usin cause intermittent control or faults. ground loop, which canNote: A shield grounded at both ends forms a techniques that shall also be used as applicable. rds or special requirements, such as SAE J1939 or RF applications, have separate shielding standaA shield shall be connected at one location only, typically at one end of the cable. However, certain generated by connecting to a ground, which is sourced from a power distribution bus bar or chassis. llowing minimum requirements. A shield shall be All wiring that requires shielding shall meet the fo jumpers may be used to connect the common of each I/O terminal. for each I/O device shall be bundled together. If the I/O terminals are the same voltages, then f acceptable labels). Wiring proven examples o-stamped tubing and protected printing are servicecoded in a fashion that allows unique identification. Labels shall be resistant to rubbing (hot -colordevices, either at the harness level or individual wires, shall be labeled, stamped or All wiring to I/O prevented. Kinking, grounding at multiple points, stretching, and exceeding minimum bend radius shall be down resistors without prior approval of RPT. -and/or pullup -it shall not require external pullcomponent is required to interface with other components, voltage and reverse polarity conditions. If an electronic -of shorts in the cabling, and also in overin the event protective-electronic component suppliers shall ensure that their equipment is selfAll be set to Central Standard Time. time clock will -monitor time when battery power is disconnected. Any component with its own realIf an electronic component has an internal clock, it shall provide its own battery backup to .busshall not cause interference with any electronic system on the to eliminate interference with radio and television transmission and reception. This equipment Proper suppression equipment shall be provided in the electrical system 225 such that the overall network integrity is not compromised.Evidence that applicable data shall be broadcast to the network in an efficient manner 6. The capability and procedures for uploading new firmware or application software. 5. ware. Access to revision levels of data, application software and firm 4. The capability and procedures for uploading new application or configuration data. 3. performance characteristics. Data definition requirements that ensure access to diagnostic information and 2. to/from the device). line timing, etc.) packet sizes, error checking, and transport (bulk transfer of data packet timing, idle -timing issues (bit, byte, packet, interProtocol requirements for all 1. the following minimum information: interface standard such as those published by SAE, IEEE, or ISO, or shall be published to RPT with All data communication networks shall be either in accordance with a nationally recognized components.board -shall reflect ASCII or alphanumeric data used in the communication between other onvariable devices such as rheostats, potentiometers, temperature probes, etc. Serial data signals status of 20 mA). Both types of analog signals shall represent the-etc.) or current signal (424 V, -12 V, 10-Analog signals shall reflect numerical data as represented by a voltage signal (0reflect the on/off status of switches, levers, limit switches, lights, etc. Discrete signals shall analog, or serial data. The input/output for the multiplex system may contain three types of electrical signals: discrete, connected to form a control network. ems shall consist of several modules the information on a single control module. Both systinformation on multiple control modules within the network. A centralized system shall process Multiplexing may either be distributed or centralized. A distributed system shall process location shall be designated as spares. Ten percent (10%) of the total number of inputs and outputs (or at least one each) at each zone state devices to provide extended service life and individual circuit protection. -ut modules shall use solidfailures and performing system maintenance. Multiplex input/outpdiagnostic capabilities. The modules shall be easily accessible for troubleshooting electrical -All like components in the multiplex system shall be modular and interchangeable with selfnew modules and/or the utilization of the spare inputs and outputs provided on each momultiplex system shall be capable of accepting new inputs and outputs through the addition of e expansion shall be provided for by an expandable system architecture. The Versatility and futur communications requirements of RPT IT Specifications. RPT shall approve the multiplex system. through the use of an internal logic program. This system shall meet the network ormation from input devices and controlling output devices accomplished by processing infmultiplexing system is control of components necessary to operate the vehicle. This is All vehicles shall be equipped with a multiplexing system. The primary purpose of the ignals shall be 18 AWG minimum. twisted pair and with drain wire. Cabling used for amplifier level sCabling used for microphone level and line level signals shall be 22 AWG minimum with shielded 226 each vehicle equipped with the system. Revision control shall be provided by all of the following: system shall have proper revision control to ensure that the hardware and software is identical on ugh a PC/laptop. The multiplex Provisions for programming the multiplex system shall be possible thro change the software, and hardware protection that prevents undesired changes to the software. ibution of the configuration software, limited access to the programming tools required to distrThis shall be achieved through any or all of the following procedures: password protection, limited The multiplex system shall have security provisions to protect its software from unwanted changes. ricing schedule. up board should be priced separately in the Proposal p-model, shall be provided as a tool for diagnostic design verification and training purposes. The mockA mockup board, where key components of the multiplexing system are replicated on a functional n. shall have the ability to check logic functiosystem, which shall be accessible via either a personal computer (PC) or a handheld unit. Either unit In addition to the indicators, the system shall employ an advanced diagnostic and fault detection ndicators.board visual/audible i-oninput/output status) and detecting either active (Online) or inactive (Offline) faults through the use of The multiplex system shall have a proven method of determining its status (system health and approve the exact location(s). Provide a 12 Vdc power outlet adjacent to each diagnostic port on the interior of the vehicle. RPT will The location of the communication port shall be easily accessible. a communication port on the multiplex system. At a minimum, information shall be made available via software/data revisions and uninterrupted timing function.minimum, this network level shall provide live/fail status, current hardware serial number, nel. At a in memory and provide diagnostic codes and other information to service personcommunications networks. The drivetrain level shall have the ability to record abnormal events tic data, and other electronic messages shall be formatted and transmitted on the diagnosDrivetrain performance, maintenance and ensured when the vehicle is in operation.compatibilities or other open protocol. Data communication among components shall be 7 with forward and backward Communications Protocol such as J1939 and/or J1708/J158and communicate fully with respect to vehicle operation with data using SAE Recommended energy storage, power electronics, ABS, and ATC and all related components, shall be integrated electric motors, Propulsion system components, consisting of the . herein communicate data over the network selectedComponents integrated on the Information Level shall these specifications.requirements of network that meets the The Multiplex Level shall use a communications herein. specifiedAll components on the Drive Train network shall communicate data over the network as corresponding network standard. c vehicle components used on a network shall be conformance tested to the . Any electroni 227 detection) designed for use in engine compartments. Thermal fire detectors must be in close dimensional -dimensional detection) or linear (two-Thermal fire detectors shall be spot (one supplied.Both thermal and optical fire detection shall be Fire Detection A) off, and extinguisher discharge sequences.-automatic engine shutdown, fuel shutUpon detection, the system will alert the operator with visual and audible signals and initiate compartment and auxiliary areas where a significant fire hazard exists. propulsion equipmentA Fire Sensing and Suppression System (FSS) shall be provided to monitor the : temperature returns to normal. compartment. The sensors will return to normal setting and deactivate alarms when the temperature in the critical areas and will activate the fire alarm bell and warning light in the driver's Additional sensors will be located in other potentially critical areas. The sensors will detect high downwind of the major heat sources, and in areas likely to be wetted by leaking flammable fluids. compartment under all horizontal bulkheads, above and equipmentpropulsion be located in the sensitive sensors or linear wire will be provided. They will -: At least two temperature Council Directive 95/54(R10). disturb the performance of electrical/electronic equipment as defined inn SAE J1113 and UNECE As a recommendation, no vehicle component shall generate or be affected by RFI/EMI that can from other vehicles.ns including computers in the vicinity of, or onboard buses, AC or DC power lines, RFI/EMI emissioRFI/EMI. This includes, but is not limited to, radio and TV transmission, portable electronic devices on the buses shall not be affected by external sources of subsystemsElectrical and electronic Communications Commission.V reception, or violate regulations of the Federal equipment, telephone service, radio or Tnot emit electromagnetic radiation that will interfere with onboard systems, components or Electrical and electronic subsystems and components on all buses shall f Contractor default. access in case oRPT with a list of EPROM parameters and place a copy of all software revisions in escrow giving RPT breach of the Contract. When legal liability concerns preclude such access, the vendor will provide in the event of bankruptcy or material to have full programming access to the multiplex systemwarranty period. Change requests to the software will be provided in a timely manner. RPT requests The Contractor will work with RPT to provide all requested changes free of charge during the full bus the software is currently in use in the multiplex system. of and a method of determining which versiondentification where all copies of the software in service displays the most recent revision number, ihardware serial number and firmware revision employed by the module; and software revision components; hardware series identification where all multiplex hardware displays the current cation where labels are included on all multiplex hardware to identify hardware component identifi 228 F with ambient humilities of 5 to 50% while 0 to 95 F 0 30-conditions in ambient temperatures of The system shall maintain these F with a relative humidity of 50% or less. 0 and 78 F 0 65and cooling systems shall maintain an average passenger compartment temperature between The heating, ventilating, passenger with a “coatless experience” to the greatest extent possible. vide the , and shall proat a level suitable for all climatological conditions found in Minnesotabus The interior climate control system will maintain the interior of the V25 system. exrequests the Amer RPT condition.extinguishing units shall be provided with a gauge that can be visually inspected for pressure manual. Stored pressure type distribution shall be installed in accordance with the installationcylinder shall have a minimum service pressure of 350 psi and be DOT rated. Nozzles and system shall have a minimum capacity of 20 pounds of BC or ABC dry chemical agent. System ns. The engineered and designed for vehicle applicatio-The fire suppression system shall be pre FIRE SUPPRESSION SYSTEM C) reset after the system is reconfigured per the instructions provided by the manufacturer.system sequence, the FSS shall have provision to be System Reset: After a fire alarm and complete .manufacturer of the suppression system extinguisher with the control located in the driver’s area. The installation shall be certified by the ge: The system shall provide a means for manually discharging the Extinguisher Dischar shall not exceed 30 seconds. shutdownbetween the fire alarm and engine feature shall be provided. An automatic delay overrideand the engine to shut down. An operator r a fire is detected, the FSS shall cause the fuel flow to cease, Down: Afte-Automatic Engine Shut maintenance.System Status and Trouble Indication: The status of the FSS shall be verified by inspection during to the operator. ndication: Upon detection of a fire, the system will provide a visual and audible fire alarm Alarm I discharge sequences.off, and extinguisher -with visual and audible signals and initiate automatic shutdown, fuel shutThe FSS will detect fires in the protected areas. Upon detection, the system will alert the operator SYSTEM ACTION B) corrosion. Fire detection sensors shall be located in an area not subject to linear detector of suitable length.compartment will be comprised of at least two each spot detectors or one propulsion equipmentthan thirty seconds. The thermal detection system in the being immersed in a fire in lessact to move a fire in the protected area toward them. The thermal detector shall respond to installation instruction, certified by the manufacturer, and typically mounted so that airflow will cations must be chosen per the proximity to the fire in order to detect. Their mounting lo 229 . busechanical equipment above the ambient temperature or discharge air into other systems of the m the buses’will not ingest air warmed by atmosphere andto efficiently transfer heat to the top bus the compressor and receiver for service. The condenser will be located in the rear, of the shutoff valves in the refrigerator lines to allow isolation of have Manually controlled valves shall obstruction by wheel splash, road dirt or debris.. The location of the condenser shall preclude its busdischarge air into any other system of the mechanical equipment above the ambient temperature or busthe not ingest air warmed by atmosphere andcondenser. The condenser shall be located to efficiently transfer heat to the the refrigerant lines during removal of major components such as the refrigerant compressor or ings shall be used to break and seal sealing coupl-practicalreceiver for service. To the extent controlled shutoff valves in the refrigerant lines shall allow isolation of the compressor and The climate control system shall be highly reliable since most failures are Class 2. Manually performance requirements herein. the system must be able to meet the Please note that HVAC testing is not required, but average temperature of 70±2 degrees F within 70 minutes.temperature, the bus heating system shall warm the interior passenger compartment to an 20F, and vehicle cold soaked at that –bient temperature at Conditioning System.” With amAPTA document, “Recommended Instrumentation and Performance Testing for Transit Bus Air up requirements for the heating system shall be in accordance with Section 9 of the The pull the cool down period. be cut off during mode may operate independent of the propulsion system and outside air mayless than 20%. There shall be no passengers onboard and the doors shall be closed. The cooling F and humidity 0 shall be parked in direct sunlight with the ambient temperature at 100 busThe F, measured 6 inches from the surface of the coil. 0 condenser discharge air shall not exceed 145and the siessure shall not exceed 400 pDuring the cool down period the refrigerant prup under the following conditions. -0 minutes after engine start2F in less than 0 90to 0 110The cooling mode shall be capable of reducing the passenger compartment temperature from lit toggle switch in lieu of the dash light is accepted as an approved equal.-An LED back A light on the dash showing when the heaters are activated is required. required.nder seat units are Uoff valve shall be provided for these units. -A shutapproved equal orfor the bus, a Valeo Thermoplus 300, 30, 31,000 BTU diesel fuel fired auxiliary heater -Proheat Xa to the passenger area with from the average. Supplemental heat will be provided F 0 5+than , shall not vary morebusthe cushions. The interior temperature, from front to rear of F of the average temperature at the top surface of the seat 0 10+above the floor shall be within the top surface of the seat cushions. Temperatures measured more than 3” temperature at F of the average 0 5+temperatures measured from a height of 6” below the ceiling shall be within is running on the design operating profile with no passengers. The busF while the 0 55F, the average interior temperature shall not fall below 0 40-to 0 10-ambient temperatures of is running on the design operating profile with a full standee load of passengers. In busthe 230 cubic feet per minute per passenger.passenger. The ventilating mode shall provide outside air at a minimum flow rate of 20 with air velocity not exceeding 60 feet per minute on any busdistributed throughout the t outside air. Air flow shall be evenly The air will be composed of no less than 10 percenwith full standee load. bus per minute per passenger based on the standard configurationat or near the ceiling height at a minimum rate of 25 cubic feet busintroduce air into the te control system shall The cooling mode of the interior clima vent mode. air conditioning system fails, the climate control system will automatically switch to the These controls are in addition to the front defroster and driver's heater. If the thermostats.switches for each function. Actual bus temperatures are controlled by automatic rotary or toggle usingAll interior climate controls will be directly under the control of the driver (Off/Vent/Cool/Heat).ntroller position co-An option shall be available for a four condenser fan fails.system shall switch automatically to the ventilating mode if refrigerant compressor or the driver shall control only the defroster and driver’s heater. The interior climate control automatically;All interior climate control system requirements shall be attained ccess door.a lockable a ithwThe HVAC can be roof mounted and accessed from inside the bus conditioning system.out type guard with a minimum of screws will be provided for easy access to the air -A swing and defroster system.heater Stepwell heat shall be supplied via the supplemental heater and controlled by the driver’s Heat shall be applied to the front step tread to prevent accumulation of snow, ice, or slush. at the compressor to allow the compressor to be isolated. will be provided standard operating profile. To facilitate the servicing of the compressor two back seated valves . The compressor must have a minimum useful life of five years on the buscomponents in the eed without damage to the compressor or any other designed to allow its engagement at any spcompressor will have a minimum displacement of 25 cubic inches. The compressor must be The air conditioning Screw type required. ):ingK Thermo( nt size to remove all condensation. sufficiemotors (brushless). The evaporators will incorporate, as part of their design a drainage tube of evaporators, the expansion valve, the return air filters, the electric controls and the blower in a location designed for ease of maintenance of the busin the rear of the the roof oron ): The air conditioning evaporators will be locatedKing Thermo( accepted.are oof mounted condensers R .NTIN ALL CASES R134A MUST BE THE REFRIGERA approved equal.RLFE rooftop A/C unit & TE15 Rear A/C unit, or The air conditioning unit will be the Thermo King 231 ency, 50 percent weight arrestance, and a atmospheric dust spot effici or betterfor 5% to prevent entry of snow, sleet, or water. The filter shall meet the ASHRAE requirement and adjacent traffic. All intake openings shall be baffled busto exhaust emissions from the m, particularly with respect to ensure cleanliness of air entering the climate control systeOutside openings for air intake shall be located on the left side of the vehicle . months to reduce moister on the interior windowsof mixing drier outside air during winter that the defrost system be capablenot require prefers, but does RPT equipped with a fresh air vent that is easily operable by the driver.prevent passengers from touching the fan. This area will also be toin such a fashion ne of site of the operator and . The fan will be located out of the liboth fanseither one or operator does not have to leave the seat to activate the fans. The switch will activate be mounted so that the bus fans willwith defrosting the windshield. The switch for the vided to assist fans) will additional areside window. Two dash mounted fans (this defroster or interior climate control system shall maintain visibility through the driver’s and shall have the capability of diverting heated air to the driver’s feet and legs. The Recommended Practice J382, Windshield Defrosting Systems Performance Requirements, passenger area. The windshield defroster unit shall meet the requirements of SAE in the heating mode shall be reduced proportionally to the reduction of air flow into the Adjustable nozzles shall permit variable distribution or shutdown of the air flow. Air flow per minute of air to the driver’s area when operating in the ventilating and cooling modes. interior climate control system shall deliver at least 100 cubic feet busThe batteries are below critical levels. ith reduced performance to allow the bus to operate when the high voltage operated wThe HVAC system may be .load shedding when required to conserve battery powerHVAC control must include a method to provide multistage provided that will allow the operator to open and close the roof hatches.be inches. A tool shall -or with all 4 edges raised simultaneously to a height no less than 3½inches, -of being positioned as a scoop with either the leading or trailing edge no less than 4an opening area no less than 425 square inches and shall be capable ventilator shall coverin motion, the escape hatch/roof ventilators shall provide fresh air inside the bus. The roof of the bus approximately over the front, mid, and rear axle. When open with the bus roof ventilator combinations shall be provided in the A minimum of three escape hatch or heating system electronic control.uniformity shall be included. Control of the floor level heating shall be through the main upper level but additional provisions to prevent cold floor and ensure temperature through floor ducts across the length of the bus. Floor ducts may be discontinued at the Sufficient floor level heaters shall be provided that evenly supply heated forced air F air outlet temperature.°warmed sufficiently to assure at 70element has The fans shall not activate until the heating than 20 percent outside air.will contain no less busheating mode with full standee load. Heated air introduced into the ir flow may be reduced to 15 cubic feet per minute per passenger when operating in the A 74 232 Inside the vehicle, power shall be distributed through a main distribution panel with individual .clearly indicating the state of operationon the dash sindicator illuminatedThe bus shall have interface) so that the vehicle may safely depart. completely free from the charger connection (charge head, pantograph, overhead charge Upon completion of the charge cycle, the bus mounted equipment shall disconnect and be charging and release the bus from the equipment. rminate situations detected by either the equipment or the bus operator shall automatically tesequence shall automatically stop if faults or errors are detected. Emergency The charging completely stationary with the parking brake of the bus engaged.e bus being disconnected from the charger. Recharging of the bus must be dependent on thconnected bus shall be automatically rendered inoperable. The bus shall remain inoperable until y upon charging circuit activation and until the charging period is complete, the Immediatel of the vehicle from the charger. operator, disengagement of the vehicle prior to charging, charging of the vehicle, cand the release The charging sequence shall include the entire docking of the vehicle, instructions to the bus ion, etc. duratevent, including bus ID, charger status, beginning SOC, charge amount, ending SOC, charge The bus must be equipped with a communication system to transmit information on each charge proper operation of the system.drain water and ice melt to ensure and snow buildup on the mechanism, and must be able toroute charger equipment shall have a means to prevent ice -The roof compartment housing the on weather, debris, or normal operation of the bus. be grounded and protected from inadvertent damage due to the roof of the bus and shall route charging system shall be mounted on -route conductive charging. The on-charging and onelectronic/electrical components to allow for both depot They bus shall be equipped with all way controller.-See 1.36(2) for optional 4 control system shall be powered.irements, and when in the OFF position no mechanical system within the climate requWhen the switch in ON the interior climate control system shall meet all specification conveniently located to the driver. This switch shall have only OFF and ON positions. The entire interior climate control system shall be controlled by a switch openings shall be located so that they will not be subject to clogging from road dirt.vable for service. Moisture drains from air intake filters shall be cleanable and easily remofiltration may be provided to maintain efficient heater and or evaporator operation. Air minimum dust holding capacity of 120 gram per 1,000 cfm cell. More efficient air 75 233 Memory Transfer Card (synonymous with MTU) MTC • with MTC) Memory Transfer Unit (synonymous MTU • Mobile Data Terminal MTD • MDC Mobile Data Computer • Mobile Access Router MAR • Load Dump Module LDM • LAN, WLAN Local Area Network, Wireless Local Area Network • Electronic Equipment Compartment EEC • Driver Display Unit DDU • Automatic Vehicle Locator AVL • Automatic Volume Control • Automatic Vehicle Annunciation system • )Automated Passenger Counter ( APC • regulations thereto. Americans With Disabilities Act of 1991, and all subsequent amendments and ADA • television, content control and content management. bilities, any supported media, such as The Proposer shall include technical data on the display possi mounts suitable for a rugged transit environment.The System must include required equipment, including video inputs, video connections, and advertising, including public service announcementsEnable digital d. Provide passengers real time updates c. Increase passenger awareness b. Keep the passengers informed a. of the Infotainment system are:Proposer shall describe an optional Infotainment system for passengers on the bus. The goals The Proposer shall provide a separate price for this option at the time of Proposal submittal.FI access on the bus. The -describe an optional provision for passenger WIThe Proposer shall price for this option at the time of Proposal submittal.separate all electronic/electric safety features required in this RFP. The Proposer shall provide acapabilities at each seat, including wheelchair securements. This system must be compliant with board electronic device charging -describe optional provisions for onThe Proposer shall route system available on the bus at the time of Proposal submittal.-Contractor shall provide a complete description of both the depot charging system and the on pack or packs. circuit shall also be protected on the output stage to the batterycircuit breakers and RCD/GFI protection on the input to the charging module(s). Each charger 76 234 smsyste VLU The theft. from the VLU tecrotp help to a unique key ringiquer orod sseacc het on ckol curees a have llhaVLU s ice. The of formation external and ,snvariatio uretraetemp eemextr sion,orroc ctederid-hosed erizusserp vibration, st,uow dlnd biw snow, sleet, rain, dirt, tsnagai tcesing shall protag body cnstro A nt.eenvironm nortatiospntra blicuthe p of entsmele rshah the standhwit to the VLU woall shall nigdes This nt.eacemlrep nda sy installationae portpsu to nedgdesi be shall VLUThe .modularityd nay technolog rta-eth-of-eatts ing,kloo drawfor with deignsde be shall VLU The f. bus. the on callyol ednretai oard data to beb-all on woall allhs VLU rkonetw the to links onicatiunmol to vehicle a gnisuemergency ca an of event the In network. onsicatiunmcom emti-real a with integrate to the capability have shall hicwh LAN, ssereliw reusec single a hgthrou data fo ssioni to ssetems accsybsusenec the lesaben that oniatrinteg ployem shall LUV The tion).aocL uter Aided Dispatch/Automatic Vehiclep(Com LAV/DACr) and eger Countenatic PassmAPC (Auto, alvirrA evitcrediP, ingrotMonih tealH elcehiV Network), aeAr caloL essl(Wire WLAN ),oniaticAnnunVehicle c utomatiA(A AVo td limitee bt not bu ednalities shall incluo VLU system The e. n.octiecoll data rshiperid as well sa mentsencuanno anticompl ADA isecerp to mshcation algoritodvanced lae seoy thlpme VLU shallre the bus is along the route. The ert whourately repcto ac espul ertodome and heading, opiccsogyr GPS, the ezutili that algorithms ationcced lonadva mploye e VLU shallhT s.aare lla in data PSGhandling fo ablepVLU system shall be ca d. s. psetu tyicuresrt osupp to smsyste eramcasign/ f integrating witho pableac U shall beLV The . c s.nsplay sigid cinotrcee elhiclve-in the to noinformati smitntra to 7081nd Ja 399RS232, J1e suall hU sLThe V s.eevicd type-PC for IDE capability full utputs, ando nputs andi re I/O, audioameter, spodo outputs,and stinpu teediscr P,P/I, TCtherneEt ,SB, UTTL, liney bush tiand RS485 w N,AJ1939/C SAE J1708/J1939/J1587, SAE thiw standards onicatiunmnd ams via proven transit en to bus systote indU system shall proviLThe V b. service. fo years many and smsyste ITS ardofuture onb for wthorg rof wos shall allindards. Thaunication stmcom nsitaTr and PC arddstanvia semsyst board-on all to secainterf dna nsoctieconn array of vast a yloemp shall ULV ehT he bus.t on edltalsni rlleorontc CP desab sstandard-enpo an eb llhas )itnU ogicL elciheV( LUV The a. ic VLU1.1 w: obel catediind as (P.A.) sserdad blicup a install allhs roContract sserdAd Public 1. Vehicle Logic Unit VLU • Transit Signal Priority system TSP • Public Address System PA • 77 235 is it provided up powered is temsys board -e onht when or yaoverl at cilityaf eenanctainm eht at pedpsto are ssesub the enhw LAN esslvia wire mestys rdabo-on fleet the to edddownloa utomaticallya be shall esgssaem and new ateddUp c. ents.emcnannoued drorec allytdigi as ctoracontr the yb eddprovi eb to rea ilesf audio Initial b. em.tsysincuugh this annothr ayedlspiand d cednounan to be es,grvice messaeS blicuP dingus, inclessagem nuonna ialcespd erdorec-epr ro hoc”-d“a display dna nceunnoa to the operator for capabilityoverride idevpro shall mtesys Annunciation) hicleeV utomaticA( AVA The a. formationnI erg 41. ogdWatch noApplicati ▪ ogdWatch Hardware/Software ▪ Shutdown oAut & tDetec e wLo ▪ hS Delayed elbaProgramm ▪ Interruption Ignition mofr deProtect ▪ Micro mentgenaaM Power decatiDed ▪ noProtecti Circuit Short ▪ Protection Reverse ▪ noProtecti Overvoltage ▪ Voltage Input Vdc 48 to Vdc 18 waDr Current 24Vdc @ Amp 1.5 ▪ waDr rePow minaloN Watts 35 ▪ aMan rePow 1.3 Communicator is accepted as an approved equal.-Com 2G CAN-An Amtek Dixson C sionnexpa entncompo shelf-the-off ercial,mCom ▪ ionstcondi environmental for J1455 SAE with anceiCompl ▪ menteagnma and ngicondition plypsu rePow ▪ osticsnagid and ecnan for display LED ▪ sezon 4 least at for ntroloc Automatic ▪ pma r rdrive dan samp watt-03 3x fo m a hwit msyste AP ▪ erfaceInt metsys xipletmul & OI/ ▪ neophomicr vertoc and EA set,dnah with ecainterf oiRad ▪ interfaces J1708 and (CAN) J1939 SAE ▪ singesaddr IP micadyn and ngirout Network ▪ dsauploand ,s ,rityuces NWLA gemployin gdownloadin/loadingup Wireless reucSe ▪ ctionecoll nda geaorts data volatile-Non ▪ patibilitymco 10 dowsnWi and X86 ▪ matching map and ogyr odometer, GPS, thiw noNavigati ▪ terminal data touchscreen CDL color full for rtoSupp ▪ geastorstate -disol ableedargup and aceablelRep ▪ technology sbu tSmar ▪ sncatioimmunoc data & voice time Real ▪ life gnised Year 12 ▪ logon tpoin eSingl ▪ signeD and no1.2. Functi :below summarized are entsmrequire ental, and capabilitymenviron ent,m power unctions,f mumimin 78 236 random a utomatically bya triggered eb shall esgssaem audio eicServ Public a. Initiated Announcement-OperatorInterior Public Service Automatic or 71. server. provided the hgthrou eleabganhc as well as nalization,if gnides for time the at lebraunfigoc be allhs siTh “Next searhp the p afterost next the at edam be to sfersntra regarding rmationoinf nceunnoa shall stemyS ULV The c. e.ids rveres the ughothr and bus the on leburagconfi be allhs and emtsys VLU the of meteraa par shall be from edma rea ntsecemnuoann the atht ecandist The .psto extn het sechabus approe ht sa adem be shall stunnoa Stop” “Next eht eration,po oiAud ngiachoAppr In b. rver side.erough the sht nda bus eht on bleaoc eb shall dna VLU the of ertrameap a shall be stop bus ntepres the from edma is nteemcnuanno the cendista The stop. extn the to enroute stop ntesepr thedistance of falls within the configured sub the sa dema rea entsemncunona Stop” “Next eht Audio operation, rtingaDep In e.dmo dio”uA ngihcaprop“A ro rting Audio”aepD“ rheeit in eratepo to ment systemeagnMa Data edsopopr the e,lfigurabnco be allhs ncementunnoa Stop” “Next roeritin The a. Interior Next Stop Announcement 61. et.fle eth ot ddownloa efil cautomati rfo metsys NAWL ▪ em via tr sysess bulk data transfewirel : seciation updatnnnua Automatic ▪ l.aequ dapprove ro ,Sunrise ,BaliosHanover, ,atornLumi ,Vision inTw ng iludcins nigson atinitse’ d srdoneve multiplf ot : Controln Sign Destinatio ▪ ntsecemnuor anneprop reuens to accuracy esicepr with ationnd Location s:tunnoa edsab-AVL ▪ noise ambient on deasb ntsedjustma iseon Automatic ntrol:oC lumeoV Automatic ▪ seagssem txet edtanordioc htwi pesty ignsof yvariet a sSupport :yaDispl lVisua ▪ edtusjad ciationsnunan and detcedet are segncha routeand rvicees liaecps and etrou of end -Off on:iciatnunan deasb-noocatil dna -eRout ▪ etc. ntsecemnuoann safety cied, publdenpat, suserepns for iorovisp rrideeov rator/manualepO ers.trameap controlled-retriggn o asedb ntsecemnuoann seEnabl control: ciationnunan efinedd ratoreop dna Automatic ▪ The AVA system shall include at a minimum: e. system. ethin noatiivar and route timepoint, every for ationincuann aluvis and leibaud provide shall AVA e Th .stemysA AV llingua-multi e aidvpro lshalr oactcontre Th .ADA the of the requirements stmee stemySciation nnunA c VoiceitmaoAut sedoprop gssage sier dynamic moeritin naand U,Lthe V via ation systemicnnuna oicev wno its provide allhs ctorartThe con d. .emtsys NWLA eth fo erang in 79 237. The AVC sensitivity shall system shall adjust the volume within those rangesvolumes shall have an adjustable minimum and maximum volume. The AVC exterior volume levels independent of one another. The interior and exterior . The AVC system shall control and adjust the interior and detectionoutside functions with microphones on the inside and speakers or microphones for The system shall be capable of detecting ambient noise and performing AVC b. ge.nra elca edndefi-epr a within ecomp allyicautomat be allhs ment volumeecnnouna eTh oise.n tingsiex the erov bly audibleartois comf at itht ecemnuoated annmauto f theovolume e hlower tnd ae sie and ralthe ambient noise of the vehicmonitor l shalA AV .lutionosA AV ethf ot pars ad provide eb halls )lontroC olumeV icat CAV a. Automatic Volume Control 11.1 minfor deuestqRe Stop time, and date, the deirovp also allhs e hT ms.halgorit based-cationol on debas s automaticallynsig LED the ot nonformatii ptionip descrots p dna control allhs VLU The a. Inside Signage 101. system. rserve eth gusin yritopri eth echang ot ytiabil het evshall ha RPT time. same the at ruocc ythe ttha tnevehe tn i ,srekaeps metsys AP hetr eplayed ov stge )tunnoa ciautomat eht or ntecemnounrator aneOp (live nts,ecemnuotwo ann the of which of rityopri the shall control erfeatu This .ecaInterf atorerpO the ughorht Operatorvia the callyol nda rveresthe roughht edgbe mana ble shalliavar noritizatiors. The priekaspee hents over temcniority of the annoupr the control shall stemyS VLU The a. Priority tneAnnouncem 91. on. glo ro after esgessam stinationer do the display maticallyoaut to gnsis oniatndesti with all integratehThe VLU System s a. Exterior Route and Destination 81. day. eth tthroughou srvaletni ta play llahs entsmecnuonan esThe on.ientvertnir oeratopwith no ghout the dayuthroents mcennouane ciim to automatically play publestyre the suconfige to lab ebnel shall nperso RPT tion.enInterv peratorO ges withoutsasee mcivers ciublp uleddehcS ro ictomatuAr foy capabilite the idvprol shalm systeA AVe Th d. announcements. AVA compliant recorded ADA-pre the as ecivo n the sameirs ekathe PA sped over ehall be playsnt ecemnounnarvice ec sint. The publecemnuoannthe f o nscriptioed ttex ,understand ot ysea an by entedserpre be llhas geasmes hcaE c. ace.fInter ro the on yedadispl list a mofr uncementonna ecic serviublp a play ct andesel to able be shall atorerpO ehT area. eciserv tirene the for atad ther operationalo the with ULV ardbo-on the on redost be shall stuncemenonna ecipublic serv the All b. s.tuncemenonna ecid public serverdocer-rep ned,nca morf ctingesel by Operator the by allyuanm ro rveres the fined withined algorithm 80 238 The compartment shall be equipped with a power supply and shall be a minimum 32.5 .23. unloaded.free loaded or -rattle out shelves in the stowed position. The compartment shall be-retain the slideShelves shall securely latch in the stowed position. Provide an easily removable locking bar to inch rack, capable of height adjustment. -combination of slide out shelves and a 19contain a recorder, onboard systems equipment and other electronic equipment. The compartment shall wheelhouse to provide a mounting location for a radio transceiver, security camera digital video sealed compartment located on the left front fullyEach bus shall be equipped with a 3.1 DoubleMap in accordance with RPT’s current system. system from a. Contractor shall supply and install a fully functional Automatic Vehicle Locator system. VLU the to radio the setaegrtin that tedsanr Hoeratpo an deund incla ountm the with d equal,erovp, or apradio Motorola XTL 1500 a be allhs dioar The a. Voice Communication 41.1 s tEtherne torp 4 mpoint, and sseFi acc-iW ratedginte with zediedgrug all behs It wall.efir and rityuces s routing,sae clsienterpr eutr with utionlso snunicatiommoc FirstNet 3G/4G one-ni-all d,erugg a be shall It b. .redoster are snmunicatiomco once mesyst forward data to the central dna rruptedeint rea onsicatiunmcom if store dataThe system shall olling interval.p dncoes 03 a at sehiclev 003 at least to up for nalityo dequirer the etodamshall accom ssioni for deus olocprot data The time. any at reasoftw central the thiw esge messaviceer dna dnto se nsonicatiucomm ss dataereliw the use shall uterpData Com bileoM The a. Data Communication 31.1 nce.aperform rateuacc most eht achieve atht cleiveh ache for settings ntealignm blish theatseation to lnstali after deratbcali be llsha nsorses d the of entmalign heT hicle operator.ethe v to cessibleca otn rea atht sncatiool in mounted eb shall llerocontr Counter ergmatic PassenoAut nsors andeoodsts. The aghting balliesuorls face, such nnetic interferegamtroceel ofs esourc oidav to utedor dna eddshiel eb shall rsonses orwayod eht to ngiCabl b. s.meab infrared the for wsodnwi edlge, with seaapass doorway the into snoiprotrus yna diavo to saso mounted eb shall orsnsse nterur CoessengaAutomatic P VAN. 3991-J ro 1587-08/J71-J AES arddstan the on deasb uter,pa ComtDa oardb-no the with integrated ebl hals rerolltcon nteruCo ergssenaP aticmAuto The a. tomatic Passenger Counter Installation/IntegrationAu 21.1 to volume adjustments on the vehicle via the Operator Interface. other AVA system parameters. Maintenance personnel shall also have access also be adjustable. The server system shall manage these adjustments and all 81 239 destination sign message. Leading zeroes shall not be displayed. The system shall have the by the driver and shall be independent from the digit route numbers shall be selectable -Up to four to sign maintenance. control unit shall be able to access diagnostic functions and display corresponding results relative entering the message code. Additionally, the -selected message without re-the pre quickly changeselected. The driver shall be able to -The control shall allow two destination messages to be pre operator to view the display for a message, or beeps indicating that a key is depressed. l contain an audio annunciator that beeps to alert the the status of the sign system. It shalcharacter display. This system shall inform the driver on -The control shall contain a two line by 20 keyboard with tactile feel and be designed to withstand the bus environment. shall utilize a conductive rubber pad box door or above the driver’s side window. The control shall be used to view and update display messages. It shall be recess mounted on the front sign lit keypad. This control / display unit -Signs shall be controlled from the driver's station using a back .amber dots on a black background x48 matrix signs in the rear of the bus5 Provide 1 or. behind the front dowindow. It shall be located on the right (curb) side of the bus in the top of the second window and be sufficiently compact so as to fit neatly in the side viewable from the exterior of the bus112 column amber dots on black background, , 15 row by cm) high by 36.3 inches (92.2 cm) wideside destination sign shall be an 8x96 matrix with display dimensions of 2.8 inches (7.1 curb The . RPT upon requestinstallation signoff shall be made available to n manufacturer’s the installation of the sign into the bus as an integral component. Evidence of sigglare and maximize readability. The Contractor and the sign manufacturer shall jointly engineer ign box glass as possible and the installation shall be designed to minimize located as close to the sdimension of 8.01 inches (20.3 cm) high by 64.6 inches (164 cm) wide. The front sign will be , with a display configuration row 7sign shall be in a 1The front destination cold weather.nt fogging in be heated and the compartment shall be ventilated (fans required) so as to preveThe glass in front of the destination sign shall ., color as an optiondots on black backgroundamber or from the current configuration. The colors of the signs will be more than 10 entries The route names will be expanded by not . interfaces with the MDT shall be provided on each busthat Hanover ion sign system manufactured by An automatic electronic destinat3.3.1. General. design, shelves, and power supplies.shall approve the box RPT’s existing system. RPTinterchangeable equal cores and keys to match oor, retained with a key lock. Supply ‘approved entry of water, and equipped with a dinches high by 15 inches wide by 19.5 inches deep. The compartment shall be sealed against the 82 240 . bushall be shielded throughout the Sign interface cabling ssystem will withstand transient pulses of 600 V for 10 microseconds and 100 V for 10 milliseconds. and/or R.F. interference. Sufficient transient interference suppression will be included so the protected against voltage transients 6 Vdc). The sign system shall be internally -of 24 Vdc (+/shall be mounted to reduce vibrational stress. The system shall operate at a nominal input voltage sockets and board edge connectors shall be plated with a noble metal, preferably gold. Boards .C. shall be machined pin, plated with a noble metal, preferably gold. All connectors, including IElectronic circuit boards shall be of a quality to facilitate repeated repair cycles. All I.C. sockets STOP/OFF.n Switch except ENGINE supplied in all settings of the Master Ru eDestination sign power will b preprogrammed with the correct readings. A list of destination sign readings will be supplied to the manufacturer to allow the signs to be . A wireless option must be provided. (MTU) or Memory Transfer Card (MTC)with the use of a Memory Transfer Unit busprogrammable on the -The sign system shall be re into the system. prior to delivery. There shall be no public relations messages programmed RPTplied by codes supthis amount to at least 12,000 message lines. The sign memory shall be programmed with listing There shall be the capability of storing at least 10,000 message lines with a capability of increasing grammer during creation of the message listing. the same message, as chosen by the message proThe system shall be designed so that the destination signs can display independent messages or information displays or signs, such as interior information signs, as a future expansion possibility. additional capable of controlling up to 10 components. The system shall be capable of operatingEach sign system shall have a system processor board, mounted in the front destination sign, after the vehicle master power switch is turned off. (black) within 30 secondsblanking feature that will cause the entire display area to be blank -shall incorporate an autosunlight or other environmental conditions normally associated with bus operation. The system versely affected by continued exposure to circuit boards. The message displays shall not be adin -comprehend the complete reading. Readings shall be stored in electronic memory on plugSequential messages shall be displayed in a manner and at a rate that makes it easy to read and cally programmed. No blank messages shall be shown during a message sequence unless specifi J1708 interface. Sign readings shall also be controllable without driver intervention via AVL information using a ng stable in a constant 'on' mode at all times. number portion remainiline destination messages, but with the route -additional ability to sequentially display multi 83 241, shall be RPT. If the bus does not have a metal roof, suitable ground planes, to be approved by RPTto be approved by nstallation inside diameter from the radio compartment to the driver’s area. I 0.56 diameter plastic conduit and a inch-5/8or a sealed with waterproof caulk; machine screws, inted on the roof. Unpainted antennas are mounted with rivnuts and interfere with numbers paquipped with the following antennas. Placement of the antennas shall not a. All buses shall be e . RPT fromof material used will require approval not be affected with masking installed. Material used shall be black. Installation, visibility and type items hidden from view. Sign visibility shall masked to keep sign wiring and other compartmentbody) shall be busront and rear exterior sign glass (defined as the glass attached to the agrees to other methods. RPT removed and installed through this door unless ing of the sign door. The sign is straps. No components shall need to be removed to allow full openhinge running the entire width of the access door; if bottom hinged, provide appropriate retaining ng latches with handles. The front sign compartment access door shall have a metallic piano spriservicing and cleaning. The front sign compartment access door shall have quarter turn adjustable c. Sign boxes shall have access doors to allow replacement of sign mechanisms and to allow hall be visible at all times with no fogging of any glass. swindow or on the outside of the sign box window. Heated front sign glass shall be supplied. Signs A means shall be provided on the side sign to prevent accumulation of dirt on the inside of the bus in a protective cover that is removable with the sign. Each sign shall be housedSign boxes shall not vibrate or rattle and shall be sealed to exclude dirt, dust, water and insects. interior is cleaned with a ”cyclone” type cleaner. busthe f dirt, dust, water and insects during normal revenue service or whento prohibit the entry oup and subsequent dirt accumulation. The front and rear destination sign cavities shall be sealed -b. Sign mechanisms and boxes shall be constructed of materials designed to minimize static build revenue service. is used in normal bus using and mounting LEDs that will not fail due to vibrational stress when the a. The LED intensity automatically adjusts to the ambient light. Special attention will be given to -on-or light light-on-height of upper case letters), and shall contrast with the background, either darkfor front 'head signs', with 'wide' spacing (generally, the space between letters shall be 1/16 the boarding side and a minimum character height of 2 inches (51 mm) inch (25 mm) for signs on the height ratio between 1:5 and 1:10, with a minimum character height (using an upper case 'X') of 1 -to-height ratio between 3:5 and 1:1 and a stroke width-to-Characters on signs shall have a width visible at greater distances. These are minimum requirements; the signs shall also be Side sign: directly in front of the sign and 1 foot (305 mm) away from the side of the bus. the side. Front and rear signs: 3 feet (914 mm) from the front (rear) of the bus and 1 foot (305 mm) from below. 3 inch (160 cm) tall person standing as described foot-5The signs shall be visible and legible to a 84 242 state electronic chime signal shall be provided. A separate light -wishes to disembark. One solidThe purpose of this system is to request stops and to alert the driver that a fully mobile passenger ration of both passenger signal systems. the design, position, materials and opeshall approve RPT Contractor may propose integrated or separate system(s) that accomplish this. systems shall alert the driver, both visually and audibly, and separately from each other. The sembark (system B). These and to alert the driver that a mobility aid passenger wishes to didriver and the other passengers that the bus is requested to stop at the next bus stop (system A) e main function of the chime signal systems is to enable any mobile passenger to inform the Th a. General approved at the design review.A method of grounding static electricity shall be provided on each bus and will be Static Ground screws. A metal backing plate shall be used. overs will be with rivnut and machine ceiling allowing access to the antennas. Mounting of these cAccess covers, painted to match the adjacent ceiling panels, shall be supplied on the interior top vehicle identification numbers. antenna must be installed to not interfere with the roof be supplied directly under antenna. Theceiling access panel must shall be installed; supply and install coaxial cable connectors. An interior prevent rubbing and chafing. All connectors installed to allow easy replacement of the wire and t or nylon tubing inch (19 mm) rigid thin wall metallic condui-routed through continuous 0.75compartment. Provide 3 feet (914 mm) of excess cable at each end. The antenna cables shall be approved equal coaxial cable connecting each antenna with the electronic equipment or ‘Andrew’240 -s, unless otherwise noted, shall be changed to CNTin cable-Antenna lead roof. foot coil of extra length. This antenna shall be mounted near the front edge of the -ending in a 3equal antenna with the cable leading into the EEC and approved or 5 GHz, Bolt Mount, 5m, White2xLTE, GNSS, 3x WiFi, 2.4 and –1 Dome Antenna -in-Provide and install a Sierra Wireless AirLink 6 terminated ends. -equipment box with three feet of cable coiled at noner communication devices. The cable will run from the GPS location to the interfere with oththe roof at the front of the bus, have an unobstructed view for satellites reception and not . This antenna will be located on antennaDual Band, GPS/WLAN a a. In addition to the antenna is well as the connectors, mounting hardware and antenna.mounting top hat with 13” ground plane as -All buses shall come equipped with the radio antenna . RPTshall be approved by their ground planes. All antenna provisions installed. Antennas shall be mounted in the center of 85 243 the equipment and the locations of the PA system components. shall approveat the design review RPTor low voltage noise interference and shall produce a clean, clear sound. supplied components shall not contribute distortion -other equipment as an amplifier. Contractorrs. The PA system uses the radio transceiver or originated announcements to passenge-and driverPublic address system provisions shall be provided on each bus for facilitating radio system the system shall be reset. hime disabled. After all doors close, When any door is opened, the display shall be on with the cdriver's dash mounted lamp shall illuminate. The chime shall be disabled while the display is on. When any tie down area stop request signal is activated, the system B chime shall sound and the . Plug to be accessible to maintenance and not visible to passengersup seat for maintenance. -shall have an electrical disconnect plug to facilitate removal of the flipup seats with the touch pads -ted by movement of the secured mobility aid device. The flipactivain each tie down location. This touch pad shall be located where it will not be accidentally passenger folding seat -greater than 5 lb. (22.2 N). Provide a touch pad on the bottom of the twowrist. The force required to activate controls shall be no grasping, pinching, or twisting of theinches (381 mm) above the floor, shall be operable with one hand and shall not require tight Controls for system B shall be mounted no higher than 48 inches (1219 mm) and no lower than 15 section C3.04.02 (system A). illuminate the two lighted display signs referenced in instrument panel and shall illuminate when the system is activated. Activation of this system shall different sound than the system A chime. A separate light signal shall be provided on the driver's a state electronic chime signal shall be provided. This chime shall produce -to disembark. One solidThis system shall allow a mobility aid user to request a stop and alert the driver that he/she wishes oors close, the system shall be reset. After all dthe displays are on. When any door is opened, the displays shall be on with the chime disabled. illuminated and the driver's dash mounted lamp shall illuminate. The chime shall be disabled while shall sound, the passenger display signs shall be When system A is actuated by a passenger, chime interfere with any window operation. 3 or approved equal with Torx screws at each chime cord crimp location. Cords shall not -p.n. 8043 shell ‘Atwood Corp.’ tiller clamps, -with a tiller clamp. Use dual halfsecured sidewall andthe bus or travel. They shall be anchored at the opposite (bottom) end by means of an eyelet attached to These cords shall be secured to the horizontal chime cord with tiller clamps so they will not slide at every side window pillar. placed on a nearby stanchion. Vertical drop cords shall be locatedinspection. If the cord is not usable in the rear door area, a button to actuate the signal shall be shall not interfere with opening of the side destination sign and route number sign for andwindows the imaginary line separating the upper bin windows from the lower sections of the side the full length of each side of the bus except at door openings. These cords shall be located along ords running horizontally for centered yellow plastic c-System A signals shall be actuated by wire lighted display signs shall be mounted near the centerline on the ceiling. One activated. ignal shall be provided on the driver's instrument panel and shall illuminate when the system is s 86 244 Propulsion System Fire Red/Yellow ProvideManufacturer to Light Propulsion System Yellow Wheelchair SymbolInternational Chime 2 Mobility Aid User Stop Yellow ASS STOPP Chime 1 Passenger stop Red ISCHARGED chargingDC/DC Converter not Red ARK BRAKEP None Parking Brake On Green Tone Emergency Flashers Green None Turn Indicator, L Green None Tun Indicator, R Red RIVE HOTD TemperatureHigh EV Drive Unit Red SYSTEM HOT System temperatureHigh Propulsion Red Low Air Low air pressure Blue None Headlight High Beam Red Stop Lamp None Air brake application Red XIT DOORE None Rear door open objectionable. Audible alarms shall be electronic. audible alarm buzzer shall be noticeable to the driver, but not at a sound level or pitch that is on the instrument panel or other approved location. The warnings. Indicators may be located The following visual indicators shall be provided, augmented as shown below with audible prior to manufacture. RPTwill be approved by APC mount location direction doors open and space to mount the APC Analyzer.doorway width, , either above or on both sides, depending on each doorwaywithin b. Provide mounting space . from DoubleMap The bus will have an infrared Automatic Passenger Counter (APC) system supplied antenna for the Public Address System is approved.-DoublemapA replacement when necessary.d to the EEC. Speakers shall be installed so as to facilitate testing and this speaker shall be routeshall be provided on the curbside no more than 1 foot from the front door. The wire for One exterior speaker of weatherproof rivnuts, machine screws and utilize a metal backing plate. . Mounting shall be accomplished with zone seen at the input connecting end shall be 4 to 8 ohms These zones shall divide the bus into a “front half” and a “rear half”. Total impedance for each Board System PA function. -be split into two zones of at least 3 speakers each for the current Onall sides of the bus passenger compartment, installed with proper phasing. The interior speakers shon alternate mountedflush overhead -At least 6 interior loudspeakers shall be provided, semi 87 245 ‘Belden’ 8761 2 core or approved equal. –P.A. aux. microphone receptacle to the EEC • en’ 8761 2 core or approved equal. ’Beld –Driver’s speaker to the EEC •’Belden’ 8761 2 core or approved equal. –P.A. microphone receptacle to the EEC • equal. ’Belden’ 8761 2 core or approved –Camera activation switch location to the EEC • approved equal.’Carol’ E2004S 4 core or –EEC to the Tag Interface Unit location (in sign compartment) • ’Belden’ 8761 2 core or approved equal. –Emergency alarm switch location to the EEC • ’Alpha’ 1296C 6 core or approved equal. –Handset location to the EEC • 1 2 core or approved equal. ’Belden’ 876 –P.A. speakers to the EEC • ’Alpha’ 2461C or approved equal. –DDU location to the EEC • will supply and install the connectors. RPT. or description of the wire with the “W” numbers foot coil for wiring at the EEC end. Label each end -fiveelectronic equipment cabinet (EEC), and a foot coil at locations outside the -Provide and install the following wiring, leaving an extra three prior to manufacture. RPT in a location to approved by iver’s seat, Engineering, part #21649 or approved equal, located on the side console next to the dremergency radio alarm at dispatch and permits covert microphone. Alarm button shall be Otto an emergency covert alarm, including associated programming, to activate an Provide and install convenient to the driver. It is preferred that the bracket be mounted on a horizontal plane. Each bus shall have provision for mounting a radio handset on the right side of the dashboard plate. accomplished with rivnuts, machine screws and utilize a metal backingohms of impedance. It shall be painted the same color as the surrounding area. Mounting shall be be the same component used for the speakers in the passenger compartment. It shall have 4 Each bus shall have a recessed speaker in the ceiling panel above the driver. This speaker shall at the design review. RPT reviewed by The locations and mounting arrangements for components referenced in this section shall be s otherwise indicated. supply and install all components noted in this section unleshandset, driver display unit (DDU) plus its active cradle and radio transceiver. The Contractor shall Where noted, the Contractor shall be responsible to design mounting provisions for the radio Red DOOR ALARM EdgeRear Door Sensitive Yellow TRACTION CONTROL None ATC Failure Red LOCK-ANTI None ABS Failure Red DEACTIVATEDWARNING, INTERLOCK interlock offdoor Rear Red FIRE Alarm 88 246 will provide minimum of 20 (twenty) shifting patterns, the braking system and turns. Offeror information on transmission The operator orientation will conclude with behind the wheel drivingcompartment by compartment explanation of the bus and how the climate control system works. clude a switches, warning indicators, seat adjustment and door control. Orientation will also insite or remote orientation to the bus including the location of all -training will consist of onaining for both the bus operators and for the mechanics. The operator The Offeror will provide tr training, in person or remote, that best meets the needs of the agency.training sessions are needed. Contractor shall cooperate with RPT to schedule the type of person or remote -RPT shall, at their discretion, determine if inFor all training requirements, maintenance training. operators may participate in each phase of the drivers and 2approximately 1RPT estimates that person and remote training.-may be provided. Contractor shall provide separate pricing for intraining All training for buses will take place at the RPT Operations Center. At RPT’s option, remote . RPTable path shall be approved by Control Unit roof mount and cGPS e bus (exterior) upper right front corner of the bus. Emitter shall be located in the top of th manufacturer’s instructions. and GPS Control Unit, Low Priority,) in accordance with these specifications and equipmentVehicle Computer Unit, Antenna and related Transit Signal Priority Emtrac Provide and install Electronic Equipment Cabinet. Order form. Mount the DVR on the top shelf of the RPT Mount the cameras as shown in the Installation of Door Open/Close Discrete Signals.used as a ‘RUN’ signal only. to the DVR to be and police. Provide a 12VDC battery circuit to the DVR main power and a switched 12 VDC circuit communication devices for the purposes of system maintenance and access by first responders the capability to connect via Ethernet to wireless The system will have . maneuverscamera system must be able to display a view of the trailing unit during turning and reversing The interconnecting cables, wiring harnesses, mounting brackets, and miscellaneous hardware.rating software, and all necessary free ope-eight (8) IP cameras with audio, licenseminimum of a . The system will include a digital video recorder (DVR) with internal heater option, Safety Visionboard IP video surveillance system from -Provide and install a complete operating and tested on policy. are farebox to be installed at the time of assembly to accommodate future changes in fare FFastwill be installed in the buses. However, RPT would like prewire for a Genfare No fareboxes t locations. will work with the Contractor to determine equipmenRPT ‘Belden’ 8761 2 core or approved equal. –Exterior speaker to the EEC • 89 247 safety and operating procedures. Said decals will include, but not be limited to the following: The Offeror will supply and affix to the interior and exterior of the bus those decals regarding that such additional training is required. Any “supplemental” training required by RPT will be negotiated at the time in which RPT indicates All training to take place within one year of acceptance of the last vehicle. Operator manuals are also required (5 hard copy and one digital copy). required. . A CD for these items is also assembly-of the system. Parts book must be broken down by subwiring schematics, manuals, parts lists, and other information as may be needed for maintenance In addition to other documents called for in the specification, the Contractor shall furnish RPT successful Proposer.Operator training will be done by RPT Staff who will be trained by the will be able to keep. will provide handouts for the mechanics which they ContractorIn addition to the above training, request of RPT. The cost of additional training will be negotiated with RPT. will be able to provide continual updating of the instruction upon Contractorrepeated. The tudents, RPT reserves the right to request that the instruction be communicate with the slanguage. If the instructor lacks skill or knowledge to provide the required instruction, or cannot All instructors must be able to speak English and have a complete understanding of the English enience within one year of delivery.’s conv RPTtraining will be scheduled at representative shall visit each property annually for a period of five years for the same purpose. All agrees this is not needed. Thereafter a trainer or service RPTarrival of the last bus unless and 180 days after questions as well as technical questions from the maintenance personnel 90 training and to ensure that RPT is properly maintaining the vehicles and to answer warranty site. The trainer will revisit RPT for supplemental -and Thermo King training may be off ropulsionPhours. ropulsionhours; Thermo King 8 hours; and P The training required is: electrical eduled service visits during the warranty period. regularly schset or -workdays as necessary to get all buses accepted for service. This also applies to premutually agreed by the agency. The technician will continue to be available on site for as many site soon after the buses start arriving, or as -e onwith RPT to schedule a service technician to belectrical system, the brake system, the air system, and part procedures. Contractor shall work climate control system, the transmission and propulsion system, the door control system, the not limited to the with the mechanics and explain each subsystem on the bus including, butsite or remote instructor who will work -At RPT’s option, mechanical training will consist of an on hours of operator training at RPT or remotely. 90 248 iew and approval. vehicle number. The location and size of the decal will also be subject to RPT's revwill also affix to the interior of the bus above the driver and rear bulkhead the assigned ProposerThe door. heater fuellingauxiliary will also be affixed inside the review and approval of the RPT. Additionally, the bus numberside of the bus in locations approved by RPT. The size and number of vehicle decals will be subject to will affix to the exterior of the bus, the assigned vehicle number on the front, rear, and ProposerThe riveted to window frame of each egress –Metal Plate # Instructions Emergency Exit l. above inside of doors – 2 nsInstructio Emergency Exit k. Inside fuel filler door 1 Diesel fuel only j. Interior above the driver, Rear bulkhead 2 Video surveillance i. rear centered above front centered above windshield Interior: (4") front) (12" lettering)top of bus (center rear center right side above front door side rear-left & right left side front above operator Left & Right sides below windshield Exterior: (4") 9 Bus Number h. Over forward seats 2 seats for E/H Please reserve g. Rear Bulkhead playing on bus Above the driver 2 No eating or radio f. Yellow Line Above the driver 1 No standing forwd e. Instructions Above the rear exit door 1 Rear Door Oprtg d. Front safety compartment. 1 Fire Extinguisher c. most rider of interior steps-Front and rear stepwell, top 3 Watch Your Step b. Interior above the driver, Rear bulkhead 2 No Smoking a. DECAL NUMBER LOCATION 91 249 Matrix Bus Warranty Electric Transit Buses and Associated Equipment FOR REQUEST for PROPOSALS Rochester Public Transit 250 entirety. itsCompliant: The vendor does not comply with the requirement in -NC = Non • required to meet the specification. customization if along with the estimated cost of information in the comment sectionalternative functionality that would meet the needs of the agency. Please provide A = Alternative: Vendor does not fully comply with the requirements but has an • .icationcustomization if required to meet the specif, along with the estimated cost of provide information in the Comment sectionPC = Partially Comply: Vendor complies with some of the requirements. Please • dor complies with the requirements with no modification.C = Comply: Ven • requirements. Please provide information in the Comment section.E = Exceeds: Vendor complies with the requirements and exceeds the • Applicable answers are: the following section. roposal using the following Compliance Matrix described in PPlease respond with your Warranty, 3 Vendor Compliance Matrix 251 are warranted to be free from defects for of the suspension and battery compartment body, body structure, structural elements The c year th Transit service area, including the 1250,000 miles per year in the Rochester Public bus will be capable of operating at least The b miles service shall be at least 12 years or 500,000minimum useful life of the bus in transit The a ERVICE LIFES 2.3 copyright or trade secret of any third partiesnot infringe on any patent, trademark, and services associated with this Proposal do Proposer warrants that all work, goods The g resolving warranty claims in a timely mannerThe Proposer has satisfactory performance of f availability for warranty repairsThe Proposer has evidence of parts e provisionsmeeting specifications and warranty deliveries on time, performance of making The Proposer has evidence of satisfactory d site work and services-organization to perform all warranty and onhe Proposer has sufficient skilled service T c that may arise during the warranty periodservice problems satisfy any engineering or The Proposer has sufficient personnel to b of revenue servicewhichever comes first, beginning on the date from defects for one year or 50,000 miles, chassis structure are warranted to be free subsystems and body and components, major e complete bus, propulsion system, Th a WARRANTY GENERAL .13 Comments Response Item 252 warranty will be administered by the Supplier.is superior to that required herein. A Superior warranty offered by a component supplier that The Contractor will pass on to RPT any and subcomponentsadminister warranty claims on components Through warranty: The Contractor will -Pass the delay periodperiod by the same number of days equal to days will result in an extended warranty to provide the proper repair for 30 calendar completed due to lack of material or inability materials or workmanship but are not made necessary by defective design, Delays in repairs or modifications on any bus g warranty for the propulsion system system manufacturer from the extended items excluded by the propulsion listPlease f warranty.cost of the extended warranty, and the components that are eligible for the extended a list of the . Please provide requested300,000 miles, whichever comes first is to a maximum of 5 years or An extended warranty for propulsion system f or 100,000 miles, whichever comes first.from Defects and Related Defects for 2 years drive axles are warranted to be free -and nontransmission (if required), drive motors, drive system components, including The e whichever comes firstfor a period of 12 years or 50,000 miles, sufficient to cause a Class I or Class 2 Failure corrosion failure and/or Fatigue failure the suspension, are warranted against including structural elements of bus structure, carrying members of the -primary loadThe d twelve years or 500,000 miles, whichever Comments Response Item 253 A/C Unit and compressor front defrostermain units only, excluding floor heaters and Heating and Ventilation: Roof and/or rear c operator controlfront, side and rear signs, power modules and Destination Signs: All sign equipment for the b excluding friction surfacesmechanisms, as supplied with the axles, components, including advancing Brake System: Foundation brake a (WHICHEVER COMES FIRST)TWO YEARS OR 100,000 MILES SUBSYSTEMS WARRANTY: 5.3 battery warrantythe Provide an explanation of all disclaimers in g conditions and cost, terms, Note any extended warranty c the time the bus is put into service by RPT.with a warranty of no less than six years from high voltage batteries will be delivered The b batteriesProvide the charge cycle and cycle life of the a WARRANTYATTERY BHIGH VOLTAGE 4.3 month after bus deliverytechnical support representative for one site -The Proposer will provide full time, on b warranty periodthe specifications that may arise during engineering or design problems within the representatives to assist RPT with solving one or more competent technical service The Proposer will provide, at its own expense, a TECHNICAL SERVICE REPRESENTATIVES .33 Comments Response Item 254 sraction motorT b Batteries a YEARS DEFECTS FOR 6FREE FROM DEFECTS AND RELATED SUBSYSTEMS WARRANTY .63 w v u Other t Other s system Multiplex r Corrosion protection q Paint and Decals p Communications equipment o recordersSystem, including cameras and Surveillance n Passenger seating, excluding upholstery m tanks and related frameworkCooling systems, including radiator core, l Power steering hydraulic or electric systems k dispensing systemincluding tank and extinguishing agent Fire Suppression: Fire suppression system j Wheelchair securement system i mechanical onlyWheelchair ramp system: ramp parts and h Alternator g Air Dryer f Air Compressor e linkagesDoor Systems: Door operating actuators and d Comments Response Item 255 p o n m l k j i h g f e Wheelchair securement system d Auxiliary heater c A/C compressor b of the warranty and the cost.eligible for an extended warranty, the length (besides the high voltage battery) that are of subcomponents Please provide a list a EXTENDED WARRANTY AVAILABILITY 7.2 Other h Other g The Thermal Management System f battery management systemThe e Battery Charging components d Inverters c Comments Response Item 256 Safety Compliance Matrix Electric Transit Buses and Associated Equipment FOR REQUEST for PROPOSALS Rochester Public Transit 257 entirety. itsCompliant: The vendor does not comply with the requirement in -NC = Non • required to meet the specification. customization if along with the estimated cost of information in the comment sectionalternative functionality that would meet the needs of the agency. Please provide A = Alternative: Vendor does not fully comply with the requirements but has an • .icationcustomization if required to meet the specif, along with the estimated cost of provide information in the Comment sectionPC = Partially Comply: Vendor complies with some of the requirements. Please • dor complies with the requirements with no modification.C = Comply: Ven • requirements. Please provide information in the Comment section.E = Exceeds: Vendor complies with the requirements and exceeds the • Applicable answers are: the following section. roposal using the following Compliance Matrix described in PPlease respond with your 2, Safety Vendor Compliance Matrix 258 current in the event of an accidenthazardous electrical potential exposure to The entire bus is designed to minimize f list to one sidereduce rollover potential or cause the bus to The batteries are properly load distributed to e and servicing the roof mounted equipmentmarked walkway for accessing and a clearly slip surface -The roof is equipped with a non d dimensioninch reduction in any interior -a 6than evenly distributed on the roof with no more static load of 150 percent of the curb weight The body and roof of the bus can withstand a c of the busicy weather that may accumulate on the roof deflection and/or deformation during snowy or under static conditions will not exhibit The structure of the bus loaded to GVWR b escape mechanisms or service doors, doors, windows, and passenger steeringdeflection and/or deformation that impairs the under static conditions will not exhibit The structure of the bus loaded to GVWR a alStructur 2.2 temperatureswithstanding maximum system pressures and Hydraulic pumps and lines are capable of e Suspension (air bags, etc.) d Axle, including control arms c Tires and rims b tolerancesdoes not exceed the gross vehicle weight to ensure that the design bus provisionsList a foot Articulated Battery Electric Bus-Characteristics of 60Safety GENERAL .12 Comments Response Item 259 labeled danThe disconnect switches are clearly marked f an emergencypermit a quick shutdown in outside the bus to disconnect switches, 1 inside the bus and 1 The bus is equipped with redundant electrical e automatic disconnect switchEach battery has an individual manual and d load circuitThe master battery switch interrupts the total c the battery postsThe disconnect switch is directly connected to b rest of the vehicle systemsswitch that will isolate the batteries from the The bus is equipped with a single disconnect a ROUNDINGG, DATTERY SYSTEM, B 4.2 secondary at RPT’s discretion)heat and the battery supplied heat is the auxiliary heater is the primary source of staff for adjustment as needed (for example, Controls are available to RPT maintenance e (diesel) Auxiliary heat Btu d (electric) Base Heat Btu c Cold weather testing, including immersion b operating conditionsoperating in the RPT climate and transit system evidence that the design bus is capable of Provide test results or other supporting a DESIGN TESTING, VALIDATION .32 enter the interior passenger and driver areasfumes from the energy storage system to The bus is designed to prevent gassing or g Comments Response Item 260 chassis systemsystem are isolated from the bus storage The high voltage system and the energy f classes are properly identified and insulatedWire harnesses containing different voltage e black for ground, and blue or yellow for any Cables are color coded for positive 12 v, d separated as far apart as practicalvoltage and low voltage wiring are High c controllers and interlocksfrom the low voltage junction box, controls, The high voltage junction box is fully isolated b voltage control systems-operation of the lowconstructed so it does not interfere with the system and cabling is voltage-The high A SAFETY FEATURESVOLTAGE AND LOW VOLTAGE IGH H 5.2 pointsconnecting to wrong connection prevent Battery cables are arranged in a harness to L do not exceed operating range tolerancessystems are available to ensure that batteries Please describe what provisions/cooling k in one location only or chassis The battery is grounded to the vehicle frame j s as possibleas close to the batterieThe battery is grounded to the vehicle frame i side of the bus curb on thelocated Access to the battery compartment is h while the vehicle is operating the master disconnect switch is switched off components are isolated from the ESS when traction motor and other propulsion system Describe how the high voltage supply to the g Comments Response Item 261 protection at all circuits and circuit branchesovercurrent breakers, fuses or multiplex The bus is equipped with manual reset circuit s rigid cooling lines unreliablewhen vibrational frequencies prohibit or make line piping for traction motor cooling, except rigid cooling -bus is equipped with nonThe r of wear and degradationfatigue, chafing, environmental or other forms Cables are arranged to eliminate vibrator q personnel for isolation faults system to alert the operator and maintenance The bus is equipped with a detection and alert p interior of the buson the runs no exposed wiring areThere o wateran area where they will not be immersed in are located in and cables Wiring connectors n conditionsdeicing solvents and other environmental degradation due to exposure to soap, road Exposed propulsion cables are protected from m accordance with NFPA recommendationsHigh voltage wires are located on the bus in l are easily identifiableindelibly labeled and High voltage wires are conspicuously and k voltage connectionscoordinated to easily identify high and low Wiring connector jackets are color j safety interlocked dedicated junction boxonnections are formed within a voltage cHigh i provide a visual warning of high voltageHigh voltage cables are orange in color to h cablesblack for ground, and blue or yellow for 12V Cables are color coded (red for positive 12V, g Comments Response Item 262 operator and maintenance staff with an The bus has the capability to notify the b detected hazardand provide a visual alert in the event of a automatically shut down the charging system equipped with a system that will a THERMAL MANAGEMENT SYSTEM 7.2 the vehicle systemscharge and provide the status to the rest of The BMS can monitor the battery state of h an unsafe battery condition is detectedThe BMS can employ safety interlocks when g locationfault has occurred and identify its exact The BMS can send an alert when a battery f of a fault in the eventsuppression system fire engage a such as automatic isolation of connections or The BMS is able to enact mitigation measures e temperatures at all timesThe BMS monitors and reports battery d safe operation of the busreliable and frequency sufficient to ensure The BMS can monitor the voltage at a c of cells within each battery packThe BMS can monitor and report the voltage b busesof its receive alerts for preset conditionsmonitoring and reporting dashboard and can access to the BMS a full license to RPT has a BATTERY MANAGEMENT SYSTEM (BMS) .62 circuitsmounted with a visible indicator of open Critical manual reset circuit breakers are t Comments Response Item 263 the operator through warning lights and temperature in critical areas, alert -to the propulsion system components that can The bus is equipped with sensors in proximity c results of fire and some emission safety testsUpon request from RPT, Proposer will provide The bus meets all applicable fire regulations. b requirementspassenger compartment meet FMVSS 302 construction of the Materials used in the a FIRE PROTECTION SYSTEMS 9.2 unlocked or openrear doors are if the two miles per hourat speeds greater than The bus cannot move d opendepressed when the passenger doors are prevents the accelerator from being The bus is equipped with an interlock that c snow, etc.traction conditions such as wet roads, ice, regenerative braking to prevent skids in low automatic control system to disable The propulsion system must have an b the parking brake is appliedengaged and neutral when the propulsion system is neutral setting to ensure that the bus shifts to -ulsion system must have an autoThe prop a PROPULSION SYSTEM 8.2 automatically turn off if fire is detected The thermal management system fans d personnel can silence an alertonly qualified to ensure thatto reset the alert requires the action of maintenance personnel The thermal management alert system c detected hazard vent of a audible and visual alert in the e Comments Response Item 264 systemcharging system and an overhead charging in -can be charged with a plugThe bus c aft, curbside, street side, etc.The bus has redundant charging ports, fore, b requiring a change in software or hardwarecurrent RPT depot chargers without with the The bus charging system(s) are compatible a CHARGING 11.2 from EMI/RFI interferencedevices such as pacemakers are protected Passengers with implanted healthcare c EMI/RFIon the bus are protected from the effects of External electrical and electronic b onboard components systems or equipmentdo not emit EMI or RFI that interferes with Electric and electronic subsystems on the bus a (RFI)(EMI)/RADIO FREQUENCY INTERFERENCE ELECTROMAGNETIC INTERFERENCE .102 system in the battery pack or drivetrain areasThe bus is equipped with a fire suppression g systemsystem integrated with the propulsion battery The bus is equipped with a fire detection f compartmentspropulsion system the battery and bulkhead that separates the passengers from resistant -The bus is equipped with a fire e and fittings to prevent fire propagationThe bus is equipped with a fireproof bulkhead d Please describe mitigation measures. mitigation to prevent thermal run away.alarms on the dashboard, and provide Comments Response Item 265 prevent the vehicle’s movement with the that engages the service brake system to The bus is equipped with a brake interlock g all wheels equallyThe total braking effort is distributed among f braking does not exceed 70 pounds of force The force required to achieve maximum e neutral positionrequired to select forward or reverse from the A brake pedal application of 6 to 10 psi is d operation of the regenerative brakeoverrides the and/or automatic traction control lock braking system -The activation of the anti c charge recovery due to regenerative braking brake system, and can report battery state of The bus is equipped with a regenerative b FMVSS 121and complies with the requirements of foot articulated transit bus-available for a 60The brake system is the heaviest duty a BRAKE SYSTEMS 13.2 alternate system When the alarm interface will trigger CCTV or b operatoralarm hidden from view but accessible to the The bus is equipped with a silent emergency a COVERT ALARM .122 when the bus is charging correctlyon the dash An indicator light illuminates f actively chargingthe bus from moving when the charger is The bus has an interlock system that prevents e thermal limits the battery manufacturer’s electrical and The bus charging systems are compliant with d Comments Response Item 266 barrier minimize glare from windows and the driver The driver’s compartment is designed to b prevent vandalismbus that resist or Please describe the materials used on the a MISCELLANEOUS .152 (OCCP) version 1.6 or higherrequirements of Open Charge Point Protocol The bus monitoring software meets the e from unauthorized changessoftware security protection to prevent the The multiplex system is equipped with d vulnerability and patch management system versions available and are equipped with a other IT based systems are the latest Monitoring software, telematics systems, and c issuesSAN/CWE Top 25 and OWASP Top 10 The bus will undergo vulnerability testing for b injections, DDoS, etc.)attacks (Malicious code -malware and cyberbased systems from -and prevent softwareThe bus is equipped with a system to detect a CYBERSECURITY .142 forwards prevent the bus from rolling backwards or when the emergency brake is released to The brake system automatically engages j off and the parking brake is not appliedAn alarm sounds when the ignition is turned i overheating during brakingickly to prevent absorb and dissipate heat quThe brake system materials are able to h door position operator’s door control in the enable or open Comments Response Item 267 safety of the busprovisions that will assist RPT in evaluating the Briefly describe other safety features or a OTHER .182 hazards of the busthe bus purchase that clearly describes Comprehensive manuals are included with d First Responder training on electrocution risksThe Contractor will provide assistance with c the trainer”) upon request(“train Driving instructor training is available b cost structure for this trainingupon request from RPT. Please provide the Maintenance Manger training is available a TRAINING .172 request of RPTtraining on proper towing procedures upon procedure with the vehicle, and will provide Proposer will supply a written towing c toehold for unauthorized ridersThe rear towing device does not provide a b the longitudinal axis of the buscurb weight of the bus within 20 degrees of withstand a tension load of up to 1.2 times the supplied towing device can -The manufacturer a TOWING .162 the reach of riders beyondof the barrier engaged and disengaged lock on the interior The driver barrier is equipped with an easily d the bus cameras The driver’s visor does not impair the view of c Comments Response Item 268 Vendor Compliance Matrix Electric Transit Buses Attachment B Request for Proposal 0 269 entirety. itsCompliant: The vendor does not comply with the requirement in -NC = Non • tion. customization if required to meet the specificaalong with the estimated cost of information in the comment sectionalternative functionality that would meet the needs of the agency. Please provide or does not fully comply with the requirements but has an A = Alternative: Vend • .customization if required to meet the specification, along with the estimated cost of provide information in the Comment sectionPC = Partially Comply: Vendor complies with some of the requirements. Please • ents with no modification.C = Comply: Vendor complies with the requirem • requirements. Please provide information in the Comment section.E = Exceeds: Vendor complies with the requirements and exceeds the • Applicable answers are:f answers that RPT can follow up on are appropriate. Brie comment on whether your Proposed vehicle meets RPT’s specification is appreciated. standard, a -the length and capacity may not require a comment. For items that are nonFor general bus information, no compliance comments are necessary. For example, the following section. Please respond with your proposal using the following Compliance Matrix described in Vendor Compliance Matrix 1 270 Total maximum seating a :Passenger Capacity 1.3 construction (Stainless steel Frame 21. Maximum Gradeability v Top Speed u Wheelbase, rear t Wheelbase Front s Overall height r Width over rear axles q Width over center axles p Width over front axles o Overall width, excluding mirrors n Overall Length, over bumpers m Overall Length, over body l GAWR k GVWR j Fully loaded, standee and fully seated i Rear Axle Right H Rear Axle Left g Center Axle Right f Center Axle Left e Front Axle Right d Front Axle Left c , empty bus:Weight b Bus Model a Bus Describe the .11 foot Articulated Battery Electric Bus-Characteristics of 60 GENERAL 1 Comments Response Item 2 271 Springs: First e d Type: Second c Type: First b Manufacturer a SUSPENSION SYSTEM 61. Axle Load n Gross Axle Weight Rating m Type l Manufacturer k AXLE, THIRD j Axle Load I )lb.Gross Axle Weight Rating ( h Type g Manufacturer f AXLE, SECOND e Axle Load d )lb.Gross Axle Weight Rating ( c Type b Manufacturer a IRSTF, XLEA 51. charging route opportunity -, onDual charging ports a Charging 1.4 Minimum foot room d Minimum hip to knee room (inches) c Standee capacity b Comments Response Item 3 272 Slack Adjuster Type d Second: Manufacturer c Slack Adjuster type b First: Manufacturer a Brakes (Disc) 11.1 Ratio c Type b Manufacturer a Booster/Gear Box 01.1 Size Tires, (Michelin) 91. Material (prefer steel) d Capacity c Size b a Wheels And Tires 81. Type b Manufacturer a ointJ 71. Kneeling, Rear j Kneeling, front i speedConstant floor height regardless of h Springs: third g Springs: Second f Comments Response Item 4 273 Light Transmission Color of Tint Size(s) Type Manufacturer Passenger Windows 51.1 Vapor Door, with sensitive edge at rear doors b frontdoors, full glass at wide-inch-60Vapor Door, a Doors 41.1 Other reservoir type (cu.in.) Accessory reservoir (cu.in.) Parking reservoir (cu.in.) Secondary reservoir (cu.in.) Primary reservoir (cu.in.) Supply reservoir (cu.in.) Air Reservoir Capacity 31.1 Shut down temperature setting d Overhead alarm temperature setting c peed control (as applicable0Radiator Fan s b Radiator Manufacturer a ystemS oolingCRadiator 21.1 Type h Brake Lining Manufacturer g Slack Adjuster Type f Third: Manufacturer e Comments Response Item 5 274 Other Window treatments Exterior lighting Wheel covers or unique rims Describe unique exterior design elements 2.7 Adjustable Heated Mirrors (high mount) 2.6 Supplemental exterior lights at doors 2.5 Auxiliary defrosters at ramp 2.4 Split windshield 2.6 Package descriptionCold Weather 2.3 Corrosion Protection Package description 2.2 Automatic Traction Control (standard) 2.1 Bus Equipment 2.0 Other passenger comfort options e Fabric d wheelchair securements)facing seats (prefer aft of Number of side c seats facing-forwardNumber of b Manufacturer a Passenger seats 91.1 Wheelchair securement (Quantum) 81.1 Wheelchair ramp manufacturer 71.1 Gears Manufacturer Transmission (if required) 1.16 Comments Response Item 6 275 ADA Compliant b Individual seats or multiple overhead screens? a (option) Infotainment System .143 FI-WI 3.13 (option) Charge ports at each seat 2.13 Avoiding glare on the windshield Describe unique interior lighting options Lighting 3.11 Bike counter (option) 3.10 dividers, etc.)elements to highlight bike rack area (flooring, design Describe brand, capacity, location, Interior Bike Rack 3.9 wire for validators at all doors-Pre 3.8 Describe location, capacity equipmental ccompartments for briefcases, other medi Storage 3.7 quality look and feel-finishes for a highDescribe unique design and Wall finishes 3.6 quality look and feel-Describe unique design and finishes for a high Modesty Panels 3.5 futuristic floorDescribe unique design and finishes for Flooring, No ribbed floors 3.4 heated steering wheel Steering wheel 3.3 Option for heated seat Ricaro Driver Seat, black 3.2 Driver Barrier with extended glass 3.1 Interior Characteristics 3 Comments Response Item 7 276 ystem Compressor SAir 4.3 Ventilation Capacity CFM c Cooling capacity BTU b Brand a Air Conditioning 4.2 Fuel Tank Capacity f Pull up time e Programming controls d Btu c Fuel type b Brand a Auxiliary Heat System 4.1 Heat System capacity base system Btu/hr a Heat (brand) degrees Fdegrees F and 78 Passenger compartment 65 degrees Fdegrees F to 95 -Ambient temperature, 10 “Coatless Experience” Climate Control a Climate Control 4 experienceUnique Design Elements for passenger Ceiling 6.13 cleaning-selfPlasma Air Ionizer, 5.13 Metrics, reporting capabilities e Public Service information, locations d Real time arrival information (required) c Comments Response Item 8 277 Camera System Safety Vision 9 Radio, Motorola Driver’s 8 Transit System Priority, TCC 7 Fire Suppression System Manufacturer 6 Fire Detection System Manufacturer 5 Capacity Btu/hr Manufacturer Driver’s Heater 4.7 Controls manufacturer manufacturer, quantity Rear b , manufacturer, quantityFront a Floor Heater Blowers 4.6 Quantity b Manufacturer a Evaporator(s) 4.5 Fan Driver motors manufacturer c Size b Manufacturer a Condenser 4.4 Maximum warranted speed d Rated Capacity, CFM c Type b Manufacturer a Comments Response Item 9 278 Traction Motor/Drive Motor 13 FahrenheitEstimated Battery Range at 60 degrees i FahrenheitEstimated Battery range at 32 degrees h Cooling/heating system g Operating Temperature Range f Charging capacity e Standard Charge Time d Capacity (kWh)Total Battery c Type b Manufacturer a Batteries, High Voltage .221 Capacity (Quantity) b Manufacturer, Type a Low Voltage Battery 12.1 BATTERIES 21 Automatic Passenger Counter, EmTrac b DoubleMap a ITS System 11 Location to be determined by RPT c Programmable b Color a Destination Signs, Hanover 01 determined by RPTto be 10, locationTotal Cameras, minimum a Comments Response Item 279 Training Program Plan • a following:Training deliverables shall consist of the 8.11 System Training 18 Remote accessibility d Reporting capabilities c b Provider a Telematics System 17 Exportable Power Supply (Optional) 16 Controls b Manufacturer a Thermal Management System 15 Battery Pack Voltage c Number of Cells b Type a Energy Storage System 14 kWh rating h Gear Ratio, Reverse g Gear Ratio, Forward f Traction Motor horsepower rating e Speeds d Type c Quantity b Manufacturer a Comments Response Item 280 troubleshoot basic areas of repair and technical support staff shall be trained to RPT c General Manager. RPTthe advance written permission of the service support will be accepted without party-thirdContractor for the life of the system. No Service support shall be supplied by the b as applicable, Monday through Friday.a.m. through 5:00 p.m. CST or CDT hours 8:00telephone and email during standard business support staff available to assist RPT by The Contractor shall have qualified technical a Service Support 12 outs.-various component swaplevel field repairs or -staff may conduct low RPTReplacement parts are modular so that b requirements.parts planning and budgeting -sparelevel service life expectancies for -componentAdditionally, the Contractor shall disclose proposed spare parts and costs.Proposer shall provide an itemized list of a Spare Parts 02 instructions for usage.screenshots and step by step CMRS manuals must include • c quick guide for use in the busOperator/Driver manual must include a • b cover all aspects of the furnished equipment.accordance with this section. Manuals shall Operation and Maintenance Manuals in furnish RPT with The Contractor shall a Training Material 19 Training Schedule • b Comments Response Item 281 previously noted)other amenities not (Please add Other 22 concerns.resolve all areas of repair and technical staff adequately trained to diagnose and concerns. The Contractor shall have a support Comments Response Item M 282 snoitarepO?tisnarT?&?skroW?cilbuP?gnitsixe?eht?ot?COFP?eht?gnivoM?.metsys?skrap?lanoiger?eht?gnivressnoitarepO?yrtseroF?&?skraP?rof?ecaps?dezilartnec?,elbissecca?,detadpu?edivorp?dluow?tcejorp? sihT?.syab?egarag?eht?otni?erafhguoroht?niam?eht?sa?snoitcnufosla?yltneuqesnoc?hcihw?,moor?rekcol?gnitsixe?eno?ylno?si?ereht?,yllanoitiddA?.sesicrexe?noitneverp-yrujni?rof?snoitpo?laitaps?stimil?hcih w?,gnikrap?rotisiv?dna?dleif?llabesab?eht?htob?rof?tniop?sseccaeht?sa?derahs?osla?si?tub?,selcihev?ecnanetniam?yrtseroF?&?skraP?ot?ssecca?eht?sa?llew?sa?gnidliubeht?ot?ssecca?eht?sa?ylno?ton?snoitcnu f?tixe/ecnartne?sihT?.tixe/ecnartne?eno?ylno?sah?ytilicaf?tnerruceht?,rehtruF?.ytilicaf?taht?fo?tuo?etarepo?taht?seeyolpme?lanosaes?dna?emit-lluf?htob?rof?ecaps?etauqedaevah?ton?seod?noitacol?ytilica f?COFP?tnerruc?ehT?.noiger?gnidnuorrus?eht?dna?ytiC?eht?rof?ecivrestneiciffe?edivorp?ot?etauqedani?dna?detadtuo?si?)COFP(?retneC?snoitarepO?yrtseroF?&?skraP?tnerruc?ehT??.tnemeganam?slairetam?suodraz ahot?sehcaorppa?lanoiger?dna?,skrap?dna?noitaercer?lanoiger?no?seitic?gnirobhgien?htiw?spihsrentrap,seitinummoc?ybraen?htiw?stnemeerga?dia?lautum?sniatniam?osla?tub?,ytnuoC?detsmlO?yb?denwo?sliartfo? serca?08?secivres?ylno?ton?,COFP?eht?fo?tuo?gnikrow?,maet?tnemtrapeD?noitaerceR?&?skraP?retsehcoReht?yb?dedivorp?secivres?dna?tnempiuqe?ehT?.)kraP?lanoigeR?nevahemaG?dna?,kraP?lanoigeR?lliH?yrrauQ,kr aP?lanoigeR?ekaL?edacsaC(?ytiC?eht?ni?ereh?skrap?lanoiger?detangised-etats?eerht?eht?ot?ecivressedivorp?)COFP(?retneC?snoitarepO?yrtseroF?&?skraP?ehT?.secivres?yrtserof?morf?tifeneb?dna?sliart?dnaskr ap?s’ytiC?eht?ezilitu?hcihw?fo?ynam—raey?hcae?srotisiv?noillim?2?revo?dna?,reyolpme?tsegral?s’etats?ehtgnitsoh?osla?elihw?,yliad?srotisiv?000,02?revo?htiw?,atosenniM?tsaehtuoS?ni?retnec?lanoiger?a?si ?retsehcoR:evitarraN?tropeR?.sgniward?tnempoleved?ngised?fo?noitaraperp?retfa?)PMG(?ecirP?mumixaMdeetnarauG?a?htiw?9603?.oN?PIC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?eht?reviled?dna?tuo-esolcnoitcurt snoc?ot?ngised?morf?tcejorp?eht?eesrevo?ot?secivres?lanoisseforp?)RAMC(?ksiR?ta?reganaMnoitcurtsnoC?rof?)QFR(?snoitacifilauQ?rof?tseuqeR?a?ot?sesnopser?fo?noitaticilos?eht?gnizirohtuA?.2.9603?.oN?)PI C(tcejorP?tnemevorpmI?latipaC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?eht?rof?stnemucod?dib?eraperpot?secivres?ngised?rof?)PFR(?lasoporP?rof?tseuqeR?a?ot?sesnopser?fo?noitaticilos?eht?gnizirohtuA?.1:de tseuqeR?noitcA???41.FsupmaC?)COTWP(?retneC?snoitarepO?tisnarT&?skroW?cilbuP?eht?ot?snoitarepO?yrtseroF?&?skraPfo?noitacoleR?rof?secivreS?tnemeganaM?noitcurtsnoC NOITCA?ROF?TSEUQER yesmaR?tocS:RETNESE RPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE C 283?emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ytilicaf?eht?ni?snoitarepO?ciffarT?dna?COFPeht?etacol-oc?ot?ytilicaf?COTWP?gnitsixe?eht?ot?noisnapxe?na?fo?gnihsinruf?dna ?,gnippiuqe?,)noitavonerdna?;noitcurtsnoc?;noitilomed?gnidulcni(?noitaraperp?etis?,ngised?,ngisederp?eht?rof?ytreporp?eriuqcaot?retsehcoR?fo?ytiC?eht?ot?tnarg?000,000,41$?a?devorppa?llib?gnidnob?etat S?atosenniM?3202?ehT**???.snoisses?yduts?tegdub?suoiverp?ta?detneserp?snoitpo?eht?htiw?tnetsisnocdezilanif?eb?lliw?tegdub?tcejorp?A??.tcejorp?siht?rof?detaulave?eb?lliw?stiderc?xat?)ARI(?tcA?noitcude RnoitalfnI?.**stnarg?etatS?ni?000,000,41$?dna?sdnob?ytiC?ni?000,000,12$?fo?noitazilitu?semussa?gninnalpylrae?tub?dezilanif?neeb?ton?sah?gnidnuf?tcejorp?ehT?.000,000,53$?si?tsoc?detamitse?s'tcejorp?eh T:tcapmI?ecruoseR?&?lacsiF?.devorppA?564380433147?.oN?DI?lecraP?,B?toltuO?,noisividbus?sirroMta?detacol?ytreporp?fo?ecirp?esahcruP?-?noisseS?evitucexE?desolC?-?gniteeM?licnuoC?-?3202?,01?yluJ:tnemega gnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slaog?noitapicitrapecrofkrow?dna?noitazilitu?ssenisub?detegrat?s'ytiC?eht?wollof?lliw?tcejorP?noitacoleR?yrtseroF?&?skraP?ehT:tcapmI?IED?&?snoitaredisnoC?yci loP secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.ytilicaf?eht?ni?snoitarepO?ciffarT?dna?COFP?eht?etacol-oc?ot?ytilicaf?COTWPgnitsixe?eht?ot?noisnapxe?n a?fo?gnihsinruf?dna?,gnippiuqe?,)noitavoner?dna?;noitcurtsnoc?;noitilomedgnidulcni(?noitaraperp?etis?,ngised?,ngisederp?eht?rof?ytreporp?eriuqca?ot?retsehcoR?fo?ytiC?eht?ot?tnarg000,000,41$?a?devorpp a?llib?gnidnob?etatS?atosenniM?3202?ehT?.)yrammus?etutatS?RAMC?dehcattaees(?stcejorp?no?ledom?yreviled?)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?eht?ezilitu?ot?seitilapicinum?wollaot?eutats?gnitsixe?na?dei firalc?erutalsigel?atosenniM?3202?ehT?.364.174?etutatS?NM?ni?deniltuo?ssecorpdna?stnemeriuqer?eht?wollof?lliw?ledom?yreviled?)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?eht?rof?QFR?ehT?.6202?ni?eb?ot?detamit se?si?noitelpmoc?tcejorP.4202?fo?retrauq?dnoces?eht?ni?sdib?rof?tuo?og?dluoc?segakcap?redro?ylrae?taht?os?3202?ni?tcartnoc?rednusecivres?lanoisseforp?tnemeganam?noitcurtsnoc?dna?ngised?gnirb?lliw?sno itaticilos?QFR?dna?PFR?ehT?.stnemevorpmiytilauq?retaw?htiw?gnola?dleiF?oyaM?ot?txen?dna?tnorfrevir?eht?ta?etis?tnempoleveder?a?rof?seitinutropposedivorp?ytilicaf?gnitsixe?eht?gnitixE?.noitarepo?na?hc us?rof?ecaps?yrassecen?eht?ot?stnemevorpmi?dna)sutarappa?ecnanetniam?;erutcurtsarfni?gnigrahc?VE/leseid/sag?.e.i(?ecnanetniam?dna?egarots?elcihevrof?ecalp?ni?erutcurtsarfni?ralimis?htiw?ycneiciffe?la noitarepo?edivorp?dluow?ytilicaf?)COTWP(?retne P 284 ledoM?yrevileD?)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?-?364.174?etutatS?etatS?NM?-?tibihxE9603?.oN?)PIC(?tcejorPtnemevorpmI?latipaC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?-?)QFR(?snoitacifilauQ?rof ?tseuqeR?ngiseD9603?.oN?)PIC(tcejorP?tnemevorpmI?latipaC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?-?)PFR(?lasoporP?rof?tseuqeR?ngiseD:stnemhcattA yesmaR?tocS:yB?deraper 285 PARKS & FORESTRY RELOCATIONCITY OF ROCHESTER DESIGN SERVICES REQUEST FOR PROPOSAL (RFP) 1 Design RFP – 286 being considered for purchase. hester and the properties that are currently showing the land currently owned by the City of Roc Exhibit A space planning. Please reference would become part of the Joint Operations Facility ved by the City Council, these two properties the current facility. If these purchases are approd 741334083465 directly to the east of considering the purchase of Parcels 741334083464 ano plan for future growth, the City is currently In order to support the needs of this project and tservice areas. ick accessibility to the City of Rochester Highway 63, and County Road 22 loop which offers quso strategically located between Highway 52, vehicles, a fueling station, and bus wash. It is alr Public Transit, maintenance bays for city provides space for Rochester Public Works, Rochesteessory structures. The building currently approximately 35 acres with additional unheated accsquare foot facility that is located on The existing PWTOC on East River Road is a 355,486 II. PROPERTY INFORMATION ure growth and viability of the services to our community that will support the futre to continue to provide excellent D. Future growth planning and facility infrastructusources. productivity, collaboration, and sharing of City redepartments to achieve increased C. Creation of a centralized location for multiple space needs. cessibility with equipment and expansion and continued challenges with downtown acso offered limited opportunities for development objectives. The current facilities alomote long term City growth and aging Parks & Forestry and Traffic Operations to prwn properties currently occupied by B. Creation of development opportunities for downtopectancy of current facilities. between multiple locations, and the limited life exefficiency limitations being spread A. Parks and Forestry physical space deficiencies, project: oals that need to be addressed through this The vision for the PFR started with the following g, and space utilization. environment for increased efficiency, collaboration, and Public Transit into a campus serve to consolidate Public Works, Parks & Forestry Transit Operations Center (PWTOC) and will located at the current location of the Public Worksestry Relocation (PFR). The project will be design and engineering services for the Parks & Fors of a design partner for the professional The City of Rochester (City) is seeking the service I. INTRODUCTION Parks & Forestry (PCS) 2 Design RFP – 287 listed Construction Managers at Risk. the City’s selection committee for short-4. Participation in post-bid interview process withProgramming Report dated September 1, 2023. – TSP Exhibit B e reference Architects for use in completing the design. Pleasmation completed by TSP 3. Confirm and expound upon space programming infor300 level of development. ing Information Model (BIM) format at a 2. The project documents shall be prepared in Build transfer. PDF format to promote collaboration and informationnts with the project team members in 1. Provide for method of file sharing design documenormal and customary for a project of this nature: r this project, in addition to those that are The following specific services will be required fomanaging all their sub-consultants. will be responsible for coordinating and single prime contract with a Design firm lead that l, and Interiors). The City intends to enter a Structural, Civil, Landscape, Mechanical, Electricas for all design disciplines (Architectural, The Request for Proposal is for full design service IV. SCOPE OF SERVICES with the project budget. make sure the design and scope align Owner’s Representative and Construction Manager to will be expected to collaborate with the estimating during the design process. The designeructability, value engineering, and cost successful design firm to provide input into constrhat the CMr will work very closely with the CMr will be made in January and it is anticipated tsupport for City staff. The selection of the Representative to provide additional expertise and tilizing the services of an Owner’s Risk (CMr) delivery model. The City will also be udelivered through a Construction Manager at The Joint Operations Facility is anticipated to be IV. PROJECT DELIVERY METHOD cost of those systems. d that funding will be available to support the intended to be 100% electrified so it is anticipateeothermal heating and cooling source and is energy. This project is currently planned with a gor qualifying expenses related to renewable funding through the Inflation Reduction Act (IRA) fRochester. The City is intending to seek project will be funded locally through the City of sota bonding dollars and the balance of the received approval for $14,500,000 in State of Minnecosts is $35,000,000. The project has The current overall project budget, including soft III. PROJECT BUDGET Parks & Forestry (PCS) 3 Design RFP – 288 and loads to complete life cycle cost analyses. tives with descriptive information the design phase which may require some brief narra wish to be priced by the CMr during exterior enclosure. Various systems or options maycal / electrical systems and the energy efficiency options during design for mechanianalysis around sustainability and 13. Design teams should provide for discussion and mal, as part of a future project. PWTOC that are not served by geothermal, to geotherrting the portions of the existing for future growth as the City is intending on conved be easily expandable or planned 12. The geothermal system that is recommended shoulth the latest technology. and effective geothermal system for this project wild like to pursue the most efficient thermal system at Foster Arends Park. The City wou PWTOC is served by an existing geo-input from the Owner. The majority of the existingshall be studied by the design team with 11. The type of geothermal system for the facility not being touched by construction. not include conversion of existing spaces that are isting building. The base scope does stand-alone building or remodeled portion of the exr the heating and cooling for any new 10. The design shall include a geothermal system foing the design process. provided by the City for any meetings conducted durdesign decisions and direction 9. Provide design meeting notes that summarize the communication between team members. collaborative process with excellent direction. The City would like this to be a highlyoduct selections, and overall design building systems selection, material selections, preedback on programming, workflow, throughout the course of design to gain input and fended) with the project team 8. Conduct regular meetings (bi-weekly or as recomming the facility. signals, and overall civil related impact to expand access roads, potential traffic additional storm water management, water and sewer, Departments to determine the need for 7. Overall site analysis and coordination with Cityan development. 6. Complete site survey activities necessary for pl ject. leadership for final scope and direction of the prot will be presented to City a budget estimate. The conceptual images and budge be provided to the CMr to complete enclosure, MEP systems, and interior finishes shall structural systems, the exterior basic elevations and a simple narrative to describeJanuary. Conceptual drawings with for a new option, shall be completed by the end of lysis of the two options or reasoning Forestry, and Traffic Operations usage. A full anarage space for Public Works, Parks and include a remodel of the existing Transit fleet stohe existing PWTOC but would leave the existing locker rooms and crew rooms in tnew building. This option would locker rooms, bathrooms, and crew rooms within the nclude a fueling station, wash facility, new building for Transit fleet storage that would iption B contemplates building a rooms to support usage from increased occupants. Oe locker rooms, bathrooms, and crew option includes a larger interior remodel to enlargthe existing PWTOC building. This leaving Transit within its current location within or shared department storage while facility on the existing PWTOC property primarily fontemplates building a new joint RFP to define the scope of the project. Option A c) attached to this Exhibit D) and Option B (Exhibit C The City has provided Option A (5. Parks & Forestry (PCS) 4 Design RFP – 289 members. greed upon by all project team updates to drawing details or specifications once ae bidding process. Provide document feedback session, based upon input from thheir subcontractors, participation in a 25. Upon completion of the CMr bidding process to tive bids. meeting, and overall support for obtaining competitgs, presence at the pre-bid via formal Addenda which may include written drawinncludes responding to bidder questions 24. Design support during the CMr bidding process ihe early purchasing process. clarifications, and design assistance to complete tems. This may include meetings, 23. Design support for the City’s early purchase ituse on this project. ystems and products that are desired for 22. Specifications should be job specific for the sbid forms, sample contracts, schedules, etc. information, specifically work scopes, will be responsible for preparing only the bidding or funding requirements. The CMr Rochester, State Bonding, and / or IRA contracting Division 1 shall include all the City of specifications for each division. The Division 0, g Division 0, Division 1, and all technical 21. Preparation of complete specifications includinloads for utility infra-structure coordination. for project permitting and design 20. Provide necessary design documentation requiredrequire drawings to assist with budget control. de up to 3 design alternates that 19. Final Construction Document package shall incluto distribution for bidding. to the plans (after the owner review period) prior be planned to make any revisions document evaluation. A one-week period should alsoeek period for estimating and and the schedule should plan to accommodate a two-we package to the ownership team bidding. The design team should plan to present ths between all disciplines for use in 18. Provide fully coordinated Construction Documented by market conditions. handling units, or other long lead equipment dictatprecast, bar joists, switchgear, air purchased directly by the Owner, which may include for long-lead equipment that will be 17. An early procurement package shall be provided chedule. available when needed to support the construction s long lead time equipment to be capitalize on sales tax savings while also managingical and electrical equipment to 16. The Owner will be purchasing “scheduled” mechanbuilding concepts. estimating work and client feedback on the current a two-week period for ownership team and the schedule should accommodate present the package to the project budgeting. The design team should plan to , and electrical systems to be used for design narratives for civil, geothermal, mechanicalhich includes fully developed 15. Provide a Design Development document package wfeedback on the current building concepts. stimating work and client schedule should accommodate a two-week period for eto the ownership team and the The design team should plan to present the package ms to be used for project budgeting. civil, geothermal, mechanical, and electrical systeudes design narratives for structural, 14. Provide a schematic document package which incl Parks & Forestry (PCS) 5 Design RFP – 290 ction, building commissioning, geo-technical report, independent testing and inspe & Phase II environmental surveys, 41. Owner shall complete, or has completed, Phase Ied as an option to the design proposal. 40. Furniture design and selection shall be furnish and complete low voltage. alarm, security (card readers and cameras), paging,ch shall include electrical service, fire 39. A full electrical design should be provided whisignatures will still be required each month. applications; however, Architect 38. The Owner’s Representative will review payment final BIM model. ine as-builts from the contractor into the 37. Incorporate all drawing issuances and any red-licates for the work. 36. Provide substantial and final completion certiflding commissioning process. commissioning agent as required to complete the bui time to work with the Owner’s 35. Mechanical / electrical engineers shall includetectural / interiors, mechanical, electrical. 34. Punchlist issuance for civil, geothermal, archiconstruction. site visit report during active Documents for each discipline, including a monthly general conformance with the Contract 33. Construction administration services to ensure CMr. al / electrical systems with the exterior enclosure system, geothermal, and mechanic-installation meetings for the structure, 32. Active participation in quality control and preoriginal project. or scope that is missed and is consistent with the s not apply to design clarifications the base contract agreement. The $75,000 limit doeges shall be incorporated as part of provided to the design teams. All other minor chanor more, shall have compensation changes that increase the project scope by $75,000 stration. Owner generated scope Proposal Request as part of the Construction Adminiall be incorporated into the project by 31. Owner scope changes that are minor in nature shContractor. al requests, and change orders to the 30. Initiate construction change directives, proposproposal request processes. stomary supplemental instruction or drawings. This shall be done through normal and cu required that is not shown on the contract drawings or when additional information isvided for RFI responses that change the 29. Drawing clarifications and updates shall be proaround the questions in 2-days. gn teams to make every effort to turn-the submittals in 5-days. For critical RFI’s, desiteams make every effort to turn-around around (or less). For critical submittals, design -around (or less) and a 5-day RFI turn-28. Design teams to provide a 10-day submittal turncompletion dates. uction progression with anticipated submittals and RFI’s to support the building constreeting with a written status of open 27. Design teams to come prepared to each project mi-weekly format. place weekly but will be shorter in nature than a bcipated that these meetings will take meetings during the construction phase. It is antid attendance at weekly construction 26. Provide construction administration support an Parks & Forestry (PCS) 6 Design RFP – 291 Building Occupancy – September 1, 2026 , 2026 Commissioning / FF & E – August 1, 2026 – August 316 Construction Phase – April 14, 2025 – July 31, 202 – April 11, 2025 Submittals / Material Procurement – January 7, 2025Council Approval of Bids – January 6, 2025 Post Bid Review – Week of December 16, 2023 24 Bidding Phase – November 25, 2024 – December 12, 20, 2024 – November 22, 2024 Construction Document Review / Updates – November 2Design Completion for Bidding - November 1, 2024 Early Procurement Package – August 1, 2024 Full Design Commencement - February 26, 2024 g – January 26, 2024 Option A / B Conceptual Package Complete for PricinDesign Kick-Off – December 13, 2023 023 Council Approval of Design Contract – December 4, 2Interviews – November 13, 2023 (Hold PM) RFP Due Date – November 9, 2023 – 2:00 PM RFP Site Meeting – October 23, 2023 – 10:00 AM RFP Distribution – October 17, 2023 , 2023 Council Approval – Distribution of RFP – October 16ine for design. that you include in your submittal a proposed timel allow appropriate time for design and asks Request for Proposal response. The City desires to timelines that are returned within this The project schedule will be dictated by the design IV. PROJECT SCHEDULE s. evaluation, bid evaluation, and issuing of contracttion review, change order budget management, cost estimating, payment applica Parks & Forestry (PCS) 7 Design RFP – 292 letterhead or standard proposal form. uded on your own have to be utilized and the information can be incl does not Exhibit E – Cost Proposal Format. The form in Exhibit E in the information listed i. Please complete your cost proposal response withe. Cost Proposal of this RFP. design process successful and to meet the timelinesfor the City, to make your iii. Provide a list of requirements / expectations e firm. ii. List differentiating factors for your respectiv for this project. i. Provide insight into your team’s design approachd. Design Process / Approach ent. after contract award as part of the Contract Agreemiv. Written permission shall be required to change selected project lead personnel. mpleted by your 2. List 3 projects most relevant to this project co1. Provide resumes for key personnel. olved with the project. iii. Relevant experience for personnel directly invii. Construction Administration Phase – Lead for dainvolvement. & project i. Design Phase – Lead for day-to-day communicationc. Proposed Personnel and a reference. d, square footage, value, iii. Relevant projects should include year completeconsultants. expertise of prime ii. Provide relevant project experience to show thet completed by the lead firm. i. List 3 – 5 projects most relevant to this projecb. Relevant Company Experience ii. Indicate RFP contact person. i. Indicate firm lead & subconsultant firms. a. Cover Letter B. Response Format f. Design Kick-Off – December 13, 2023 , 2023 e. Council Approval of Design Contract – December 4d. Interviews – November 13, 2023 (Hold PM) c. RFP Due Date – November 9, 2023 – 2:00 PM b. RFP Site Meeting – October 23, 2023 – 10:00 AM a. RFP Distribution – October 17, 2023 A. RFP Schedule V. Proposal Information Parks & Forestry (PCS) 8 Design RFP – 293 . Exhibit F ii. Please reference copy attached as modified. 201-2017 as Agreement Between Owner and Architect and related A Standard Form of i. The contract form will be AIA Document B133-2019 A. Form of Contract VI. AGREEMENT FORM 6. Question & Answer – 10 Minutes 5. Critical Project Considerations – 5 Minutes 4. Design Schedule – 2 Minutes 3. Geothermal / Mechanical System - 3 Minutes 2. Project Approach – 5 Minutes 1. Experience & Qualifications – 5 Minutes i. 30 Minute Interview (20 Minutes of Presentation C. Future Interview Format john@pristashconstruction.comJohn Pristash - zwood@rochestermn.govZack Wood – Scot Ramsey – ii. Electronic copies – Deliver to: Attn: Scot Ramsey Rochester, MN 55904 Street SE th 201 4City of Rochester i. Hard Copies (6) – Deliver to: f. Response Format the conceptual design work. $35,000,000. The final construction budget will beg soft costs of $30,000,000 and an overall project budget, includinonstruction budget of ii. For the purposes of this RFP, please assume a c Parks & Forestry (PCS) 9 Design RFP – 294 Request replacement of one or more sub-consultants.vii. to verify qualifications and capabilities. formation from Proposers vi. Request additional information and financial inv. Issue a new Request for Proposal iv. Negotiate with Proposer(s) the Request for Proposal iii. Correct technical errors or ambiguities withinii. Reject any, or all proposals. written notice. int in the process upon i. This proposal request may be cancelled at any popublic’s best interest: owing if determined to be in the a. The City reserves the right to complete the follB. Notification to Bidders st under any conditions.responsible for any costs associated with the requeoposer. The City will not be this proposal will be at the sole expense of the Pred with the preparation of The Proposer understands that the expenses associat a. Proposal Expenses A. IX. REQUEST FOR PROPOSAL CONDITIONS 507.208.2639 john@pristashconstruction.com Pristash Construction Services John Pristash ed to the following: Any questions regarding this proposal can be direct VIII. REQUEST FOR PROPOSAL - CONTACT Geothermal and renewable energy expertise. E. Proposal, interview, and project cost. D. Project approach and technical expertise. C. Firm resources and capabilities. B. posed Team leaders. Experience & qualifications of the Team and the pro A. ion of the following: project. The selection criteria will be a combinateam to provide the design services for this believe will result in the most qualified project te for evaluating the proposals which they A committee selected by the City will be responsibl Parks & Forestry (PCS) 10 Design RFP – 295 Facility project. providing design services for the Joint Operations derstanding your firms’ qualifications for We look forward to meeting your team and further unng this information and pursuing the project. recognize the time and effort involved with preparivance for your interest in this project as we The City of Rochester would like to thank you in ad X. CLOSING Parks & Forestry (PCS) 296 Public Works Transit Operations Center - Site Overview Exhibit A 741334083465741334083464 PWTOC INTEGRATED FACILITY ASSESSMENT Exhibit B 297 ter StreetParks and Forestry Operations Center - 403 East Cen Their current facility was constructed in 1962 ment. that are used for storage of materials and/or equipthe city e various additional facilities located throughout In addition to the main Operations Center, there ar throughout the Parks system. move cess to the Parks trail system that allows staff tolocation in the city is an advantage as it gives ac central efficiency, and staff / work safety. However, theadversely affected functional adequacy, operationals mitations due to its size and configuration that haThe existing building and site impose many space li system. s ith seasonal staff to support the needs of the parkDuring the summer months the staff nearly doubles w Park system. City’s tral hub for all the maintenance operations of the The Parks and Forestry Operations Center is the cen PARKS AND FORESTRY OPERATIONS CENTER (PFOC)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 298 Existing Parks and Forestry Operations Center Additional detail is provided in the appendix. ZATION PLAN PARKS AND FORESTRY EXISTING SPACE SUMMARY AND UTILI September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 299 Site Utilization - Essex Park Site Utilization - 403 East Center Street September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 300 ea went back to RPUFormer Site Storage - Storage was relocated when ar Site Utilization - Quarry Hill September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 301 ent. Need blow off area to clean mowers and other equipm 16.ilize the trail system to get around town. transport equipment around town. Currently they ut would need to utilize additional trailers to If relocated to the PWTOC, Parks and Forestry teams 15.ay. utilized as a breakroom and other uses during the dpate in the morning rush. This space can also be and other large group functions. All staff partici required to brief crews on daily tasks, training, A space large enough to accommodate 40-50 people is 14.pment in high use locations Honkers Stadium, to minimize transportation of equiat they are utilized at, such as field groomers at Some specific equipment may remain at facilities th 13.space. eas for the various divisions to have dedicated Tool crib areas should be near the fleet storage ar 12.A water fill area is required. 11.late noise. An enclosed blade sharpening area is desired to iso 10.r repair / fabrication needs. Welding is required to support maintenance and othe 9.signs for park system Sign shop required to fabricate and repair various 8.r of picnic tables and other miscellaneous items. Carpentry shop is needed for construction and repai 7. the fleet maintenance bays. Parks and Forestry small engine repair can occur in 6.Mechanics operate on (1) shift. 5. apers, maps, and workroom.space could function as a location for mailboxes, pmmodate the Parks and Forestry needs. This An map / plan / work room would be required to acco 4.ptionist and the other as a backup. staff members in workstations. One as primary rece parks and forestry. Reception area should have twoReceptionist receives calls on weeds and trees for 3. g office and/or open workstations.utilize a breakout space, small conference, hotelin year that are considered seasonal. They could Parks and Forestry have 1-2 Ameri-Corp interns each 2.orestry Management and crew chiefs. Provide office space / workstations for Parks and F 1. FUNCTIONAL NEEDS April – September. More in the core summer months Seasonal Staff: 50+ (current + projected) 9.(3) additional in 10 years (3) additional in 5 years (30) Landscape Tech 8.(2) additional in 10 years (8) Crew Chiefs 7.(2) Mechanics 6.(1) Admin Assistant / Reception 5.(2) Green Corps 4.(2) Division Support 3.(3) Supervisors 2.(1) Division Heads 1. STAFFING NEEDS September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 302 (9) TOTAL ing to reduce trips (1) Flatbed with a 12–14-foot box for material haul (1) additional truck to pull mow trailer (CBD) ment storage like how parkway operates. (1) Enclosed trailer to use as self-contained equip r tool cats (CBD) (1) Additional flatbed trailer for hauling mowers o (Flood) (1) Additional Dump trailer that can haul a bobcat shop (Flood) pull mowers that traditionally drive out of (1) Additional truck and (1) additional trailer to uipment (Parks) (2) Additional trucks with trailers for grooming eq storage area at facility: equipment required for transport which will need PWTOC. The following is an estimate of additional equipment around City if operations were at Additional trailers would be required to transport 10.Brush pile area Other landscaping material. Mulch Rock igation in this area. Gravel Bed areas - for plantings. Need water / irr Soil Site Storage 9.Other misc. recreation and parks supplies 8.Barriers, tables, benches, fencing, etc. 7.Paint and Chemical Storage. 6.Truck and large equipment fleet. 5.Site / park furnishings 4.Irrigation supplies 3.Seasonal Decorations 2.Small equipment and tools 1. ns) items are able to remain in the other park locatioother City parks could be beneficial, however, some at a minimum. Accommodation for other storage forTo relocate storage from 403 Center Street Building(STORAGE NEEDS half-high locker. le eives 2 lockers. Seasonal staff can utilize a singseasonal employees) Each full-time staff person rece staffing needs of all team members (including Provide a locker area to accommodate the appropriat 17.September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 303 Traffic Operations Building - 24 Civic Center Drive n 1967 with remodels in 1997 and 2015. Their current facility was originally constructed i ce and storage for the current operations. The existing building and site provide adequate spa or City’s roadway projects. Materials Lab – Testing of concrete and aggregate f ction of City’s parking meters Parking Meter – Install, maintenance and coin colle and review Traffic Group – Traffic signal programming, repair, following operations: he Works. The Traffic Operations building contains tTraffic Operations is under the umbrella of Public TRAFFIC OPERATIONS BUILDING (TOB)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 304 Figure 1 - Existing Traffic Operations Building Additional detail is provided in the appendix. ZATION PLANTRAFFIC OPERATIONS EXISTING SPACE SUMMARY AND UTILI September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 305 Sign Storage 4. Signal parts 3. Space for Traffic signals and lights 2. ain there.RPU. Yard storage for poles are at RPU and can remity of responsibility of City. 30’+ poles are responsibil14’ – 15’ decorative pedestrian lighting poles are 1. STORAGE NEEDS preferred, not required.mputers / desk. Adequate space for monitors Traffic division has a lot of control from their co 4. Small shop area required for repair of signals 3. to be in a room. Traffic Control requires multiple screens. Desired 2.n d most of the time, would only require a workstatioSignal technicians and Electricians are in the fiel 1. FUNCTIONAL NEEDS (2) future positions 6. (2) Traffic Signal Tech 5. (2) Electrician 4. (1) Engineer 3. (1) Manager 2. (1) Supervisor 1. STAFFING NEEDS TRAFFIC DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 306 2. Space for meter housings 1.STORAGE NEEDS Small office required for division lead 8. from mezzanine and general storageTeam is going through and purging unnecessary items 7. er occurs, old meters are being disposed.Meters are becoming ‘smart meters’ and as switch ov 6. Division supports.transit function that the Parking Meter This is supervised by the transit manager and is a Sweep up broken glass, etc. Available to address issues at bus shelters. 5. e no parking area.At times need to bags meters, as required, to creat 4. of all parking metersResponsible for the repair, maintenance and install 3. on route.Complete a morning (3x a week) and evening collecti motorized lift for collection cart. he route and utilize a pickup truck or van with Collection of fares from meters. Team will drive t 2. ntown favorable. meters are in the downtown zone. Proximity to dow Most 1. FUNCTIONAL NEEDS (1) Future Position 2.(2) Meter Tech 1.STAFFING NEEDS PARKING METER DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 307 Lockers not specifically required. Cores Sample Bags A variety of field tools that are not on truck Storage 9. taking.to be able to utilize when coming back from sample d. Adjacency near garage preferred Equipment is noisy. Should be acoustically isolate § Shaker Splitters Aggregate Testing Chop saws Prep space Concrete break. Concrete Testing Equipment 8. erial during projects.A small storage area is required for storage of mat 7. aste samples.6 yard disposal container near materials labs for w 6. standard truck.f oading and unloading. Parking stalls can be size oNear the material labs, provide parking areas for l 5. isolation.A dirty and noisy lab to provide noise and exhaust 4. nd are less frequent items for testing.MnDOT will test bituminous and soil, as required, a Materials Lab that tests concrete and aggregate 3. next seasonWinter season: Majority desk time and preparing for 2. me inside testingSummer season: ¾ time in field taking samples, ¼ ti 1. FUNCTIONAL NEEDS (1) future growth 3. (1) seasonal staff 2. (2) Engineer Tech 1. STAFFING NEEDS MATERIALS TESTING DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 308 . River Road NEPublic Works and Transit Operations Center – 4300 E ce support. entry conference room, fitness center and maintenan break rooms. Common spaces included main, public,support functions such as offices, locker rooms andte employee entrances as well as separate employee Current Public Works and Public Transit have separa recently, in 2017. additions have been completed since that time, most was planned to accommodate future growth. VariousThe facility was originally constructed in 2006 and he bus and truck fleets. well-equipped maintenance facility to accommodate t a hester Public Transit and Public Works and includes The PWTOC is the primary operations center for Roc PUBLIC WORKS AND TRANSIT OPERATIONS CENTER (PWTOC)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 309 ions CenterFigure 2 - Existing Public Works and Transit Operat Additional detail is provided in the appendix. PWTOC EXISTING SPACE SUMMARY AND UTILIZATION PLAN September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 310 Figure 3 - PWTOC - Enlarged Plan - North Half September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 311 - Enlarged Plan - South Half- PWTOCFigure 4 September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 312 ng improvements. Existing fleet storage and cold storage need lighti 9. to be at the current wash facility. An additional wash bay is needed. It does not need 8.supplies. ork bench / sink for cleaning equipment and The paint crew will need a small work area with a w 7.ials bins. an additional drive connecting salt shed with materde Locating near material bins would be ideal. ProviAn additional hoop shed is desired for black dirt. 6.Nursing room is needed in facility. 5.c toilets to a single-use facility. renovated to gain additional space and reduce publi gets limited visitors. Public toilets could be Main Lobby has a lot of unused space. The facility 4.conference room when not in use. aff members. This space could also be as small The facility needs a hoteling office for drop in st 3.ed by taller furniture panels. better acoustic separation. That can be accommodatquate space for admin staff. Admin staff need this area could be reconfigured to provide more adeunter is no longer needed. Guests are limited and The existing front reception area with a service co 2.intain space for maps and radios. would work for some of these functions. Need to mald limit interruptions. The existing plan room The workroom area relocated away from reception wou 1. FUNCTIONAL NEEDS (2) Additional at 10 years (2) Additional at 5 years (33) Equipment Operators 4. (5) Crew Chief 3. (1) additional at 5 years (1) Supervisor 2. (1) Manager 1.STAFFING NEEDS projections. al programming criteria necessitated by growth adequate for their needs. Below indicates additionty is t the PWTOC facility. Generally, the current faciliThe Street Maintenance Division currently resides a September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 313 285 272 258 Total Trailers 22 24 25 Small Equipment 44 46 50 Industrial Equipment 4 5 6 Grounds Equipment 0 0 0 Heavy Equipment 29 30 32 Light Vehicle Parking 39 43 45 Heavy Vehicle Parking 41 42 43 Tracked Vehicle Parking 2 2 2 Wide Vehicle Parking 77 80 82 QTY QTY QTY 10 YEAR 5 YEAR CURRENT projections for fleet storage:PWTOC will be seeing growth in their 5 and 10 year 1. STORAGE NEEDS September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT 314 Exhibit C/ BUILDINGFUTURE PARKING OPTION A LOT ALOT BLOT K,600 SF69FLEET STORAGE,200 SF6EXPANSIONMAINTENANCE,400 SF19EXPANSIONAlternate for FLEET23,300 SFOFFICE REMODEL EXISTING PWTOC Option B Exhibit D 320'80'160'0'315 200'50'100'0'BUILDING SITE STUDY CITY OF ROCHESTERPUBLIC WORKS AND TRANSIT OPERATION CENTER (PWTOC)246,253 SFPARKINGEMPLOYEEPONDSTORMWATER EXISTING STORAGE BUILDINGSTORAGEEXISTING SALT EXISTING PWTOC 19,400 SFAlternate for Fleet Storage Option B MAINT.PW/PF 320'80'160'0'Office Remodel9,478 sf (Existing)Fleet Storage75,000 sf (Existing)StorageTransit Fleet60,064 sf Parking LotOffice / Support9,500 sf sf97,000Storage Transit Fleet316 200'50'100'0'BUILDING SITE STUDY CITY OF ROCHESTERPUBLIC WORKS AND TRANSIT OPERATION CENTER (PWTOC)246,253 SFPARKINGEMPLOYEEPOND STORMWATER EXISTING STORAGE BUILDINGSTORAGEEXISTING SALT 140 SF 60,064 SFFLEET STORAGETRANSIT 4,172 SFUNDERS SEPARATE PROJECT WITH BRTFUTURE TRANSIT MAINTENANCE. 13,770 SFTRANSIT 64'16'32'0'NORTH ALTERNATE ADDITIONAL FLEET 75,000 SFFLEET STORAGEPARKS AND PUBLIC WORKS317 09/12/23?DRIVE LANE?DRIVE LANE 2.27 Prog SIDE DRIVE 287 SF2.26 Prog MAINTENANCE 2792 SF2.28 Prog TIRE 216 SF2.29 Prog MAINTENANCE 201 SF2.30 Prog TOOL CRIB 171 SF2.31 Prog SPARE PARTS 141 SF2.31 Prog ROOMFLUID/COOLANT 150 SF3.06 Prog AREACHARGING 3173 SF1.12 Prog WELLNESS 946 SF?MECH 704 SF1.14 Prog WOMENS 455 SF1.13 Prog MENS 1249 SF1.01A Prog OFFICE 116 SF1.01 Prog OFFICE 82 SF1.02 Prog OFFICE 81 SF 64'16'32'0'NORTH?MECH 40 SF1.01D Prog OFFICE 173 SF?VEST 43 SF2.25A Prog WASH 1979 SF2.25B Prog EQUIP ROOM 57 SF2.24 Prog MAINTENANCEPUBLIC 9640 SF?ELEC 33 SF?DATA 29 SF2.07 Prog TOOL CRIB 160 SF2.13 Prog BREAK ROOM 386 SF2.14 Prog MEN 466 SF2.15 Prog WOMEN 270 SF?JAN.46 SF?MECH/ELEC 697 SF2.20 Prog SHOPELECTRONICS 187 SF2.19 Prog VIDEO REPAIRFARE BOX /203 SF?739 SF2.12 Prog WORK AREACOMMON 3208 SF?2213 SF2.09 Prog MNRG.ASST. FLEET 198 SF2.08 Prog SHOP SUPER.135 SF2.08 Prog FLEET MNGR.160 SF2.09 Prog OFFICEMAINT.212 SF2.10C Prog PARTS CLERK 133 SF2.22 Prog TOOL CRIB 209 SF2.21 Prog SHOP SUPER.133 SF2.23 Prog TIRE 814 SF2.10A Prog WAREHOUSE 3836 SF2.10B Prog WINDOW 135 SF2.10D Prog TOOL CRIB 321 SF2.11 Prog LUBE/COMPRESSOR 631 SF2.05 Prog WORKSREPAIR BAYS 2.01 Prog WELDING BAY 1575 SF3.04 Prog GARAGEFLEET 2.18A Prog FUELING BAY 1808 SF2.18C Prog CLEANDETAIL 153 SF2.18D Prog EQUIP.VACUM 140 SF2.18E Prog TOILET 70 SF2.18F Prog OFFICE 100 SF2.18G Prog VAULT 153 SF2.18I Prog79 SF?MECH/ELEC 260 SF2.18H Prog WATER 466 SF2.18B Prog WASH BAY 2196 SF1.21 Prog MATERIAL/ARCHIVEPT 180 SF3.05 Prog ADDITIONBUS GARAGE 3.01 Prog GARAGEFLEETWORKSPUBLIC 1.17 Prog WOMEN 347 SF1.16 Prog MEN 369 SF?ELEC 189 SF?IT SERVER 220 SF1.02 Prog OFFICE 96 SF1.10 Prog DRIVER ROOM 710 SF1.11 Prog105 SF?VEST 45 SF?CORRIDOR 975 SF1.06 Prog DISPATCH 569 SF1.15 Prog DRIVER 296 SF?JAN.38 SF1.22 Prog TRAINING 527 SF1.20 Prog FILES 93 SF1.01D Prog MNGR./H.R.128 SF1.01D Prog SUPER.ROUTE 168 SF1.01D Prog OPER'S/TRAINING 115 SF?VEST 70 SF1.01 Prog OFFICE 99 SF?TRANS. STOR 108 SF1.01 Prog OFFICEMARKET 110 SF?108 SF?CORRIDOR 347 SF1.01D Prog AUDIT/ACCT'G 117 SF1.01C Prog CONTRACTFINANCIAL 141 SF1.02 Prog MNGR 190 SF1.04 Prog CONFC 295 SF1.24 Prog WOMEN 142 SF1.23 Prog MEN 136 SF?JAN.30 SF1.08 Prog PW ARCHIVE 275 SF1.01D Prog OFFICECREW CHIEF 571 SF1.19 Prog PLAN/MAP 340 SF1.09B Prog275 SF1.09A Prog CREW ROOM 906 SF1.09A Prog CREW ROOM 705 SF2.04B Prog COLLECTIONDUST 96 SF2.04A Prog SHOPCARPENTRY 1244 SF2.02A Prog SIGN SHOP 1375 SF2.02B Prog SHOPSIGN FAB 384 SF2.02C Prog SIGN LAB 196 SF2.02D Prog TOOL CRIB 199 SF2.02E Prog OFFICEPM/P/S 468 SF?JAN.51 SF?VEST 49 SF1.05 Prog CONF.188 SF1.18 Prog WORK/COPY 61 SF1.01A Prog DISPATCH 139 SF?VEST 73 SF1.07 Prog RECEPTION Redundant Room?LOBBY 765 SF?VEST 95 SF1.01A Prog MAINT. SUPER 195 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog RESOURCESHUMAN PWTOC - Joint Operations Facility Exhibit E 318 any reimbursable expenses.** Please prepare a cost proposal in the format listed above on your own letterhead and include a list of BiddingDate Documents Prepared for PreparedDate Early Purchase Package Construction DocumentsDesign DevelopmentSchematic DesignConceptual Design Design Durations# of WeeksConstruction AdministrationCost per MonthSelection / DesignAlternate 1 - Furniture Subtotal Other:Other:ElectricalMechanicalLandscapeCivilStructuralArchitectural Cost% of Final DisciplineLump Sum$10,000,000of Cost ProposalConstruction Budget - Purposes October 6, 2023 Cost Proposal Format PWTOC - Joint Operations Facility 319 October 6, 2023 Cost Proposal Format Exhibit F 320 The Owner and Architect agree as follows. « » « » « » « »« » (Name, legal status, address, and other information The Construction Manager (if known): « » « » « » (Name, location, and detailed description) for the following Project: « » « » « » « »« » (Name, legal status, address, and other information and the Architect: « » « » « » « »« » (Name, legal status, address, and other information the Architect’s client identified as the Owner: BETWEEN (In words, indicate day, month and year.) made as of the « » day of « » in the year « » AGREEMENT 321 Construction commencement date: .2 « » Design phase milestone dates, if any: .1 lestone dates: The Owner’s anticipated design and construction mi§ 1.1.4 « » .) (Provide total and, if known, a line item breakdown fined in Section 6.1: The Owner’s budget for the Cost of the Work, as de§ 1.1.3 « » on of the site, etc.) and private utilities and services; legal descriptivailability of public topographic surveys; traffic and utility studies; adimensions; geotechnical reports; site boundaries; ; location; he Project’s physical characteristics, such as size(Identify or describe pertinent information about t The Project’s physical characteristics: § 1.1.2 « » the program will be developed.) manner in which that establishes the Owner’s program, or state the(Insert the Owner’s program, identify documentation The Owner’s program for the Project: § 1.1.1 execution.”) nown at time of ion or a statement such as “not applicable” or “unk(For each item in this section, insert the informat set forth in this Section 1.1. This Agreement is based on the Initial Information§ 1.1ARTICLE 1 INITIAL INFORMATION 13 SCOPE OF THE AGREEMENT 12 SPECIAL TERMS AND CONDITIONS 11 COMPENSATION 10 MISCELLANEOUS PROVISIONS 9 TERMINATION OR SUSPENSION 8 CLAIMS AND DISPUTES 7 COPYRIGHTS AND LICENSES 6 COST OF THE WORK 5 OWNER’S RESPONSIBILITIES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 2 ARCHITECT’S RESPONSIBILITIES 1 INITIAL INFORMATION TABLE OF ARTICLES 322 « » (List name, address, and other contact information.submittals to the Owner are as follows: chitect’s s representative, who are required to review the Ar The persons or entities, in addition to the Owner’§ 1.1.9 « » « » « » « » « » « » (List name, address, and other contact information.n accordance with Section 5.4: The Owner identifies the following representative i§ 1.1.8 Objective. the Sustainable forming services or Work in any way associated withagreements with the consultants and contractors perto the hitect shall incorporate the completed E234–2019 inincorporated into this Agreement, the Owner and Arcf E234-2019 is ces related to the Owner’s Sustainable Objective. IAgreement to define the terms, conditions and servihis Construction Manager as Constructor Edition, into tDocument E234™–2019, Sustainable Projects Exhibit, e AIA e Owner and Architect shall complete and incorporatIf the Owner identifies a Sustainable Objective, th§ 1.1.7.1 « » ctive for the Project, if any.) (Identify and describe the Owner’s Sustainable Obje he Project: The Owner’s anticipated Sustainable Objective for t§ 1.1.7 « » (List number and type of bid/procurement packages.)forth below: n are set rack design and construction, or phased constructio The Owner’s requirements for accelerated or fast-t§ 1.1.6 Maximum Price. st of the Work Plus a Fee without a Guaranteed as Constructor where the basis of payment is the CoBetween Owner and Construction Manager AIA Document A134–2019, Standard Form of Agreement \] « »\[ Maximum Price. st of the Work Plus a Fee with a Guaranteed as Constructor where the basis of payment is the CoBetween Owner and Construction Manager AIA Document A133–2019, Standard Form of Agreement \] « »\[ (Indicate agreement type.) pursuant to the following agreement: The Owner intends to retain a Construction Manager§ 1.1.5 « » Other milestone dates: .4 « » Substantial Completion date or dates: .3 « » 323« »« » Structural Engineer:.1 Consultants retained under Basic Services: § 1.1.12.1 t information.) (List name, legal status, address, and other contac ied in Sections 1.1.12.1 and 1.1.12.2: The Architect shall retain the consultants identif§ 1.1.12 « » « » « » « » « » « » (List name, address, and other contact information.ive in accordance with Section 2.4: The Architect identifies the following representat§ 1.1.11 « » d by the Owner.) (List any other consultants and contractors retaine Other consultants and contractors: .5 « » « » « » « » « »« » Civil Engineer: .4 « » « » « » « » « »« » Geotechnical Engineer: .3 « » « » « » « » « »« » Land Surveyor: .2 « » mplete Section 4.1.1.1) the Owner in selecting the Construction Manager, cos to assist e anticipated date of retention. If the Architect iretained as of the date of this Agreement, state thr page. If a Construction Manager has not been (The Construction Manager is identified on the cove Construction Manager: .1 t information.) (List name, legal status, address, and other contac nd contractors: The Owner shall retain the following consultants a§ 1.1.10 324 rogress of the Project. such professional skill and care and the orderly pits services as expeditiously as is consistent withhitect shall perform ty under the same or similar circumstances. The Arcarchitects practicing in the same or similar localirovided by t with the professional skill and care ordinarily p The Architect shall perform its services consisten§ 2.2 riately licensed design professionals. shall cause such services to be performed by approp this Agreement, or ject is located to provide the services required byproperly licensed in the jurisdiction where the Prosents that it is as set forth in this Agreement. The Architect repre The Architect shall provide professional services § 2.1ARTICLE 2 ARCHITECT’S RESPONSIBILITIES s and employees. building information model, and each of their agent or contributors to, the and its contractors or consultants, the authors of,sole risk and without liability to the other party ying party’s odeling Protocol Form, shall be at the using or relDocument G202™–2013, Project Building Information MAIA deling and Digital Data Exhibit, and the requisite in AIA Document E203™–2013, Building Information Mo protocols set forth ion contained in the model and without having thosegoverning the use of, and reliance on, the informattocols building information model without agreement to pro Any use of, or reliance on, all or a portion of a § 1.3.1 digital data. and exchange of protocols for the development, use, transmission, Modeling and Digital Data Exhibit, to establish thenformation arties will use AIA Document E203™–2013, Building Iinformation or documentation in digital form. The pr any other he transmission and use of Instruments of Service o The parties shall agree upon protocols governing t§ 1.3 tion. accommodate material changes in the Initial Informa, as necessary, to er’s anticipated design and construction milestonesOwner’s budget for the Cost of the Work and the Owner shall adjust the services, and the Architect’s compensation. The OwnArchitect’s services, schedule for the Architect’s adjust the t, the Owner and the Architect shall appropriately Information may materially change and, in that evene Initial formation. Both parties, however, recognize that th The Owner and Architect may rely on the Initial In§ 1.2 « » s based: Other Initial Information on which the Agreement i§ 1.1.13 « » Consultants retained under Supplemental Services: § 1.1.12.2 « » « » « » « » « »« » Electrical Engineer: .3 « » « » « » « » « »« » Mechanical Engineer: .2 « » « » « » « » 325 ager, and the mation furnished by the Owner, the Construction Mancompleteness, and timeliness of, services and inforfor, the accuracy, entitled to rely on, and shall not be responsible and the Owner’s consultants. The Architect shall beon Manager, hose services provided by the Owner, the Constructi The Architect shall coordinate its services with t§ 3.1.2 eport progress to the Owner. communicate with members of the Project team, and rect meetings, s, research applicable design criteria, attend Proj The Architect shall manage the Architect’s service§ 3.1.1 Additional Services. are Supplemental or services. Services not set forth in this Article 3 structural, mechanical, and electrical engineering tomary scribed in this Article 3 and include usual and cus The Architect’s Basic Services consist of those de§ 3.1ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES in this Section 2.6. requirements nce to the Owner that evidence compliance with the The Architect shall provide certificates of insura§ 2.6.8 ongoing and completed operations. all apply to both ory to any of the Owner’s insurance policies and shinsured coverage shall be primary and non-contributs. The additional part by the Architect’s negligent acts or omissionadditional insured for claims caused in whole or inner as an iability and Automobile Liability to include the Owexcess or umbrella polices for Commercial General Lect shall cause the primary and To the fullest extent permitted by law, the Archit§ 2.6.7 Additional Insured Obligations. per claim and « » ($ « » ) in the aggregate. with policy limits of not less than « » ($ « » ) al services, rors and omissions in the performance of profession Professional Liability covering negligent acts, er§ 2.6.6 « » ($ « » ) policy limit. ch employee, and han « » ($ « » ) each accident, « » ($ « » ) ea Employers’ Liability with policy limits not less t§ 2.6.5 Workers’ Compensation at statutory limits. § 2.6.4 payment by the underlying insurers. hrough the actual uire the exhaustion of the underlying limits only tthe primary policy. The excess policy shall not reqrower coverage than excess or umbrella liability insurance provide narSections 2.6.1 and 2.6.2, and in no event shall anyred under the same or greater coverage as the coverages requior umbrella liability insurance policies result in rimary and excess ss or umbrella liability insurance, provided such pLiability through a combination of primary and exceobile coverage for Commercial General Liability and Autom The Architect may achieve the required limits and § 2.6.3 mobile coverage. les, along with any other statutorily required autoownership, maintenance and use of those motor vehicge arising out of the dily injury, death of any person, and property damaof not less than « » ($ « » ) per accident for bocy limits non-owned vehicles used, by the Architect with poli Automobile Liability covering vehicles owned, and § 2.6.2 amage. ) in the aggregate for bodily injury and property dnd « » ($ « » not less than « » ($ « » ) for each occurrence a Commercial General Liability with policy limits of§ 2.6.1 the Architect as set forth in Section 11.9. the Owner shall pay types and limits the Architect normally maintains,requirements set forth below are in addition to thehe ce until termination of this Agreement. If any of t The Architect shall maintain the following insuran§ 2.6 Insurance. with respect to this Project. sional judgment sonably appear to compromise the Architect’s profesemployment, interest or contribution that would reaept any Architect shall not engage in any activity, or acc Except with the Owner’s knowledge and consent, the§ 2.5 ct to the Project. orized to act on behalf of the Architect with respe The Architect shall identify a representative auth§ 2.4 Manager. the Construction itect shall not be responsible for actions taken bythe agreement identified in Section 1.1.5. The Archs described in ction with the services of a Construction Manager a The Architect shall provide its services in conjun§ 2.3 326 or the Project. consulting services that may be reasonably needed f other information or onsistencies discovered in the information, and (2)The Architect shall notify the Owner of (1) any incements of the Project. each in terms of the other, to ascertain the requirWork, Project site, and other Initial Information, Cost of the on of the Owner’s program, schedule, budget for the The Architect shall prepare a preliminary evaluati§ 3.3.2 cable to the Architect’s services. and shall review laws, codes, and regulations appli Manager, information furnished by the Owner and Construction The Architect shall review the program, and other § 3.3.13.3 Schematic Design Phase Services § ate. Guaranteed Maximum Price Amendment or Control Estimained in the the agreed upon assumptions and clarifications contSpecifications, and other documents to incorporate ings, ction 4.2.1.14, the Architect shall update the Draw Upon authorization by the Owner, and subject to Se§ 3.2.2 and Construction Manager. ly notify the Owner e information presented, the Architect shall promptdiscovers any inconsistencies or inaccuracies in th that the Architect s of cost or estimated cost proposals. In the eventprocedures; or for the verification of any estimate, techniques, or uction Manager’s proposed means, methods, sequencesthe assumption of any responsibility for the Constror inconsistencies; for for the purpose of discovering errors, omissions, proposal or estimate. The Architect’s review is not Manager’s hall assist the Owner in reviewing the ConstructionPrice proposal or Control Estimate. The Architect sed Maximum for the Owner’s acceptance or approval, a Guaranteprepare, for review by the Owner and Architect, andger shall and the Construction Manager, the Construction Mana At a time to be mutually agreed upon by the Owner § 3.2.1ed Maximum Price Proposal or Control Estimate § 3.2 Review of the Construction Manager’s Guarante requests, clarifications, and interpretations. substitution hall include the Owner in communications related toArchitect. The Architect and Construction Manager stted by the Drawings, Specifications, and other documents submiclarification or interpretations pertaining to the r, provide nd, upon written request of the Construction ManageConstruction Manager’s requests for substitutions ansider the rol Estimate, as applicable, the Architect shall coOwner’s approval of the Construction Manager’s Conthe n Manager’s Guaranteed Maximum Price proposal, or t Prior to the Owner’s acceptance of the Constructio§ 3.1.8 oject. nmental authorities having jurisdiction over the Prfiling documents required for the approval of goverbility for ion Manager in connection with the Owner’s responsi The Architect shall assist the Owner and Construct§ 3.1.7 horities and entities. applicable design requirements imposed by those autct shall respond to viding utility services to the Project. The Architeapprove the Construction Documents and entities prorequired to truction Manager, contact governmental authorities The Architect shall, in coordination with the Cons§ 3.1.6 itect’s written approval. non-conforming work, made or given without the Archcceptance of r’s directive or substitution, or for the Owner’s a The Architect shall not be responsible for an Owne§ 3.1.5 es. lating to the performance of the Architect’s servicaction upon, the portion of the Project schedule re take other appropriate ervices. The Architect shall review and approve, orProject schedule as it relates to the Architect’s srevising the truction Manager and participate in developing and The Architect shall submit information to the Cons§ 3.1.4 of construction. ry, as the Project proceeds until the commencement the Architect shall adjust the schedule, if necessawner’s approval, , be exceeded by the Architect or Owner. With the Othe schedule shall not, except for reasonable causets established by the Project. Once approved by the Owner, time limisubmissions by authorities having jurisdiction overoval of erformance of the Owner’s consultants, and for apprManager’s Preconstruction Phase services, for the pstruction on Manager’s review, for the performance of the Conrequired for the Owner’s review, for the Constructifor periods of time Information. The schedule shall include allowances Completion of the Work as set forth in the Initial d for Substantial pated dates for the commencement of construction andesign phase milestone dates, as well as the anticiule shall include performance of the Architect’s services. The schedreview and the Owner’s approval, a schedule for thetion Manager’s ement, the Architect shall submit, for the Construc As soon as practicable after the date of this Agre§ 3.1.3 ces or information. any error, omission, or inconsistency in such serviecomes aware of ompt written notice to the Owner if the Architect bOwner’s consultants. The Architect shall provide pr 327 approval of the Design Development Documents. the Owner’s as required under Sections 6.5 and 6.6 and request Development Phase, the Architect shall take action tion and estimate at the conclusion of the Design Upon receipt of the Construction Manager’s informa§ 3.4.3 review the Design Development Documents. nager to . The Architect shall meet with the Construction MaDocuments to the Owner and the Construction Managerpment Phase, the Architect shall submit the Design Develo Prior to the conclusion of the Design Development § 3.4.2 lish in general their quality levels. that identify major materials and systems and estabpecifications Development Documents shall also include outline ssystems, and other appropriate elements. The Designhanical and electrical of the Project as to architectural, structural, mecsystems to fix and describe the size and character layouts of building ns, typical construction details, and diagrammatic other documents including plans, sections, elevatiof drawings and oved Schematic Design Documents and shall consist oillustrate and describe the development of the apprr and shall and estimates prepared by, the Construction ManageDocuments shall be based upon information provided,opment s review and the Owner’s approval. The Design DevelDevelopment Documents for the Construction Manager’repare Design get for the Cost of the Work, the Architect shall padjustments in the Project requirements and the budany ign Documents, and on the Owner’s authorization of Based on the Owner’s approval of the Schematic Des§ 3.4.1§ 3.4 Design Development Phase Services ’s agreement with the Owner. Construction Manager under the Construction Managere to be provided by the of the estimates of the Cost of the Work, which arArchitect shall be entitled to rely on the accuracysign, the cifications during this and subsequent phases of de In the further development of the Drawings and Spe§ 3.3.8 ase. the required revisions in the Design Development Ph shall incorporate lusion of the Schematic Design Phase, the ArchitectOwner’s budget for the Cost of the Work at the concly with the the Schematic Design Documents are required to compof the Schematic Design Documents. If revisions to Owner’s approval tion as required under Section 6.4, and request theSchematic Design Phase, the Architect shall take ac comments and cost estimate at the conclusion of the Upon receipt of the Construction Manager’s review § 3.3.7 to review the Schematic Design Documents. Architect shall meet with the Construction Manager The cuments to the Owner and the Construction Manager. The Architect shall submit the Schematic Design Do§ 3.3.6 of the Work. Owner’s program, schedule, and budget for the Cost design for the Project that is consistent with the developing a considerations based on program and aesthetics, inbuilding systems and equipment, together with othererials, e Construction Manager the value of alternative mat The Architect shall consider with the Owner and th§ 3.3.5.2 tion 4.1. design services as a Supplemental Service under Secainable f the Work. The Owner may obtain more advanced sustOwner’s program, schedule and budget for the Cost osistent with the and aesthetics, in developing a design that is contogether with other considerations based on programrientation, ternatives, such as material choices and building o The Architect shall consider sustainable design al§ 3.3.5.1 writing. ings or described in d construction materials shall be noted on the drawPreliminary selections of major building systems anntations. dy models, perspective sketches, or digital represeelevations; and may include some combination of stug plans, sections and site plan, if appropriate, and preliminary buildinconsist of drawings and other documents including ahall Owner’s approval. The Schematic Design Documents sDocuments for Construction Manager’s review and the esign, the Architect shall prepare Schematic Design Based on the Owner’s approval of the preliminary d§ 3.3.5 the Project components. and relationship of roval, a preliminary design illustrating the scale Owner and Construction Manager, for the Owner’s app, to the the Owner, the Architect shall prepare and present Based on the Project requirements agreed upon with§ 3.3.4 ng the requirements of the Project. shall reach an understanding with the Owner regardict. The Architect approaches to design and construction of the Projewith the Owner and Construction Manager alternativel discuss tion to the Owner and Construction Manager and shal The Architect shall present its preliminary evalua§ 3.3.3 328 e Work completed, about the progress and quality of the portion of thArchitect shall keep the Owner reasonably informed s of the site visits, the ck the quality or quantity of the Work. On the basiexhaustive or continuous on-site inspections to cheired to make Documents. However, the Architect shall not be requcompleted, will be in accordance with the Contract hen fully g performed in a manner indicating that the Work, wdetermine, in general, if the Work observed is beinompleted, and to e progress and quality of the portion of the Work cSection 4.2.3, to become generally familiar with thwise required in propriate to the stage of construction, or as other The Architect shall visit the site at intervals ap§ 3.6.2.1§ 3.6.2 Evaluations of the Work . persons or entities performing portions of the Workager or of any other ible for, acts or omissions of the Construction Mancontrol over or charge of, and shall not be respons, but shall not have ble for the Architect’s negligent acts or omissionsContract Documents. The Architect shall be responsients of the to perform the Work in accordance with the requiremresponsible for the Construction Manager’s failure the Architect be and programs in connection with the Work, nor shallsequences or procedures, or for safety precautions thods, techniques, f, or responsibility for the construction means, meThe Architect shall not have control over, charge o in this Agreement. on behalf of the Owner only to the extent providedServices. The Architect shall have authority to actn Phase ner and Construction Manager during the Constructio The Architect shall advise and consult with the Ow§ 3.6.1.3 ent. the Architect issues the final Certificate for PaymConstruction Phase Services terminates on the date ility to provide vided in Section 3.6.6.5, the Architect’s responsibapproval. Subject to Section 4.2, and except as procceptance or rformed by the Construction Manager prior to such awhich sets forth a description of the Work to be peion Manager a written agreement between the Owner and Constructthe Construction Manager’s Control Estimate, or by proval of s Guaranteed Maximum Price proposal, the Owner’s apthe Owner’s acceptance of the Construction Manager’s upon ity to provide Construction Phase Services commenceSubject to Section 4.2, the Architect’s responsibil§ 3.6.1.2 in A201-2017 shall mean the Construction Manager. actor” as used the Architect amend this Agreement. The term “Contrservices under this Agreement unless the Owner and tect’s 017, those modifications shall not affect the Archiand Construction Manager modify AIA Document A201–2f the Owner eral Conditions of the Contract for Construction. Iset forth below and in AIA Document A201™–2017, Genager as Contract between the Owner and the Construction Man The Architect shall provide administration of the § 3.6.1.1§ 3.6.1 General § 3.6 Construction Phase Services Construction Documents. s approval of the required under Section 6.7, and request the Owner’Documents Phase, the Architect shall take action astion tion and estimate at the conclusion of the Construc Upon receipt of the Construction Manager’s informa§ 3.5.5 review the Construction Documents. nager to . The Architect shall meet with the Construction MaDocuments to the Owner and the Construction Managerion nts Phase, the Architect shall submit the Construct Prior to the conclusion of the Construction Docume§ 3.5.4 ay include sample forms. Contract for Construction and Specifications, and mConditions of the itions) and (2) a project manual that includes the Construction (General, Supplementary and other Condt for nd preparation of (1) the Conditions of the ContracOwner and Construction Manager in the development aassist the ts, if requested by the Owner, the Architect shall During the development of the Construction Documen§ 3.5.3 Project into the Construction Documents. on over the ments of governmental authorities having jurisdicti The Architect shall incorporate the design require§ 3.5.2 hall review in accordance with Section 3.6.4. and other similar submittals, which the Architect sata, Samples nal information, including Shop Drawings, Product DWork, the Construction Manager will provide additior to perform the . The Owner and Architect acknowledge that, in ordeother requirements for the construction of the Workerials and systems and the quality levels and performance criteria of matDrawings and Specifications setting forth in detail consist of the approved Design Development Documents and shallillustrate and describe the further development of hall the Owner’s approval. The Construction Documents sDocuments for the Construction Manager’s review andrepare Construction get for the Cost of the Work, the Architect shall padjustments in the Project requirements and the budf any pment Documents, and on the Owner’s authorization o Based on the Owner’s approval of the Design Develo§ 3.5.1§ 3.5 Construction Documents Phase Services 329 ods, techniques, l of safety precautions or construction means, methThe Architect’s review shall not constitute approvar’s responsibility. pment or systems, which are the Construction Managequantities, and installation or performance of equich as dimensions, e accuracy and completeness of other information susubmittals is not for the purpose of determining thof such oncept expressed in the Contract Documents. Review conformance with information given and the design cng for Samples, but only for the limited purpose of checkisubmittals such as Shop Drawings, Product Data and er’s her appropriate action upon, the Construction Manag The Architect shall review and approve, or take ot§ 3.6.4.2 sional judgment, to permit adequate review. allowing sufficient time, in the Architect’s profesptness while n approved submittal schedule, with reasonable promapproved submittal schedule or, in the absence of acordance with the action in reviewing submittals shall be taken in acwithhold approval of the schedule. The Architect’s elay or r’s submittal schedule and shall not unreasonably d The Architect shall review the Construction Manage§ 3.6.4.1§ 3.6.4 Submittals cations and Certificates for Payment. The Architect shall maintain a record of the Appli§ 3.6.3.3 m. money previously paid on account of the Contract Sufor what purpose the Construction Manager has used ascertained how or he Construction Manager’s right to payment, or (4) other data requested by the Owner to substantiate tand suppliers and opies of requisitions received from Subcontractors techniques, sequences or procedures, (3) reviewed cion means, methods, ity or quantity of the Work, (2) reviewed constructor continuous on-site inspections to check the qualde exhaustive t be a representation that the Architect has (1) ma The issuance of a Certificate for Payment shall no§ 3.6.3.2 qualifications expressed by the Architect. 4) specific m the Contract Documents prior to completion, and (inspections, (3) correction of minor deviations froquent tests and s upon Substantial Completion, (2) results of subsethe Work for conformance with the Contract Document1) an evaluation of ied. The foregoing representations are subject to (Manager is entitled to payment in the amount certif the Construction in accordance with the Contract Documents, and thatto the point indicated, the quality of the Work is ork has progressed rchitect’s knowledge, information and belief, the WApplication for Payment, that, to the best of the Action Manager’s ection 3.6.2 and on the data comprising the ConstruArchitect’s evaluation of the Work as provided in S, based on the ment shall constitute a representation to the Ownersuch amounts. The Architect’s certification for payficates in due the Construction Manager and shall issue certi The Architect shall review and certify the amounts§ 3.6.3.1nager § 3.6.3 Certificates for Payment to Construction Ma ontract Documents. Owner and Construction Manager as provided in the C between the Architect shall render initial decisions on Claimsthat term is defined in AIA Document A201–2017, theker, as e another person to serve as an Initial Decision Ma Unless the Owner and Construction Manager designat§ 3.6.2.5 Contract Documents. tent expressed in the tic effect shall be final if consistent with the inArchitect’s decisions on matters relating to aesthed in good faith. The for results of interpretations or decisions rendereshow partiality to either, and shall not be liable Manager, shall not aithful performance by both Owner and Construction decisions, the Architect shall endeavor to secure frpretations and g or in the form of drawings. When making such intefrom, the Contract Documents and shall be in writin inferable ll be consistent with the intent of, and reasonably Interpretations and decisions of the Architect sha§ 3.6.2.4 ptness. imits agreed upon or otherwise with reasonable promrequests shall be made in writing within any time lponse to such Owner or Construction Manager. The Architect’s resContract Documents on written request of either thehe oncerning performance under, and requirements of, t The Architect shall interpret and decide matters c§ 3.6.2.3 of the Work. s, or other persons or entities performing portionsSubcontractors, suppliers, their agents or employeeon Manager, r responsibility of the Architect to the Constructiexercise such authority shall give rise to a duty oo exercise or not to rchitect nor a decision made in good faith either tcompleted. However, neither this authority of the Ad, installed or act Documents, whether or not the Work is fabricateWork in accordance with the provisions of the Contrction or testing of the Architect shall have the authority to require inspeArchitect considers it necessary or advisable, the ver the t does not conform to the Contract Documents. Whene The Architect has the authority to reject Work tha§ 3.6.2.2 the Work. ies observed in Construction Manager, and (3) defects and deficiencmost recent construction schedule submitted by the s from the ns from the Contract Documents, (2) known deviationand promptly report to the Owner (1) known deviatio 330 under the Contract Documents. documentation required of the Construction Manager d (3) any other , or bonds indemnifying the Owner against liens; anaffidavits, receipts, releases and waivers of liensf final payment; (2) in or partial release of retainage or the making oconsent of surety or sureties, if any, to reductionager: (1) wing information received from the Construction Man The Architect shall forward to the Owner the follo§ 3.6.6.4 ork. if any, for final completion or correction of the Whe Contract Sum, Manager, including the amount to be retained from tContract Sum remaining to be paid the Construction of the Architect shall inform the Owner about the balance When Substantial Completion has been achieved, the§ 3.6.6.3 rected. Construction Manager of Work to be completed or corted by the fy the accuracy and completeness of the list submitrequirements of the Contract Documents and (2) verith the h the Owner to (1) check conformance of the Work wi The Architect’s inspections shall be conducted wit§ 3.6.6.2 Documents. Work complies with the requirements of the ContracArchitect’s knowledge, information, and belief, thehe final inspection indicating that, to the best of t issue a final Certificate for Payment based upon a.4 m the Construction Manager; and required by the Contract Documents and received froecords, written warranties and related documents forward to the Owner, for the Owner’s review and r.3 issue Certificates of Substantial Completion; .2 completion; of Substantial Completion and the date of final conduct inspections to determine the date or dates.1 The Architect shall: § 3.6.6.1§ 3.6.6 Project Completion hanges in the Work. The Architect shall maintain records relative to c§ 3.6.5.2 execution in accordance with the Contract Documentsoval and Construction Change Directives for the Owner’s appr4.2, the Architect shall prepare Change Orders and ubject to Section ontract Sum or an extension of the Contract Time. SDocuments and do not involve an adjustment in the C that are consistent with the intent of the Contract The Architect may order minor changes in the Work § 3.6.5.1§ 3.6.5 Changes in the Work Contract Documents. Manager in accordance with the requirements of the tion s and copies of submittals supplied by the Construc The Architect shall maintain a record of submittal§ 3.6.4.5 for information. e to the requests supplemental Drawings and Specifications in responsappropriate, the Architect shall prepare and issue mptness. If imits agreed upon, or otherwise with reasonable prorequests shall be made in writing within any time l response to such ure of the clarification requested. The Architect’sSpecifications in need of clarification and the natspecific Drawings or m, a detailed written statement that indicates the Requests for information shall include, at a minimu information. ntract Documents, the requirements for requests forDocuments. The Architect shall set forth, in the CoContract and respond to requests for information about the Subject to Section 4.2, the Architect shall review§ 3.6.4.4 design professionals. provided by such ervices, certifications, and approvals performed orresponsible for, the adequacy and accuracy of the son, and shall not be cuments. The Architect shall be entitled to rely upand the design concept expressed in the Contract Doformation given limited purpose of checking for conformance with inArchitect. The Architect’s review shall be for the n submitted to the als bear such professional’s seal and signature wheManager’s design professional, provided the submittthe Construction ttals related to the Work designed or certified by appropriate action on Shop Drawings and other submiw and take ch services must satisfy. The Architect shall revieappropriate performance and design criteria that sushall specify the to systems, materials, or equipment, the Architect or certifications by a design professional related n services Construction Manager to provide professional desig If the Contract Documents specifically require the§ 3.6.4.3 the item is a component. assembly of which f a specific item shall not indicate approval of ansequences or procedures. The Architect’s approval o 331 Agreement.) as an exhibit to this 4.1.2 below or attach the description of services description of the Supplemental Services in Sectional Service. Insert a responsible for providing the identified Supplementindicating whether the Architect or Owner shall be e Project by d the Owner’s Supplemental Services required for th(Designate the Architect’s Supplemental Services an Project. Supplemental Service is not being provided for the hat the listed or the Architect is designated, the parties agree taddressed in this Agreement, if neither the Owner nwise specifically Architect as provided in Section 11.2. Unless otherresponsibility, and the Owner shall compensate the he Architect’s if specifically designated in the table below as tshall provide the listed Supplemental Services only Architect c Services but may be required for the Project. The The services listed below are not included in Basi§ 4.1.1§ 4.1 Supplemental Services ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES performance. ity operations and onduct a meeting with the Owner to review the facilArchitect shall, without additional compensation, cetion, the tion of one year from the date of Substantial Compl Upon request of the Owner, and prior to the expira§ 3.6.6.5 332 exhibit.) an exhibit, identify the es identified in Section 4.1.1 or, if set forth in (Describe in detail the Owner’s Supplemental Servic below. is provided ied in Section 4.1.1 as the Owner’s responsibility A description of each Supplemental Service identif§ 4.1.2.2 « » rvices.) exhibit to describe the Architect’s Supplemental Se included as an Form of Architect’s Services documents that can bethe exhibit. The AIA publishes a number of Standard in an exhibit, identify rvices identified in Section 4.1.1 or, if set forth(Describe in detail the Architect’s Supplemental Se provided below. ity is ied in Section 4.1.1 as the Architect’s responsibil A description of each Supplemental Service identif§ 4.1.2.1§ 4.1.2 Description of Supplemental Services Other Supplemental Services 4.1.1. § ConsultantsOther services provided by specialty 4.1.1. § Furniture, furnishings, and equipment design 4.1.1. § Historic preservation 4.1.1. § 1.3Sustainable Project Services pursuant to Section 4. § 4.1.1. Commissioning§ 4.1.1.24 planningSecurity evaluation and 4.1.1. § Telecommunications/dat a design 4.1.1. § Architect’s coordination of the Owner’s consultants 4.1.1. § related services-Tenant 4.1.1. § Facility support services 94.1.1.1 § occupancy evaluation-Post § 4.1.1.18 constructed record drawings- 74.1.1.1 § designed record drawings- 64.1.1.1 § Conformed documents for construction 54.1.1.1 § site project representation- 4.1.1.14 § estimating Cost 4.1.1.13 § Value analysis § 4.1.1.12 Architectural interior design 14.1.1.1 § Landscape design 4.1.1. § Civil engineering 94.1.1. § construction use Development of Building Information Models for post § 4.1.1.8 responsibilities Building Information Model management 74.1.1. § Site evaluation and planning § 4.1.1.6 Existing facilities surveys 54.1.1. § Measured drawings 44.1. § Multiple Preliminary Designs 4.1.1. § Programming 24.1.1. § Construction ManagerAssistance with Selection of 4.1.1.1 § (Architect, Owner, or not provided)Responsib ility Supplemental Services 333 ner’s notice: provided prior to the Architect’s receipt of the Ow for the services rmination. The Owner shall compensate the Architectwritten notice to the Architect of the Owner’s dete shall give prompt r parts of the services are not required, the OwnerArchitect’s notice, the Owner determines that all o upon receipt of the acts and circumstances giving rise to the need. If,Owner with reasonable promptness, and explain the fs, notify the tect shall provide the following Additional ServiceTo avoid delay in the Construction Phase, the Archi§ 4.2.2 or Control Estimate. included in the Guaranteed Maximum Price Amendment and other documents resulting from substitutions Making revisions to the Drawings, Specifications, .15 Estimate; and anteed Maximum Price Amendment or Control assumptions and clarifications included in the Guarand other documents resulting from agreed-upon Making revisions to the Drawings, Specifications, .14 ging the Construction Manager; Services necessitated by the Owner’s delay in enga.13 n alternative project delivery method; Manager as constructor project delivery method to auction Manager or conversion of the Construction Services necessitated by replacement of the Constr.12 than the Architect; Assistance to the Initial Decision Maker, if other.11 ing from fire or other cause during construction; o Consultation concerning replacement of Work result.10 Architect is party thereto; the lution proceeding or legal proceeding, except where Preparation for, and attendance at, a dispute reso.9 ntation, meeting or hearing; Preparation for, and attendance at, a public prese.8 Construction Manager; or ate bid or proposal requests proposed by the Owner Preparation of design and documentation for altern.7 ts; contractors, or to other Owner- authorized recipiention for transmission to the Owner’s consultants an Preparing digital models or other design documenta.6 the Owner or the Owner’s consultants or contractorsor any other failure of performance on the part of er Construction Manager not rendered in a timely mann Services necessitated by decisions of the Owner or.5 with the applicable standard of care; ce se Instruments of Service were prepared in accordanrequirements of the Instruments of Service when thossuance of the building permit, or (b) contrary to authorities having jurisdiction made prior to the iapplicable er (a) contrary to specific interpretations by the applicable codes, laws or regulations that are eithns of s of Service necessitated by official interpretatio Changing or editing previously prepared Instrument.4 editing previously prepared Instruments of Service; or of codes, laws, or regulations, including changing Services necessitated by the enactment or revision.3 quality of materials, finishes, or equipment; s and in scope, capacities of basic systems, or the kindexcess is due to changes initiated by the Architectate exceeds the Owner’s budget, except where such Guaranteed Maximum Price proposal, or Control Estimuction Manager’s estimate of the Cost of the Work, when such revisions are required because the Constr), ther documents (as required pursuant to Section 6.7 Making revisions in Drawings, Specifications, or o.2.6; packages in addition to those listed in Section 1.1or bid e Owner’s schedule or budget for Cost of the Work, the Project including size, quality, complexity, throvals given by the Owner, or a material change in given by the Construction Manager or the Owner, appnformation, previous instructions or recommendation Services necessitated by a change in the Initial I.1 on: Architect receives the Owner’s written authorizatiprovide the following Additional Services until thehall not proceed to cumstances giving rise to the need. The Architect sreasonable promptness and explain the facts and cire Owner with Additional Services, the Architect shall notify th Upon recognizing the need to perform the following§ 4.2.1 Architect’s schedule. justment in the tion pursuant to Section 11.3 and an appropriate adSection 4.2 shall entitle the Architect to compensacordance with this e Architect, any Additional Services provided in acExcept for services required due to the fault of thhe Agreement. execution of this Agreement without invalidating tThe Architect may provide Additional Services after§ 4.2 Architect’s Additional Services 11.2. ed in Section The Owner shall compensate the Architect as providas Constructor Edition, attached to this Agreement.ction Manager t E234™–2019, Sustainable Projects Exhibit, Construthe Sustainability Services required in AIA Documenemental Service, Article 1, the Architect shall provide, as a Suppl If the Owner identified a Sustainable Objective in§ 4.1.3 « » 334 contingencies to cover such costs. e Project sufficient g, the Owner agrees to include in the budget for thselects accelerated, phased or fast-track schedulinthe Owner o remove and replace previously installed Work. If Documents, and costs for the Construction Manager t relevant Construction ments of the Project prior to the completion of allthe Project affected by procuring or installing eleredesign portions of ncurring costs for the Architect to coordinate and it associated risks. Such risks include the Owner i carries with fast-track scheduling provides a benefit, but also The Owner acknowledges that accelerated, phased or§ 5.3.1 change in the Project’s scope and quality. Manager, shall thereafter agree to a corresponding the Construction . The Owner and the Architect, in consultation withshall notify the Architect and Construction Managerork, the Owner decreases the Owner’s budget for the Cost of the Wcompletion. If the Owner significantly increases orect until final ct as necessary throughout the duration of the ProjOwner shall update the Owner’s budget for the Projeof these costs. The ; and, (3) reasonable contingencies related to all defined in Section 6.1; (2) the Owner’s other costsf the Work as he Project, including (1) the budget for the Cost o The Owner shall establish the Owner’s budget for t§ 5.3 agreement selected in Section 1.1.5. scribed in the rovide services, duties, and responsibilities as de The Owner shall retain a Construction Manager to p§ 5.2 special equipment; systems; and site requirements. ility; expandability; luding space requirements and relationships; flexibobjectives; schedule; constraints and criteria, inc forth the Owner’s roject, including a written program which shall setregarding requirements for and limitations on the Panner , the Owner shall provide information in a timely m Unless otherwise provided for under this Agreement§ 5.1ARTICLE 5 OWNER’S RESPONSIBILITIES as Additional Services. hall be compensated sion of the Architect’s services beyond that time sAgreement, through no fault of the Architect, extendate of this been completed within « » ( « » ) months of the If the services covered by this Agreement have not§ 4.2.5 providing those Construction Phase Services. dditional cost in ional Services to the extent the Architect incurs awhichever is earlier, shall be compensated as Additnd Contractor, ion identified in the agreement between the Owner aWork or (2) the initial date of Substantial Completl Completion of the more than 60 days after (1) the date of SubstantiaSection 4.2.3, Construction Phase Services providedet forth in and those services that do not exceed the limits s Except for services required under Section 3.6.6.5§ 4.2.4 ork to determine final completion « » ( « » ) inspections for any portion of the W.4 rements of the Contract Documents substantially complete in accordance with the requiork to determine whether such portion of the Work i « » ( « » ) inspections for any portion of the W.3 during construction « » ( « » ) visits to the site by the Architect .2 Construction Manager t Data item, sample and similar submittals of the « » ( « » ) reviews of each Shop Drawing, Produc.1 chitect shall notify the Owner: Services. When the limits below are reached, the Arional vices exceeding the limits set forth below as Addit The Architect shall provide Construction Phase Ser§ 4.2.3 from. revisions to Instruments of Service resulting thereConstruction Manager and making subsequent Evaluating substitutions proposed by the Owner or .5 itial Decision Maker; or Evaluating an extensive number of Claims as the In.4 paration or revision of Instruments of Service; Manager’s proposals and supporting data, or the preon irectives that require evaluation of the Constructi Preparing Change Orders, and Construction Change D.3 documentation; tion drawings, or prior Project correspondence or information, Construction Manager-prepared coordinants, field conditions, other Owner-provided careful study and comparison of the Contract Documeon is available to the Construction Manager from a with the Contract Documents or where such informati for information that are not prepared in accordance Responding to the Construction Manager’s requests .2 the Architect; f sequence from the submittal schedule approved by Reviewing a Construction Manager’s submittal out o.1 335 ights. tect to evaluate, give notice of, or enforce lien rinformation as necessary and relevant for the Archiuested from the Architect, the Owner shall furnish the req Within 15 days after receipt of a written request § 5.16 ation or progress. chitect access to the Work wherever it is in preparobligate the Construction Manager to provide the Ard shall e Project site prior to commencement of the Work an The Owner shall provide the Architect access to th§ 5.15 Conditions of the Contract for Construction. he General een the Owner and Construction Manager, including tthe Architect a copy of the executed agreement betwr shall provide ct’s services set forth in this Agreement. The OwneOwner and the Construction Manager with the Architeween the and responsibilities set forth in the Agreement bet The Owner shall coordinate the Architect’s duties § 5.14 nts shall be through the Architect. Communications by and with the Architect’s consultaject. Construction Manager otherwise relating to the Proany direct communications between the Owner and thect of the substance of lities. The Owner shall promptly notify the Architethe Architect’s services or professional responsibi to or affect nications with the Construction Manager that relate The Owner shall include the Architect in all commu§ 5.13 Service. hitect’s Instruments of ing errors, omissions or inconsistencies in the Arcaware of any fault or defect in the Project, includbecomes he Architect and Construction Manager if the Owner The Owner shall provide prompt written notice to t§ 5.12 meet the Owner’s needs and interests. reasonably necessary at any time for the Project toat may be ccounting services, including auditing services, th The Owner shall furnish all legal, insurance and a§ 5.11 materials. or air and water pollution, and tests for hazardousstructural, mechanical, and chemical tests, tests fh as orts required by law or the Contract Documents, suc The Owner shall furnish tests, inspections and rep§ 5.10 the services or work provided. rance, as appropriate to in insurance, including professional liability insurequire that its consultants and contractors mainta The Owner shall re reasonably required by the scope of the Project.requests such services and demonstrates that they ae, when the Architect e Architect to furnish them as an Additional Servicof the Architect in this Agreement, or authorize ths the responsibility rvices of consultants other than those designated aOwner’s consultants. The Owner shall furnish the seeen the Owner and the pies of the scope of services in the contracts betwthe Architect’s request, the Owner shall furnish cochitect. Upon consultants with those services provided by the Ar The Owner shall coordinate the services of its own§ 5.9 this Agreement. tached to it, Construction Manager as Constructor Edition, atAIA Document E234™–2019, Sustainable Projects Exhibities as required in Article 1, the Owner shall fulfill its responsibil If the Owner identified a Sustainable Objective in§ 5.8 4.1.1. designated as the Owner’s responsibility in Section The Owner shall provide the Supplemental Services § 5.7 recommendations. ports and appropriate or anticipating subsoil conditions, with written reresistivity tests, including necessary operations fund corrosion tests and ons of hazardous materials, seismic evaluation, groof soil bearing values, percolation tests, evaluati, determinations ngineers, which may include test borings, test pits The Owner shall furnish services of geotechnical e§ 5.6 benchmark. o a Project the information on the survey shall be referenced tand below grade, including inverts and depths. All nd private, above available utility services and lines, both public aimprovements and trees; and information concerning gs, other her necessary data with respect to existing buildincontours of the site; locations, dimensions, and otoundaries and ements, encroachments, zoning, deed restrictions, badjacent drainage; rights-of-way, restrictions, easgnated wetlands; vements and adjoining property and structures; desiapplicable, grades and lines of streets, alleys, paall include, as n of the site. The surveys and legal information shsite of the Project, and a written legal descriptioocations for the al characteristics, legal limitations and utility l The Owner shall furnish surveys to describe physic§ 5.5 Architect’s services. delay in the orderly and sequential progress of theid unreasonable ect’s submittals in a timely manner in order to avoOwner shall render decisions and approve the Archit Project. The ed to act on the Owner’s behalf with respect to the The Owner shall identify a representative authoriz§ 5.4 336 information for its use on the Project. er to transmit such nformation or has permission from the copyright owntransmitting party is the copyright owner of such ition, the itting Instruments of Service, or any other informa The Architect and the Owner warrant that in transm§ 7.1ARTICLE 7 COPYRIGHTS AND LICENSES nt. kinds and quality of materials, finishes or equipme, basic systems, or the due to changes initiated by the Architect in scopefor the Cost of the Work, except when the excess isOwner’s budget rice proposal, or Control Estimate that exceed the subsequent cost estimates, the Guaranteed Maximum P Manager’s or other documents necessitated by the Constructionrequired revisions to the Drawings, Specifications , make any 6.6, the Architect shall, as an Additional Service After incorporation of modifications under Section§ 6.7 under this Article 6. ct’s responsibility n Documents Phase shall be the limit of the Archite6.5.1. The Architect’s revisions in the Constructio under Section velopment Phase Services, or the budget as adjustedCost of the Work at the conclusion of the Design Debudget for the ents Phase as necessary to comply with the Owner’s incorporate the revisions in the Construction Documshall 3, the Architect, without additional compensation, If the Owner chooses to proceed under Section 6.5.§ 6.6 e. implement any other mutually acceptable alternativ.4 as required to reduce the Cost of the Work; or ality n Manager, revise the Project program, scope, or qu in consultation with the Architect and Constructio.3 terminate in accordance with Section 9.5; .2 for the Cost of the Work; give written approval of an increase in the budget.1, the Owner shall exceeds the Owner’s budget for the Cost of the Workpment Phase of the Work at the conclusion of the Design Develo If the Construction Manager’s estimate of the Cost§ 6.5 ect in making such adjustments. Work, and the Owner shall cooperate with the Architr the Cost of the to adjust the Project’s size, quality or budget foshall make appropriate recommendations to the Ownertruction Manager, Work, the Architect, in consultation with the ConsWork exceeds the Owner’s budget for the Cost of thee Cost of the nt Phase, the Construction Manager’s estimate of thIf, prior to the conclusion of the Design Developme§ 6.4 shall work together to reconcile the cost estimatesnstruction Manager rchitect’s cost estimates, the Architect and the Cothe Construction Manager’s cost estimates and the Axists between ices as a Supplemental Service, and a discrepancy e If the Architect is providing cost estimating serv§ 6.3.1 such review. l inaccuracies and inconsistencies noted during anythe Architect shall report to the Owner any materiaervices, however, for the Architect’s guidance in completion of its sreview the Construction Manager’s estimates solely . The Architect may tions the Architect could not reasonably anticipatein preparing cost estimates, or due to market condi incompleteness d due to the Construction Manager’s inaccuracies orDrawings, Specifications or other documents requireevisions to the rchitect shall prepare, as an Additional Service, rArchitect progresses with its Basic Services. The Aepares as the of the Cost of the Work the Construction Manager prrely on the accuracy and completeness of estimates ct shall be entitled to s in estimates of the Cost of the Work. The Architenegotiating, price escalation, and market conditionding or o include appropriate contingencies for design, bid The Owner shall require the Construction Manager t§ 6.3 the Architect’s judgment as a design professional. the Work represent Evaluations of the Owner’s budget for the Cost of the Project as required under Sections 5.3 and 6.4.sted throughout vided in the Initial Information, and shall be adju The Owner’s budget for the Cost of the Work is pro§ 6.2 Owner. ; or other costs that are the responsibility of thefinancing, or contingencies for changes in the Workghts-of-way, struction Phase services; the costs of the land, ricompensation of the Construction Manager for Precone Architect; the of the Work does not include the compensation of thto, or otherwise furnished by, the Owner. The Cost equipment, donated ludes the reasonable value of labor, materials, andoverhead, and profit. The Cost of the Work also incl conditions costs, and shall include the Construction Manager’s generathe Project designed or specified by the Architect t all elements of rk shall be the total cost to the Owner to construc For purposes of this Agreement, the Cost of the Wo§ 6.1ARTICLE 6 COST OF THE WORK 337 cept as specifically provided in Section 9.7. to either party’s termination of this Agreement, exsequential damages due aiver is applicable, without limitation, to all conout of or relating to this Agreement. This mutual wn arising s for claims, disputes, or other matters in questio The Architect and Owner waive consequential damage§ 8.1.4 ed by this Agreement. available proceeds of the insurance coverage require limited to the ndemnify the Owner under this Section 8.1.3 shall binclude a duty to defend. The Architect’s duty to i does not ner and the Owner’s officers and employees harmlessArchitect’s obligation to indemnify and hold the Owreement. The performance of professional services under this AgArchitect, its employees and its consultants in thes or omissions of the to the extent they are caused by the negligent actexpenses recoverable under applicable law, but onlyneys’ fees and claims by third parties, including reasonable attoragainst damages, losses and judgments arising from and nd the Owner’s officers and employees harmless from The Architect shall indemnify and hold the Owner a§ 8.1.3 ated herein. imilar waivers in favor of the other parties enumerconsultants, agents and employees of any of them, sr, contractors, propriate, shall require of the Construction Managefor Construction. The Owner or the Architect, as apof the Contract orth in AIA Document A201–2017, General Conditions may have to the proceeds of such insurance as set fsuch rights as they nts and employees of the other for damages, except other and against the contractors, consultants, ageinst each rance, the Owner and Architect waive all rights aga To the extent damages are covered by property insu§ 8.1.2 th this Section 8.1.1. and causes of action not commenced in accordance wiaive all claims l Completion of the Work. The Owner and Architect wnot more than 10 years after the date of Substantia, but in any case t and within the period specified by applicable lawdispute resolution method selected in this Agreemens of the binding t, or otherwise, in accordance with the requirementrelated to this Agreement, whether in contract, torout of or and causes of action against the other and arising The Owner and Architect shall commence all claims § 8.1.1§ 8.1 General ARTICLE 8 CLAIMS AND DISPUTES Agreement. tion of this visions of this Article 7 shall survive the termina Except as otherwise stated in Section 7.3, the pro§ 7.5 ts. lity to the Architect and the Architect’s consultanshall be at the Owner’s sole risk and without liabitruments of Service t of the Architect. Any unauthorized use of the Insto another party without the prior written agreemenense granted herein e, sublicense, pledge or otherwise transfer any licthis Agreement. The Owner shall not assign, delegator implied under no other license or right shall be deemed granted Except for the licenses granted in this Article 7,§ 7.4 under Section 9.4. Agreement for cause l not apply if the Owner rightfully terminates thisSection 7.3.1. The terms of this Section 7.3.1 shalf Service under this ses arise from the Owner’s use of the Instruments operson or entity to the extent such costs and expenerted by any third defense, related to claims and causes of action assfrom all costs and expenses, including the cost of and its consultants agrees to indemnify and hold harmless the ArchitectThe Owner, to the extent permitted by law, further ising from such uses. nsultant(s) from all claims and causes of action arthe Owner releases the Architect and Architect’s cots of Service, vice without retaining the authors of the Instrumen In the event the Owner uses the Instruments of Ser§ 7.3.1 3 shall terminate. Section 9.4, the license granted in this Section 7.terminates this Agreement for cause as provided in hitect rightfully ervices or construction for the Project. If the Arc1.3, solely and exclusively for use in performing sursuant to Section of Service, subject to any protocols established pto reproduce applicable portions of the Instrumentsarate contractors, ppliers, as well as the Owner’s consultants and sepManager, Subcontractors, Sub-subcontractors, and suthe Construction under this section permits the Owner to authorize consistent with this Agreement. The license granteds consultants n similar nonexclusive licenses from the Architect’Article 9 and Article 11. The Architect shall obtai pursuant to greement, including prompt payment of all sums due,substantially performs its obligations under this Aided that the Owner intaining, altering and adding to the Project, provexclusively for purposes of constructing, using, mae solely and icense to use the Architect’s Instruments of Servic The Architect grants to the Owner a nonexclusive l§ 7.3 ants. rights of the Architect and the Architect’s consulttion of the reserved ect is not to be construed as publication in derogaor for similar purposes in connection with the Projgulatory requirements ution of Instruments of Service to meet official rerights, including copyrights. Submission or distribother reserved ns, and shall retain all common law, statutory and of Service, including the Drawings and Specificatioive Instruments l be deemed the authors and owners of their respect The Architect and the Architect’s consultants shal§ 7.2 338 reof. applicable law in any court having jurisdiction theance with inal, and judgment may be entered upon it in accord The award rendered by the arbitrator(s) shall be f§ 8.3.3 having jurisdiction thereof. able law in any court specifically enforceable in accordance with applicconsented to by parties to this Agreement, shall bentity duly eements to arbitrate with an additional person or eThe foregoing agreement to arbitrate, and other agr§ 8.3.2 on the claim, dispute or other matter in question.institution of legal or equitable proceedings basedl constitute the person or entity administering the arbitration shalreceipt of a written demand for arbitration by the imitations purposes, applicable statute of limitations. For statute of lor other matter in question would be barred by the ed on the claim, dispute e institution of legal or equitable proceedings basin no event shall it be made after the date when thmediation, but than concurrently with the filing of a request for A demand for arbitration shall be made no earlier § 8.3.1.1 tion. with the person or entity administering the arbitraeement, and filed n writing, delivered to the other party to this AgrAgreement. A demand for arbitration shall be made ie date of this truction Industry Arbitration Rules in effect on thArbitration Association in accordance with its Consered by the American parties mutually agree otherwise, shall be administshall be subject to arbitration, which, unless the solved by, mediation or related to this Agreement subject to, but not redispute or other matter in question arising out of nt, any claim, thod for binding dispute resolution in this Agreeme If the parties have selected arbitration as the me§ 8.3.1 § 8.3 Arbitration competent jurisdiction. gation, the dispute will be resolved in a court of a binding dispute resolution method other than litiy agree in writing to f binding dispute resolution, or do not subsequentlIf the Owner and Architect do not select a method o « » (Specify) Other: \]« »\[ Litigation in a court of competent jurisdiction \]« »\[ nt Arbitration pursuant to Section 8.3 of this Agreeme \] « »\[ (Check the appropriate box.) resolution shall be the following: binding dispute diation pursuant to this Section 8.2, the method of If the parties do not resolve a dispute through me§ 8.2.4 aving jurisdiction thereof. enforceable as settlement agreements in any court hediation shall be on is mutually agreed upon. Agreements reached in mwhere the Project is located, unless another locatin the place filing fees equally. The mediation shall be held i The parties shall share the mediator’s fee and any§ 8.2.3 proceedings. pon a schedule for later d to the selection of the arbitrator(s) and agree uto this section, the parties may nonetheless proceeding is stayed pursuant he parties or court order. If an arbitration proceeunless stayed for a longer period by agreement of the date of filing, ed pending mediation for a period of 60 days from tdispute resolution proceedings, which shall be stayce of binding ut, in such event, mediation shall proceed in advanappropriate demand for binding dispute resolution bt or other be made concurrently with the filing of a complainentity administering the mediation. The request mayled with the person or ivered to the other party to this Agreement, and firequest for mediation shall be made in writing, del this Agreement. A ustry Mediation Procedures in effect on the date ofAssociation in accordance with its Construction Indrbitration otherwise, shall be administered by the American Amediation, which, unless the parties mutually agreeeen them by claims, disputes and other matters in question betw The Owner and Architect shall endeavor to resolve § 8.2.2 er by mediation or by binding dispute resolution. or filing deadlines prior to resolution of the matt with the lien notice proceed in accordance with applicable law to complyout of the Architect’s services, the Architect may subject of a lien arising te resolution. If such matter relates to or is the mediation as a condition precedent to binding dispusubject to ising out of or related to this Agreement shall be Any claim, dispute, or other matter in question ar§ 8.2.1§ 8.2 Mediation 339« » Termination Fee:.1 licensing fee.) mination or icensing fee, or the method for determining any ter(Set forth below the amount of any termination or l Architect the following fees: shall pay to the s this Agreement pursuant to Section 9.3, the Ownerpursuant to Section 9.5, or the Architect terminatevenience if the Owner terminates this Agreement for its con In addition to any amounts paid under Section 9.6,§ 9.7 termination of consultant agreements. e to the Architect’s ble to termination, including the costs attributablReimbursable Expenses incurred, and costs attributaor to termination, compensate the Architect for services performed priAgreement pursuant to Section 9.3, the Owner shall terminates this venience pursuant to Section 9.5, or the Architect If the Owner terminates this Agreement for its con§ 9.6 Owner’s convenience and without cause. for the ss than seven days’ written notice to the Architect The Owner may terminate this Agreement upon not le§ 9.5 termination. initiating the ms of this Agreement through no fault of the party substantially to perform in accordance with the terher party fail less than seven days’ written notice should the ot Either party may terminate this Agreement upon not§ 9.4 g not less than seven days’ written notice. the Architect may terminate this Agreement by givinf the Architect, cumulative days for reasons other than the fault o If the Owner suspends the Project for more than 90§ 9.3 equitably adjusted. chedules shall be ct’s fees for the remaining services and the time sresumption of the Architect’s services. The Architehe interruption and ect shall be compensated for expenses incurred in tsuspension. When the Project is resumed, the Archit notice of such hall be compensated for services performed prior to If the Owner suspends the Project, the Architect s§ 9.2 schedules shall be equitably adjusted. es and the time ices. The Architect’s fees for the remaining servicinterruption and resumption of the Architect’s serv incurred in the t all sums due prior to suspension and any expensesresuming services, the Owner shall pay the Architecices. Before caused the Owner because of such suspension of servhave no liability to the Owner for delay or damage , the Architect shall services. In the event of a suspension of servicesdays’ written notice to the Owner before suspendingct shall give seven e Architect elects to suspend services, the Architeperformance of services under this Agreement. If thor suspension of termination or, at the Architect’s option, cause fconsidered substantial nonperformance and cause forshall be ct in accordance with this Agreement, such failure If the Owner fails to make payments to the Archite§ 9.1ARTICLE 9 TERMINATION OR SUSPENSION termination of this Agreement. The provisions of this Article 8 shall survive the § 8.4 under this Agreement. Owner and Architect he same rights of joinder and consolidation as the Section 8.3, whether by joinder or consolidation, this ty made a party to an arbitration conducted under tThe Owner and Architect grant to any person or enti§ 8.3.4.3 in the written consent. dispute or other matter in question not described not constitute consent to arbitration of any claim,l person or entity shall nder. Consent to arbitration involving an additionasought to be joined consents in writing to such joi, provided that the party if complete relief is to be accorded in arbitrationquestion of law or fact whose presence is required ed in a common by joinder persons or entities substantially involv Either party, at its sole discretion, may include § 8.3.4.2 ules and methods for selecting arbitrator(s). arbitrations employ materially similar procedural rr fact; and (3) the ted substantially involve common questions of law oconsolidation; (2) the arbitrations to be consolidaitration permits ) the arbitration agreement governing the other arbarbitration to which it is a party provided that (1ith any other ate an arbitration conducted under this Agreement w Either party, at its sole discretion, may consolid§ 8.3.4.1§ 8.3.4 Consolidation or Joinder 340 n to its employees, e receiving party may also disclose such informatioreceiving party to defend itself in any dispute. Thy necessary for the ity, or to the extent such information is reasonabllegal process issued by a court or governmental entorm of compulsory er, or court order, including a subpoena or other fother party, when required by law, arbitrator’s ordotice to the "business proprietary" information after 7 days’ n The receiving party may disclose "confidential" or§ 10.8.1 l survive the termination of this Agreement. set forth in Section 10.8.1. This Section 10.8 shal other person except as ictly confidential and shall not disclose it to anythe receiving party shall keep such information str proprietary,” cifically designated as “confidential” or “business If the Architect or Owner receives information spe§ 10.8 t for cause pursuant to Section 9.4. Agreement unless the Owner terminates this Agreemenrmination of this the Project. This Section 10.7 shall survive the teArchitect in the Owner’s promotional materials for ional credit for the ial or proprietary. The Owner shall provide professinformation considered by the Owner to be confidentf the specific r has previously advised the Architect in writing oconfidential or proprietary information if the Ownehe Owner’s ever, the Architect’s materials shall not include tcompleted Project to make such representations. Howaccess to the materials. The Architect shall be given reasonable among the Architect’s promotional and professional of the Project ographic or artistic representations of the design The Architect shall have the right to include phot§ 10.7 Project site. n any form at the rsons to, hazardous materials or toxic substances ihandling, removal or disposal of, or exposure of pevery, presence, rchitect shall have no responsibility for the disco Unless otherwise required in this Agreement, the A§ 10.6 third party against either the Owner or Architect. n in favor of, a contractual relationship with, or a cause of actio Nothing contained in this Agreement shall create a§ 10.5 scope of this Agreement. knowledge, services, or responsibilities beyond thents that would require ll not be required to execute certificates or conseleast 14 days prior to execution. The Architect shachitect for review at rovided the proposed consent is submitted to the Arconsents that are consistent with this Agreement, pshall execute all such o facilitate assignment to a lender, the Architect Architect to execute consents reasonably required the Owner requests the ays prior to the requested dates of execution. If tsubmitted to the Architect for review at least 14 des shall be tificates, the proposed language of such certificat If the Owner requests the Architect to execute cer§ 10.4 Owner prior to the assignment. rchitect by the this Agreement, including any payments due to the Ato assume the Owner’s rights and obligations under if the lender agrees ent to a lender providing financing for the Projectother, except that the Owner may assign this Agreem consent of the ect shall assign this Agreement without the writtento this Agreement. Neither the Owner nor the Architrepresentatives lves, their agents, successors, assigns, and legal The Owner and Architect, respectively, bind themse§ 10.3 shall mean the Construction Manager. in A201–2017 d in this Agreement. The term “Contractor” as used of the Contract for Construction, except as modifietions g as those in AIA Document A201–2017, General Condi Terms in this Agreement shall have the same meanin§ 10.2 Arbitration Act shall govern Section 8.3. ion, the Federal rbitration as the method of binding dispute resolutchoice of law rules. If the parties have selected a jurisdiction’s place where the Project is located, excluding that This Agreement shall be governed by the law of the§ 10.1ARTICLE 10 MISCELLANEOUS PROVISIONS set forth in Article 7 and Section 9.7. s Agreement are nts of Service in the event of a termination of thi The Owner’s rights to use the Architect’s Instrume§ 9.9 Completion. of Substantial s Agreement shall terminate one year from the date Except as otherwise expressly provided herein, thi§ 9.8 « » g the Architect’s Instruments of Service:Licensing Fee if the Owner intends to continue usin.2 341 « » percent ( « » Construction Phase « » percent ( « » Construction Documents Phase « » percent ( « » Design Development Phase « » percent ( « » atic Design PhaseSchem follows: compensation for each phase of services shall be ason of stipulated sum or a percentage basis, the proporti When compensation for Basic Services is based on a§ 11.5 « » Services.) dditional t’s consultants’ compensation for Supplemental or A(Insert amount of, or basis for computing, Architec s follows: to the Architect plus « » percent ( « » %), or aSections 11.2 or 11.3, shall be the amount invoicedd in ces of the Architect’s consultants when not include Compensation for Supplemental and Additional Servi§ 11.4 « » (Insert amount of, or basis for, compensation.) Owner shall compensate the Architect as follows: n 4.2, the course of the Project, including those under Sectio For Additional Services that may arise during the § 11.3 « » compensation apply.) r methods of ecessary, list specific services to which particula(Insert amount of, or basis for, compensation. If n te the Architect as follows: pursuant to Section 4.1.3, the Owner shall compensaices required ed in Section 4.1.1 and for any Sustainability Serv For the Architect’s Supplemental Services designat§ 11.2 « » (Describe the method of compensation) Other .3 11.6. calculated in accordance with Section f the Work, as« » (« » ) % of the Owner’s budget for the Cost o (Insert percentage value) Percentage Basis .2 « » (Insert amount) Stipulated Sum .1 t as follows: Article 3, the Owner shall compensate the Architec For the Architect’s Basic Services described under§ 11.1ARTICLE 11 COMPENSATION the Agreement. and purposes in executing by law, to give effect to the parties’ intentions shall be construed, to the fullest extent permittedch case the Agreement to make that provision legal and enforceable. In suprovision shall be revised to the extent necessary forceable, then that t violates any law, or is otherwise invalid or unenit is determined that any provision of the Agreemenprovisions. If hall not invalidate the Agreement or its remaining The invalidity of any provision of the Agreement s§ 10.9 forth in this Section 10.8. ch information as set to the restrictions on the disclosure and use of suemployees, consultants and contractors are subject t, provided those vices or work solely and exclusively for the Projecconsultants, or contractors in order to perform ser 342 chitect.) 2.6, and for which the Owner shall reimburse the Arnts set forth in Section equired to obtain in order to satisfy the requireme(Insert the additional coverages the Architect is r below: Architect for the additional coverages as set forthcurred by the shall pay the Architect for the additional costs inlimits the Architect normally maintains, the Owner ction 2.6 are in addition to the types and If the types and limits of coverage required in Se§ 11.9 Architect’s Insurance. nses incurred. consultants plus « » percent ( « » %) of the expechitect’s e the expenses incurred by the Architect and the Ar For Reimbursable Expenses the compensation shall b§ 11.8.2 Other similar Project-related expenditures. .12 achieve the Sustainable Objective; and ssary to e Certifying Authority or by other entities as nece Registration fees and any other fees charged by th.11 Site office expenses; .10 eimbursable expenses; All taxes levied on professional services and on r.9 consultants; f that normally maintained by the Architect’s additional insurance coverage or limits in excess oted exclusively to this Project, or the expense of expenses of professional liability insurance dedicaor written approval, the Architect’s consultants’ If required by the Owner, and with the Owner’s pri.8 by the Owner or required for the Project; l photography, and presentation materials requested Renderings, physical models, mock-ups, professiona.7 ular rates, if authorized in advance by the Owner; Expense of overtime work requiring higher than reg.6 Postage, handling, and delivery; .5 documents; Printing, reproductions, plots, and standard form .4 having jurisdiction over the Project; Permitting and other fees required by authorities .3 and extranets; cation services, teleconferences, Project web sites Long distance services, dedicated data and communi.2 nd subsistence; Transportation and authorized out-of-town travel a.1 ject, as follows: Architect’s consultants directly related to the Proinclude expenses incurred by the Architect and the s and ion for Basic, Supplemental, and Additional Service Reimbursable Expenses are in addition to compensat§ 11.8.1§ 11.8 Compensation for Reimbursable Expenses ($0.00) Rate Employee or Category « » rates or insert them below.) (If applicable, attach an exhibit of hourly billing ces. s and Architect’s consultants’ normal review practishall be adjusted in accordance with the Architect’below. The rates tect and the Architect’s consultants are set forth The hourly billing rates for services of the Archi§ 11.7 whether or not the Construction Phase is commenced.rvices performed sation in accordance with this Agreement for all seportions. The Architect shall be entitled to compene performed on those Project shall be payable to the extent services arconstructed, compensation for those portions of theot portions of the Project are deleted or otherwise n When compensation is on a percentage basis and any§ 11.6.1 ork. updates to the Owner’s budget for the Cost of the Won subsequent ious progress payments shall not be adjusted based for the Cost of the Work. Compensation paid in prevmost recent budget centages identified in this Article by the Owner’s Services shall be calculated by multiplying the perse of Basic a percentage basis, progress payments for each pha When compensation identified in Section 11.1 is on§ 11.6 Phase of Services, as appropriate. es performed in each ermitted to invoice monthly in proportion to servicsimultaneously. Therefore, the Architect shall be pe Phases Architect may be providing its services in multiplManager as constructor project delivery method, thestruction ject delivery, multiple bid package process, or ConThe Owner acknowledges that with an accelerated Pro 100 percent ( one hundred Total Basic Compensation 343 « » o this agreement.) (Insert the date of the E234-2019 incorporated int Constructor Edition dated as indicated below. it, Construction Manager as AIA Document E234™–2019, Sustainable Projects Exhib \] « »\[ rated into this Agreement.) (Check the appropriate box for any exhibits incorpo Exhibits: .3« » o this agreement.) (Insert the date of the E203-2013 incorporated int indicated below, if completed, or the following: ling and Digital Data Exhibit, dated as AIA Document E203™–2013, Building Information Mode.2 Manager as Constructor Edition etween Owner and Architect, Construction AIA Document B133™–2019, Standard Form Agreement B.1 ents identified below: This Agreement is comprised of the following docum§ 13.2 and Architect. only by written instrument signed by both the Ownernt may be amended or agreements, either written or oral. This Agreemesupersedes all prior negotiations, representations d agreement between the Owner and the Architect and This Agreement represents the entire and integrate§ 13.1ARTICLE 13 SCOPE OF THE AGREEMENT « » his Agreement.) (Include other terms and conditions applicable to t ment are as follows: Special terms and conditions that modify this Agree ARTICLE 12 SPECIAL TERMS AND CONDITIONS times. ll be available to the Owner at mutually convenientservices performed on the basis of hourly rates shaing to Supplemental and Additional Services, and Records of Reimbursable Expenses, expenses pertain§ 11.10.2.3 ng. he amounts in a binding dispute resolution proceedithe Architect agrees or has been found liable for ts in the Work, unless ed by or paid to contractors for the cost of changedamages on the Architect, or to offset sums requestted itect’s compensation to impose a penalty or liquida The Owner shall not withhold amounts from the Arch§ 11.10.2.2 « » % « » pon.) (Insert rate of monthly or annual interest agreed u itect. time at the principal place of business of the Arche prevailing from time to d below, or in the absence thereof at the legal ratinvoice date shall bear interest at the rate entere) days after the he Architect’s invoice. Amounts unpaid « » ( « » Payments are due and payable upon presentation of tmed. ll be made monthly in proportion to services perfor Unless otherwise agreed, payments for services sha§ 11.10.2.1§ 11.10.2 Progress Payments e the expense is incurred. shall be credited to the Owner’s account at the timertifying Authority ty Certification. The Architect’s payments to the CAuthority and necessary to achieve the Sustainabilito the Certifying ement for registration fees and other fees payable ($ « » ) shall be made upon execution of this Agrehitect of « » ustainable Objective, an initial payment to the Arc If a Sustainability Certification is part of the S§ 11.10.1.2 to the Owner’s account in the final invoice. payment under this Agreement. It shall be credited upon execution of this Agreement and is the minimu An initial payment of « » ($ « » ) shall be made§ 11.10.1.1§ 11.10.1 Initial Payments § 11.10 Payments to the Architect « » 344 ), and license number, if requiredtitle(Printed name (Printed name and title) « »« » « »« » (Signature)ARCHITECT (Signature)OWNER first written above. This Agreement entered into as of the day and year « » Agreement.) (List other documents, if any, forming part of the Other documents: .4 « » ction 4.1.2.) and scopes of services identified as exhibits in Seinto this Agreement, including any exhibits (Clearly identify any other exhibits incorporated Other Exhibits incorporated into this Agreement: \]« »\[ 345 15 CLAIMS AND DISPUTES 14 TERMINATION OR SUSPENSION OF THE CONTRACT 13 MISCELLANEOUS PROVISIONS 12 UNCOVERING AND CORRECTION OF WORK 11 INSURANCE AND BONDS 10 PROTECTION OF PERSONS AND PROPERTY 9 PAYMENTS AND COMPLETION 8 TIME 7 CHANGES IN THE WORK 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 5 SUBCONTRACTORS 4 ARCHITECT 3 CONTRACTOR 2 OWNER 1 GENERAL PROVISIONS TABLE OF ARTICLES « » « »« » (Name, legal status and address) THE ARCHITECT: « » « »« » (Name, legal status and address) THE OWNER: « » « » (Name and location or address) for the following PROJECT: 346 9.8.3, 9.8.4, 9.8.5 Certificate of Substantial Completion 1.3 Capitalization 3.7.1 Building Permit 1.8Building Information Models Use and Reliance 11.5, 11.1.3, 11.1.2 7.3.4.4, 9.6.7, 9.10.3, Bonds, Performance, and Payment 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Lien 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 2.5, 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.Binding Dispute Resolution 1.1.1 Bidding Requirements 1.1 Basic Definitions 5.2 Portions of the Work Award of Subcontracts and Other Contracts for 6.1.1, 6.1.2 Award of Separate Contracts 3.18.1, 9.6.8, 9.10.2, 10.3.3 Attorneys’ Fees 10.3.1 Asbestos 3.4 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 1Architect’s Site Visits 9.4.2, 9.5.1, 9.10.1 Architect’s Representations 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Relationship with Subcontractors , 15.2 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4.4, 9.5, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 93.16, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 1, 3.4.2, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.Architect’s Relationship with Contractor 4.2.10 Architect’s Project Representative 4.2.11, 4.2.12 Architect’s Interpretations 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Instructions 3.4 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 1Architect’s Inspections 13.4.2, 15.2 9.9.1, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4,, 6.3, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14Architect’s Decisions 1.1.7, 1.5 Architect’s Copyright 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Authority to Reject Work 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Approvals 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Administration of the Contract 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Additional Services and Expenses 9.5.4, 9.6.4, 15.1.4, 15.2 .4.2, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9, 4.2.3, 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2ity Architect, Limitations of Authority and Responsibil13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 12.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 4, 9.2, 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.Architect, Extent of Authority 4.1.1 , Definition of ArchitectARCHITECT 15.4 8.3.1, 15.3.2, Arbitration 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, Approvals , 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 9.3 4.2.5, 7.3.9, 9.2, Applications for Payment 3.8Allowances 4.2.13 Aesthetic Effect 1.1.1 Advertisement or Invitation to Bid , 9.4, 9.5 4.2 3.1.3, Administration of the Contract 15.1.6 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, Additional Time, Claims for 13.4 9.4.2, 9.8.3, 12.2.1, Additional Inspections and Testing 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Costs, Claims for 1.1.1 Addenda 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 .5, 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2Acts and Omissions 10 Accident Prevention , 6.2.1, 12.1 3.16Access to Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Acceptance of Work 12.3 9.6.6, 9.9.3, Acceptance of Nonconforming Work (Topics and numbers in bold are Section headings.) INDEX 347, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 3.10Schedules Contractor’s Construction and Submittal 3.1, 6.1.2 Contractor, Definition of CONTRACTOR 8.1.1 , Definition of Contract Time 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 .1.2, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 121.1, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8..1.5, 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6Contract Time 9.1 , Definition of Contract Sum 15.1.5, 15.2.5 12.3, 14.2.4, 14.3.2, 15.1.4.2, .1.2, , 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12 9.1, 7.4, 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3 Contract Sum 1.1.1 , Definition of Contract Documents 1.5.2, 2.3.6, 5.3 Contract Documents, Copies Furnished and Use of 3.7.1, 3.10, 5.2, 6.1 to Contract Award and Execution, Conditions Relating 3.1.3, 4, 9.4, 9.5 Contract Administration 14 5.4.1.1, 5.4.2, 11.5, SUSPENSION OF THE CONTRACT, TERMINATION OR 1.1.2 , Definition of Contract15.1.4 Continuing Contract Performance , 14.2.2.2 5.4Contingent Assignment of Subcontracts 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Construction Schedules, Contractor’s 9.3.1.1 , 7.3 1.3, 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.Construction Change Directives 7.3.1 , Definition of Construction Change Directive 1.1.4, SEPARATE CONTRACTORS CONSTRUCTION BY OWNER OR BY 15.4.4 Consolidation or Joinder 15.4.4.2 13.2, 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3,Consent, Written 1.1.1, 6.1.1, 6.1.4 Conditions of the Contract 3.7.4, 4.2.8, 8.3.1, 10.3 Concealed or Unknown Conditions 15.4.2, 15.4.3 8, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.2, 13.1, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.Compliance with Laws 9.10.3, 12.2, 15.1.2 .1, 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9Completion, Substantial COMPLETION, PAYMENTS AND 9.10, 12.2, 14.1.2, 15.1.2 .9.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9Completion, Conditions Relating to 4.2.4 3.9.1, Communications 8.1.2 , Definition of Commencement of the Work 15.1.5 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 5.2.3, 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, Commencement of the Work, Conditions Relating to , 6.3 3.15Cleaning Up 15.4.1 Claims Subject to Arbitration 11.3.2, 14.2.4, 15.1.7 1.3, 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 1Claims for Damages 3.7.4 Concealed or Unknown Conditions, Claims for 15.1.6 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, Claims for Additional Time 15.1.5 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, Claims for Additional Cost 15.4.1 Claims and Timely Assertion of Claims , 15.4 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, CLAIMS AND DISPUTES 1.6.2, 15.1.3 Claims, Notice of 15.1.1 , Definition of Claims 11.5 , 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 7 2.2.2, 3.11, 4.2.8, CHANGES IN THE WORK 7.2.1 , Definition of Change Orders 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 , 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 7.2 7.1.2, 7.1.3, 5.2.3, 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, Change Orders 9.10.2 Certificates of Insurance 13.4.4 Certificates of Inspection, Testing or Approval 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 , 9.5, 9.6.1, 9.6.6, 9.7, 9.4 4.2.1, 4.2.5, 4.2.9, 9.3.3, Certificates for Payment 348 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.49.5.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 1, 3.7.1, 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.Execution and Progress of the Work 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 5.1.3, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9..15.1, 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3Equipment, Labor, or Materials 10.3.3, 11.3, 14.1, 14.2.1.1 2, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.Employees, Contractor’s 15.1.5, 14.1.1.2, 10.4Emergencies 8.2.2 Effective Date of Insurance 3.11 Drawings and Specifications, Use and Ownership of 1.1.5 , Definition of Drawings3.11 Documents and Samples at the Site 6.3, 7.3.9, 15.1, 15.2 Disputes 1.7Digital Data Use and Transmission , 15.2.5 15.1.6, 14.3.2, 10.4 10.3.2, 9.7, 9.5.1, 8.37.4, 5.2.3, 7.2.1, 7.3.1, 3.7.4, 3.2Delays and Extensions of Time 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 .1, 5.1, 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1Definitions 9.10.4, 12.2.1 9.9.3, 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2,Rejection and Correction of Defective or Nonconforming Work, Acceptance, , 9.7, 14.1.1.3 9.5 9.4.1, Decisions to Withhold Certification 14.2.2, 14.2.4, 15.1, 15.2 13.4.2, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1,.3.4, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7Decisions of the Architect 8.1.4 , Definition of Day8.1.3 , Definition of Date of Substantial Completion8.1.2 , Definition of Date of Commencement of the Work 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Damages for Delay 11.3, 14.2.4, 15.1.7 .3.2, 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11Damages, Claims for 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractors Damage to Construction of Owner or Separate 6.2.5 ,3.14Cutting and Patching 12.1.2, 12.2.1, 12.2.4, 13.4, 14 6, 11.2, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3..3, 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2Costs 7.3.4 , Definition of Cost1.2 Correlation and Intent of the Contract Documents 15.1.3.1, 15.1.3.2, 15.2.1, 12.3, 12.2 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, Correction of Work 3.17 1.5, Copyrights 1.5, 2.3.6, 3.11 Copies Furnished of Drawings and Specifications 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Coordination and Correlation 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 4, 7.1.3, 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.Procedures Contractor’s Supervision and Construction 3.9, 10.2.6 Contractor’s Superintendent 9.8.3, 9.9.1, 9.10.2, 9.10.3 8.2, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.Contractor’s Submittals 14.1 Contractor’s Right to Terminate the Contract 2.2.2, 9.7 Contractor’s Right to Stop the Work 3.2 Contractor’s Review of Contract Documents 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Work Contractor’s Responsibility for Those Performing th.2 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8Contractor’s Representations 11.3, 12, 13.4, 15.1.3, 15.2.1 , 10.3, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.62, 6.2.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.1, 3.4.2, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.Contractor’s Relationship with the Architect 9.10.2, 11.2, 11.3, 11.4 2, 9.6.7, 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.Contractor’s Relationship with Subcontractors 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 and Owner’s Forces Contractor’s Relationship with Separate Contractors 11.1 Contractor’s Liability Insurance 10.3, 11.3, 14.1, 14.2.1.1 .6, 10.2, 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2Contractor’s Employees 349 7.4 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, Minor Changes in the Work 15.4.1.1 , 15.4.1, 15.3 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, Mediation 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mechanic’s Lien 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Procedures of Construction Means, Methods, Techniques, Sequences and 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 3.15.1, 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13,Materials, Labor, Equipment and 10.3 10.2.4, Materials, Hazardous 15.1.2, 15.1.3, 15.1.5 4, 15, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 19.3.3, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 4.2.7, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1,Limitations of Time 11.3, 12.2.5, 13.3.1 0.3.3, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 13.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6Limitations of Liability 12.2.5, 15.1.2, 15.4.1.1 Limitations, Statutes of 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Liens 15.4 .8, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.29.6.4, 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, Laws and Regulations 8.3.1 Labor Disputes 10.2.4, 14.2.1.1, 14.2.1.2 10.2.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2,, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 3.4 1.1.3, 1.1.6, Labor and Materials, Equipment 15.4.2 Judgment on Final Award 4.2.11, 4.2.12 Interpretations, Written , 4.1.1, 5.1, 6.1.2, 15.1.1 1.4 1.1.8, 1.2.3, Interpretation 13.5 Interest 1.2.1, 4.2.7, 4.2.12, 4.2.13 Intent of the Contract Documents 11.5 Insured loss, Adjustment and Settlement of 9.9.1 Insurance Companies, Consent to Partial Occupancy 11 INSURANCE AND BONDS 9.3.2 Insurance, Stored Materials , 11.2, 11.4, 11.5 10.2.5Insurance, Property 11.2 Insurance, Owner’s Liability 8.2.2, 14.4.2 Insurance, Effective Date of 11.1 Insurance, Contractor’s Liability 11.1.4, 11.2.3 Insurance, Notice of Cancellation or Expiration 11 0.2.5, 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 1Insurance 1.1.7 , Definition of Instruments of Service 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instructions to the Contractor 1.1.1 Instructions to Bidders 9.9.2, 9.10.1, 12.2.1, 13.4 8.3, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.Inspections , 10.4 10.2.8Injury or Damage to Person or Property 5.2.5 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 1Initial Decision Maker, Extent of Authority 5.2.5 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 1Initial Decision Maker, Decisions 1.1.8 Initial Decision Maker, Definition of 15.2 Initial Decision 14.1.1.4, 14.1.4, 15.1.4 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2,, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 2.2 2.1.2, Information and Services Required of the Owner , 9.6.8, 9.10.2, 10.3.3, 11.3 3.18 3.17, Indemnification 5.2.1 Identification of Subcontractors and Suppliers 10.3 10.2.4, Hazardous Materials and Substances Guarantees (See Warranty) 13.1 Governing Law GENERAL PROVISIONS 2.2.1, 13.2.2, 14.1.1.4 Financial Arrangements, Owner’s , 12.3, 14.2.4, 14.4.3 9.10 4.2.1, 4.2.9, 9.8.2, Final Completion and Final Payment (See Defective or Nonconforming Work) Faulty Work , 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 9.7 9.5.1.3, Failure of Payment 15.2.5 10.4, 14.3, 15.1.6, 0.3.2, 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 1Extensions of Time 350, 9.8.5, 9.10.3, 14.2.3, 15.1.4 9.6 9.3, Progress Payments , 9.8, 9.9.1, 14.1.4, 15.1.4 8.2 4.2.2, Progress and Completion , 4.2.7 3.12 3.11, Product Data and Samples, Shop Drawings 3.12.2 , Definition of Product Data 10.3.1 Polychlorinated Biphenyl 10 PERSONS AND PROPERTY, PROTECTION OF , 3.13, 7.3.4.4, 10.2.2 3.7 2.3.1, Permits, Fees, Notices and Compliance with Laws 11.1.2 7.3.4.4, 9.6.7, 9.10.3, Performance Bond and Payment Bond 10.3.1 PCB 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.Payments to Subcontractors PAYMENTS AND COMPLETION , 9.8.5, 9.10.3, 14.2.3, 15.1.4 9.6 9.3, Payments, Progress 11.1.2 7.3.4.4, 9.6.7, 9.10.3, Payment Bond, Performance Bond and , 12.3, 14.2.4, 14.4.3 9.10 4.2.1, 4.2.9, Payment, Final , 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 9.7 9.5.1.3, Payment, Failure of 9.10.3, 14.1.1.3, 14.2.4 , 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.4 4.2.5, 4.2.9, 9.3.3, Payment, Certificates for 14.2.3, 14.2.4, 14.4.3 , 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 9.3 4.2.5, 7.3.9, 9.2, Payment, Applications for 3.17 Patents , 6.2.5 3.14Patching, Cutting and 9.9 9.6.6, Partial Occupancy or Use 5.3 , 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 1.5 1.1.1, 1.1.6, 1.1.7, and Other Instruments of Service Ownership and Use of Drawings, Specifications 14.2, 14.4 Owner’s Right to Terminate the Contract 14.3 Owner’s Right to Suspend the Work 2.4 Owner’s Right to Stop the Work 6.1 Award Separate Contracts Owner’s Right to Perform Construction and to 6.3 Owner’s Right to Clean Up , 14.2.2 2.5Owner’s Right to Carry Out the Work 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Relationship with Subcontractors 11.2 Owner’s Insurance 15.2.7 4, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.10.2, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9. 7.2.1, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3,.14.2, 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3Owner’s Authority 14.1.1.4, 14.1.4, 15.1.4 13.4.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, , 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 2.2 2.1.2, Owner, Information and Services Required of the , 13.2.2, 14.1.1.4 2.2Owner, Evidence of Financial Arrangements 2.1.1 , Definition of OwnerOWNER 14.3.1 13.4.2, 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, Orders, Written 2.3.1, 9.6.6, 9.8 Occupancy 3.2, 3.7.4 Observations, Contractor’s 13.4.1, 13.4.2 Notice of Testing and Inspections 15.2.8, 15.3.2, 15.4.1 , 15.1.5, 15.1.6, 15.1.3 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, Notice of Claims 11.1.4, 11.2.3 Notice of Cancellation or Expiration of Insurance 15.1.6, 15.4.1 5, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.2.2.1, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12. 7.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1,.2.4, , 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3 1.6Notice 12.2 .10.4, 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9Nonconforming Work, Rejection and Correction of 12.3 9.6.6, 9.9.3, Nonconforming Work, Acceptance of 6.2 Mutual Responsibility 10.3.2 3.1, 9.7, 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.Modifications to the Contract 1.1.1 , Definition of Modifications13 MISCELLANEOUS PROVISIONS 351 5.1.2 , Definition of Sub-subcontractor 3.4.2, 3.5, 7.3.8 Substitutions of Materials 2.3.3 Substitution of Architect 5.2.3, 5.2.4 Substitution of Subcontractors 9.8.1 , Definition of Substantial Completion 15.1.2 , 9.9.1, 9.10.3, 12.2, 9.8 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, Substantial Completion 10.3 Substances, Hazardous 11.3 6.1.1, Subrogation, Waivers of 3.10.2, 3.12.5, 4.2.7 Submittal Schedule 9.9.1, 9.10.2, 9.10.3 9.3, 9.8, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, Submittals , 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 5.3Subcontractual Relations 9.6.7 9.3.1.2, 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4,Subcontractors, Work by SUBCONTRACTORS 5.1.1 , Definition of Subcontractor 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Stored Materials 2.2.2, 2.4, 9.7, 10.3, 14.1 Stopping the Work 15.1.2, 15.4.1.1 Statute of Limitations , 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 1.1.6 1.1.1, Specifications 1.1.6 , Definition of Specifications 4.2.6, 12.2.1, 13.4 Special Inspections and Testing 3.4 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 1Site Visits, Architect’s .1, 13.4 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10Site Inspections , 6.1.1, 6.2.1 3.13Site, Use of , 4.2.7 3.12 3.11, Shop Drawings, Product Data and Samples 3.12.1 , Definition of Shop Drawings6.1.1 , Definition of Separate Contractors.2 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1Separate Contracts and Contractors 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Schedules, Construction , 9.3.1 9.2Schedule of Values 3.11 Samples at the Site, Documents and , 4.2.7 3.12 3.11, Samples, Shop Drawings, Product Data and 3.12.3 , Definition of Samples, 10.2, 10.4 10.1 3.3.1, 4.2.2, 4.2.7, 5.3, Safety Precautions and Programs , 10.4 10.2Safety of Persons and Property 15.4.1 Rules and Notices for Arbitration 3.17 Royalties, Patents and Copyrights , 14, 15.4 13.3 12.2.4, 12.2.2, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 4, 6.1, 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.Rights and Remedies 3.12 by Contractor Review of Shop Drawings, Product Data and Samples .8.2 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9Architect Review of Contractor’s Submittals by Owner and , 3.12.7, 6.1.3 3.2Conditions by Contractor Review of Contract Documents and Field 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Retainage 5.1, 10 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.Responsibility for Those Performing the Work 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Representatives 0.1 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.1Representations 9.3.1, 9.10.2 Releases and Waivers of Liens 4.2.6, 12.2.1 Rejection of Work 8, 15.4 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.9.9.1, 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, Regulations and Laws 10 PROTECTION OF PERSONS AND PROPERTY 1.1.1 Proposal Requirements 11.2 10.2.5, Property Insurance 4.2.10 Project Representatives 1.1.4 , Definition of Project 352 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3Written Orders 4.2.11, 4.2.12 Written Interpretations 13.2, 13.3.2, 15.4.4.2 9.10.3, 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, Written Consent 1.1.3 , Definition of Work 8.3, 15.1.6.2 Weather Delays 15.1.2 2, , 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.3.5Warranty 11.3 6.1.1, Waivers of Subrogation 9.3, 9.10.2, 9.10.4 Waiver of Liens 14.2.4, 15.1.7 Waiver of Consequential Damages 15.1.7 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, Waiver of Claims by the Owner 15.1.7 9.10.5, 13.3.2, Waiver of Claims by the Contractor 13.3.2 Waiver of Claims by the Architect , 9.3.1 9.2Values, Schedule of , 6.1.1, 6.2.1 3.13Use of Site 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Documents 7.3.3.2, 9.1.2 Unit Prices 3.7.4, 8.3.1, 10.3 Unforeseen Conditions, Concealed or Unknown 12.1 Uncovering of Work 12 UNCOVERING AND CORRECTION OF WORK 9.3.2, 9.3.3 Title to Work 3.7.4, 10.2.8, 15.1.2, 15.1.3 Time Limits on Claims 15.1.3, 15.4 .2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.13.3, 9.4.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9. 4.2, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1,Time Limits 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 , 9.5.1, 9.7, 8.3 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, Time, Delays and Extensions of TIME 13.4 9.9.2, 9.10.1, 10.3.2, 12.2.1, 8.3, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.Tests and Inspections 14 CONTRACT TERMINATION OR SUSPENSION OF THE 14.2.2 Termination of the Contractor Employment 2.3.3 Termination of the Architect 14.4 Termination by the Owner for Convenience 15.1.7 14.2, 5.4.1.1, Termination by the Owner for Cause , 15.1.7 14.1Termination by the Contractor 3.6, 3.8.2.1, 7.3.4.4 Taxes 5.4.1.1, 14 Suspension or Termination of the Contract 3.7.5, 5.4.2, 14.3 Suspension of the Work 14.3 Suspension by the Owner for Convenience 1.1.7, 2.3.4 Surveys 9.8.5, 9.10.2, 9.10.3 Surety, Consent of 15.2.7 .2, 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2Surety 9.10.5, 14.2.1 , 9.6, 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4Suppliers 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 , 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 3.3 1.2.2, Supervision and Construction Procedures , 10.2.6 3.9Superintendent 13.2 Successors and Assigns 3.7.4 Subsurface Conditions 353 lts. em as being necessary to produce the indicated resuContract Documents and reasonably inferable from thistent with the ontractor shall be required only to the extent consbinding as if required by all; performance by the Chall be as ts are complementary, and what is required by one sof the Work by the Contractor. The Contract Documenompletion all items necessary for the proper execution and c The intent of the Contract Documents is to include§ 1.2.1nts § 1.2 Correlation and Intent of the Contract Docume or decisions rendered in good faith. shall not be liable for results of interpretations tractor and Maker shall not show partiality to the Owner or Conaccordance with Section 15.2. The Initial Decision aims in in the Agreement to render initial decisions on ClThe Initial Decision Maker is the person identified§ 1.1.8 Initial Decision Maker ar materials. sketches, drawings, specifications, and other similveys, models, rvice may include, without limitation, studies, surprofessional services agreements. Instruments of Sespective tect and the Architect’s consultants under their reand intangible creative work performed by the Archiof the tangible medium of expression now known or later developed, Instruments of Service are representations, in any § 1.1.7 Instruments of Service he Work, and performance of related services. equipment, systems, standards and workmanship for tor materials, Documents consisting of the written requirements fThe Specifications are that portion of the Contract§ 1.1.6 The Specifications ams. elevations, sections, details, schedules, and diagrdimensions of the Work, generally including plans, tion and of the Contract Documents showing the design, locaThe Drawings are the graphic and pictorial portions§ 1.1.5 The Drawings ner and by Separate Contractors. a part and which may include construction by the Owthe whole or Work performed under the Contract Documents may be The Project is the total construction of which the § 1.1.4 The Project Project. The Work may constitute the whole or a part of theContractor to fulfill the Contractor’s obligations.e provided by the materials, equipment, and services provided or to bpartially completed, and includes all other labor, ted or required by the Contract Documents, whether compleThe term “Work” means the construction and services§ 1.1.3 The Work Architect’s duties. Contract intended to facilitate performance of the der the ed to performance and enforcement of obligations unContractor. The Architect shall, however, be entitle Owner and the r (4) between any persons or entities other than thand the Architect or the Architect’s consultants, o the Owner a Subcontractor or a Sub-subcontractor, (3) betweenArchitect’s consultants, (2) between the Owner and t or the ny kind (1) between the Contractor and the Architecconstrued to create a contractual relationship of anot be ly by a Modification. The Contract Documents shall or oral. The Contract may be amended or modified on, either written prior negotiations, representations, or agreementsagreement between the parties hereto and supersedesgrated uction. The Contract represents the entire and inteThe Contract Documents form the Contract for Constr§ 1.1.2 The Contract requirements. portions of Addenda relating to bidding or proposald or proposal, or of receiving bids or proposals, the Contractor’s biinformation furnished by the Owner in anticipation , other ation to bid, Instructions to Bidders, sample formsDocuments do not include the advertisement or invitact specifically enumerated in the Agreement, the Contrchange in the Work issued by the Architect. Unless r for a minor onstruction Change Directive, or (4) a written ordesigned by both parties, (2) a Change Order, (3) a C the Contract tract. A Modification is (1) a written amendment toand Modifications issued after execution of the Con the Agreement, xecution of the Contract, other documents listed inDrawings, Specifications, Addenda issued prior to eConditions), of the Contract (General, Supplementary and other Agreement) and consist of the Agreement, Conditionshe ent between the Owner and Contractor (hereinafter tThe Contract Documents are enumerated in the Agreem§ 1.1.1 The Contract Documents § 1.1 Basic Definitions ARTICLE 1 GENERAL PROVISIONS 354 ument and Digital Data Exhibit, and the requisite AIA DocDocument E203™–2013, Building Information Modeling set forth in AIA ned in the model and without having those protocolsthe use of, and reliance on, the information contaiocols governing uilding information model without agreement to protAny use of, or reliance on, all or a portion of a b§ 1.8 Building Information Models Use and Reliance exchange of digital data. ansmission, and stablish the protocols for the development, use, trInformation Modeling and Digital Data Exhibit, to earties will use AIA Document E203™–2013, Building information or documentation in digital form. The p any other e transmission and use of Instruments of Service orThe parties shall agree upon protocols governing th§ 1.7 Digital Data Use and Transmission f delivery. or registered mail, or by courier providing proof oessed by certified resentative of the party to whom the notice is addrduly served only if delivered to the designated repve been ll be provided in writing and shall be deemed to ha Notice of Claims as provided in Section 15.1.3 sha§ 1.6.2 ronic transmission is set forth in the Agreement. or by electronic transmission if a method for electail, by courier, have been duly served if delivered in person, by mwhom the notice is addressed and shall be deemed toive of the party to e provided in writing to the designated representatgive notice to the other party, such notice shall bfy or re the Contract Documents require one party to noti Except as otherwise provided in Section 1.6.2, whe§ 1.6.1§ 1.6 Notice t, and the Architect’s consultants. the specific written consent of the Owner, Architecthe Work without for additions to the Project outside the scope of use the Instruments of Service on other projects orliers may not actor, Subcontractors, Sub-subcontractors, and suppany, shown on the Instruments of Service. The Contryright notice, if es made under this authorization shall bear the copand exclusively for execution of the Work. All copi and 1.8, solely any protocols established pursuant to Sections 1.7Instruments of Service provided to them, subject to the , and suppliers are authorized to use and reproduce The Contractor, Subcontractors, Sub-subcontractors§ 1.5.2 tect’s or Architect’s consultants’ reserved rights.construed as publication in derogation of the Archiject is not to be ts or for other purposes in connection with the Prodistribution to meet official regulatory requiremenbmittal or claim a copyright in the Instruments of Service. SuSub-subcontractors, and suppliers shall not own or cluding copyrights. The Contractor, Subcontractors,reserved rights in their Instruments of Service, iny, and other Specifications, and retain all common law, statutorInstruments of Service, including the Drawings and ive l be deemed the authors and owners of their respect The Architect and the Architect’s consultants shal§ 1.5.1, and Other Instruments of Service § 1.5 Ownership and Use of Drawings, Specifications statement. not intended to affect the interpretation of eitherpears in another is r or an article is absent from one statement and apsuch as “the” and “an,” but the fact that a modifieny” and articles requently omit modifying words such as “all” and “aIn the interest of brevity the Contract Documents f§ 1.4 Interpretation ished by the American Institute of Architects. articles, or (3) the titles of other documents publ titles of numbered de those that are (1) specifically defined, (2) theTerms capitalized in these General Conditions inclu§ 1.3 Capitalization s in accordance with such recognized meanings. industry meanings are used in the Contract Documenton words that have well-known technical or constructi Unless otherwise stated in the Contract Documents,§ 1.2.3 performed by any trade. to be ubcontractors or in establishing the extent of Workcontrol the Contractor in dividing the Work among S shall not sections and articles, and arrangement of Drawings Organization of the Specifications into divisions,§ 1.2.2 xecuting the Contract. effect to the parties’ intentions and purposes in ey law, to give all be construed, to the fullest extent permitted benforceable. In such case the Contract Documents shal and to the extent necessary to make that provision legunenforceable, then that provision shall be revisedtherwise invalid or of the Contract Documents violates any law, or is oprovisions. If it is determined that any provision maining cuments shall not invalidate the Contract or its re The invalidity of any provision of the Contract Do§ 1.2.1.1 355 t Documents as if singular in number. Agreement and is referred to throughout the Contrac the Architect in the is located. That person or entity is identified asarchitecture, in the jurisdiction where the Project practicing sed to practice architecture, or an entity lawfully The Owner shall retain an architect lawfully licen§ 2.3.2 changes in existing facilities. manent use or occupancy of permanent structures or for perassessments and charges required for construction, easements, wner shall secure and pay for necessary approvals, including those required under Section 3.7.1, the Os, ility of the Contractor under the Contract Document Except for permits and fees that are the responsib§ 2.3.1§ 2.3 Information and Services Required of the Owne ch information. and who agree to maintain the confidentiality of suinformation solely and exclusively for the Project ent of such ubcontractors, and others who need to know the contsureties, Subcontractors and their employees, Sub-sconsultants, close “confidential” information to its employees, or arbitrator(s) order. The Contractor may also disy, or by court gal process issued by a court or governmental entitincluding a subpoena or other form of compulsory lequired by law, ) days’ notice to the Owner, where disclosure is redisclose “confidential” information, after seven (7ntractor may ot disclose it to any other person. However, the Coshall keep the information confidential and shall ntractor d under this Section 2.2 as “confidential,” the ConWhere the Owner has designated information furnishe§ 2.2.4 prior notice to the Contractor. materially vary such financial arrangements withoutot angements under this Section 2.2, the Owner shall nAfter the Owner furnishes evidence of financial arr§ 2.2.3 ct Documents. d start-up, plus interest as provided in the ContraContractor’s reasonable costs of shutdown, delay an the he Contract Sum shall be increased by the amount ofContract Time shall be extended appropriately and tection 2.2.2, the ce is provided. If the Work is stopped under this SWork affected by the change until reasonable evidention of the , the Contractor may immediately stop only that pormaterially changes the Contract Sum under (3) abovenge in the Work pped. However, if the request is made because a chaevent, shall notify the Owner that the Work has stork and, in that request, the Contractor may immediately stop the Worequired, within fourteen days of the Contractor’s idence, as Contract Sum. If the Owner fails to provide such evor (3) a change in the Work materially changes the yment when due; le concern regarding the Owner’s ability to make pa(2) the Contractor identifies in writing a reasonabments require; ake payments to the Contractor as the Contract Docuunder the Contract only if (1) the Owner fails to m’s obligations as made financial arrangements to fulfill the Ownerthe Contractor reasonable evidence that the Owner hh to n request by the Contractor, the Owner shall furnis Following commencement of the Work and upon writte§ 2.2.2 appropriately. extended der this Section 2.2.1, the Contract Time shall be evidence. If commencement of the Work is delayed undes such ligation to commence the Work until the Owner proviunder the Contract. The Contractor shall have no obbligations ade financial arrangements to fulfill the Owner’s oContractor reasonable evidence that the Owner has m to the request by the Contractor, the Owner shall furnish Prior to commencement of the Work and upon written§ 2.2.1§ 2.2 Evidence of the Owner’s Financial Arrangement terest therein. usually referred to as the site, and the Owner’s inroject is located, e record legal title to the property on which the Pinformation shall include a correct statement of thts. Such te, give notice of, or enforce mechanic’s lien righnecessary and relevant for the Contractor to evaluaformation fifteen days after receipt of a written request, in The Owner shall furnish to the Contractor, within § 2.1.2 or the Owner’s authorized representative. s the Owner does not have such authority. The term “Owner” meanotherwise provided in Section 4.2.1, the Architect n. Except as ters requiring the Owner’s approval or authorizatioauthority to bind the Owner with respect to all matve express designate in writing a representative who shall haDocuments as if singular in number. The Owner shallhe Contract ch in the Agreement and is referred to throughout t The Owner is the person or entity identified as su§ 2.1.1§ 2.1 General ARTICLE 2 OWNER loyees. information model, and each of their agents and empbutors to, the building ntractors or consultants, the authors of, or contriand without liability to the other party and its coy’s sole risk rotocol Form, shall be at the using or relying partG202™–2013, Project Building Information Modeling P 356 ments. observations with requirements of the Contract Docunal h the Work is to be performed, and correlated persogenerally familiar with local conditions under whicite, become epresentation that the Contractor has visited the s Execution of the Contract by the Contractor is a r§ 3.2.1ions by Contractor § 3.2 Review of Contract Documents and Field Condit ersons or entities other than the Contractor. inspections or approvals required or performed by ptract, or by tests, hitect in the Architect’s administration of the ConDocuments either by activities or duties of the Arcntract tions to perform the Work in accordance with the Co The Contractor shall not be relieved of its obliga§ 3.1.3 e with the Contract Documents. The Contractor shall perform the Work in accordanc§ 3.1.2 ative. Contractor or the Contractor’s authorized represent” means the l matters under this Contract. The term “Contractorauthority to bind the Contractor with respect to ale express designate in writing a representative who shall havwhere the Project is located. The Contractor shall the jurisdiction ntractor shall be lawfully licensed, if required inContract Documents as if singular in number. The Coout the as such in the Agreement and is referred to through The Contractor is the person or entity identified § 3.1.1§ 3.1 General ARTICLE 3 CONTRACTOR Article 15. pursuant to osts to the Owner, the Contractor may file a Claim Owner or the Architect, or the amounts claimed as ctions of the the Owner. If the Contractor disagrees with the acamounts, the Contractor shall pay the difference to to cover such . If current and future payments are not sufficientmade necessary by such default, neglect, or failureal services enses and compensation for the Architect’s additioncorrecting such deficiencies, including Owner’s expble cost of ly necessary to reimburse the Owner for the reasonaPayment in whole or in part, to the extent reasonaba Certificate for ay, pursuant to Section 9.5.1, withhold or nullify prior approval of the Architect and the Architect mth subject to Owner and amounts charged to the Contractor are bocorrect such default or neglect. Such action by they have, y, without prejudice to other remedies the Owner maneglect with diligence and promptness, the Owner masuch default or m the Owner to commence and continue correction of within a ten-day period after receipt of notice fro and fails the Work in accordance with the Contract DocumentsIf the Contractor defaults or neglects to carry out§ 2.5 Owner’s Right to Carry Out the Work Section 6.1.3. extent required by actor or any other person or entity, except to the to exercise this right for the benefit of the Contr part of the Owner stop the Work shall not give rise to a duty on thebeen eliminated; however, the right of the Owner tofor such order has the Work, or any portion thereof, until the cause may issue a written order to the Contractor to stopts, the Owner ry out Work in accordance with the Contract Documenrequired by Section 12.2 or repeatedly fails to cart Documents as in accordance with the requirements of the ContracIf the Contractor fails to correct Work that is not§ 2.4 Owner’s Right to Stop the Work ductions pursuant to Section 1.5.2. the Contract Documents for purposes of making repropy of s, the Owner shall furnish to the Contractor one co Unless otherwise provided in the Contract Document§ 2.3.6 written request for such information or services. ntractor’s k with reasonable promptness after receiving the Corelevant to the Contractor’s performance of the Wors control and any other information or services under the Owner’reasonable promptness. The Owner shall also furnishquired of the Owner by the Contract Documents with The Owner shall furnish information or services re§ 2.3.5 Work. nce of the se proper precautions relating to the safe performainformation furnished by the Owner but shall exerci on the accuracy of the site. The Contractor shall be entitled to relythe site of the Project, and a legal description ofcations for l characteristics, legal limitations and utility lo The Owner shall furnish surveys describing physica§ 2.3.4 Contract Documents shall be that of the Architect. no reasonable objection and whose status under the tor has Owner shall employ a successor to whom the Contrac If the employment of the Architect terminates, the§ 2.3.3 357 Change Directive. ruction tect and in accordance with a Change Order or Constconsent of the Owner, after evaluation by the Archi with the ion 7.4, the Contractor may make substitutions onlyor ordered by the Architect in accordance with Sect3.12.8 proved by the Architect in accordance with Section Except in the case of minor changes in the Work ap§ 3.4.2 ed in the Work. and whether or not incorporated or to be incorporatr permanent ion and completion of the Work, whether temporary ofacilities and services necessary for proper execution, and other and machinery, water, heat, utilities, transportatmaterials, equipment, tools, construction equipments, the Contractor shall provide and pay for labor, Unless otherwise provided in the Contract Document§ 3.4.1§ 3.4 Labor and Materials bsequent Work. such portions are in proper condition to receive su that of portions of Work already performed to determine The Contractor shall be responsible for inspection§ 3.3.3 actors. on behalf of, the Contractor or any of its Subcontre Work for, or other persons or entities performing portions of thSubcontractors and their agents and employees, and or acts and omissions of the Contractor’s employees The Contractor shall be responsible to the Owner f§ 3.3.2 techniques, sequences, or procedures. means, methods, actor shall perform the Work using its alternative to the Contractor’s proposed alternative, the Contrrchitect objects intent for the completed construction. Unless the Aalternative solely for conformance with the design posed or procedures. The Architect shall evaluate the proalternative means, methods, techniques, sequences, shall propose give timely notice to the Owner and Architect, andor procedures may not be safe, the Contractor shalls, sequences ctor determines that such means, methods, techniquetechniques, sequences, or procedures. If the Contrach means, methods, be solely responsible for the jobsite safety of sushall evaluate the jobsite safety thereof and shalle Contractor , methods, techniques, sequences, or procedures, thspecific instructions concerning construction meansments give f the Work under the Contract. If the Contract Docuand procedures, and for coordinating all portions oques, sequences, e control over, construction means, methods, techniContractor shall be solely responsible for, and havThe , using the Contractor’s best skill and attention. The Contractor shall supervise and direct the Work§ 3.3.1§ 3.3 Supervision and Construction Procedures l orders of public authorities. ordinances, codes, rules and regulations, and lawfutes, of the Contract Documents to applicable laws, statuand the Contract Documents, or for nonconformities conditions nts, for differences between field measurements or inconsistencies or omissions in the Contract Documerrors, the Owner or Architect for damages resulting from eobligations, the Contractor shall not be liable to hose rmed such obligations. If the Contractor performs twould have been avoided if the Contractor had perfoion 15.1.7, as uch costs and damages to the Owner, subject to SectSections 3.2.2 or 3.2.3, the Contractor shall pay sbligations of rticle 15. If the Contractor fails to perform the othe Contractor shall submit Claims as provided in Aons 3.2.2 or 3.2.3, tices or requests for information pursuant to SectiArchitect issues in response to the Contractor’s noructions the time is involved because of clarifications or inst If the Contractor believes that additional cost or§ 3.2.4 re. information in such form as the Architect may requirequest for discovered by or made known to the Contractor as a promptly report to the Architect any nonconformity ntractor shall or lawful orders of public authorities, but the Costatutes, ordinances, codes, rules and regulations,able laws, he Contract Documents are in accordance with applic The Contractor is not required to ascertain that t§ 3.2.3 specifically provided in the Contract Documents. unless otherwise ntractor and not as a licensed design professional,review is made in the Contractor’s capacity as a coat the Contractor’s m as the Architect may require. It is recognized thContractor as a request for information in such forto the istencies or omissions discovered by or made known promptly report to the Architect any errors, inconsontractor shall istencies in the Contract Documents; however, the Cpurpose of discovering errors, omissions, or inconse not for the rdination and construction by the Contractor and arobligations are for the purpose of facilitating coo it. These shall observe any conditions at the site affectingconditions related to that portion of the Work, andsting ion 2.3.4, shall take field measurements of any exiinformation furnished by the Owner pursuant to Sect as well as the act Documents relative to that portion of the Work,Work, carefully study and compare the various Controf the the Contractor shall, before starting each portion Because the Contract Documents are complementary, § 3.2.2 358 n Article 15. such remains or features may be made as provided iSum and Contract Time arising from the existence ofnts in the Contract ct those remains or features. Requests for adjustmecontinue with all other operations that do not affe Owner but shall d such operations until otherwise instructed by theoperations. The Contractor shall continue to suspensume the to obtain governmental authorization required to rethe Owner shall promptly take any action necessary f such notice, hall notify the Owner and Architect. Upon receipt osuspend any operations that would affect them and sl immediately ated in the Contract Documents, the Contractor shalmarkers, archaeological sites or wetlands not indic burial unters human remains or recognizes the existence of If, in the course of the Work, the Contractor enco§ 3.7.5 ovided in Article 15. recommendation, that party may submit a Claim as prs determination or he reasons. If either party disputes the Architect’promptly notify the Owner and Contractor, stating tArchitect shall nge in the terms of the Contract is justified, the indicated in the Contract Documents and that no cha different from those that the conditions at the site are not materiallyContract Time, or both. If the Architect determinesct Sum or that an equitable adjustment be made in the Contraperformance of any part of the Work, will recommenduired for, r decrease in the Contractor’s cost of, or time reqthat they differ materially and cause an increase oitect determines omptly investigate such conditions and, if the Archobservance of the conditions. The Architect will prys after first ions are disturbed and in no event later than 14 danotice to the Owner and the Architect before conditpromptly provide or in the Contract Documents, the Contractor shall construction activities of the character provided f inherent in dinarily found to exist and generally recognized asunusual nature that differ materially from those orns of an Contract Documents or (2) unknown physical conditiothat differ materially from those indicated in the sical conditions that are (1) subsurface or otherwise concealed phyIf the Contractor encounters conditions at the site§ 3.7.4 Concealed or Unknown Conditions ction. Work and shall bear the costs attributable to corrensibility for such ties, the Contractor shall assume appropriate respoand regulations, or lawful orders of public authoriodes, rules ontrary to applicable laws, statutes, ordinances, c If the Contractor performs Work knowing it to be c§ 3.7.3 authorities applicable to performance of the Work. rules and regulations, and lawful orders of public codes, required by applicable laws, statutes, ordinances, The Contractor shall comply with and give notices § 3.7.2 uded. at the time bids are received or negotiations concllegally required marily secured after execution of the Contract and execution and completion of the Work that are custofor proper , and inspections by government agencies necessary permit as well as for other permits, fees, licensesding s, the Contractor shall secure and pay for the buil Unless otherwise provided in the Contract Document§ 3.7.1ws § 3.7 Permits, Fees, Notices and Compliance with La go into effect. ly scheduled to ons concluded, whether or not yet effective or merelegally enacted when bids are received or negotiatir that are imilar taxes for the Work provided by the ContractoThe Contractor shall pay sales, consumer, use and s§ 3.6 Taxes n 9.8.4. Owner, and shall commence in accordance with Sectioname of the Owner, or shall be transferable to the ed in the es required by the Contract Documents shall be issu All material, equipment, or other special warranti§ 3.5.2 nt. as to the kind and quality of materials and equipmethe Contractor shall furnish satisfactory evidence the Architect, rmal wear and tear and normal usage. If required byinsufficient maintenance, improper operation, or nomproper or tions to the Work not executed by the Contractor, iremedy for damage or defect caused by abuse, alteraexcludes be considered defective. The Contractor’s warranty equipment not conforming to these requirements may aterials, or k the Contract Documents require or permit. Work, mexcept for those inherent in the quality of the Worm defects, ents of the Contract Documents and will be free frowarrants that the Work will conform to the requiremtor further Documents require or permit otherwise. The Contracwill be of good quality and new unless the Contractontract that materials and equipment furnished under the C The Contractor warrants to the Owner and Architect§ 3.5.1§ 3.5 Warranty skilled in tasks assigned to them. not properly not permit employment of unfit persons or persons persons carrying out the Work. The Contractor shallher good order among the Contractor’s employees and ot The Contractor shall enforce strict discipline and§ 3.4.3 359 ct and Owner, and tronic form or paper copy, available to the Architesimilar required submittals. These shall be in elec, and d the approved Shop Drawings, Product Data, Sampleschanges and selections made during construction, ane field ions, in good order and marked currently to indicatConstruction Change Directives, and other Modificaters, site, the Contract Documents, including Change OrdThe Contractor shall make available, at the Project§ 3.11 Documents and Samples at the Site Owner and Architect. to the ccordance with the most recent schedules submitted The Contractor shall perform the Work in general a§ 3.10.3 required for review of submittals. n the time Contract Sum or extension of Contract Time based oContractor shall not be entitled to any increase inschedule, the bmittals in accordance with the approved submittal submit a submittal schedule, or fails to provide suctor fails to reasonable time to review submittals. If the Contraconstruction schedule, and (2) allow the Architect or’s schedule shall (1) be coordinated with the Contractbe unreasonably delayed or withheld. The submittal proval shall not le for the Architect’s approval. The Architect’s apsubmittal schedule, shall submit a submittal scheduurrent ontract and thereafter as necessary to maintain a c The Contractor, promptly after being awarded the C§ 3.10.2 of the Work and Project. appropriate intervals as required by the conditionse revised at under the Contract Documents. The schedule shall bcompletion and shall not exceed time limits currentWork to e shall provide for the orderly progression of the completion of each portion of the Work. The schedulquired for Work by construction activity; and (3) the time reSubstantial Completion; (2) an apportionment of the date of the Work, interim schedule milestone dates, and theProject, including (1) the date of commencement of priate for the r the Work. The schedule shall contain detail approinformation a Contractor’s construction schedule fo’s ontract, shall submit for the Owner’s and Architect The Contractor, promptly after being awarded the C§ 3.10.1dules § 3.10 Contractor’s Construction and Submittal Sche which shall not unreasonably be withheld or delayeds consent, ll not change the superintendent without the Owner’reasonable and timely objection. The Contractor shatendent to whom the Owner or Architect has made The Contractor shall not employ a proposed superin§ 3.9.3 ection. period shall constitute notice of no reasonable objwithin the 14-day review. Failure of the Architect to provide notice superintendent or (2) requires additional time for proposed the Architect (1) has reasonable objection to the notify the Contractor, stating whether the Owner ore Architect may t. Within 14 days of receipt of the information, thname and qualifications of a proposed superintendenct of the of the Contract, shall notify the Owner and ArchiteThe Contractor, as soon as practicable after award § 3.9.2 as binding as if given to the Contractor. communications given to the superintendent shall bee superintendent shall represent the Contractor, anthe Project site during performance of the Work. Thdance at dent and necessary assistants who shall be in atten The Contractor shall employ a competent superinten§ 3.9.1§ 3.9 Superintendent e selected by the Owner with reasonable promptness. Materials and equipment under an allowance shall b§ 3.8.3 anges in Contractor’s costs under Section 3.8.2.2. and the allowances under Section 3.8.2.1 and (2) chll reflect (1) the difference between actual costs by Change Order. The amount of the Change Order shaes, the Contract Sum shall be adjusted accordingly whenever costs are more than or less than allowanc.3 not in the allowances; and ounts shall be included in the Contract Sum but other expenses contemplated for stated allowance amt, and he site, labor, installation costs, overhead, profi Contractor’s costs for unloading and handling at t.2 required taxes, less applicable trade discounts; d all of materials and equipment delivered at the site an allowances shall cover the cost to the Contractor .1 s, Unless otherwise provided in the Contract Document§ 3.8.2 le objection. ons or entities to whom the Contractor has reasonabthe Contractor shall not be required to employ persmay direct, but ounts and by such persons or entities as the Owner covered by allowances shall be supplied for such amms ll allowances stated in the Contract Documents. Ite The Contractor shall include in the Contract Sum a§ 3.8.1§ 3.8 Allowances 360 hitect will or by the Contract Documents, the Owner and the Arcequipment are specifically required of the Contractals, or by a design professional related to systems, materi If professional design services or certifications § 3.12.10.1 cable law. provide professional services in violation of appliquired to ces, and procedures. The Contractor shall not be refor construction means, methods, techniques, sequens responsibilities such services in order to carry out the Contractor’the Work or unless the Contractor needs to provide or a portion of e specifically required by the Contract Documents farchitecture or engineering unless such services ar ofessional services that constitute the practice of The Contractor shall not be required to provide pr§ 3.12.10 a resubmission shall not apply to such revisions. absence of such notice, the Architect’s approval ofubmittals. In the than those requested by the Architect on previous sSamples, or similar submittals, to revisions other ata, writing or on resubmitted Shop Drawings, Product D The Contractor shall direct specific attention, in§ 3.12.9 ect’s approval thereof. Data, Samples, or similar submittals, by the Architings, Product responsibility for errors or omissions in Shop Drawdeviation. The Contractor shall not be relieved of rizing the Construction Change Directive has been issued authominor change in the Work, or (2) a Change Order or cific deviation as a the Architect has given written approval to the speof such deviation at the time of submittal and (1) d the Architect als, unless the Contractor has specifically notifieDrawings, Product Data, Samples, or similar submittval of Shop of the Contract Documents by the Architect’s approresponsibility for deviations from the requirementseved of ittals except that the Contractor shall not be reli The Work shall be in accordance with approved subm§ 3.12.8 approved by the Architect. has been similar submittals, until the respective submittal review of Shop Drawings, Product Data, Samples, or l and k for which the Contract Documents require submitta The Contractor shall perform no portion of the Wor§ 3.12.7 Documents. the Contract ubmittals with the requirements of the Work and of coordinated the information contained within such schecked and n criteria related thereto, or will do so, and (3) materials, field measurements and field constructioified reviewed and approved them, (2) determined and verthe Owner and Architect that the Contractor has (1) to , and similar submittals, the Contractor represents By submitting Shop Drawings, Product Data, Samples§ 3.12.6 Owner or of Separate Contractors. ctivities of the quence as to cause no delay in the Work or in the aschedule, with reasonable promptness and in such semittal the Architect or, in the absence of an approved subaccordance with the submittal schedule approved by ents, in d similar submittals required by the Contract DocumArchitect, Shop Drawings, Product Data, Samples, ane Contract Documents, approve, and submit to the The Contractor shall review for compliance with th§ 3.12.5 tect without action. the Contract Documents may be returned by the Archi not required by fied in the Contract Documents. Submittals that areexpected to take responsive action may be so identihe Architect is not ection 4.2.7. Informational submittals upon which tby the Architect is subject to the limitations of Sals. Review rk for which the Contract Documents require submittthe Contract Documents for those portions of the Woexpressed in rm to the information given and the design concept to demonstrate how the Contractor proposes to confoe is submittals are not Contract Documents. Their purpos Shop Drawings, Product Data, Samples, and similar § 3.12.4 by which the Work will be judged. ndards rials, equipment, or workmanship, and establish sta Samples are physical examples that illustrate mate§ 3.12.3 the Work. lustrate materials or equipment for some portion ofother information furnished by the Contractor to ilrams, and , performance charts, instructions, brochures, diag Product Data are illustrations, standard schedules§ 3.12.2 the Work. some portion of anufacturer, supplier, or distributor to illustrateContractor or a Subcontractor, Sub-subcontractor, mnd other data specially prepared for the Work by th Shop Drawings are drawings, diagrams, schedules, a§ 3.12.1§ 3.12 Shop Drawings, Product Data and Samples constructed. ork as er upon completion of the Work as a record of the Wdelivered to the Architect for submittal to the Own 361 information is promptly furnished to the Architect. loss unless the ractor, the Contractor shall be responsible for thepatent is discovered by, or made known to, the Conta copyright or Owner or Architect. However, if an infringement of Specifications, or other documents prepared by the n Drawings, , or where the copyright violations are contained imanufacturers is required by the Contract Documentsanufacturer or cular design, process, or product of a particular mnot be responsible for defense or loss when a partieof, but shall er and Architect harmless from loss on account thercopyrights and patent rights and shall hold the Ownor infringement of fees. The Contractor shall defend suits or claims fThe Contractor shall pay all royalties and license § 3.17 Royalties, Patents and Copyrights located. ss wherever t with access to the Work in preparation and progreThe Contractor shall provide the Owner and Architec§ 3.16 Access to Work tor. shall be entitled to reimbursement from the Contrace Owner the Contract Documents, the Owner may do so and th If the Contractor fails to clean up as provided in§ 3.15.2 the Project. rom and about ction equipment, machinery, and surplus materials fmaterials, rubbish, the Contractor’s tools, construe waste completion of the Work, the Contractor shall removrubbish caused by operations under the Contract. At and ding area free from accumulation of waste materials The Contractor shall keep the premises and surroun§ 3.15.1§ 3.15 Cleaning Up otherwise altering the Work. tting or e Owner or a Separate Contractor, its consent to cuContractor shall not unreasonably withhold, from ththheld. The te Contractor. Consent shall not be unreasonably wiwith written consent of the Owner and of the Separantractor except se alter construction by the Owner or a Separate Coexcavation. The Contractor shall not cut or otherwistruction, or by y cutting, patching, or otherwise altering such conconstruction of the Owner or Separate Contractors bion of the Work or fully or partially completed The Contractor shall not damage or endanger a port§ 3.14.2 otherwise required by the Contract Documents. prior to the cutting, fitting, or patching, unless o the condition existing g cutting, fitting, or patching shall be restored tits parts fit together properly. All areas requirinr to make itting, or patching required to complete the Work o The Contractor shall be responsible for cutting, f§ 3.14.1§ 3.14 Cutting and Patching encumber the site with materials or equipment. nreasonably orities, and the Contract Documents and shall not urules and regulations, lawful orders of public authrdinances, codes, to areas permitted by applicable laws, statutes, oThe Contractor shall confine operations at the site§ 3.13 Use of Site time and in the form specified by the Architect. the Architect at the he Contractor shall furnish such certifications to performed in accordance with the design criteria, teen design professional to certify that the Work has b If the Contract Documents require the Contractor’s§ 3.12.10.2 Documents. the Contract formation given and the design concept expressed inlimited purpose of checking for conformance with inonly for the ove or take other appropriate action on submittals Section 3.12.10, the Architect will review and apprPursuant to this d design criteria that such services must satisfy. have specified to the Contractor the performance annd Architect by such design professionals, provided the Owner acertifications, and approvals performed or provided the services, entitled to rely upon the adequacy and accuracy ofthe Architect. The Owner and the Architect shall be when submitted to rs, shall bear such professional’s written approvalcertified by such professional, if prepared by othek, designed or p Drawings, and other submittals related to the Worother submittals prepared by such professional. Shohop Drawings, and gs, calculations, specifications, certifications, Swhose signature and seal shall appear on all drawinign professional, ons to be provided by an appropriately licensed desContractor shall cause such services or certificatihe sign criteria provided in the Contract Documents. Tthe adequacy and accuracy of the performance and dentitled to rely upon ch services must satisfy. The Contractor shall be especify all performance and design criteria that su 362 munication protocols. Owner. The Contract Documents may specify other comrough the ations by and with Separate Contractors shall be thsuppliers shall be through the Contractor. Communictors and he Architect. Communications by and with Subcontracwith the Architect’s consultants shall be through tby and otherwise relating to the Project. Communications communications between the Owner and the Contractornce of any direct r shall promptly notify the Architect of the substaservices or professional responsibilities. The Ownee Architect’s t in all communications that relate to or affect thThe Owner and Contractor shall include the Architec§ 4.2.4 Communications entities performing portions of the Work. their agents or employees, or any other persons or Subcontractors, or ponsible for acts or omissions of, the Contractor, have control over or charge of, and will not be resct will not requirements of the Contract Documents. The Architefailure to perform the Work in accordance with the ontractor’s rk. The Architect will not be responsible for the Cand (3) defects and deficiencies observed in the Woontractor, ost recent construction schedule submitted by the CContract Documents, (2) known deviations from the mom the romptly report to the Owner (1) known deviations frquality of the portion of the Work completed, and press and l keep the Owner reasonably informed about the prog On the basis of the site visits, the Architect wil§ 4.2.3 responsibilities under the Contract Documents. ctor’s rights and on with the Work, since these are solely the Contrafor the safety precautions and programs in connectior procedures, or construction means, methods, techniques, sequences control over, charge of, or responsibility for the ct will not have ck the quality or quantity of the Work. The Architeexhaustive or continuous on-site inspections to chered to make Documents. However, the Architect will not be requicompleted, will be in accordance with the Contract n fully performed in a manner indicating that the Work, whedetermine in general if the Work observed is being eted, and to ogress and quality of the portion of the Work complthe Owner, to become generally familiar with the prise agreed with ropriate to the stage of construction, or as otherw The Architect will visit the site at intervals app§ 4.2.2 t Documents. he Owner only to the extent provided in the ContracArchitect will have authority to act on behalf of te for Payment. The the date the Architect issues the final Certificatan Owner’s representative during construction untilwill be ontract as described in the Contract Documents and The Architect will provide administration of the C§ 4.2.1§ 4.2 Administration of the Contract shall not be unreasonably withheld. rchitect. Consent out written consent of the Owner, Contractor, and Ashall not be restricted, modified, or extended withDocuments rity of the Architect as set forth in the Contract Duties, responsibilities, and limitations of autho§ 4.1.2 the Agreement. as such in the Owner pursuant to Section 2.3.2 and identified The Architect is the person or entity retained by § 4.1.1§ 4.1 General ARTICLE 4 ARCHITECT acts. disability benefit acts, or other employee benefit ion acts, tractor or a Subcontractor under workers’ compensatcompensation, or benefits payable by or for the Con of damages, ll not be limited by a limitation on amount or typeindemnification obligation under Section 3.18.1 shaliable, the oyed by them, or anyone for whose acts they may be a Subcontractor, anyone directly or indirectly emplractor, under this Section 3.18 by an employee of the Cont In claims against any person or entity indemnified§ 3.18.2 3.18. as to a party or person described in this Section obligations of indemnity that would otherwise existr rights or not be construed to negate, abridge, or reduce otheparty indemnified hereunder. Such obligation shall used in part by a r or not such claim, damage, loss, or expense is cawhose acts they may be liable, regardless of whetheor anyone for r, anyone directly or indirectly employed by them, acts or omissions of the Contractor, a Subcontractosed by the negligent r than the Work itself), but only to the extent cauinjury to or destruction of tangible property (othe or death, or to is attributable to bodily injury, sickness, diseaseprovided that such claim, damage, loss, or expense ce of the Work, s’ fees, arising out of or resulting from performanand expenses, including but not limited to attorneyamages, losses, employees of any of them from and against claims, dArchitect, Architect’s consultants, and agents and ctor shall indemnify and hold harmless the Owner, To the fullest extent permitted by law, the Contra§ 3.18.1§ 3.18 Indemnification 363 in response to the requests for information. Specifications t will prepare and issue supplemental Drawings and reasonable promptness. If appropriate, the Architecherwise with in writing within any time limits agreed upon or otArchitect’s response to such requests will be made for information about the Contract Documents. The The Architect will review and respond to requests § 4.2.14 expressed in the Contract Documents. e intent esthetic effect will be final if consistent with th The Architect’s decisions on matters relating to a§ 4.2.13 ood faith. sults of interpretations or decisions rendered in gpartiality to either, and will not be liable for rell not show ithful performance by both Owner and Contractor, widecisions, the Architect will endeavor to secure fapretations and or in the form of drawings. When making such interfrom, the Contract Documents and will be in writinginferable l be consistent with the intent of, and reasonably Interpretations and decisions of the Architect wil§ 4.2.12 ed upon or otherwise with reasonable promptness. will be made in writing within any time limits agreuch requests Owner or Contractor. The Architect’s response to sContract Documents on written request of either thencerning performance under, and requirements of, th The Architect will interpret and decide matters co§ 4.2.11 ty of the Project representatives. duties, responsibilities and limitations of authoriy change in the e site. The Owner shall notify the Contractor of ancarrying out the Architect’s responsibilities at thssist in ll provide one or more Project representatives to a If the Owner and Architect agree, the Architect wi§ 4.2.10 Section 9.10. nt to 0; and issue a final Certificate for Payment pursuaassembled by the Contractor pursuant to Section 9.1ntract and warranties and related documents required by the CoOwner, for the Owner’s review and records, written rward to the Completion pursuant to Section 9.8; receive and fofinal completion; issue Certificates of Substantialhe date of e the date or dates of Substantial Completion and t The Architect will conduct inspections to determin§ 4.2.9 ded in Section 3.7.4. regarding concealed and unknown conditions as proviommendations ct will investigate and make determinations and recin the Work as provided in Section 7.4. The Architeges ruction Change Directives, and may order minor chan The Architect will prepare Change Orders and Const§ 4.2.8 ssembly of which the item is a component. a specific item shall not indicate approval of an a’s approval of techniques, sequences, or procedures. The Architectprecautions or of any construction means, methods, safety Architect’s review shall not constitute approval ofobligations under Sections 3.3, 3.5, and 3.12. The ctor of the ontractor’s submittals shall not relieve the ContraContract Documents. The Architect’s review of the Cred by the emain the responsibility of the Contractor as requiperformance of equipment or systems, all of which rr installation or d quantities, or for substantiating instructions focompleteness of other details such as dimensions anaccuracy and s not conducted for the purpose of determining the permit adequate review. Review of such submittals idgment to sufficient time in the Architect’s professional juschedule, with reasonable promptness while allowingsubmittal by the Architect or, in the absence of an approved in accordance with the submittal schedule approved ill be taken in the Contract Documents. The Architect’s action winformation given and the design concept expressed nce with ly for the limited purpose of checking for conformaas Shop Drawings, Product Data, and Samples, but ontals such er appropriate action upon, the Contractor’s submit The Architect will review and approve, or take oth§ 4.2.7 ties performing portions of the Work. their agents or employees, or other persons or entiractors, suppliers, ibility of the Architect to the Contractor, Subcontsuch authority shall give rise to a duty or responsor not to exercise r a decision made in good faith either to exercise However, neither this authority of the Architect nor completed. whether or not the Work is fabricated, installed oWork in accordance with Sections 13.4.2 and 13.4.3, or testing of the Architect will have authority to require inspectionArchitect considers it necessary or advisable, the the es not conform to the Contract Documents. Whenever The Architect has authority to reject Work that do§ 4.2.6 issue Certificates for Payment in such amounts. and certify the amounts due the Contractor and will review ctor’s Applications for Payment, the Architect will Based on the Architect’s evaluations of the Contra§ 4.2.5 364 Contract. urety, if any, obligated under bond relating to the assignment is subject to the prior rights of the s.2 Subcontractor and Contractor; and nts that the Owner accepts by notifying the Section 14.2 and only for those subcontract agreemethe Contract by the Owner for cause pursuant to assignment is effective only after termination of .1 ided that rk is assigned by the Contractor to the Owner, prov Each subcontract agreement for a portion of the Wo§ 5.4.1§ 5.4 Contingent Assignment of Subcontracts tractors. s available to their respective proposed Sub-subconmake copies of applicable portions of such documentl similarly nce with the Contract Documents. Subcontractors wilproposed subcontract agreement that may be at variaitions of the actor, identify to the Subcontractor terms and condbe bound, and, upon written request of the Subcontrcontractor will , copies of the Contract Documents to which the Subprior to the execution of the subcontract agreementntractor, tractor shall make available to each proposed Subcosimilar agreements with Sub-subcontractors. The Cono enter into , the Contractor shall require each Subcontractor tDocuments, has against the Owner. Where appropriate, by the Contract redress against the Contractor that the Contractoragreement, the benefit of all rights, remedies, and the subcontract ntractor, unless specifically provided otherwise inprejudice such rights, and shall allow to the Subco will not by the Subcontractor so that subcontracting thereofDocuments with respect to the Work to be performed Contract ct the rights of the Owner and Architect under the Each subcontract agreement shall preserve and protechitect. Contract Documents, assumes toward the Owner and ArSubcontractor’s Work that the Contractor, by these y of the nsibilities, including the responsibility for safettoward the Contractor all the obligations and respoto assume Contractor by terms of the Contract Documents, and performed by the Subcontractor, to be bound to the e Work to be all require each Subcontractor, to the extent of thBy appropriate written agreement, the Contractor sh§ 5.3 Subcontractual Relations stitution. or Architect makes reasonable objection to such sub the Owner r, person, or entity for one previously selected if The Contractor shall not substitute a Subcontracto§ 5.2.4 submitting names as required. ly in ss the Contractor has acted promptly and responsiveContract Time shall be allowed for such change unlet Sum or tractor’s Work. However, no increase in the Contracissued before commencement of the substitute Subcon Order shall be ccasioned by such change, and an appropriate Changeincreased or decreased by the difference, if any, ome shall be rforming the Work, the Contract Sum and Contract Tirejected Subcontractor was reasonably capable of peoposed but or Architect has no reasonable objection. If the prContractor shall propose another to whom the Owner the to a person or entity proposed by the Contractor, If the Owner or Architect has reasonable objection§ 5.2.3 has made reasonable objection. the Contractor ll not be required to contract with anyone to whom reasonable and timely objection. The Contractor sha made person or entity to whom the Owner or Architect has The Contractor shall not contract with a proposed § 5.2.2 n. d shall constitute notice of no reasonable objectioArchitect to provide notice within the 14-day perio Failure of the entity or (2) requires additional time for review.reasonable objection to any such proposed person or (1) has y the Contractor whether the Owner or the Architectreceipt of the information, the Architect may notif 14 days of or equipment fabricated to a special design. WithinWork, including those who are to furnish materials portion of the he persons or entities proposed for each principal Contract, shall notify the Owner and Architect of t of the the Contractor, as soon as practicable after award Unless otherwise stated in the Contract Documents,§ 5.2.1 Portions of the Work § 5.2 Award of Subcontracts and Other Contracts for tor. an authorized representative of the Sub-subcontracsingular in number and means a Sub-subcontractor or Documents as if bcontractor” is referred to throughout the Contracta portion of the Work at the site. The term “Sub-suto perform a direct or indirect contract with a Subcontractor A Sub-subcontractor is a person or entity who has § 5.1.2 of a Separate Contractor. include a Separate Contractor or the subcontractorsr” does not tative of the Subcontractor. The term “Subcontractoand means a Subcontractor or an authorized represenular in number red to throughout the Contract Documents as if singWork at the site. The term “Subcontractor” is referion of the rect contract with the Contractor to perform a port A Subcontractor is a person or entity who has a di§ 5.1.1§ 5.1 Definitions ARTICLE 5 SUBCONTRACTORS 365 5. or Separate Contractor as provided in Section 10.2.completed construction or to property of the Owner tially he Contractor wrongfully causes to completed or par The Contractor shall promptly remedy damage that t§ 6.2.4 onstruction. timed activities, damage to the Work or defective cs, improperly tor incurs because of a Separate Contractor’s delayresponsible to the Contractor for costs the Contrachall be d activities or defective construction. The Owner sbecause of the Contractor’s delays, improperly timentractor the Owner incurs that are payable to a Separate Co The Contractor shall reimburse the Owner for costs§ 6.2.3 e not apparent. rations by the Owner or Separate Contractor that ardiscrepancies or defects in the construction or opele for actor’s Work. The Contractor shall not be responsibconstruction is fit and proper to receive the Contrparate Contractor’s completed or partially completeconstitute an acknowledgment that the Owner’s or Seork shall repancies or defects prior to proceeding with the WContractor to notify the Architect of apparent discFailure of the er execution and results of the Contractor’s Work. Contractor that would render it unsuitable for proper or Separate efects in the construction or operations by the Ownnotify the Architect of apparent discrepancies or dk, promptly l, prior to proceeding with that portion of the WorOwner or a Separate Contractor, the Contractor shalons by the r execution or results upon construction or operati If part of the Contractor’s Work depends for prope§ 6.2.2 s as required by the Contract Documents. Contractor’s construction and operations with theirordinate the mance of their activities, and shall connect and costorage of their materials and equipment and perforn and Contractors reasonable opportunity for introductio The Contractor shall afford the Owner and Separate§ 6.2.1§ 6.2 Mutual Responsibility , this Article 6, and Articles 10, 11, and 12. without excluding others, those stated in Article 3t, including, Contractor has under the Conditions of the Contracshall have the same obligations and rights that therate Contractors or with Separate Contractors, the Owner or its Separelated to the Project with the Owner’s own forces ns s, when the Owner performs construction or operatio Unless otherwise provided in the Contract Document§ 6.1.4 subsequently revised. the Owner until used by the Contractor, Separate Contractors, and schedules shall then constitute the schedules to be construction sary after a joint review and mutual agreement. Therevisions to its construction schedule deemed necese any ir construction schedules. The Contractor shall makSeparate Contractors and the Owner in reviewing theipate with any ll cooperate with them. The Contractor shall particContractor with the Work of the Contractor, who sharate tivities of the Owner’s own forces and of each Sepa The Owner shall provide for coordination of the ac§ 6.1.3 separate Owner-Contractor Agreement. xecutes each uments in each case shall mean the Contractor who ethe site, the term “Contractor” in the Contract Docerations on portions of the Project or other construction or op When separate contracts are awarded for different § 6.1.2 subrogation. nce and waiver of of the Conditions of the Contract related to insurathose of this Contract, including those provisions lly similar to etained under Conditions of the Contract substantiaOwner’s own forces, and with Separate Contractors rwith the construction or operations related to the Project agreements. The Owner reserves the right to perform contractors retained by the Owner under separate The term “Separate Contractor(s)” shall mean other§ 6.1.1Award Separate Contracts § 6.1 Owner’s Right to Perform Construction and to NTRACTORS ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CO subcontract. under the for all of the successor contractor’s obligations Owner shall nevertheless remain legally responsibler other entity, the assigns the subcontract to a successor contractor osuccessor contractor or other entity. If the Owner 4, the Owner may further assign the subcontract to Upon assignment to the Owner under this Section 5.§ 5.4.3 ses in cost resulting from the suspension. compensation shall be equitably adjusted for increaed for more than 30 days, the Subcontractor’s Upon such assignment, if the Work has been suspend§ 5.4.2 obligations under the subcontract. ights and act agreement, the Owner assumes the Contractor’s rWhen the Owner accepts the assignment of a subcontr 366 Section 7.3.4 shall be limited to the following: Contract Documents, costs for the purposes of this in the ropriate supporting data. Unless otherwise providedprescribe, an itemized accounting together with apptect may r shall keep and present, in such form as the Archicase, and also under Section 7.3.3.3, the Contracto amount. In such amount is set forth in the Agreement, a reasonableprofit as set forth in the Agreement, or if no suchfor overhead and case of an increase in the Contract Sum, an amount the Work attributable to the change, including, in ose performing basis of reasonable expenditures and savings of ththe Architect shall determine the adjustment on thect Sum, agrees with the method for adjustment in the Contra If the Contractor does not respond promptly or dis§ 7.3.4 As provided in Section 7.3.4. .4 percentage fee; or he parties and a mutually acceptable fixed or Cost to be determined in a manner agreed upon by t.3 bsequently agreed upon; Unit prices stated in the Contract Documents or su.2 permit evaluation; and supported by sufficient substantiating data to Mutual acceptance of a lump sum properly itemized .1 based on one of the following methods: hall be an adjustment to the Contract Sum, the adjustment s If the Construction Change Directive provides for § 7.3.3 Order. nge he absence of total agreement on the terms of a Cha A Construction Change Directive shall be used in t§ 7.3.2 Sum and Contract Time being adjusted accordingly. ns, the Contract onsisting of additions, deletions, or other revisiothe Work within the general scope of the Contract cr changes in Directive, without invalidating the Contract, ordeTime, or both. The Owner may by Construction Changem or Contract agreement on adjustment, if any, in the Contract SuArchitect, directing a change in the Work prior to and prepared by the Architect and signed by the Owner A Construction Change Directive is a written order§ 7.3.1§ 7.3 Construction Change Directives act Time. The extent of the adjustment, if any, in the Contr.3 act Sum; and The amount of the adjustment, if any, in the Contr.2 The change in the Work; .1 ollowing: Architect stating their agreement upon all of the f and the Architect and signed by the Owner, Contractor, A Change Order is a written instrument prepared by§ 7.2.1§ 7.2 Change Orders change in the Work. Construction Change Directive, or order for a minorder, he Work, unless otherwise provided in the Change OrContractor shall proceed promptly with changes in tcable provisions of the Contract Documents. The Changes in the Work shall be performed under appli§ 7.1.3 ed by the Architect alone. An order for a minor change in the Work may be issuContractor. d Architect and may or may not be agreed to by the Change Directive requires agreement by the Owner anon the Owner, Contractor, and Architect. A Constructi A Change Order shall be based upon agreement among§ 7.1.2 in the Contract Documents. limitations stated in this Article 7 and elsewhere ect to the ctive or order for a minor change in the Work, subjContract, by Change Order, Construction Change Dire ution of the Contract, and without invalidating the Changes in the Work may be accomplished after exec§ 7.1.1§ 7.1 General ARTICLE 7 CHANGES IN THE WORK the cost among those responsible. Owner may clean up and the Architect will allocate ubbish, the nd surrounding area free from waste materials and rrespective contracts for maintaining the premises a under their Contractors, and the Owner as to the responsibilityIf a dispute arises among the Contractor, Separate § 6.3 Owner’s Right to Clean Up described for the Contractor in Section 3.14. as are the same responsibilities for cutting and patching The Owner and each Separate Contractor shall have § 6.2.5 367 9.8. tified by the Architect in accordance with Section The date of Substantial Completion is the date cer§ 8.1.3 stablished in the Agreement. The date of commencement of the Work is the date e§ 8.1.2 f the Work. the Contract Documents for Substantial Completion ootted in riod of time, including authorized adjustments, all Unless otherwise provided, Contract Time is the pe§ 8.1.1§ 8.1 Definitions ARTICLE 8 TIME Contract Time. adjustment to the Contract Sum or extension of the ractor waives any affect the Contract Sum or Contract Time, the Contprior notice to the Architect that such change will change without Work set forth in the Architect’s order for a minorchange in the Work. If the Contractor performs the ement the notify the Architect and shall not proceed to implContract Sum or Contract Time, the Contractor shallrk will affect the r believes that the proposed minor change in the Wominor changes shall be in writing. If the Contracto order for an extension of the Contract Time. The Architect’sdo not involve an adjustment in the Contract Sum orDocuments and hat are consistent with the intent of the Contract The Architect may order minor changes in the Work t§ 7.4 Minor Changes in the Work Directive. issued for all or any part of a Construction Changemay be chitect will prepare a Change Order. Change Orders agreement shall be effective immediately and the Arsuch or otherwise reach agreement upon the adjustments, adjustments in the Contract Sum and Contract Time, nation made by the Architect concerning the When the Owner and Contractor agree with a determi§ 7.3.10 Article 15. y to disagree and assert a Claim in accordance witha Change Order, subject to the right of either parthe same basis as mination of cost shall adjust the Contract Sum on treasonably justified. The Architect’s interim deter, to be etermines, in the Architect’s professional judgmentcertify for payment the amount that the Architect dse costs and rposes of monthly certification for payment for thoArchitect will make an interim determination for pument. The nstruction Change Directive in Applications for Paymay request payment for Work completed under the Contractor Construction Change Directive to the Owner, the Co Pending final determination of the total cost of a§ 7.3.9 to that change. on the basis of net increase, if any, with respect shall be figured in a change, the allowance for overhead and profitcovering related Work or substitutions are involvedns and credits st as confirmed by the Architect. When both additiodecrease in the Contract Sum shall be actual net cots in a net or to the Owner for a deletion or change that resul The amount of credit to be allowed by the Contract§ 7.3.8 Change Order. be effective immediately and shall be recorded as aent shall ime or the method for determining them. Such agreemincluding adjustment in Contract Sum and Contract Tth, ractor indicates the Contractor’s agreement therewi A Construction Change Directive signed by the Cont§ 7.3.7 Contract Time. Sum or etermining the proposed adjustment in the Contract provided in the Construction Change Directive for dif any, actor’s agreement or disagreement with the method, Work involved and advise the Architect of the Contre in the he Contractor shall promptly proceed with the chang Upon receipt of a Construction Change Directive, t§ 7.3.6 accordance with applicable provisions of Article 15 in the Contract Time, the Contractor may make a Claim If the Contractor disagrees with the adjustment in§ 7.3.5 rectly attributable to the change. Costs of supervision and field office personnel di.5 related to the change; and mit fees, and sales, use, or similar taxes, directl Costs of premiums for all bonds and insurance, per.4 or others; of hand tools, whether rented from the Contractor Rental costs of machinery and equipment, exclusive.3 consumed; ding cost of transportation, whether incorporated o Costs of materials, supplies, and equipment, inclu.2 costs approved by the Architect; workers’ compensation insurance, and other employee, fringe benefits required by agreement or custom, Costs of labor, including applicable payroll taxes.1 368 Architect, but not yet included in Change Orders. tions of the truction Change Directives, or by interim determinathe Work that have been properly authorized by Conss in y include requests for payment on account of change As provided in Section 7.3.9, such applications ma§ 9.3.1.1 provided for in the Contract Documents. etainage if m Subcontractors and suppliers, and shall reflect rrequisitions, and releases and waivers of liens froies of nt that the Owner or Architect require, such as copdata substantiating the Contractor’s right to paymesupported by all e application shall be notarized, if required, and Section 9.2, for completed portions of the Work. Thequired under red in accordance with the schedule of values, if rArchitect an itemized Application for Payment prepato the each progress payment, the Contractor shall submit At least ten days before the date established for § 9.3.1§ 9.3 Applications for Payment Payment. t Applications for as a basis for reviewing the Contractor’s subsequenunless objected to by the Architect, shall be used y require, and ta to substantiate its accuracy as the Architect masubmitted to the Architect and supported by such daAny changes to the schedule of values shall be for Payment.a basis for reviewing the Contractor’s Applicationsct, shall be used as t. This schedule, unless objected to by the Architesubstantiate its accuracy, required by the Architeche data to s shall be prepared in the form, and supported by tvarious portions of the Work. The schedule of valuentract Sum to the t Application for Payment, allocating the entire Coschedule of values to the Architect before the firsit a Guaranteed Maximum Price, the Contractor shall submWhere the Contract is based on a stipulated sum or § 9.2 Schedule of Values unit prices shall be equitably adjusted. inequity to the Owner or Contractor, the applicableauses substantial tion of such unit prices to the actual quantities ccontemplated are materially changed so that applicaiginally s or subsequently agreed upon, and if quantities or If unit prices are stated in the Contract Document§ 9.1.2 nce of the Work under the Contract Documents. payable by the Owner to the Contractor for performancluding authorized adjustments, is the total amoun The Contract Sum is stated in the Agreement and, i§ 9.1.1§ 9.1 Contract Sum ARTICLE 9 PAYMENTS AND COMPLETION Contract Documents. ns of the ages for delay by either party under other provisio This Section 8.3 does not preclude recovery of dam§ 8.3.3 e with applicable provisions of Article 15. Claims relating to time shall be made in accordanc§ 8.3.2 may determine. as the Architect act Time shall be extended for such reasonable timeArchitect determines, justify delay, then the Contrerts, and the ion; or (5) by other causes that the Contractor assOwner pending mediation and binding dispute resoluthorized by the s beyond the Contractor’s control; (4) by delay autin accordance with Section 15.1.6.2, or other causeitions documented eries, unavoidable casualties, adverse weather cond(3) by labor disputes, fire, unusual delay in delived in the Work; , or of a Separate Contractor; (2) by changes orderof the Owner or Architect, of an employee of either neglect mmencement or progress of the Work by (1) an act or If the Contractor is delayed at any time in the co§ 8.3.1§ 8.3 Delays and Extensions of Time within the Contract Time. ion equate forces and shall achieve Substantial Complet The Contractor shall proceed expeditiously with ad§ 8.2.3 red to be furnished by the Contractor and Owner. Work prior to the effective date of insurance requince the ement or instruction of the Owner in writing, comme The Contractor shall not knowingly, except by agre§ 8.2.2 reasonable period for performing the Work. the Contractor confirms that the Contract Time is aeement, f the essence of the Contract. By executing the Agr Time limits stated in the Contract Documents are o§ 8.2.1§ 8.2 Progress and Completion defined. hall mean calendar day unless otherwise specificall The term “day” as used in the Contract Documents s§ 8.1.4 369 or equipment; ls y to Subcontractors or suppliers for labor, materia failure of the Contractor to make payments properl.3 or; acceptable to the Owner is provided by the Contracturity dicating probable filing of such claims, unless sec third party claims filed or reasonable evidence in.2 defective Work not remedied; .1 scribed in Section 3.3.2, because of including loss resulting from acts and omissions de responsible, ect the Owner from loss for which the Contractor ismay be necessary in the Architect’s opinion to proto such extent as t of a Certificate for Payment previously issued, tdiscovered evidence, may nullify the whole or a par subsequently o withhold a Certificate for Payment or, because ofrepresentations to the Owner. The Architect may alsable to make such Payment for the amount for which the Architect is the Architect will promptly issue a Certificate forevised amount, If the Contractor and Architect cannot agree on a rContractor and Owner as provided in Section 9.4.1. ll notify the in the amount of the Application, the Architect wimade. If the Architect is unable to certify payment9.4.2 cannot be e representations to the Owner required by Section protect the Owner, if in the Architect’s opinion thcessary to nt in whole or in part, to the extent reasonably ne The Architect may withhold a Certificate for Payme§ 9.5.1§ 9.5 Decisions to Withhold Certification account of the Contract Sum. paid on t purpose the Contractor has used money previously or (4) made examination to ascertain how or for whaght to payment; ed by the Owner to substantiate the Contractor’s riSubcontractors and suppliers and other data requests; (3) reviewed copies of requisitions received fromeans, methods, techniques, sequences, or procedured construction ck the quality or quantity of the Work; (2) revieweexhaustive or continuous on-site inspections to che (1) made will not be a representation that the Architect hasHowever, the issuance of a Certificate for Payment y the Architect. pletion, and to specific qualifications expressed bdeviations from the Contract Documents prior to comf minor f subsequent tests and inspections, to correction oDocuments upon Substantial Completion, to results o the Contract t to an evaluation of the Work for conformance withcertified. The foregoing representations are subjeche amount and that the Contractor is entitled to payment in tWork is in accordance with the Contract Documents, ality of the Work has progressed to the point indicated, the quArchitect’s knowledge, information, and belief, thest of the ata in the Application for Payment, that, to the beon the Architect’s evaluation of the Work and the dner, based stitute a representation by the Architect to the Ow The issuance of a Certificate for Payment will con§ 9.4.2 tion in whole as provided in Section 9.5.1. of the Architect’s reason for withholding certificatractor and Owner entire Application for Payment, and notify the ConSection 9.5.1; or (3) withhold certification of theart as provided in hitect’s reasons for withholding certification in pdue, and notify the Contractor and Owner of the Arcmines is properly for Payment for such amount as the Architect deterContractor; or (2) issue to the Owner a Certificateto the amount of the Application for Payment, with a copy to the Owner a Certificate for Payment in the full er (1) issue t of the Contractor’s Application for Payment, eith The Architect will, within seven days after receip§ 9.4.1§ 9.4 Certificates for Payment materials, and equipment relating to the Work. provided labor, ctors, suppliers, or other persons or entities thatencumbrances, in favor of the Contractor, Subcontraecurity interests, or , and belief, be free and clear of liens, claims, sthe best of the Contractor’s knowledge, informationer shall, to reviously issued and payments received from the OwnWork for which Certificates for Payment have been pfor Payment all her warrants that upon submittal of an Application later than the time of payment. The Contractor furt Owner no ered by an Application for Payment will pass to the The Contractor warrants that title to all Work cov§ 9.3.3 and equipment stored off the site. and transportation to the site, for such materials urance, storage, rest, and shall include the costs of applicable insand equipment or otherwise protect the Owner’s inteto such materials actory to the Owner to establish the Owner’s title compliance by the Contractor with procedures satisfoned upon quipment stored on or off the site shall be conditiagreed upon in writing. Payment for materials and et a location erials and equipment suitably stored off the site aby the Owner, payment may similarly be made for matved in advance for subsequent incorporation in the Work. If approequipment delivered and suitably stored at the sitend s, payments shall be made on account of materials a Unless otherwise provided in the Contract Document§ 9.3.2 the Contractor intends to pay. others whom r supplier, unless such Work has been performed by Contractor does not intend to pay a Subcontractor os for payment for portions of the Work for which th Applications for Payment shall not include request§ 9.3.1.2 370 asserted. which the lien or other claim for payment has been roperty against e Contractor may substitute a surety bond for the papproved by the applicable court, when required, thntractor. If er claim for payment, the Owner shall notify the Cotier. Upon receipt of notice of a lien claim or othsupplier of any or other claim for payment by any Subcontractor or litigation expenses, arising out of any lien claim ney’s fees and lity, damage or expense, including reasonable attordefend and indemnify the Owner from all loss, liabishall tions under the Contract Documents, the Contractor Provided the Owner has fulfilled its payment obliga§ 9.6.8 of the requirements of this provision. punitive damages against the Contractor for breach r entity to an award of ractor for breach of trust, or entitle any person oliability or tort liability on the part of the Contiduciary mmingled with money of the Contractor, create any fmoney to be placed in a separate account and not cohall require t was made by the Owner. Nothing contained herein sunder contract with the Contractor for which paymen, or both, suppliers who performed Work or furnished materialsheld by the Contractor for those Subcontractors or iers shall be ly performed by Subcontractors or provided by supplpayments received by the Contractor for Work properm, yment bond in the full penal sum of the Contract Su Unless the Contractor provides the Owner with a pa§ 9.6.7 n accordance with the Contract Documents. Owner shall not constitute acceptance of Work not iy the partial or entire use or occupancy of the Project b A Certificate for Payment, a progress payment, or § 9.6.6 9.6.3 and 9.6.4. ons 9.6.2, eated in a manner similar to that provided in Secti The Contractor’s payments to suppliers shall be tr§ 9.6.5 law. or supplier, except as may otherwise be required byto see to the payment of money to, a Subcontractor ation to pay, or Neither the Owner nor Architect shall have an obligto ascertain whether they have been properly paid. tors and suppliers he Owner shall have the right to contact Subcontracfails to furnish such evidence within seven days, te Contractor ner to the Contractor for subcontracted Work. If thSubcontractors and suppliers amounts paid by the Owrly paid e from the Contractor that the Contractor has prope The Owner has the right to request written evidenc§ 9.6.4 of portions of the Work done by such Subcontractor.r on account and action taken thereon by the Architect and Ownecompletion or amounts applied for by the Contractorcentages of ntractor, if practicable, information regarding per The Architect will, on request, furnish to a Subco§ 9.6.3 r manner. to make payments to Sub-subcontractors in a similawith each Subcontractor, require each Subcontractor agreement n of the Work. The Contractor shall, by appropriateContractor on account of the Subcontractor’s portionts to the reflecting percentages actually retained from paymethe amount to which the Subcontractor is entitled, he Owner, ter than seven days after receipt of payment from t The Contractor shall pay each Subcontractor, no la§ 9.6.2 and shall so notify the Architect. within the time provided in the Contract Documents,and ayment, the Owner shall make payment in the manner After the Architect has issued a Certificate for P§ 9.6.1§ 9.6 Progress Payments for Payment. next Application nd the Contractor shall reflect such payment on itsjoint check, the Owner shall notify the Architect ayments by equipment suitably delivered. If the Owner makes papayment for Work properly performed or material or d to make contractor or supplier to whom the Contractor faileissue joint checks to the Contractor and to any Sub option, t under Section 9.5.1.3, the Owner may, at its soleIf the Architect withholds certification for paymen§ 9.5.4 withheld. eviously removed, certification will be made for amounts pr When the reasons for withholding certification are§ 9.5.3 accordance with Article 15. whole or in part, that party may submit a Claim in 9.5.1, in n regarding a Certificate for Payment under Section When either party disputes the Architect’s decisio§ 9.5.2 ce with the Contract Documents. repeated failure to carry out the Work in accordan.7 quidated damages for the anticipated delay; or balance would not be adequate to cover actual or li leted within the Contract Time, and that the unpaid reasonable evidence that the Work will not be comp.6 damage to the Owner or a Separate Contractor; .5 ted for the unpaid balance of the Contract Sum; reasonable evidence that the Work cannot be comple.4 371 on of the Work. e used in order to determine and record the conditithe area to be occupied or portion of the Work to by inspect , the Owner, Contractor, and Architect shall jointl Immediately prior to such partial occupancy or use§ 9.9.2 agreement is reached, by decision of the Architect. if no tten agreement between the Owner and Contractor or,the progress of the Work shall be determined by wrid. The stage of occupancy or use shall not be unreasonably withhelSection 9.8.2. Consent of the Contractor to partialvided under l prepare and submit a list to the Architect as proportion substantially complete, the Contractor shalers a the Contract Documents. When the Contractor considthe Work and commencement of warranties required byr correction of and have agreed in writing concerning the period foheat, utilities, damage to the Work and insurance, urity, maintenance, o each of them for payments, retainage, if any, secaccepted in writing the responsibilities assigned tave ially complete, provided the Owner and Contractor hmay commence whether or not the portion is substant occupancy or use having jurisdiction over the Project. Such partialby the insurer and authorized by public authoritiess consented to th the Contractor, provided such occupancy or use isuch portion is designated by separate agreement wially completed portion of the Work at any stage whe The Owner may occupy or use any completed or parti§ 9.9.1§ 9.9 Partial Occupancy or Use nts. rdance with the requirements of the Contract Documeadjusted for Work that is incomplete or not in accoment shall be to the Work or designated portion thereof. Such paythe Owner shall make payment of retainage applying of surety if any, the Certificate. Upon such acceptance, and consent acceptance of responsibilities assigned to them in itten submitted to the Owner and Contractor for their wr The Certificate of Substantial Completion shall be§ 9.8.5 stantial Completion. unless otherwise provided in the Certificate of Subion thereof bstantial Completion of the Work or designated portContract Documents shall commence on the date of Sus required by the on the list accompanying the Certificate. Warrantiewithin which the Contractor shall finish all items fix the time t, utilities, damage to the Work and insurance; andOwner and Contractor for security, maintenance, heailities of the date of Substantial Completion; establish responsibof Substantial Completion that shall establish the ertificate stantially complete, the Architect will prepare a C When the Work or designated portion thereof is sub§ 9.8.4 Substantial Completion. itect to determine submit a request for another inspection by the ArchArchitect. In such case, the Contractor shall then ication by the ompletion, complete or correct such item upon notifbefore issuance of the Certificate of Substantial CContractor shall, signated portion thereof for its intended use, the that the Owner can occupy or utilize the Work or deDocuments so ficiently complete in accordance with the Contract included on the Contractor’s list, which is not suf, whether or not e. If the Architect’s inspection discloses any itemdesignated portion thereof is substantially complet Work or ct will make an inspection to determine whether the Upon receipt of the Contractor’s list, the Archite§ 9.8.3 rk in accordance with the Contract Documents. responsibility of the Contractor to complete all Wos not alter the ayment. Failure to include an item on such list doeitems to be completed or corrected prior to final prehensive list of or shall prepare and submit to the Architect a compseparately, is substantially complete, the Contractportion thereof which the Owner agrees to accept When the Contractor considers that the Work, or a § 9.8.2 its intended use. e the Work for ct Documents so that the Owner can occupy or utilizsufficiently complete in accordance with the Contrahereof is s of the Work when the Work or designated portion t Substantial Completion is the stage in the progres§ 9.8.1§ 9.8 Substantial Completion ract Documents. start-up, plus interest as provided for in the Contlay and f the Contractor’s reasonable costs of shutdown, dethe Contract Sum shall be increased by the amount oately and eived. The Contract Time shall be extended appropriWork until payment of the amount owing has been rectect, stop the even additional days’ notice to the Owner and Archidispute resolution, then the Contractor may, upon s by binding s, the amount certified by the Architect or awardedafter the date established in the Contract Documentn seven days , or if the Owner does not pay the Contractor withireceipt of the Contractor’s Application for Paymentseven days after ayment, through no fault of the Contractor, within If the Architect does not issue a Certificate for P§ 9.7 Failure of Payment 372 prevent damage, injury, or loss to on to or safety of, and shall provide reasonable protecti The Contractor shall take reasonable precautions f§ 10.2.1§ 10.2 Safety of Persons and Property connection with the performance of the Contract. s and programs in maintaining, and supervising all safety precautionThe Contractor shall be responsible for initiating,§ 10.1 Safety Precautions and Programs ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY final Application for Payment. at the time of n writing and identified by that payee as unsettledclaims by that payee except those previously made iver of ubcontractor, or a supplier, shall constitute a wai Acceptance of final payment by the Contractor, a S§ 9.10.5 Contract Documents, after final payment. audits performed by the Owner, if permitted by the .4 ct Documents; or terms of special warranties required by the Contra.3 s of the Contract Documents; failure of the Work to comply with the requirement.2 arising out of the Contract and unsettled; liens, Claims, security interests, or encumbrances.1 ver of Claims by the Owner except those arising fro The making of final payment shall constitute a wai§ 9.10.4 ims. except that it shall not constitute a waiver of Claayment, e made under terms and conditions governing final pcertification of such payment. Such payment shall b prior to all be submitted by the Contractor to the Architectportion of the Work fully completed and accepted shce due for that itten consent of the surety to payment of the balanDocuments, and if bonds have been furnished, the wrhe Contract or corrected is less than retainage stipulated in tthe remaining balance for Work not fully completed accepted. If portion of the Work fully completed, corrected, andContract, make payment of the balance due for that ating the certification by the Architect, and without terminOwner shall, upon application by the Contractor andfirms, the ffecting final completion, and the Architect so conof the Contractor or by issuance of Change Orders ano fault l completion thereof is materially delayed through If, after Substantial Completion of the Work, fina§ 9.10.3 orneys’ fees. encumbrance, including all costs and reasonable attterest, or to pay in discharging the lien, claim, security inthe Owner all money that the Owner may be compelledhall refund to satisfied after payments are made, the Contractor sclaim, security interest, or encumbrance remains unbrance. If a lien, ainst such lien, claim, security interest, or encumsatisfactory to the Owner to indemnify the Owner ag a bond r required by the Owner, the Contractor may furnishSubcontractor refuses to furnish a release or waivewner. If a tent and in such form as may be designated by the Oencumbrances arising out of the Contract, to the exrests, or eleases and waivers of liens, claims, security intesatisfaction of obligations, such as receipts and rhing payment or d (6) if required by the Owner, other data establiswarranties or specific Subcontractor warranties, anmanufacturers’ ) documentation of any special warranties, such as (4) consent of surety, if any, to final payment, (5ct Documents, enewable to cover the period required by the Contraknows of no reason that the insurance will not be rthe Contractor currently in effect, (3) a written statement that Documents to remain in force after final payment isby the Contract ) a certificate evidencing that insurance required by Owner) have been paid or otherwise satisfied, (2withheld y might be responsible or encumbered (less amounts the Work for which the Owner or the Owner’s properts connected with for materials and equipment, and other indebtednesthe Architect (1) an affidavit that payrolls, billsmits to ercentage shall become due until the Contractor sub Neither final payment nor any remaining retained p§ 9.10.2 being entitled to final payment have been fulfilledin Section 9.10.2 as precedent to the Contractor’s at conditions listed Payment will constitute a further representation thand payable. The Architect’s final Certificate for ertificate is due d to be due the Contractor and noted in the final CContract Documents and that the entire balance founnce with the inspections, the Work has been completed in accordaon the basis of the Architect’s on-site visits and on and belief, and to the best of the Architect’s knowledge, informatiissue a final Certificate for Payment stating that promptly d the Contract fully performed, the Architect will the Work acceptable under the Contract Documents an Architect finds hitect will promptly make such inspection. When thereceipt of a final Application for Payment, the Arcd upon ork is ready for final inspection and acceptance an Upon receipt of the Contractor’s notice that the W§ 9.10.1§ 9.10 Final Completion and Final Payment nts of the Contract Documents. acceptance of Work not complying with the requireme constitute use of a portion or portions of the Work shall not Unless otherwise agreed upon, partial occupancy or§ 9.9.3 373 rchitect will the material or substance. The Contractor and the Aperform the task of removal or safe containment of who are to presence or absence of the material or substance oror entities who are to perform tests verifying the ions of persons e Contractor and Architect the names and qualificatDocuments, the Owner shall furnish in writing to the Contract rendered harmless. Unless otherwise required by thsubstance is found to be present, to cause it to be material or e reported by the Contractor and, in the event suchthe presence or absence of the material or substanc to verify shall obtain the services of a licensed laboratory Upon receipt of the Contractor’s notice, the Owner§ 10.3.2 ion. ea and notify the Owner and Architect of the conditcondition, immediately stop Work in the affected arrecognizing the site by the Contractor, the Contractor shall, upon polychlorinated biphenyl (PCB), encountered on the os or l or substance, including but not limited to asbestinjury or death to persons resulting from a materiaeable bodily le precautions will be inadequate to prevent foreseaddressed in the Contract Documents and if reasonabtance not Contractor encounters a hazardous material or subsregarding hazardous materials or substances. If the any requirements included in the Contract Documents The Contractor is responsible for compliance with § 10.3.1§ 10.3 Hazardous Materials and Substances stigate the matter. sufficient detail to enable the other party to inveall provide ot exceeding 21 days after discovery. The notice shgiven to the other party within a reasonable time nt insured, shall be ible, notice of the injury or damage, whether or noothers for whose acts such party is legally responsher party, or of or property because of an act or omission of the otIf either party suffers injury or damage to person § 10.2.8 Injury or Damage to Person or Property create an unsafe condition. ge or nstruction or site to be loaded so as to cause dama The Contractor shall not permit any part of the co§ 10.2.7 tect. by the Contractor in writing to the Owner and Archirwise designated hall be the Contractor’s superintendent unless otheshall be the prevention of accidents. This person se duty r of the Contractor’s organization at the site whos The Contractor shall designate a responsible membe§ 10.2.6 Contractor’s obligations under Section 3.18. to the going obligations of the Contractor are in additionthe fault or negligence of the Contractor. The foreot attributable to for whose acts either of them may be liable, and nindirectly employed by either of them, or by anyonerectly or or omissions of the Owner or Architect or anyone diextent such damage or loss is attributable to acts oss to the make a Claim for the cost to remedy the damage or lSections 10.2.1.2 and 10.2.1.3. The Contractor may e under e liable and for which the Contractor is responsiblany of them, or by anyone for whose acts they may bctly employed by , a Sub-subcontractor, or anyone directly or indirewhole or in part by the Contractor, a Subcontractor3 caused in operty referred to in Sections 10.2.1.2 and 10.2.1.insurance required by the Contract Documents) to prss (other than damage or loss insured under propert The Contractor shall promptly remedy damage and lo§ 10.2.5 supervision of properly qualified personnel. ities under shall exercise utmost care and carry on such activnecessary for execution of the Work, the Contractorus materials or equipment, or unusual methods are When use or storage of explosives or other hazardo§ 10.2.4 the safeguards. and utilities of nd notifying the owners and users of adjacent sitesagainst hazards; promulgating safety regulations; ar warnings protection, including posting danger signs and othethe Contract, reasonable safeguards for safety and ce of n, as required by existing conditions and performan The Contractor shall implement, erect, and maintai§ 10.2.3 protection from damage, injury, or loss. ty or their authorities, bearing on safety of persons or properrules and regulations, and lawful orders of public codes, required by applicable laws, statutes, ordinances, The Contractor shall comply with, and give notices§ 10.2.2 construction. l, relocation, or replacement in the course of structures, and utilities not designated for removaays, ch as trees, shrubs, lawns, walks, pavements, roadw other property at the site or adjacent thereto, su.3 a Subcontractor, or a Sub-subcontractor; and under care, custody, or control of the Contractor, e, rated therein, whether in storage on or off the sit the Work and materials and equipment to be incorpo.2 affected thereby; employees on the Work and other persons who may be.1 374 arises from an act tor, the Owner shall, unless the lapse in coverage expiration. Upon receipt of notice from the Contracancellation or e notice to the Owner of such impending or actual cthe Contract Documents, the Contractor shall provide required by r actual cancellation or expiration of any insurancdate the Contractor becomes aware of an impending o Within three (3) business days of the ntractor’s Required Insurance.§ 11.1.4 Notice of Cancellation or Expiration of Co copy to be furnished. hall authorize a tor shall promptly furnish a copy of the bonds or sobligations arising under the Contract, the Contracment of to be a potential beneficiary of bonds covering payUpon the request of any person or entity appearing § 11.1.3 oject is located. issue surety bonds in the jurisdiction where the Prfrom a company or companies lawfully authorized to red bonds he Contractor shall purchase and maintain the requiconditions as required by the Contract Documents. Ts and ypes, for such penal sums, and subject to such term The Contractor shall provide surety bonds of the t§ 11.1.2 described in the Contract Documents. commercial general liability policy or as otherwiseor’s be named as additional insureds under the ContractOwner, Architect, and Architect’s consultants shallcated. The surance in the jurisdiction where the Project is loinsurance companies lawfully authorized to issue in or in the required insurance from an insurance companyDocuments. The Contractor shall purchase and maintahe Contract ns, as described in the Agreement or elsewhere in tendorsements, and subject to the terms and conditio the ce of the types and limits of liability, containing The Contractor shall purchase and maintain insuran§ 11.1.1§ 11.1 Contractor’s Insurance and Bonds ARTICLE 11 INSURANCE AND BONDS ided in Article 15 and Article 7. account of an emergency shall be determined as prove Contractor on nal compensation or extension of time claimed by thprevent threatened damage, injury, or loss. Additio discretion, to erty, the Contractor shall act, at the Contractor’sIn an emergency affecting safety of persons or prop§ 10.4 Emergencies . ontractor for all cost and expense thereby incurredContract Documents, the Owner shall reimburse the Cquired by the substance solely by reason of performing Work as rethe cost of remediation of a hazardous material or gency for or, the Contractor is held liable by a government a If, without negligence on the part of the Contract§ 10.3.6 to the Owner’s fault or negligence. nd expense are due ection 10.3.1, except to the extent that the cost aContractor fails to perform its obligations under Sere the ings to the site and negligently handles, or (2) whhazardous materials or substances the Contractor brn of ost and expense the Owner incurs (1) for remediatio The Contractor shall reimburse the Owner for the c§ 10.3.5 handling of such materials or substances. the Contractor’s fault or negligence in the use andto the extent of stances required by the Contract Documents, except shall be responsible for hazardous materials or subts. The Owner or substances are required by the Contract DocumenContractor brings to the site unless such materialsion 10.3 for hazardous materials or substances the The Owner shall not be responsible under this Sect§ 10.3.4 the party seeking indemnity. ult or negligence of that such damage, loss, or expense is due to the fa(other than the Work itself), except to the extent f tangible property disease or death, or to injury to or destruction oexpense is attributable to bodily injury, sickness,age, loss, or en rendered harmless, provided that such claim, damdeath as described in Section 10.3.1 and has not be bodily injury or fact the material or substance presents the risk ofperformance of the Work in the affected area if in ng from mited to attorneys’ fees, arising out of or resultidamages, losses, and expenses, including but not ligainst claims, and agents and employees of any of them from and aSubcontractors, Architect, Architect’s consultants,shall indemnify and hold harmless the Contractor, To the fullest extent permitted by law, the Owner § 10.3.3 start-up. own, delay, and e Contractor’s reasonable additional costs of shutdContract Sum shall be increased by the amount of thely and the der, the Contract Time shall be extended appropriatagreement of the Owner and Contractor. By Change Or written rmless, Work in the affected area shall resume uponWhen the material or substance has been rendered haection. Contractor and the Architect have no reasonable objOwner, the Owner shall propose another to whom the oposed by the Architect has an objection to a person or entity prproposed by the Owner. If either the Contractor or ersons or entities her or not either has reasonable objection to the ppromptly reply to the Owner in writing stating whet 375 y in Completion Insurance § 11.4 Loss of Use, Business Interruption, and Dela property insurance. by this separate ages caused by fire or other causes of loss coveredaccordance with the terms of Section 11.3.1 for damll rights in nt permissible by such policies, the Owner waives aProject during the construction period, to the extethose insuring the ed Project through a policy or policies other than property insurance is to be provided on the complet final payment parate from those insuring the Project, or if afterto the site by property insurance under policies seor adjacent r insures properties, real or personal or both, at If during the Project construction period the Owne§ 11.3.2 nsurable interest in the damaged property. or (3) whether or not the person or entity had an ictly or indirectly, on or entity did not pay the insurance premium direcontractual or otherwise, (2) even though that persf indemnification, that person or entity would otherwise have a duty oeffective as to a person or entity (1) even though ubrogation shall be ohibit this waiver of subrogation. This waiver of sclaims pursuant to this section 11.3.1 shall not prng to waive ased and maintained by each person or entity agreeisub-subcontractors. The policies of insurance purchntractors, and rchitect’s consultants, Separate Contractors, subcoand entities identified above from the Architect, Athe individuals shall require similar written waivers in favor of insurance. The Owner or Contractor, as appropriate,oceeds of such the Project, except such rights as they have to prAgreement or other property insurance applicable torequired by the ent those losses are covered by property insurance caused by fire, or other causes of loss, to the extes, for damages ontractors, sub-subcontractors, agents, and employeSeparate Contractors, if any, and any of their subctants; and (3) the other; (2) the Architect and Architect’s consulsub-subcontractors, agents, and employees, each of (1) each other and any of their subcontractors, The Owner and Contractor waive all rights against § 11.3.1§ 11.3 Waivers of Subrogation ired insurance. Owner of any contractual obligation to provide requt relieve the der. The furnishing of notice by the Owner shall nobe charged to the Owner by an appropriate Change Ore insurance shall ctor purchases replacement coverage, the cost of thhad it not expired or been cancelled. If the Contrathe insurance t any loss to the Owner would have been covered by Subcontractors, and Sub-subcontractors to the extenor, 3) the Owner waives all rights against the Contractand Contract Sum shall be equitably adjusted; and (ontract Time ge by either the Owner or the Contractor; (2) the Cbeen cured by the procurement of replacement coverase in coverage has shall have the right to stop the Work until the lapContractor, upon receipt of notice from the Owner, tor: (1) the erage arises from an act or omission of the Contraccancellation or expiration. Unless the lapse in cov or actual provide notice to the Contractor of such impendingrequired by the Contract Documents, the Owner shallinsurance actual cancellation or expiration of any property the date the Owner becomes aware of an impending or Within three (3) business days of ner’s Required Property Insurance.§ 11.2.3 Notice of Cancellation or Expiration of Ow attributable thereto. damages imburse the Contractor for all reasonable costs andmaintain the required insurance, the Owner shall rerchase or amaged by the failure or neglect of the Owner to punot provide written notice, and the Contractor is dhe Owner does all be charged to the Owner by a Change Order. If tprocured by the Owner. The cost of the insurance she been ner would have been covered by the insurance to havSub-subcontractors to the extent the loss to the Owractors, and r waives all rights against the Contractor, Subcontevent the Owner fails to procure coverage, the Owneusted. In the ntract Sum and Contract Time shall be equitably adjprovide coverage has been cured or resolved, the Co the failure to ntractors, and Sub-Subcontractors in the Work. Whenwill protect the interests of the Contractor, Subcourance that y delay commencement of the Work and may obtain insreceipt of notice from the Owner, the Contractor ma. Upon ractor in writing prior to commencement of the WorkContract Documents, the Owner shall inform the Contre in the n the amounts described in the Agreement or elsewheproperty insurance, with all of the coverages and iquired If the Owner fails to purchase and maintain the re rance.§ 11.2.2 Failure to Purchase Required Property Insu the jurisdiction where the Project is located. companies lawfully authorized to issue insurance innsurance e required insurance from an insurance company or iDocuments. The Owner shall purchase and maintain thhe Contract ns, as described in the Agreement or elsewhere in tendorsements, and subject to the terms and conditiothe types and limits of liability, containing the The Owner shall purchase and maintain insurance of § 11.2.1 § 11.2 Owner’s Insurance vide any required coverage. the Contractor of any contractual obligation to prol not relieve or. The furnishing of notice by the Contractor shalprocurement of replacement coverage by the Contracty the e Work until the lapse in coverage has been cured bor omission of the Owner, have the right to stop th 376 Section 2.5. e with or Architect, the Owner may correct it in accordancthat period after receipt of notice from the Owner ble time during ails to correct nonconforming Work within a reasonaa claim for breach of warranty. If the Contractor fctor and to make ives the rights to require correction by the Contraan opportunity to make the correction, the Owner wae the Contractor if the Owner fails to notify the Contractor and givDuring the one-year period for correction of Work, condition. ll give such notice promptly after discovery of thewritten acceptance of such condition. The Owner shantractor a do so, unless the Owner has previously given the Copromptly after receipt of notice from the Owner to shall correct it irements of the Contract Documents, the Contractor Work is found to be not in accordance with the requ, any of the special warranty required by the Contract Documentsunder Section 9.9.1, or by terms of any applicable established f or after the date for commencement of warranties Completion of the Work or designated portion thereoSubstantial Section 3.5, if, within one year after the date of In addition to the Contractor’s obligations under § 12.2.2.1§ 12.2.2 After Substantial Completion Contractor’s expense. be at the ervices and expenses made necessary thereby, shall replacement, and compensation for the Architect’s svering and dditional testing and inspections, the cost of uncoCosts of correcting such rejected Work, including aor completed. ompletion and whether or not fabricated, installed Contract Documents, discovered before Substantial Cirements of the by the Architect or failing to conform to the requThe Contractor shall promptly correct Work rejected§ 12.2.1 Before Substantial Completion § 12.2 Correction of Work expense. e cost of correction, shall be at the Contractor’s Documents, the costs of uncovering the Work, and thact e. If such Work is not in accordance with the ContrContract Sum and Contract Time as may be appropriatjustment to the the Contractor shall be entitled to an equitable adWork is in accordance with the Contract Documents, tor. If such such Work and it shall be uncovered by the Contracits being covered, the Architect may request to seee prior to Architect has not specifically requested to examin If a portion of the Work has been covered that the§ 12.1.2 ense without change in the Contract Time. examination and be replaced at the Contractor’s expor the Architect’s quested in writing by the Architect, be uncovered fexpressed in the Contract Documents, it must, if rely e Architect’s request or to requirements specifical If a portion of the Work is covered contrary to th§ 12.1.1§ 12.1 Uncovering of Work ARTICLE 12 UNCOVERING AND CORRECTION OF WORK Work. destroyed Directive for the reconstruction of the damaged or dispute, the Owner may issue a Construction Change resolution of any shall be resolved pursuant to Article 15. Pending out of the settlement or allocation of the proceedsractor arising ed loss, and any dispute between the Owner and Contproceeds, the Owner may proceed to settle the insurtion of the the terms of the proposed settlement or the allocapurpose. If the Contractor timely objects to eithered for that the damaged or destroyed Work in the amount allocatshall execute a Change Order for reconstruction of ntractor nate the Contract for convenience, the Owner and Coother agreement is made or the Owner does not termireafter, if no account and make the appropriate distributions. Theshall deposit the insurance proceeds in a separate eceipt, the Owner l be bound by the settlement and allocation. Upon rOwner shall settle the loss and the Contractor shalot object, the llocation of the proceeds. If the Contractor does nof notice to object to the proposed settlement or adays from receipt e insurance proceeds. The Contractor shall have 14 settlement as well as the proposed allocation of thposed shall notify the Contractor of the terms of the pro Prior to settlement of an insured loss, the Owner § 11.5.2 ants and Subcontractors in similar manner. and Contractor shall make payments to their consults the Architect received by the Owner, and by appropriate agreementContractor their just shares of insurance proceeds ct and of Section 11.5.2. The Owner shall pay the Architerequirements of any applicable mortgagee clause andsubject to y for the insureds, as their interests may appear, fiduciary and made payable to the Owner as fiduciaras ed by the Agreement shall be adjusted by the Owner A loss insured under the property insurance requir§ 11.5.1§11.5 Adjustment and Settlement of Insured Loss fire or other hazards however caused. property, due to actor and Architect for loss of use of the Owner’s Owner waives all rights of action against the Contrs of loss. The nduct normal operations, due to fire or other causeuse of the Owner’s property, or the inability to const loss of maintain insurance that will protect the Owner agaiThe Owner, at the Owner’s option, may purchase and 377 ions, and tor shall make arrangements for such tests, inspectauthorities. Unless otherwise provided, the Contrac of public ces, codes, rules, and regulations or lawful ordersDocuments and by applicable laws, statutes, ordinanhe Work shall be made as required by the Contract Tests, inspections, and approvals of portions of t§ 13.4.1§ 13.4 Tests and Inspections reed upon in writing. breach thereunder, except as may be specifically agquiescence in a tion or failure to act constitute approval of or acafforded them under the Contract, nor shall such acht or duty t, or Contractor shall constitute a waiver of a rig No action or failure to act by the Owner, Architec§ 13.3.2 by law. posed or available ies, obligations, rights, and remedies otherwise imshall be in addition to and not a limitation of dut uments and rights and remedies available thereunder Duties and obligations imposed by the Contract Doc§ 13.3.1§ 13.3 Rights and Remedies quired to facilitate the assignment. Contractor shall execute all consents reasonably re Documents. The e Owner’s rights and obligations under the Contractfinancing for the Project, if the lender assumes thion assign the Contract to a lender providing construct The Owner may, without consent of the Contractor, § 13.2.2 responsible for all obligations under the Contract.ain legally out such consent, that party shall nevertheless remIf either party attempts to make an assignment withsent of the other. assign the Contract as a whole without written conSection 13.2.2, neither party to the Contract shallas provided in ations contained in the Contract Documents. Except representatives to covenants, agreements, and oblig ves, their partners, successors, assigns, and legal The Owner and Contractor respectively bind themsel§ 13.2.1§ 13.2 Successors and Assigns Arbitration Act shall govern Section 15.4. ion, the Federal rbitration as the method of binding dispute resolutchoice of law rules. If the parties have selected arisdiction’s ace where the Project is located, excluding that juThe Contract shall be governed by the law of the pl§ 13.1 Governing Law ARTICLE 13 MISCELLANEOUS PROVISIONS e. effected whether or not final payment has been madappropriate and equitable. Such adjustment shall bee reduced as d correction, in which case the Contract Sum will bOwner may do so instead of requiring its removal ancuments, the accordance with the requirements of the Contract DoIf the Owner prefers to accept Work that is not in § 12.3 Acceptance of Nonconforming Work ons other than specifically to correct the Work. liability with respect to the Contractor’s obligatiractor’s proceedings may be commenced to establish the Contsought to be enforced, nor to the time within whichments may be ich the obligation to comply with the Contract DocuWork, and has no relationship to the time within whactor to correct the elates only to the specific obligation of the Contrcorrection of Work as described in Section 12.2.2 rd for ract Documents. Establishment of the one-year perioother obligations the Contractor has under the Contspect to nstrued to establish a period of limitation with re Nothing contained in this Section 12.2 shall be co§ 12.2.5 ontract Documents. is not in accordance with the requirements of the Cl of Work that ed, caused by the Contractor’s correction or removaContractors, whether completed or partially completparate estroyed or damaged construction of the Owner or Se The Contractor shall bear the cost of correcting d§ 12.2.4 Owner. her corrected by the Contractor nor accepted by therequirements of the Contract Documents and are neit of the Work that are not in accordance with the The Contractor shall remove from the site portions§ 12.2.3 Contractor pursuant to this Section 12.2. ot be extended by corrective Work performed by the The one-year period for correction of Work shall n§ 12.2.2.3 completion of that portion of the Work. tual d of time between Substantial Completion and the acperformed after Substantial Completion by the perioe extended with respect to portions of Work first The one-year period for correction of Work shall b§ 12.2.2.2 378 , and costs incurred by reason of such termination.reasonable overhead and profit on Work not executedd, as well as and recover from the Owner payment for Work executeto the Owner and Architect, terminate the Contract ys’ notice or 14.1.2 exists, the Contractor may, upon seven da If one of the reasons described in Section 14.1.1 § 14.1.3 365-day period, whichever is less. ys in any number of days scheduled for completion, or 120 dain the aggregate more than 100 percent of the total 14.3, constitute he entire Work by the Owner as described in Sectionrepeated suspensions, delays, or interruptions of tthe Work, y other persons or entities performing portions of Sub-subcontractor, their agents or employees, or antor, a ugh no act or fault of the Contractor, a Subcontrac The Contractor may terminate the Contract if, thro§ 14.1.2 reasonable evidence as required by Section 2.2. The Owner has failed to furnish to the Contractor .4 e stated in the Contract Documents; or payment on a Certificate for Payment within the tim Section 9.4.1, or because the Owner has not made reason for withholding certification as provided in the for Payment and has not notified the Contractor of Because the Architect has not issued a Certificate.3 stopped; ional emergency, that requires all Work to be An act of government, such as a declaration of nat.2 stopped; to be thority having jurisdiction that requires all Work Issuance of an order of a court or other public au.1 y of the following reasons: or entities performing portions of the Work, for an any other persons a Sub-subcontractor, their agents or employees, orno act or fault of the Contractor, a Subcontractor,through ork is stopped for a period of 30 consecutive days The Contractor may terminate the Contract if the W§ 14.1.1§ 14.1 Termination by the Contractor ACT ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTR the Project is located. me at the place where ereof, at the legal rate prevailing from time to tiparties agree upon in writing or, in the absence that the rate the s shall bear interest from the date payment is due Payments due and unpaid under the Contract Document§ 13.5 Interest unreasonable delay in the Work. ract Documents shall be made promptly to avoid Tests or inspections conducted pursuant to the Cont§ 13.4.6 e, at the normal place of testing. Architect will do so promptly and, where practicablhe or approvals required by the Contract Documents, t If the Architect is to observe tests, inspections,§ 13.4.5 y delivered to the Architect. Documents, be secured by the Contractor and promptltract pproval shall, unless otherwise required by the Con Required certificates of testing, inspection, or a§ 13.4.4 be at the Contractor’s expense. expenses, shall s and compensation for the Architect’s services andsuch failure, including those of repeated procedure necessary by tablished by the Contract Documents, all costs madeportions of the Work to comply with requirements esthe under Sections 13.4.1 and 13.4.2 reveal failure of If procedures for testing, inspection, or approval § 13.4.3 he Owner’s expense. except as provided in Section 13.4.3, shall be at ts. Such costs, hat the Architect may be present for such procedureand where tests and inspections are to be made so thitect of when the Contractor shall give timely notice to the Arcapproval, by an entity acceptable to the Owner, and, inspection, or or to make arrangements for such additional testingauthorization from the Owner, instruct the Contractn written luded under Section 13.4.1, the Architect will, upoadditional testing, inspection, or approval not inck require ing jurisdiction determine that portions of the Wor If the Architect, Owner, or public authorities hav§ 13.4.2 r regulations so require. approvals where building codes or applicable laws octions, or ner shall directly arrange and pay for tests, inspebids are received or negotiations concluded. The Owents until after spections, or approvals that do not become requiremprocedures. The Owner shall bear costs of tests, inent for such ns are to be made so that the Architect may be prestimely notice of when and where tests and inspectio give the Architect s, inspections, and approvals. The Contractor shallauthority, and shall bear all related costs of testriate public entity acceptable to the Owner, or with the appropapprovals with an independent testing laboratory or 379 purchase orders. ders and enter into no further subcontracts and terminate all existing subcontracts and purchase orce, he effective date of termination stated in the notiexcept for Work directed to be performed prior to t.3 and ct, for the protection and preservation of the Work take actions necessary, or that the Owner may dire.2 otice; cease operations as directed by the Owner in the n.1 shall ination for the Owner’s convenience, the Contractor Upon receipt of notice from the Owner of such term§ 14.4.2 for the Owner’s convenience and without cause. The Owner may, at any time, terminate the Contract§ 14.4.1§ 14.4 Termination by the Owner for Convenience er another provision of the Contract. that an equitable adjustment is made or denied und.2 for which the Contractor is responsible; or uspended, delayed, or interrupted, by another cause that performance is, was, or would have been, so s.1 adjustment shall be made to the extent profit. No .3.1. Adjustment of the Contract Sum shall include suspension, delay, or interruption under Section 14ed for increases in the cost and time caused by The Contract Sum and Contract Time shall be adjust§ 14.3.2 er may determine. whole or in part for such period of time as the Own, in in writing to suspend, delay or interrupt the Work The Owner may, without cause, order the Contractor§ 14.3.1§ 14.3 Suspension by the Owner for Convenience termination of the Contract. yment shall survive Maker, upon application, and this obligation for pamay be, shall be certified by the Initial Decision , as the case r. The amount to be paid to the Contractor or Ownerthe Contractor shall pay the difference to the Ownepaid balance, Contractor. If such costs and damages exceed the unexpressly waived, such excess shall be paid to the and not y thereby, and other damages incurred by the Owner the Architect’s services and expenses made necessar for costs of finishing the Work, including compensation If the unpaid balance of the Contract Sum exceeds § 14.2.4 e Work is finished. not be entitled to receive further payment until thr shall the reasons stated in Section 14.2.1, the Contracto When the Owner terminates the Contract for one of § 14.2.3 by the Owner in finishing the Work. ed ontractor a detailed accounting of the costs incurrof the Contractor, the Owner shall furnish to the COwner may deem expedient. Upon written request Finish the Work by whatever reasonable method the .3 ion 5.4; and Accept assignment of subcontracts pursuant to Sect.2 by the Contractor; construction equipment and machinery thereon owned ession of all materials, equipment, tools, and Exclude the Contractor from the site and take poss.1 hts of the surety: of the Contractor and may, subject to any prior rigte employment actor’s surety, if any, seven days’ notice, terminaOwner and after giving the Contractor and the Contrr remedies of the Owner may, without prejudice to any other rights osufficient cause exists to justify such action, theat 1 exist, and upon certification by the Architect th When any of the reasons described in Section 14.2.§ 14.2.2 vision of the Contract Documents. otherwise is guilty of substantial breach of a pro.4 orders of a public authority; or rdinances, codes, rules and regulations, or lawful repeatedly disregards applicable laws, statutes, o.3 ppliers; between the Contractor and the Subcontractors or surs in accordance with the respective agreements fails to make payment to Subcontractors or supplie.2 rly skilled workers or proper materials; repeatedly refuses or fails to supply enough prope.1 ctor The Owner may terminate the Contract if the Contra§ 14.2.1§ 14.2 Termination by the Owner for Cause on 14.1.3. act and recover from the Owner as provided in Sectito the Owner and the Architect, terminate the Contral days’ notice f the Work, the Contractor may, upon seven additionwith respect to matters important to the progress oact Documents to fulfill the Owner’s obligations under the Controf the Work because the Owner has repeatedly failedorming portions or employees or any other persons or entities perfSubcontractor, a Sub-subcontractor, or their agents a ive days through no act or fault of the Contractor, If the Work is stopped for a period of 60 consecut§ 14.1.4 380 uled construction. anticipated, and had an adverse effect on the scheden reasonably abnormal for the period of time, could not have beby data substantiating that weather conditions weremented Claim for additional time, such Claim shall be docu If adverse weather conditions are the basis for a § 15.1.6.2 elay, only one Claim is necessary. progress of the Work. In the case of a continuing d of delay on include an estimate of cost and of probable effect15.1.3 shall be given. The Contractor’s Claim shallSection crease in the Contract Time, notice as provided in If the Contractor wishes to make a Claim for an in§ 15.1.6.1§ 15.1.6 Claims for Additional Time ering life or property arising under Section 10.4. required for Claims relating to an emergency endangPrior notice is not tion of the Work that is the subject of the Claim. shall be given before proceeding to execute the porction 15.1.3 rease in the Contract Sum, notice as provided in SeIf the Contractor wishes to make a Claim for an inc§ 15.1.5 Claims for Additional Cost ision of the Initial Decision Maker. Certificates for Payment in accordance with the decitect will issue roceed in accordance with this Article 15. The Archdecision, subject to the right of either party to pd in accordance with the Initial Decision Maker’s The Contract Sum and Contract Time shall be adjuste§ 15.1.4.2 ents. make payments in accordance with the Contract Documll continue to with performance of the Contract and the Owner shaArticle 14, the Contractor shall proceed diligently9.7 and erwise agreed in writing or as provided in Section Pending final resolution of a Claim, except as oth§ 15.1.4.1§ 15.1.4 Continuing Contract Performance ial Decision Maker is required. other party. In such event, no decision by the Initted by notice to the e Work set forth in Section 12.2.2, shall be initiaafter expiration of the period for correction of thvered e condition giving rise to the Claim is first disco Claims by either the Owner or Contractor, where th§ 15.1.3.2 giving rise to the Claim, whichever is later. s the condition r within 21 days after the claimant first recognizeoccurrence of the event giving rise to such Claim o1 days after r this Section 15.1.3.1 shall be initiated within 2Initial Decision Maker. Claims by either party undeot serving as the a copy sent to the Architect, if the Architect is nother party and to the Initial Decision Maker with tiated by notice to the the Work set forth in Section 12.2.2, shall be iniprior to expiration of the period for correction ofvered e condition giving rise to the Claim is first disco Claims by either the Owner or Contractor, where th§ 15.1.3.1§ 15.1.3 Notice of Claims t commenced in accordance with this Section 15.1.2.Contractor waive all Claims and causes of action no and te of Substantial Completion of the Work. The Ownerbut in any case not more than 10 years after the daapplicable law, n the Agreement and within the period specified by of the binding dispute resolution method selected ih the requirements breach of warranty or otherwise, in accordance witrelated to the Contract, whether in contract, tort,out of or and causes of action against the other and arising The Owner and Contractor shall commence all Claims § 15.1.2 Time Limits on Claims in accordance with the Contract Documents. file a Claim in order to impose liquidated damages e the Owner to king the Claim. This Section 15.1.1 does not requirto substantiate Claims shall rest with the party mahe responsibility actor arising out of or relating to the Contract. Tand matters in question between the Owner and Contres other disputes terms of the Contract. The term “Claim” also includContract Time, or other relief with respect to the , a change in the ies seeking, as a matter of right, payment of moneyA Claim is a demand or assertion by one of the part§ 15.1.1 Definition § 15.1 Claims ARTICLE 15 CLAIMS AND DISPUTES forth in the Agreement. Subcontracts; and the termination fee, if any, set ation of termination, including costs attributable to terminproperly executed; costs incurred by reason of the ience, the Owner shall pay the Contractor for Work In case of such termination for the Owner’s conven§ 14.4.3 381 proceedings with respect to the initial decision. g dispute resolution ties waive their rights to mediate or pursue bindinwithin 30 days after receipt thereof, then both parile for mediation made and the party receiving the demand fails to fother party file for mediation. If such a demand ishat the receipt of an initial decision, demand in writing t Either party may, within 30 days from the date of § 15.2.6.1 on 15.2.6.1. decision at any time, subject to the terms of Secti Either party may file for mediation of an initial § 15.2.6 resolution. on, to binding dispute rties fail to resolve their dispute through mediatithe parties but subject to mediation and, if the pa and binding on t Time or both. The initial decision shall be finalMaker, of any change in the Contract Sum or Contrac Initial Decision e Architect, if the Architect is not serving as thereasons therefor; and (3) notify the parties and thng; (2) state the Claim. This initial decision shall (1) be in writithe Initial Decision Maker is unable to resolve theating that decision approving or rejecting the Claim, or indic The Initial Decision Maker will render an initial § 15.2.5 part. Claim in whole or in l Decision Maker will either reject or approve the the response or supporting data, if any, the Initia Upon receipt of on Maker that no supporting data will be furnished.will be furnished, or (3) advise the Initial Decisisupporting data se the Initial Decision Maker when the response or response on the requested supporting data, (2) adviher (1) provide a en days after receipt of the request, and shall eitsupporting data, such party shall respond, within tnal provide a response to a Claim or to furnish additio If the Initial Decision Maker requests a party to § 15.2.4 persons at the Owner’s expense. of such Maker may request the Owner to authorize retentionMaker in rendering a decision. The Initial Decisionnitial Decision special knowledge or expertise who may assist the Iinformation from either party or from persons with seek ay, but shall not be obligated to, consult with or In evaluating Claims, the Initial Decision Maker m§ 15.2.3 the Claim. ropriate for the Initial Decision Maker to resolve Decision Maker’s sole discretion, it would be inappthat, in the Initial e Claim or if the Initial Decision Maker concludes sufficient information to evaluate the merits of thion Maker lacks is unable to resolve the Claim if the Initial Decisadvise the parties that the Initial Decision Maker ompromise, or (5) or in part, (3) approve the Claim, (4) suggest a cfrom the other party, (2) reject the Claim in wholesupporting data pporting data from the claimant or a response with of the following actions: (1) request additional suor more within ten days of the receipt of a Claim take one The Initial Decision Maker will review Claims and § 15.2.2 or entities other than the Owner. ctor and persons n Maker will not decide disputes between the Contraand all affected parties agree, the Initial Decisioecision Maker decision having been rendered. Unless the Initial Dmediation and binding dispute resolution without a may demand itial Decision Maker, the party asserting the Claim30 days after the Claim has been referred to the Ineen rendered within tion of any Claim. If an initial decision has not bshall be required as a condition precedent to mediaial decision ose Claims excluded by this Section 15.2.1, an initotherwise indicated in the Agreement. Except for thecision Maker, unless decision. The Architect will serve as the Initial Dreferred to the Initial Decision Maker for initial d 11.5, shall be ion 12.2.2 or arising under Sections 10.3, 10.4, anperiod for correction of the Work set forth in Secttion of the rise to the Claim is first discovered after expira Claims, excluding those where the condition giving§ 15.2.1§ 15.2 Initial Decision with the requirements of the Contract Documents. liquidated damages, when applicable, in accordance sment of is Section 15.1.7 shall be deemed to preclude assesaccordance with Article 14. Nothing contained in th’s termination in n, to all consequential damages due to either partyThis mutual waiver is applicable, without limitatio anticipated profit arising directly from the Work. xcept business and reputation, and for loss of profit, epersonnel stationed there, for losses of financing,ffice expenses including the compensation of damages incurred by the Contractor for principal o.2 persons; and or employee productivity or of the services of sucbusiness and reputation, and for loss of management for losses of use, income, profit, financing, damages incurred by the Owner for rental expenses,.1 Contract. This mutual waiver includes elating to this other for consequential damages arising out of or rThe Contractor and Owner waive Claims against each § 15.1.7 Waiver of Claims for Consequential Damages 382 jurisdiction thereof. y court having specifically enforceable under applicable law in anconsented to by parties to the Agreement, shall be ntity duly eements to arbitrate with an additional person or e The foregoing agreement to arbitrate and other agr§ 15.4.3 jurisdiction thereof. accordance with applicable law in any court having it in s shall be final, and judgment may be entered upon The award rendered by the arbitrator or arbitrator§ 15.4.2 legal or equitable proceedings based on the Claim. the institution of ity administering the arbitration shall constitute written demand for arbitration by the person or ents, receipt of a of limitations. For statute of limitations purposethe Claim would be barred by the applicable statuteproceedings based on he date when the institution of legal or equitable mediation, but in no event shall it be made after tthan concurrently with the filing of a request for A demand for arbitration shall be made no earlier § 15.4.1.1 arbitration is permitted to be demanded. y on which rt in the demand all Claims then known to that partfiling a notice of demand for arbitration must assebitration. The party iled with the person or entity administering the ardelivered to the other party to the Contract, and f made in writing, ally agreed upon. A demand for arbitration shall beProject is located, unless another location is mutuace where the ement. The Arbitration shall be conducted in the plArbitration Rules in effect on the date of the Agreuction Industry bitration Association in accordance with its Constrotherwise, shall be administered by the American Arties mutually agree all be subject to arbitration which, unless the parClaim subject to, but not resolved by, mediation sht, any thod for binding dispute resolution in the Agreemen If the parties have selected arbitration as the me§ 15.4.1§ 15.4 Arbitration t having jurisdiction thereof. be enforceable as settlement agreements in any courediation shall on is mutually agreed upon. Agreements reached in mwhere the Project is located, unless another locati the place filing fees equally. The mediation shall be held inThe parties shall share the mediator’s fee and any § 15.3.4 initial decision.dispute resolution proceedings with respect to the r rights to binding after receipt thereof, then both parties waive theifile for binding dispute resolution within 60 days demand fails to f such a demand is made and the party receiving theother party file for binding dispute resolution. Iing that the d without resolution of the dispute, demand in writdispute or 60 days after mediation has been demande the mediation has been concluded without resolution ofEither party may, within 30 days from the date that§ 15.3.3 roceedings. arbitrator(s) and agree upon a schedule for later pction of the .2, the parties may nonetheless proceed to the selearbitration is stayed pursuant to this Section 15.3t order. If an a longer period by agreement of the parties or cour60 days from the date of filing, unless stayed for for a period of oceedings, which shall be stayed pending mediation proceed in advance of binding dispute resolution pr mediation shall dispute resolution proceedings but, in such event,may be made concurrently with the filing of bindingdiation. The request iled with the person or entity administering the medelivered to the other party to the Contract, and fwriting, greement. A request for mediation shall be made in Mediation Procedures in effect on the date of the Auction Industry bitration Association in accordance with its Constrotherwise, shall be administered by the American Arree by mediation which, unless the parties mutually ag The parties shall endeavor to resolve their Claims§ 15.3.2 dispute resolution. recedent to binding 1.7, shall be subject to mediation as a condition pas provided for in Sections 9.10.4, 9.10.5, and 15.hose waived arising out of or related to the Contract, except t Claims, disputes, or other matters in controversy § 15.3.1§ 15.3 Mediation ien notice or filing deadlines. accordance with applicable law to comply with the leed in nic’s lien, the party asserting such Claim may proc If a Claim relates to or is the subject of a mecha§ 15.2.8 versy. est the surety’s assistance in resolving the controbut is not obligated to, notify the surety and requ, the Owner may, relates to a possibility of a Contractor’s defaultof the nature and amount of the Claim. If the Claimety, if any, Owner may, but is not obligated to, notify the surIn the event of a Claim against the Contractor, the§ 15.2.7 383 and Contractor under this Agreement. se of the Owner the same rights of joinder and consolidation as thoSection 15.4, whether by joinder or consolidation, this tity made a party to an arbitration conducted under The Owner and Contractor grant to any person or en§ 15.4.4.3 consent. er matter in question not described in the written consent to arbitration of any claim, dispute or othhall not constitute itration involving an additional person or entity sconsents in writing to such joinder. Consent to arbht to be joined corded in arbitration, provided that the party sougpresence is required if complete relief is to be ac fact whose bstantially involved in a common question of law orparty may include by joinder persons or entities suither ssociation or other applicable arbitration rules, e Subject to the rules of the American Arbitration A§ 15.4.4.2 arbitrator(s). similar procedural rules and methods for selecting materially ons of law or fact, and (3) the arbitrations employbe consolidated substantially involve common questi the arbitrations to ng the other arbitration permits consolidation, (2)provided that (1) the arbitration agreement governih it is a party r this Agreement with any other arbitration to whicparty may consolidate an arbitration conducted undeither ssociation or other applicable arbitration rules, e Subject to the rules of the American Arbitration A§ 15.4.4.1§ 15.4.4 Consolidation or Joinder 384 (CIP #3069) RELOCATION PROJECT PARKS AND FORESTRY K GER AT RISCONSTRUCTION MANAGA QUALIFICATIONSEQUEST FOR R 1 385 . for peing considered rently bthat are curroperties City of Rochester and the p thely owned by land theshowing AExhibit Please reference .space planning PFR would become partese two properties l, thCity Counci theapproved by are spurchase setheIf lity.the current facidirectly to the east of 133408346574and 741334083464 considering the purchase of Parcelsy ject and to plan for future growth, the City is currentlneeds of this proe In order to support th . ice areasthe City of Rochester serv to accessibility quick offersRoad 22 loop which , Highway 63, and25 located between strategically also is t I bus wash.a and fueling island, wash bay, tation, a fueling shicles, vefor city maintenance bays ter Public Works, Rochester Public Transit, for Roches spaceprovides building currently heT. with additional unheated accessory structures acres 35 pproximatelyaon is locatedsquare foot facility that ,486355a is on East River Road existing PWTOCe hT I. PROPERTY INFORMATIONI community. Rochester theof future growth and viability thethat will support o our community services tprovide excellent to continueto infrastructurelanning and facility powth Future gr D. .at the PWTOC resourcesration, and sharing of City productivity, collaboed to achievemultiple departments Creation of a centralized location for C. .and space needswith equipment accessibilitydowntown continued challenges with and for expansion opportunitieslimited alsofacilities development objectivesowth and ty grlong term Ci to promoteffic Operations s & Forestry and TraPark agingby d erties currently downtown propfor opportunitiesevelopment dCreation of B. .limited life expectancy of current facilities, and the between multiple locationsing spread efficiency limitations be, eficienciesdpace sphysical Parks and Forestry A. ject:ed through this progoals that need to be addressthe following witharted st jectpro (PFR) arks and Forestry RelocationPvision for the new e Th . ation, collaboration, and space utilizefficiencyfor increased environment , and Public Transit& F, Parks Public Worksdate and will serve to consoli location of the Public Works Transit Operations Center (PWTOC)the current to relocated artment Parks and Forestry depDepartmentand Forestry the Parks relocation of and remodeling associated with the constructionnew thefor )RCMRisk (at Construction Managerservices of a professional theis seeking (City) ity of RoThe C INTRODUCTIONI. (PCS) Manager at RiskConstruction – RFQ 2 386 NOT and remodeling but are of new construction combinationsize, scope, and ntative are These two options Architects.design work completed by TSP -pre thefrom options that resulted possible two as )it DibExh) and Option B (Exhibit Cprovided Option A (y has Forestry.the project to make room for Parks and could be a substantial part of, however this mationinfor itTransNOT include does Please note this programming .2023 September 1, TSP Programming Report dated - Exhibit BPlease reference Operations group. Transit, and the Traffic Forestry, but also and space planning for Parks only includenot The options . that are currently under consideration goals for the project the meet s to different option been completed has resulted indesign work that has -prePFR The ICESOPE OF SERVC. SV t.ecof the projnd objectives agoals the common irit of cooperation to meetwith a spcollaboratively work , CMR)(Designers, Owner team importance that the mostf the utot is I City staff. for expertise and support additionalto provide esentativeReprs ’the services of an Owner utilizingso be City will alhe T conclusion of the Construction Document bidding phase. made at the GMP amendment adrawinDesign Development theompletion of cestablished upon GMP will be The .(GMP) ricePimum axM uaranteedG delivery model) RConstruction Manager at Risk (CM cipated to be delivered through a FR projectPThe VERY METHODROJECT DELI. PIV ). if obtained( ndingRA fuLocal Funding, and I , City of RochesterntGra State Bondingcluding but not limited to the in the with all associated conditionsand irementshall adhere to all contracting requThe CMAR s wable.renetrified and ce of the existing PWTOC to also be 100% elecalanbwork will be to convert the scope of e 100% renewable when complete. A future s and areas of renovation to bbuildingnew for goal is The cost of those systems. thewill be available to support anticipated that fundings intended to be 100% electrified so it is source and ithermal heating and cooling a geoplanned with currentlyis tcejorp sihT .alifying expenses related to renewable energyfor qu IRA)(Reduction Act Inflation intending to seek funding through the also City is ster. The cheof Rothe City through lded project will be fun thedollars and the balance of Minnesota bonding State of ,500,000 in $14ct has received approval for projee Th .ysisprogramming and anale phas the conceptual to be refined through potentialhas the This .budget of construction with a 0, including soft costs is $35budget rall oveThe current PROJECT BUDGET III. (PCS) Manager at RiskConstruction – RFQ 3 387 .on budgetconstructi theortion of budget for those components that are an extremely large paccurately d services to correctly animating Provide geothermal and MEP specific cost est 10. design phase.hroughout the t, and value engineering input adatd system cost material an, cost estimatingProvide 9. .schedule efficiencylong term quality, and material availability, ness, to maximize cost effective and bid package structure sing strategyurchaProvide p 8. le.schedu constructionbe identified as milestones on the also Activities should .”s control’ Risks that are out of“ology, these would be Best Value terminIn .MR successfulthe Cand make he construction schedulesupport tto Owner and Designer that are required the for deliverables fromand due dates responsibilities to provide a written lCMR 7. .the GMP processand support align to n scheduleconstructio andve design of a comprehensiand maintenance Devel 6. sources. and heating the life of the system as compared to traditional cost savings over demonstrate the geothermal system for the City to be able to sis for cle cost analycy-Provide a life 5. .providing documentation of compliancelude which may inc requirementsam to support these sustainability ethe dcollaboratively with for workingguidelines. The CMR will be responsible Beyond (B3) , Benchmarks, and he State of Minnesota Buildingsto te debwill The 4. schedule enhancements.or quality, ,review, methods and materials that have an impact to cost constructabilityconstruction methods, alternativeg design for analysis durinand Evaluation 3. .neededother representatives as and or Preconstruction leader ,atorLead Estim, rgeby the Project Mana madeshould be This representation design phase meetings.pation and representation in ive particiAct 2. narrative. and Civil n MEPbased upon conceptual plan anized by systema budget estimate orgntation shall include This prese . 2024 February-idmin for presentation to the City Council successful design firm theprepared by to be ceptual design options conuation of Provide cost estimating support for eval 1. haseConstruction P-reP he phase of construction.by torganized limited to the following , shall include, but are not his projectices for t scope heT. rmsagreement foCMR the as outlined in jectseout phases of , construction, and cloconstruction-for the pre ecpractistandard profesCMR shall provide services that are normal and customary to heT . goalsmeets or exceeds the that escop establish a MR will work collaboratively to Cthe m and irthat the successful design f antiIt is . intended to be the final scope of the project (PCS) Manager at RiskConstruction – RFQ 4 388 City. thefrom n permissionchanged without writtecannot be RFQ proposed in this and superintendent anagerThe project m the work.ation of nand coordi managementfor proper site supervision -and onplan Pro 25. tilization.Uorkforce Wand essusinB edTargetrequirements for in accordance with the CMR shall complete the 24. requirements.nding and contracting all fu withand compliance s,applicable laws, regulationthat all work is done in compliance with ure s for making responsiblewill be 23. schedule. assurance, and adherence to the tyquali construction, ds of means and metho thell hold all contracts and be fully responsible for The CMR sha 22. Construction Phase funding sources.te statutes and Stathat meets all the requirements of the complete bidding processa dministration of A 21. project team. by the to be beneficial determinedas packages, or other mechanical, electrical, , -process. This may include geoValue selection the Best viakages pacbid to deliver certain kedbe aso RCMThe 20. .his purchasing planh tproceeds witty ithe Cas needed if ccordingly ages akpurchasing. CMR shall structure bid pac exempt-taxof to take advantage ctly direical equipment electrical and echanmpurchase mayy Cit heT 19. design team. contract drawingsincorporated into the ments to the bidders that can be quireuse in communicating refor s Develop phasing plan 18. adherence.and schedule phasing, , quality . This shall include requirements for safe working practices, tsbidding requiremend an lly related to biddingtion information specificacificaront end spemprehensive fcoPrepare 17. al.osthe GMP prop as strategiessteps and ing the ritten plan outlina w goals. onparticipati workforce themeet or exceed to design phase to develop strategies and work plans the meetingspate in 16. proposal.the GMP as ieseps and strategstthe ing outlina written plan Provide process.Targetted Businesses in the bidding from cipationtiparand maximize encourage sign phase to develop strategies and work plans to e deudgs meetiniparticP 15. ubmit a bid for the project. d firms to sifiefor qualthe ability not limitand ble,, be simplisticparties but for all uld manage risk . This process shoand the CMRCity ptable to the acce mutuallybidders that is ocess for qualification pr-Develop a pre 14. . nd establish a budget for each scope of worka umentsocDn ioConstruct theof completion theincide with to co ackagePid Brespective vide cost estimates for each Pro 13. with the GMP. associatedptions and clarification the assum allt that lists Developmenat the conclusion of Design MP estimate and proposal G Provide a 12. .ased upon drawings and an MEP and Civil narrativeb n of schematic designat the completio estimate comprehensivea vide Pro 11. (PCS) Manager at RiskConstruction – RFQ 5 389 communicated to the CMR prior to establishment of the GMP.s commissioning plan will be ’Ownersioning for the project. The complete the commisto s commissioning agent’k with the Ownerto wor actorspertinent subcontrand CMR 41. .reviewfor ativeRepresents ’the Ownerange order requests prior to submittal to chReview and certification of all subcontractor 40. .pation percentagesthe workforce particidate status of -to-along with the up r with each application fo should be submitted monthlyWBE / MBE progress report e Th 39. for p applications ’e current monthth withevious month pre documentation for thpayroll certified all CMR shall prepare and submit 38. .for payment entatives Repres’Ownerof all subcontractor payment requests prior to submittal to the nReview and certificatio 37. etc. , test reports,s’submittals, RFIs, supplemental instruction, proposal requestaddenda, ct drawings, jeincluding pro ,exchange of info thefacilitate The software should .teame project by thto be easily accessible information ll a for softwareproject management Provide 36. the Owner. required to be completed bypermits that are y dentify anwork. I thenecessary for completion of (AHJ) Jurisdictionuthorities Having the Ases, or approvals from Obtain all required permits, licen 35. greement.contract a with thefor compliance approve all contingency expenreview and ability to the haveThe Owner shall current contingency log.a and rder requests,change o ,sordernt, potential change tract amoucurrent con theweekly cost reports indicating -bi 34. .nd RFI logsasubmittal weekly review of meetingshese T , decisions, and required information.ll discussion pointsdocumentation for a and complete ovide weekly meetings during the construction phasePr 33. team. schedule activities to the or planning documents to communicate detailed schedules ”ahead-look“Provide 32. design deliverables. calinvolve critior ,erationsimpact Owner opquire Owner action, remilestones for activities that which include hly master schedule updates ontProvide m 31. design team.ritical submittal timelines to the c d materials and communicatingleafor managing long log and submittal scheduleprocurement omplete cMR shall CUpon award of contracts, 30. activities.working around the construction will be visitors that This includes the safety of City staff and y.etproject safCMR shall be responsible for the 29. requirements. frequency, and ion ups,-mock tion meetings,installa-rep irements,project requoutlines the m which quality management progratatImplemen 28. provisions.or temporary construction sequencingdeliberate which may require construction campus will remain 100% operational duringOC PWTThe and building additions. ,remodelingnew construction, personnel for execution of staff and PWTOC City thee approved by bwith schedules to Develop phasing plans 27. concerns. specific-siter and othestaging areas, contractor parking, r determining access points, foty iC theto be approved by Develop site logistics plans 26. (PCS) Manager at RiskConstruction – RFQ 6 390 51 of Key Personnel tise and ExperienceExper .Management at Risk projectsion Construct and successful completion ofability to demonstrate experience s ’nte 10 perience Ex iskR at ManagementConstruction Pass / Fail rementsication Requi :e followinghbased upon tthis project. The selection criteria will be services for MRssional Cprofeto provide the believe will result in the most qualified project team they the proposals which will be responsible for evaluating the Citycommittee selected by A . SELECTION CRVII objectives.goals and theability to meet firm’s determine each and s,proposalarify cost cl ,tand the project approachkey personnel, underswith familiarto become election committeesse, shortlisted firms will be interviewed by the Upon completion of the RFP respon –nterviews I .construction feesand preconstruction fees, general conditions costs, staffing costs, ,scheduleproject invite shortlisted firms to submit a ll RFP wiThe – roposal (RFP)Request for P .record safetyand xperience, team eproposed company experience,, ndingstafinancial de based upon The evaluation will be ma equest for Proposal (RFP).Ra future ipients to receive of rec ort lista shdetermine utilized to will be thatprocess based-qualificationsThe – (RFQ) Request for Qualification .City theselection committee appointed by administered by a step process-project based upon a multiple for thisll be selected wi PROCESSSELECTION . IV bates.reutility s applications for ’the Ownersupport copies of submittals to in the way of receipts, bill of materials, and assistance videPro 45. .ty issuesranand complete any war documentmonth walk through to -a 10 Facilitate year general warranty period.-ethe on duringof the Owner satisfaction laims, coordinate, and resolve all warranty c 44. ncially.y and finaoperationallboth information training, and all other required closeoutattic stock, , iesbuilt drawings, -as& maintenance manuals, operation surety, lien waivers, consent of , ities and documentation including but not limited toconstruction activ-omplete all postC 43. the project.items to facilitate final completion of n of punchlist y completioprovide timelDevelop and 42. (PCS) Manager at RiskConstruction – RFQ 7 391 CMR firms that are awarded the project.successful design and the negotiatand durations will be however the final dates ,general timeline for the ide a provto ded is intenThe schedule below this line line:uction Timeand Constr nDesig , 202311December –tract Con CMRCouncil Approval of , 202328No – irms)rt Listed F(Sho nterviewsI 00 PM2: – 2023, 22November –ue Date RFP D 10, 2023November – irms)Listed F FP Distribution (ShortR 0 PM2:0 –November 9 – Datee uD QRF 00 AM:11 – 20233, 2October –Site Meeting QRF , 202317October – Distribution QRF 1October – Qof RFDistribution –Council Approval .en Addendais information will be made by writtRisk. Any changes to thager at Manselection of a Construction ll be utilized for wi schedule followingThe :Selection Timeline CMR PROJECT SCHEDULE. IIVI 010 Points Available Total strategy. ngencyconti, and ansparency of feestrgeneral conditions, approach to , ityto the C servicesfor the proposed cost competitivenessoverall nts epondesThe r 40 CostProject ./ checkout implementationstems syoverall , and procurement of geothermal estimating,cost preconstructionability to respondent’s e hT .most technical aspects to this the one of the , and mechanical / electrical systems will beenergy renewable, he geothermalT 10 l / Electrical and Mechanicaewable Energy Ren meet the project objectives.team members to collaborate with all lity to , work plan,communicate the methodology ability to respondent’s The 25 oachProject Appr level marketing specialists. seniornot and ,the Cityfor sCMR day -to-day thephasis to be provided for Special emfor this proand involved proposedpecifically sare the expertise and experience of personnel that s ability to demonstrate ’Respondent (PCS) Manager at RiskConstruction – RFQ 8 392 .projects most relevant to this project ist 3L i. ExperienceCompany Relevant c. .Exhibit Es insurance requirements listed in ’Citythe or smeet thatproject insurance for the ility general liabspondent will be able to provide er theng that s insurance company stati’Provide a letter from the respondent iv. (if requested). jectvalue of this pros risk policy for 100% of the ’secure a builderwill be able to spondent reing that the company stats insurance ’the respondent Provide a letter from iii. .100% of the value of this project available for capacity sufficienthas the respondentvide a letter from a surety that Pro ii. ars.elast three yf (EMR) ication RatingModifExperience s’firm theparty indicating thirdProvide a letter from a i. ualifications RequirementsQ b. .ersonpc QIndicate RF ii. .irmsf ubconsultantsany & eadlirm fIndicate i. Cover Letter a. esponse R A. Information. Proposal IX 261, 20eptember S –Building Occupancy 202631, –1, 2026 – sioning / FF & ECommis 31, 2026ly uJ –April 14, 2025 –Construction Phase , 202511April –January 7, 2025 –Submittals / Material Procurement January 6, 2025 – sCouncil Approval of Bid 4, 20216of December Week –Post Bid Review 12, 2024December –November 25 – Phase 2024 22,November –2, 2024 No –Review / Updates Document tructionCons November 1, 2024 - Design Completion for Bidding 41, 202 August –Procurement Package Early 4February 26, 202 - mencementFull Design Com 2024 26,January – for Pricing C geaConceptual PackA / B , 202331December – Off-ickDesign K (PCS) Manager at RiskConstruction – RFQ 9 393 10 –Project Approach 2. 5 –Experience & Qualifications 1. )Minutes of Q & A 10 –Minutes of Presentation 03(iew Interv Minute 30 i. uture Interview FormatF C. ohn@pristashconstruction.com j -ash John Prist mn.gov@rochesterzwood –ck Wood Za termn.govrochessramsey@ –Scot Ramsey Deliver to: – copies Electronic ii. Scot RamseyAttn: 4Rochester, MN 5590 Street SE th 201 4 erCity of Rochest Deliver to: – 6)( ard CopiesH i. ubmittalSe Respons B. .ors for your respective firmList differentiating fact v. the objectives of this RFP.and meet process successful construction uryoCity, to make theProvide a list of requirements / expectations for iv. .l / electrical aspects of this mechanicaand eothermal implementing the g, and Provide your approach to successfully estimating, managing iii. .icesphase servconstruction toapproach firm’s your Provide ii. your firms approach for preconstruction services. i. Project Approach e. award as part of the Contract Agreement. the contractafter Written permission shall be required to change project lead personnel v. footage, final construction value, and client reference.year completed, square Include personnel. selected project leadprojects most relevant to this project completed by your 2List 2. .s for key personnelvide resumePro 1. directly involved with the project.ersonnel plead xperience for eelevant R iv. .nvolvementipommunication & c ayd-to-aydfor ereadteam l theIndicate – Phasen Constructio iii. .nvolvementipommunicati on & c ayd-to-aydfor ereadteam le the –Phase reconstructionP ii. nizational ChartgaOr i. Personnel Key d. reference.t clienand a construction finalre footage, nclude year completed, squashould i Relevant projects ii. (PCS) Manager at RiskConstruction – RFQ 10 394 written notice.upon at any point in the process quest may be cancelledThis proposal re i. :best interest s’publicrmined to be in the if dete to complete the followingreserves the right a. to BiddersotiN B. proposers. thefrom onses respRFQ, RFP, or in theties riirregulawaive o The City reserves the right t c. etion of the City of Rochester.at the sole discr projectbligation to award or move forward with the proposed is not under any oCity The b. any conditions. under with the requestsponsible for any costs associated renot be ill w. The City roposerPnse of the xpewill be at the sole e RFQthis of preparations that the expenses associated with the oser understandropPThe a. Proposal Expenses A. NSRFQ CONDITIO. XII 507.208.2639 .comjohn@pristashconstruction Pristash Construction Services John Pristash directed to the following:Any questions regarding this proposal can be . only ndumAddevia written issued in writing will beto this RFQ changes or clarificationsAny CONTACT -EQUEST FOR PROPOSAL . RIX shortlisted firms.the RFP process to part ofwill be issued as The ii. .as modified 2017-and related A201Construction Manager Agreement Between Owner and 2019 Standard Form of -133AAIA Document will be The contract form i. Form of Contract A. AGREEMENT FORM. X Minutes 10 –uestion & Answer Q 6. – Critical Project Considerations 5. Minutes 5 - / Mechanical SystemeG 4. Minutes5 –ontingency GMP Process and C 3. (PCS) Manager at RiskConstruction – RFQ 11 395 ject!citing proapproach to this exs ’firmtive respecr e about youms qualifications and learning morving your firrward to receik foWe looand pursuing the project. recognize the time and effort involved with preparing this informationwould like to thank you in advance for your interest in this project as we of Rochester The City CLOSING. IIIX ., designed to limit fair and open competitionProposaln or Qualificatiosupplies, equipment, or services described in the Request for y other Responder of materials, or planned common course of action with, anbeen submitted without collusion with and without any agreement, understanding has is certifying that the response respondentthe responding to this RFQBy a. ollusionC-Non E. CMR contract.his being awarded tadvantage to competitiveof interest that would give the respondent an unfair no conflicts ondent is certifying that the resp, is RFQBy responding to th a. Interestonflicts of C D. agency.local, state, or federal contracts by any orgible flared inelior dec debarment,pended, proposed for su, save not been debarredprincipals h itsany of and m respondingfir ies that thecertifrespondent theRFQ, ing to this respondBy a. tion of Debarment C. .membersject team or pro consultants-Request replacement of one or more sub vii. .and capabilitiesto verify qualifications rs from Propose information formation and Request additional in vi. Proposalfications / Qualinew Request for Issue a v. (s)ProposerNegotiate with iv. r Proposaliguities within the Request fochnical errors or ambCorrect te iii. . all or ,Reject any ii. (PCS) Manager at RiskConstruction – RFQ 396 Public Works Transit Operations Center - Site Overview Exhibit A 741334083465741334083464 PWTOC INTEGRATED FACILITY ASSESSMENT Exhibit B 397 ter StreetParks and Forestry Operations Center - 403 East Cen Their current facility was constructed in 1962 ment. that are used for storage of materials and/or equipthe city e various additional facilities located throughout In addition to the main Operations Center, there ar throughout the Parks system. move cess to the Parks trail system that allows staff tolocation in the city is an advantage as it gives ac central efficiency, and staff / work safety. However, theadversely affected functional adequacy, operationals mitations due to its size and configuration that haThe existing building and site impose many space li system. s ith seasonal staff to support the needs of the parkDuring the summer months the staff nearly doubles w Park system. City’s tral hub for all the maintenance operations of the The Parks and Forestry Operations Center is the cen PARKS AND FORESTRY OPERATIONS CENTER (PFOC)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 398 Existing Parks and Forestry Operations Center Additional detail is provided in the appendix. ZATION PLAN PARKS AND FORESTRY EXISTING SPACE SUMMARY AND UTILI September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 399 Site Utilization - Essex Park Site Utilization - 403 East Center Street September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 400 ea went back to RPUFormer Site Storage - Storage was relocated when ar Site Utilization - Quarry Hill September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 401 ent. Need blow off area to clean mowers and other equipm 16.ilize the trail system to get around town. transport equipment around town. Currently they ut would need to utilize additional trailers to If relocated to the PWTOC, Parks and Forestry teams 15.ay. utilized as a breakroom and other uses during the dpate in the morning rush. This space can also be and other large group functions. All staff partici required to brief crews on daily tasks, training, A space large enough to accommodate 40-50 people is 14.pment in high use locations Honkers Stadium, to minimize transportation of equiat they are utilized at, such as field groomers at Some specific equipment may remain at facilities th 13.space. eas for the various divisions to have dedicated Tool crib areas should be near the fleet storage ar 12.A water fill area is required. 11.late noise. An enclosed blade sharpening area is desired to iso 10.r repair / fabrication needs. Welding is required to support maintenance and othe 9.signs for park system Sign shop required to fabricate and repair various 8.r of picnic tables and other miscellaneous items. Carpentry shop is needed for construction and repai 7. the fleet maintenance bays. Parks and Forestry small engine repair can occur in 6.Mechanics operate on (1) shift. 5. apers, maps, and workroom.space could function as a location for mailboxes, pmmodate the Parks and Forestry needs. This An map / plan / work room would be required to acco 4.ptionist and the other as a backup. staff members in workstations. One as primary rece parks and forestry. Reception area should have twoReceptionist receives calls on weeds and trees for 3. g office and/or open workstations.utilize a breakout space, small conference, hotelin year that are considered seasonal. They could Parks and Forestry have 1-2 Ameri-Corp interns each 2.orestry Management and crew chiefs. Provide office space / workstations for Parks and F 1. FUNCTIONAL NEEDS April – September. More in the core summer months Seasonal Staff: 50+ (current + projected) 9.(3) additional in 10 years (3) additional in 5 years (30) Landscape Tech 8.(2) additional in 10 years (8) Crew Chiefs 7.(2) Mechanics 6.(1) Admin Assistant / Reception 5.(2) Green Corps 4.(2) Division Support 3.(3) Supervisors 2.(1) Division Heads 1. STAFFING NEEDS September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 402 (9) TOTAL ing to reduce trips (1) Flatbed with a 12–14-foot box for material haul (1) additional truck to pull mow trailer (CBD) ment storage like how parkway operates. (1) Enclosed trailer to use as self-contained equip r tool cats (CBD) (1) Additional flatbed trailer for hauling mowers o (Flood) (1) Additional Dump trailer that can haul a bobcat shop (Flood) pull mowers that traditionally drive out of (1) Additional truck and (1) additional trailer to uipment (Parks) (2) Additional trucks with trailers for grooming eq storage area at facility: equipment required for transport which will need PWTOC. The following is an estimate of additional equipment around City if operations were at Additional trailers would be required to transport 10.Brush pile area Other landscaping material. Mulch Rock igation in this area. Gravel Bed areas - for plantings. Need water / irr Soil Site Storage 9.Other misc. recreation and parks supplies 8.Barriers, tables, benches, fencing, etc. 7.Paint and Chemical Storage. 6.Truck and large equipment fleet. 5.Site / park furnishings 4.Irrigation supplies 3.Seasonal Decorations 2.Small equipment and tools 1. ns) items are able to remain in the other park locatioother City parks could be beneficial, however, some at a minimum. Accommodation for other storage forTo relocate storage from 403 Center Street Building(STORAGE NEEDS half-high locker. le eives 2 lockers. Seasonal staff can utilize a singseasonal employees) Each full-time staff person rece staffing needs of all team members (including Provide a locker area to accommodate the appropriat 17.September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 403 Traffic Operations Building - 24 Civic Center Drive n 1967 with remodels in 1997 and 2015. Their current facility was originally constructed i ce and storage for the current operations. The existing building and site provide adequate spa or City’s roadway projects. Materials Lab – Testing of concrete and aggregate f ction of City’s parking meters Parking Meter – Install, maintenance and coin colle and review Traffic Group – Traffic signal programming, repair, following operations: he Works. The Traffic Operations building contains tTraffic Operations is under the umbrella of Public TRAFFIC OPERATIONS BUILDING (TOB)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 404 Figure 1 - Existing Traffic Operations Building Additional detail is provided in the appendix. ZATION PLANTRAFFIC OPERATIONS EXISTING SPACE SUMMARY AND UTILI September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 405 Sign Storage 4. Signal parts 3. Space for Traffic signals and lights 2. ain there.RPU. Yard storage for poles are at RPU and can remity of responsibility of City. 30’+ poles are responsibil14’ – 15’ decorative pedestrian lighting poles are 1. STORAGE NEEDS preferred, not required.mputers / desk. Adequate space for monitors Traffic division has a lot of control from their co 4. Small shop area required for repair of signals 3. to be in a room. Traffic Control requires multiple screens. Desired 2.n d most of the time, would only require a workstatioSignal technicians and Electricians are in the fiel 1. FUNCTIONAL NEEDS (2) future positions 6. (2) Traffic Signal Tech 5. (2) Electrician 4. (1) Engineer 3. (1) Manager 2. (1) Supervisor 1. STAFFING NEEDS TRAFFIC DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 406 2. Space for meter housings 1.STORAGE NEEDS Small office required for division lead 8. from mezzanine and general storageTeam is going through and purging unnecessary items 7. er occurs, old meters are being disposed.Meters are becoming ‘smart meters’ and as switch ov 6. Division supports.transit function that the Parking Meter This is supervised by the transit manager and is a Sweep up broken glass, etc. Available to address issues at bus shelters. 5. e no parking area.At times need to bags meters, as required, to creat 4. of all parking metersResponsible for the repair, maintenance and install 3. on route.Complete a morning (3x a week) and evening collecti motorized lift for collection cart. he route and utilize a pickup truck or van with Collection of fares from meters. Team will drive t 2. ntown favorable. meters are in the downtown zone. Proximity to dow Most 1. FUNCTIONAL NEEDS (1) Future Position 2.(2) Meter Tech 1.STAFFING NEEDS PARKING METER DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 407 Lockers not specifically required. Cores Sample Bags A variety of field tools that are not on truck Storage 9. taking.to be able to utilize when coming back from sample d. Adjacency near garage preferred Equipment is noisy. Should be acoustically isolate § Shaker Splitters Aggregate Testing Chop saws Prep space Concrete break. Concrete Testing Equipment 8. erial during projects.A small storage area is required for storage of mat 7. aste samples.6 yard disposal container near materials labs for w 6. standard truck.f oading and unloading. Parking stalls can be size oNear the material labs, provide parking areas for l 5. isolation.A dirty and noisy lab to provide noise and exhaust 4. nd are less frequent items for testing.MnDOT will test bituminous and soil, as required, a Materials Lab that tests concrete and aggregate 3. next seasonWinter season: Majority desk time and preparing for 2. me inside testingSummer season: ¾ time in field taking samples, ¼ ti 1. FUNCTIONAL NEEDS (1) future growth 3. (1) seasonal staff 2. (2) Engineer Tech 1. STAFFING NEEDS MATERIALS TESTING DIVISION September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 408 . River Road NEPublic Works and Transit Operations Center – 4300 E ce support. entry conference room, fitness center and maintenan break rooms. Common spaces included main, public,support functions such as offices, locker rooms andte employee entrances as well as separate employee Current Public Works and Public Transit have separa recently, in 2017. additions have been completed since that time, most was planned to accommodate future growth. VariousThe facility was originally constructed in 2006 and he bus and truck fleets. well-equipped maintenance facility to accommodate t a hester Public Transit and Public Works and includes The PWTOC is the primary operations center for Roc PUBLIC WORKS AND TRANSIT OPERATIONS CENTER (PWTOC)September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 409 ions CenterFigure 2 - Existing Public Works and Transit Operat Additional detail is provided in the appendix. PWTOC EXISTING SPACE SUMMARY AND UTILIZATION PLAN September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 410 Figure 3 - PWTOC - Enlarged Plan - North Half September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 411 - Enlarged Plan - South Half- PWTOCFigure 4 September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 412 ng improvements. Existing fleet storage and cold storage need lighti 9. to be at the current wash facility. An additional wash bay is needed. It does not need 8.supplies. ork bench / sink for cleaning equipment and The paint crew will need a small work area with a w 7.ials bins. an additional drive connecting salt shed with materde Locating near material bins would be ideal. ProviAn additional hoop shed is desired for black dirt. 6.Nursing room is needed in facility. 5.c toilets to a single-use facility. renovated to gain additional space and reduce publi gets limited visitors. Public toilets could be Main Lobby has a lot of unused space. The facility 4.conference room when not in use. aff members. This space could also be as small The facility needs a hoteling office for drop in st 3.ed by taller furniture panels. better acoustic separation. That can be accommodatquate space for admin staff. Admin staff need this area could be reconfigured to provide more adeunter is no longer needed. Guests are limited and The existing front reception area with a service co 2.intain space for maps and radios. would work for some of these functions. Need to mald limit interruptions. The existing plan room The workroom area relocated away from reception wou 1. FUNCTIONAL NEEDS (2) Additional at 10 years (2) Additional at 5 years (33) Equipment Operators 4. (5) Crew Chief 3. (1) additional at 5 years (1) Supervisor 2. (1) Manager 1.STAFFING NEEDS projections. al programming criteria necessitated by growth adequate for their needs. Below indicates additionty is t the PWTOC facility. Generally, the current faciliThe Street Maintenance Division currently resides a September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT PWTOC INTEGRATED FACILITY ASSESSMENT 413 285 272 258 Total Trailers 22 24 25 Small Equipment 44 46 50 Industrial Equipment 4 5 6 Grounds Equipment 0 0 0 Heavy Equipment 29 30 32 Light Vehicle Parking 39 43 45 Heavy Vehicle Parking 41 42 43 Tracked Vehicle Parking 2 2 2 Wide Vehicle Parking 77 80 82 QTY QTY QTY 10 YEAR 5 YEAR CURRENT projections for fleet storage:PWTOC will be seeing growth in their 5 and 10 year 1. STORAGE NEEDS September 1, 2023 TSP Architects and Engineers PROGRAMMING REPORT 414 Exhibit C/ BUILDINGFUTURE PARKING OPTION A LOT ALOT BLOT K,600 SF69FLEET STORAGE,200 SF6EXPANSIONMAINTENANCE,400 SF19EXPANSIONAlternate for FLEET23,300 SFOFFICE REMODEL 731 SF 415 NORTH40'10'20'0'L.OPTION A -OFFICE AND STAFF SUPPORT AREAS OF REMODE CITY OF ROCHESTERPWTOC-AREA OF RENOVATION-NEW-EXISTING 1.03C Prog WORKSTATION 527 SF NEW UNISEX RESTROOM ROOMLOCKER EXPANDED ?ROOMLOCKER 1200 SF?UNISEX 49 SF?OFFICEHOTEL 105 SF1.09B Prog KITCHEN 275 SF1.09A Prog CREW ROOM 906 SF1.09A Prog CREW ROOM 712 SF1.09A Prog CREW ROOM 789 SF2.04B Prog DUST 96 SF2.04A Prog SHOP 1244 SF?WORK 1437 SF? Prog???JAN.51 SF1.01A Prog OFFICE 116 SF1.04 Prog CONF.188 SF1.01A Prog CONTROLTRAFFIC 195 SF1.01A Prog OFFICE 140 SF1.19 Prog PLAN/340 SF1.02A Prog WORK 571 SF1.01A Prog OFFICE 140 SF1.01B Prog OFFICE 140 SF1.01B Prog OFFICE 140 SF1.01B Prog OFFICE 139 SF1.07 Prog RECEPTIONSHARED 347 SF1.05 Prog CONF.295 SF1.02D Prog OFFICE 190 SF1.02D Prog OFFICE 141 SF1.02D Prog OFFICE 117 SF1.02D Prog OFFICE 115 SF1.02D Prog OFFICE 173 SF1.20 Prog STORAGEFILE 100 SF1.02D Prog OFFICE 128 SF1.02C Prog OFFICE 82 SF?STORAGE 81 SF1.06 Prog569 SF?IT SERVER 220 SF1.10 Prog DRIVER ROOM 710 SF1.15 Prog LOCKERS 296 SF?NURSING 87 SF1.25 Prog UNISEX 89 SF?ELEC.189 SF1.13 Prog ROOMLOCKERMENS 1249 SF1.12 Prog940 SF?EXIST. MEP 704 SF1.14 Prog ROOMLOCKERWOMENS .416 NORTH40'10'20'0'OPTION A -OFFICE AND STAFF SUPPORT AREA CONCEPT CITY OF ROCHESTERPWTOC-NEW-EXISTING?BREAKOUTCONF. /122 SF 17 WORK STATIONS81 + 65 = 146 LOCKERS24" X 18" LOCKERS-65 24" X 18" LOCKERS-81 24" X 18" LOCKERS-38 ROOMLOCKER EXPANDED ?ROOMLOCKEREXPANDED 1200 SF?UNISEX 49 SF?OFFICEHOTEL 105 SF1.09B Prog KITCHEN 275 SF1.09A Prog CREW ROOM 906 SF1.09A Prog CREW ROOM 712 SF1.09A Prog CREW ROOM 789 SF2.04B Prog COLLECT.DUST 96 SF2.04A Prog SHOPCAPENTRY 1244 SF?STATIONSWORK 1437 SF1.19 Prog PLAN ROOM 205 SF?JAN.51 SF1.01A Prog OFFICE 116 SF1.04 Prog CONF.188 SF1.01A Prog CONTROLTRAFFIC 195 SF1.01A Prog OFFICE 140 SF1.19 Prog WORKROOMPLAN/340 SF1.02A Prog STATIONSWORK 571 SF1.01A Prog OFFICE 140 SF1.01B Prog OFFICE 140 SF1.01B Prog OFFICE 140 SF1.01B Prog OFFICE 139 SF1.07 Prog RECEPTIONSHARED 347 SF1.05 Prog CONF.295 SF1.02D Prog OFFICE 190 SF1.02D Prog OFFICE 141 SF1.02D Prog OFFICE 117 SF1.02D Prog OFFICE 115 SF1.02D Prog OFFICE 173 SF1.20 Prog STORAGEFILE 100 SF1.02D Prog OFFICE 128 SF1.02C Prog OFFICE 82 SF?STORAGE 81 SF1.06 Prog DISPATCH 569 SF?IT SERVER 220 SF1.10 Prog DRIVER ROOM 710 SF1.15 Prog LOCKERS 296 SF1.22 Prog TRAINING 110 SF?NURSING 87 SF1.25 Prog UNISEX 89 SF?ELEC.189 SF1.13 Prog ROOMLOCKERMENS 1249 SF1.12 Prog WELLNESS 940 SF?EXIST. MEP 704 SF1.14 Prog ROOMLOCKERWOMENS 731 SF 300'-0"417 SECOND LEVEL MEZZ.2 SCALE: 1" = 100'-0"NORTH FIRST LEVEL1 SCALE: 1" = 30'-0"60'15'30'0'OPTION A -FLEET STORAGE BUILDING CONCEPT CITY OF ROCHESTERPWTOC-NEW-EXISTING 200 SF OPEN TO BELOW 32 -9' X 20' STALLS19 -9' X 20' STALLS12 -16' X 35' STALLS7 - 9' X 20' STALLS8 -12' X 40' STALLS19 -9' X 20' STALLSSEE DRAWING: SECOND LEVEL MEZZANINE STORAGEUNASSIGNED 639 SF DIVISIONMETERPARKING 838 SF MEZZANINE ABOVEAREAMEZZANINE LOADING STORAGEREPAIR /SIGNALTRAFFIC 1082 SF OFFICETOB TESTING 200 SF TOB -DIRTY 201 SF SIGN LAB 201 SF OFFICE 200 SF FABRICATIONSIGN 376 SF STORAGEFLEET 50841 SF MIX ROOMCHEMICAL 336 SF LABTOB TESTING 450 SF350 SF850 SF FIRE WALLEXISTING BUILDING ELEC.127 SF LANEDRIVE 11416 SF 55'-0"231'-0" WARM STORAGE EXPANSION 418 NORTH32'8'16'0'OPTION A -FLEET STORAGE EXPANSION CONCEPT CITY OF ROCHESTERPWTOC-NEW-EXISTING REINSTALL AT SOUTH ELEVATION. REMOVE AND SALVAGE EXISTING PRECAST WALL PANELS AND 96'-0"9 -20' DEEP STALLSDOOROVERHEAD DOOROVERHEAD 5 -35' DEEP STALLSDRAIN, TYPSLOPE TO DOOROVERHEAD DOOROVERHEAD TYP.BOLLARDS, DRAIN, TYPTRENCH 202'-0"19,400 SF TRENCH DRAIN, TYP 419 32'8'16'0'NORTH OPTION A -MAINTENANCE EXPANSION CONCEPT CITY OF ROCHESTERPWTOC-NEW-EXISTING BAYREPAIRNEW 4020 SF52'-0"120'-0"2.06D Prog REPAIR BAYSMALL 1050 SF2.06C Prog SHOPGRIDING 480 SF2.06B Prog TOOL CRIB 480 SF DOOROVERHEAD EXISTING ELEVATED LIFT)VEHICLES/BUCKETS, GRAPPLE, AND BOLLARDS, TYP.DOOROVERHEAD SLOPE FLOOR TO DRAIN, TYP. EXISTING PWTOC Exhibit D 320'80'160'0'420 200'50'100'0'BUILDING SITE STUDY CITY OF ROCHESTERPUBLIC WORKS AND TRANSIT OPERATION CENTER (PWTOC)246,253 SFPARKINGEMPLOYEEPONDSTORMWATER EXISTING STORAGE BUILDINGSTORAGEEXISTING SALT EXISTING PWTOC Option B MAINT.PW/PF 320'80'160'0'Office Remodel9,478 sf (Existing)Fleet Storage75,000 sf (Existing)StorageTransit Fleet60,064 sf Parking LotOffice / Support9,500 sf sf97,000Storage Transit Fleet421 200'50'100'0'BUILDING SITE STUDY CITY OF ROCHESTERPUBLIC WORKS AND TRANSIT OPERATION CENTER (PWTOC)246,253 SFPARKINGEMPLOYEEPONDSTORMWATER EXISTING STORAGE BUILDINGSTORAGEEXISTING SALT 140 SF 60,064 SFFLEET STORAGETRANSIT 4,172 SFUNDERS SEPARATE PROJECT WITH BRTFUTURE TRANSIT MAINTENANCE. 13,770 SFTRANSIT 64'16'32'0'NORTH ALTERNATE ADDITIONAL FLEET 75,000 SFFLEET STORAGEPARKS AND PUBLIC WORKS422 09/12/23?DRIVE LANE?DRIVE LANE 2.27 Prog SIDE DRIVE 287 SF2.26 Prog MAINTENANCE 2792 SF2.28 Prog TIRE 216 SF2.29 Prog MAINTENANCE 201 SF2.30 Prog TOOL CRIB 171 SF2.31 Prog SPARE PARTS 141 SF2.31 Prog ROOMFLUID/COOLANT 150 SF3.06 Prog AREACHARGING 3173 SF1.12 Prog WELLNESS 946 SF?MECH 704 SF1.14 Prog WOMENS 455 SF1.13 Prog MENS 1249 SF1.01A Prog OFFICE 116 SF1.01 Prog OFFICE 82 SF1.02 Prog OFFICE 81 SF 64'16'32'0'NORTH?MECH 40 SF1.01D Prog OFFICE 173 SF?VEST 43 SF2.25A Prog WASH 1979 SF2.25B Prog EQUIP ROOM 57 SF2.24 Prog MAINTENANCEPUBLIC 9640 SF?ELEC 33 SF?DATA 29 SF2.07 Prog TOOL CRIB 160 SF2.13 Prog BREAK ROOM 386 SF2.14 Prog MEN 466 SF2.15 Prog WOMEN 270 SF?JAN.46 SF?MECH/ELEC 697 SF2.20 Prog SHOPELECTRONICS 187 SF2.19 Prog VIDEO REPAIRFARE BOX /203 SF?739 SF2.12 Prog WORK AREACOMMON 3208 SF?2213 SF2.09 Prog MNRG.ASST. FLEET 198 SF2.08 Prog SHOP SUPER.135 SF2.08 Prog FLEET MNGR.160 SF2.09 Prog OFFICEMAINT.212 SF2.10C Prog PARTS CLERK 133 SF2.22 Prog TOOL CRIB 209 SF2.21 Prog SHOP SUPER.133 SF2.23 Prog TIRE 814 SF2.10A Prog WAREHOUSE 3836 SF2.10B Prog WINDOW 135 SF2.10D Prog TOOL CRIB 321 SF2.11 Prog LUBE/COMPRESSOR 631 SF2.05 Prog WORKSREPAIR BAYS 2.01 Prog WELDING BAY 1575 SF3.04 Prog GARAGEFLEET 2.18A Prog FUELING BAY 1808 SF2.18C Prog CLEANDETAIL 153 SF2.18D Prog EQUIP.VACUM 140 SF2.18E Prog TOILET 70 SF2.18F Prog OFFICE 100 SF2.18G Prog VAULT 153 SF2.18I Prog79 SF?MECH/ELEC 260 SF2.18H Prog WATER 466 SF2.18B Prog WASH BAY 2196 SF1.21 Prog MATERIAL/ARCHIVEPT 180 SF3.05 Prog ADDITIONBUS GARAGE 3.01 Prog GARAGEFLEETWORKSPUBLIC 1.17 Prog WOMEN 347 SF1.16 Prog MEN 369 SF?ELEC 189 SF?IT SERVER 220 SF1.02 Prog OFFICE 96 SF1.10 Prog DRIVER ROOM 710 SF1.11 Prog105 SF?VEST 45 SF?CORRIDOR 975 SF1.06 Prog DISPATCH 569 SF1.15 Prog DRIVER 296 SF?JAN.38 SF1.22 Prog TRAINING 527 SF1.20 Prog FILES 93 SF1.01D Prog MNGR./H.R.128 SF1.01D Prog SUPER.ROUTE 168 SF1.01D Prog OPER'S/TRAINING 115 SF?VEST 70 SF1.01 Prog OFFICE 99 SF?TRANS. STOR 108 SF1.01 Prog OFFICEMARKET 110 SF?108 SF?CORRIDOR 347 SF1.01D Prog AUDIT/ACCT'G 117 SF1.01C Prog CONTRACTFINANCIAL 141 SF1.02 Prog MNGR 190 SF1.04 Prog CONFC 295 SF1.24 Prog WOMEN 142 SF1.23 Prog MEN 136 SF?JAN.30 SF1.08 Prog PW ARCHIVE 275 SF1.01D Prog OFFICECREW CHIEF 571 SF1.19 Prog PLAN/MAP 340 SF1.09B Prog275 SF1.09A Prog CREW ROOM 906 SF1.09A Prog CREW ROOM 705 SF2.04B Prog COLLECTIONDUST 96 SF2.04A Prog SHOPCARPENTRY 1244 SF2.02A Prog SIGN SHOP 1375 SF2.02B Prog SHOPSIGN FAB 384 SF2.02C Prog SIGN LAB 196 SF2.02D Prog TOOL CRIB 199 SF2.02E Prog OFFICEPM/P/S 468 SF?JAN.51 SF?VEST 49 SF1.05 Prog CONF.188 SF1.18 Prog WORK/COPY 61 SF1.01A Prog DISPATCH 139 SF?VEST 73 SF1.07 Prog RECEPTION Redundant Room?LOBBY 765 SF?VEST 95 SF1.01A Prog MAINT. SUPER 195 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog SUPERASST. MAINT.140 SF1.01A Prog RESOURCESHUMAN Exhibit E 423 limits are as follows:minimum subcontractor to maintain Commercial Automobile Liability insurance. Insurance ntractor will require the arise from operations under this contract, and in case any work is subcontracted the coclaims for property damage resulting from the ownership, operation, maintenance or use of all autos which may from claims for damages for bodily injury as well as from Contractor is required to maintain insurance protecting it 3. Commercial Automobile Liability Insurance City must be named as an Additional Insured. Products and Completed Operations Liability Blanket Contractual Liability Personal and Advertising Injury Premises and Operations Bodily Injury and Property Damage The following coverages shall be included: Products/Completed Operations –annual aggregate –$2,000,000 annual aggregate –$2,000,000 per occurrence –$1,000,000 its are as follows:lim minimum by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract. Insurance loss of use which may arise from operations under the Contract whether the operations are by the Contractor or rty damage, including sickness or disease, death, and for care and loss of services as well as from claims for propeContractor is required to maintain insurance protecting it from claims for damages for bodily injury, including 2. Commercial General Liability Insurance ance.certificate of insur must comply with the Workers’ Compensation insurance requirements herein and provide the City with a If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor requirements.ensation indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Comp no employees in the City, Contractor must provide a written statement, signed by an authorized representative, rs’ Compensation insurance or if the Contractor has If Minnesota Statute 176.041 exempts Contractor from Worke Bodily Injury by Accident –$500,000 Bodily Injury by Disease aggregate –$500,000 Bodily Injury by Disease per employee –$500,000 limits are as follows:minimum Employer’s Liability. Insurance insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B,case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation tion insurance for all its employees and, in Except as provided below, Contractor must provide Workers’ Compensa 1. Workers’ Compensation Insurance insurance policies: Contractor is required to maintain and furnish satisfactory evidence of the following contract. effect throughout the term of theContractor shall maintain such insurance in force and and the City has approved such insurance.Contractor shall not commence work under the contract until it has obtained all the insurance described below Insurance Specifications for City Contracts 424 The City reserves the right to modify the insurance requirements for a particular project. • required insurance coverage requirements.red to submit a Certificates of Insurance acceptable to the City as evidence of the The Contractor is requi • the City’s authorized representative upon written request.All insurance policies must be open to inspection by the City, and copies of policies must be submitted to • contractor.ns all rights to pursue any legal remedies against the with the insurance requirements and retaiThe City reserves the right to immediately terminate the contract if the Contractor is not in compliance • form basis to satisfy the full policy limits required by the Contract.-on a follow Contractor’s policy limits n Umbrella or Excess Liability insurance policy may be used to supplement the A • Minnesota; and(minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of -surance companies having an “AM BEST” rating of A Contractor shall obtain insurance policies from in • exception of the professional liability insurance.Contractor’s policies shall include legal defense fees in addition to its liability policy limits, with the • Insurance must be attached.-ertificate of Selfinsured, a C-If Contractor is self • Contractor is responsible for payment of Contract related insurance premiums and deductibles. • payment of premium.-ten (10) days’ written notice for nonut at least thirty (30) days’ advanced written notice to the City, or the policies shall not be cancelled witho Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under • the City with respect to any claim arising out of Contractor’s performance under this contract.available to Contractor’s policies shall be primary insurance to any other valid and collectible insurance • 5. Additional Insurance Conditions requirement.ce is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this If such insuranContractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and resources. ability of the Contractor to cover the deductible from its owndocumentation by submitting the most current audited financial statements so that the City can ascertain the in writing, specifying the amount of the desired deductible and providing financial Contractor shall so requestapproval of the City. If the Contractor desires authority from the City to have a deductible in a higher amount, the Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written annual aggregate –$2,000,000 per claim or event –$1,000,000 minimum Contractor is required to carry the following the contract.y actual or alleged negligent act, error, or omission related to Contractor’s professional services required under anThis policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from 4. Professional/Technical (Errors and Omissions) Liability Insurance owned Automobiles.-Owned, Hired, and Non erages should be included: In addition, the following cov per occurrence Combined Single Limit for Bodily Injury and Property –$1,000,000 Minn. Stat. § 471.463 425 1.ytirohtuA .2 .dbuS.tcejorp eritne eht ton tub ,tcejorp ehtfo snoitrop cificeps sevlovni srotcartnoc edart yb demrofrep kroW .noitcurtsnoc fo snaemeht fo stnenopmoc rojam era ro tcejorp detelpmoc eht otni detaroprocni era taht srodnevro srotcartnoc yb dehsinruf tnempiuqe ro ,slairetam ,robal snaem "krow tcartnoc edarT" )l(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoc a rof snoitacifilauqgniticilos noitacilbup ro tnemucod eht snaem "snoitacifilauq rof tseuqeR" )k(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoca rof slasoporp gniticilos noitacilbup ro tnemucod eht snaem "slasoporp rof tseuqeR" )j(.ytilapicinum a rof ro yb ,egdirb ro ,yawhgih ,daor ,teerts a tpecxe ,tnemevorpmi rehtoro ,erutcurts ,gnidliub a egralne ro ,retla ,tcurtsnoc ot gnikatrednu na snaem "tcejorP" )i(.ytitnelagel rehto ro ,noitaicossa ,pihsrentrap ,noitaroproc ,laudividni na snaem "nosreP" )h(.sthgir lagel s'nosrepa fo noitressa ro esicrexe eht edulcni ton seod "ecneirepxe" ro "ecnamrofrep tsaP" )g(.1 noisividbus ,543.174 noitces rednu nevig gninaem eht sah "ytilapicinuM" )f(.tcartnoc eht ni ecirp mumixam deetnaraug eht deecxe tontsum hcihw fo mus eht ,tiforp dna daehrevo rof tnuoma na sulp tcartnoc eht ni deificepskrow eht mrofrep ot tsoc lautca eht fo sisab eht no diap si rotcartnocbus ro reganamnoitcurtsnoc a hcihw rednu tcartnoc a snaem "tcartnoc ecirp mumixam deetnarauG" )e(.krow fo epocs denifed a mrofrep ot tcartnoc a ot tnausrup diap si ksir ta reganamnoitcurtsnoc a taht tnuoma mumixam eht snaem "ecirp mumixam deetnarauG" )d(.demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs noitcurtsnoc ,ecirp mumixam deetnarauga edulcni llahs hcihw ,ytilapicinum a dna ksir ta reganam noitcurtsnoc a neewtebtcejorp a fo noitcurtsnoc rof tcartnoc a snaem "tcartnoc ksir ta reganam noitcurtsnoC" )c(.noitces siht ni serudecorp eht ot gnidrocca demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs ,ecirp eht rof ytilibisnopser ot detimilton tub gnidulcni ,ssecorp noitcurtsnoc eht eganam ot reganam noitcurtsnoc a sa tcaot ytilapicinum a yb detceles si ohw nosrep a snaem "ksir ta reganam noitcurtsnoC" )b(.nevig sgninaem eht evah noisividbus siht ni smret eht ,noitces siht fo sesoprup roF )a(.snoitinifeD .1 noisividbuS T RISKSection 471.463 - CONSTRUCTION MANAGER A S 426 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4632.noitces siht ni debircsed airetirc noitceles eht no desab tcartnocksir ta reganam noitcurtsnoc a drawa dna yreviled tcejorp fo dohtem ksir ta reganamnoitcurtsnoc a esu yam ytilapicinum a ,yrartnoc eht ot wal rehto yna gnidnatshtiwtoN.3 noisividbus ni dedivorp sa ,snoitacifilauq rof tseuqera fo tnetnoc etairporppa eht gninimreted rof serudecorp hsilbatse llahs ytilapicinum a )2(dna ;esitrepxe yrtsudni noitcurtsnoc sah mohw fo eno tsael ta ,snosrepeerht fo muminim a fo desopmoc eettimmoc noitceles a etaerc llahs ytilapicinuma ,tcejorp a rof ksir ta reganam noitcurtsnoc a ezilitu ot gninimreted nopu )1(:ylppa gniwollof eht ,ssecorp noitceles ksir ta reganam noitcurtsnoc a nI )a(.ssecorp noitceles ksir ta reganam noitcurtsnoC .4 .dbuS.ytilapicinumeht yb detangised rennam a ni desitrevda eb tsum snoitacifilauq rof stseuqer fo ecitoN )d(.secivres s'resoporp eht rof tsoc eht edulcniresoporp eht taht tnemeriuqer a edulcni yam airetirc snoitacifilauq rof tseuqer ehT )c(.ksir ta reganamnoitcurtsnoc eht fo sutats gniniagrab evitcelloc eht redisnoc ton tsum airetirc ehT .ksirta sreganam noitcurtsnoc fo noitapicitrap mumixam erusne ot stnemeriuqer elbanosaerdnoyeb snoitidnoc yrassecennu esopmi ton tsum airetirc snoitacifilauq rof tseuqer ehT )b(.sdrocer cilbup ot secnerefer ro,shpargotohp ,seiduts latnemnorivne ,serutcurts gnitsixe fo sledom ro sgniward ,stroperlios ,syevrus gnidulcni ,lairetam si senimreted ytilapicinum eht taht ytilapicinum a folortnoc ro noissessop eht ni noitamrofni rehto yna fo noitacol dna noitacifitnedi eht )7(dna ;sdnobtnemyap dna ecnamrofrep deriuqer ylirotutats dna ecnarusni rof stnemeriuqer eht )6(;tcejorp eht rof stimil tegdub elbacilppa yna )5(;tcejorp eht fo noitelpmoc dna tnemecnemmoc rof eludehcs eht )4(;ksir ta reganam noitcurtsnoc eht fo snoitacifilauq derised eht )3(;tcartnoc eht rof snoitidnoc dna smret desoporp eht )2(;noitces sihtfo stnemeriuqer eht ot ecnerefer a gnidulcni ,dohtem noitaulave ffo-edart ro gnirocs agniylppa ,rennam evitcejbo dna ,evititepmoc ,nepo na ni sdrawa gnikam rof serudecorpeht dna ,airetircbus dna airetirc hcae rof thgiew evitaler eht dna snoitacifilauq ehtgnitaulave rof airetircbus dna airetirc eht ,snoitacifilauq gnittimbus rof serudecorp )1(:stnemele gniwollof eht ,muminima ta ,niatnoc tsum snoitacifilauq rof tseuqer ehT .noitces siht ni dedivorp sa tcartnocksir ta reganam noitcurtsnoc hcae rof deraperp eb tsum snoitacifilauq rof tseuqer A )a(.snoitacifilauq fo noitaticiloS .3 .dbu (427 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4633 ssenisuB degatnavdasiD ro esirpretnE ssenisuB llamS ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac gnidulcni ,rotcurtsnoc a sa ecneirepxe s'mrif eht ot detimil tonsi tub edulcni yam ,ytilapicinum eht yb devorppa ,airetirc noitceles eht hcihw ni ssecorpnoitacifilauqerp evitcejbo dna ,evititepmoc ,nepo na no desab eb tsum smrif deifilauqfo tsil ehT .krow cificeps eht rof smrif deifilauq hcus fo ytilibaliava ot tcejbus ,htobro ,smrif esirpretnE ssenisuB degatnavdasiD ,smrif esirpretnE ssenisuB llamS deifilauqot detimil eb yam smrif deifilauq fo tsil ehT .smrif deifilauq fo tsil a morf tcejorpeht rof krow tcartnoc edart lla dib ylevititepmoc llahs ksir ta reganam noitcurtsnoc ehT )b(.slasoporp lla stcejer ytilapicinum eht ro resoporp a htiw dehcaersi tnemeerga na litnu seunitnoc ssecorp noitaitogen ehT .resoporp deknar tsehgih txen ehthtiw snoitaitogen nigeb yam ytilapicinum eht ,resoporp deknar tsehgih eht htiw dehcaereb tonnac tnemeerga na fI .tcartnoc eht fo smret dna tsoc eht no tnemeerga na hcaerot resoporp deknar tsehgih eht htiw snoitaitogen tcartnoc tcudnoc llahs ytilapicinum A )a(.tcartnoc ksir ta reganam noitcurtsnoC .5 .dbuS.slasoporp rof tseuqer ehtni debircsed eb tsum dohtem noitaulave ffo-edart ro gnirocs ehT .dohtem noitaulave ffo-edart ro gnirocs a gniylppa yb sresoporp eht knar llahs dna ,resoporp rehtona ot lasoporpeno ni deniatnoc noitamrofni laitnedifnoc ro yrateirporp yna esolcsid ton llahs tubsresoporp detsil-trohs eht htiw sweivretni lamrof tcudnoc yam eettimmoc noitceles ehT )f(.sresoporp detsil-trohs eht morf derised sanoitamrofni rehto dna tsoc gniriuqer slasoporp rof tseuqer a eussi llahs ytilapicinum A )e(.sresoporp evif ot owt fo tsil trohsa etaerc dna resoporp hcae fo noitacifilauq eht weiver llahs eettimmoc noitceles ehT )d(.slasoporp lla tcejer )4(ro ;dohtem tnemerucorp dewolla rehtona tceles )3(;snoitacifilauq rof tseuqerdesiver eht gnisu slasoporp wen ticilos neht dna snoitacifilauq rof tseuqer eht esiver )2(;slasoporp wen ticilos )1(:yam ytilapicinumeht ro sreganam noitcurtsnoc morf slasoporp owt tsael ta eviecer tsum ytilapicinum A )c(.snoitacifilauq rof tseuqer eht ot esnopser niresoporp eht yb dettimbus stcaf etairporppa rehto dna ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac ot detimil ton tub gnidulcni ,ksir ta reganam noitcurtsnoca sa resoporp a fo ecneirepxe eht etaulave llahs eettimmoc noitceles eht ,snoitacifilauqrof tseuqer eht ni htrof tes serudecorp dna airetirc eht htiw ecnadrocca nI )b E 428 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4634.3202/1/7 .ffe ,51-3 s,26 .hc ,swaL .nniM 3202 yb deddA Minn. Stat. § 471.463.tcejorp eht rof tcartnoc ecirp mumixamdeetnaraug a otni retne llahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT )c(.noisiced noitceles ro sdib eht fo weivers'ytilapicinum eht ni etapicitrap ton seod ksir ta reganam noitcurtsnoc eht fi krow tcartnocedart rof sdib timbus osla yam ksir ta reganam noitcurtsnoc eht ,tseuqer nopu ,lavorppas'ytilapicinum eht htiW .smrif deifilauq fo tsil eht fo noitisopmoc eht enimreted yltniojllahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT .ytilapicinum eht dna ksir tareganam noitcurtsnoc eht yb denifed sa snoitaredisnoc rehto dna ,noitacifitrec esirpretn M 429:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytilauq?retaw?gnicneulfni?ylevitisopyb?stcapmi?noisulcni?dna?,ytiuqe?,ytisrevid?evitisop?sedivorp?reviR?orbmuZ?eht?fo?kroF?htuoS?eht?otdegrahcsi d?surohpsohp?latot?fo?tnuoma?eht?gnicuder?dna?timrep?SEDPN?eht?htiw?ecnailpmoc?gniniatniaM.secitcarp?lacirotsih?dna?stnemeriuqer?tnemerucorp?s'ytiC?eht?htiw?tnetsisnoc?si?noitca?desoporp?ehT:tcapmI?I ED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.gniteeM?licnuoC?,3202?,02rebmevoN?eht?ot?thguorb?eb?neht?dluow?dib?dednemmocer?e ht?fo?lavorppa?rof?tseuqer?A?.snoitacificepsdetsop?eht?htiw?seilpmoc?ti?gnirusne?,dib?wol?eht?tceles?dna?weiver?neht?lliw?ffats?tnalP?noitamalceRretaW?.3202?,2?rebmevoN?no?.m.a?00:11?litnu?,3202?,71? rebotcO?morf?nepo?eb?dluow?sdib?rof?gnisitrevdA.snoitautculf?gnicirp?lacimehc?ot?eud?dib?wol?detamitse?eht?tciderp?ot?tluciffidsi?tI?.stroffe?noitazimitpo?gniogno?fo?tluser?eht?si?esu?lacimehc?desaer ced?ehT?.semulov?egasu?3202no?desab?%01?yletamixorppa?gnisaerced?si?detseuqer?edirolhC?cirreF?suordyhnA?fo?snot?latot?detamitseehT?.06.378,624$?saw?3202?radnelac?ni?dib?wol?ehT?.gnicirp?evititepmoc?e rusne?spleh?ssecorp?gniddibeht?fo?esu?ehT?.raey?radnelac?4202?eht?rof?edirolhC?cirreF?suordyhnA?edivorp?ot?sdib?rof?esitrevdaot?krelC?ytiC?eht?ezirohtua?ot?si?tseuqer?siht?,stnemeriuqer?tnemerucorp?s 'ytiC?eht?htiw?ecnadrocca?nI.timrep?)SEDPN(?metsySnoitanimilE?egrahcsiD?tnatulloP?lanoitaN?eht?yb?deriuqer?sa?timil?egrahcsid?suorohpsohP?latoT?raeyrep?margolik?530,52?dna?retil?rep?margillim?eno?eht ?htiw?ylpmoc?ot?retawetsaw?morf?suorohpsohp?evomeryllacimehc?ot?s0891?eht?ecnis?edirolhC?cirreF?suordyhnA?detcartnoc?sah?tnalP?noitamalceR?retaW?ehT:evitarraN?tropeR.tnalP?noitamalceR?retaW?eht?rof?s noitacificeps?eht?ni?detacidni?sa?edirolhCcirreF?suordyhnA?fo?ylppus?raey-eno?a?rof?sdib?rof?tnemesitrevda?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???51.FylppuS?lacimehCtnalP?noitamalceR?re taW?4202?-?tnemesitrevdA?diB NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE N 430 4202?rof?diB?edirolhC?cirreF?suordyhnA?-?noituloseR4202?rof?edirolhC?cirreF?suordynA?-?snoitacificepS4202?rof?edirolhC?cirreF?suordyhnA?-?sdiB?fo?ecitoN:stnemhcattA nietskcuL?noraA:yB?deraperP. timrep?SEDPN?retawetsaw?s’ytiC?eht?fo?noitaloiv?a?ni?tluser?dna?stimil?suorohpsohp?eht?teem?ot?elbaeb?ton?dluow?ytilicaf?eht?,devorppa?ton?si?noitcA?roF?tseuqeR?siht?fI?.slacimehc?fo?esu?eht?tuohtiw? tem?ebtonnac?timil?suorohpsohp?eht?,tnalP?noitamalceR?retaW?eht?ta?ssecorp?tnemtaert?retawetsaw?eht?egnahcot?stnemevorpmi?latipac?evisnetxe?dna?tnacifingis?tuohtiW?.dednemmocer?era?snoitca?evitanretl a?oN:)s(noitcA?evitanretlA?.dnuf?esirpretne?rewes?eht?fo?01338?tegdub?lacimehc?eht?morf?elbayap?eb?lliw?tsoc?ehT?.seefdna?setar?ytilitu?rewes?launna?eht?gnittes?nehw?dna?tegdub?launna?eht?ni?tsoc?lac imehc?siht?rof?stegdubtnalP?noitamalceR?retaW?ehT?.ssecorp?gniddib?eht?yb?denimreted?eb?lliw?tcapmi?laicnanif?3202?ehT:tcapmI?ecruoseR?&?lacsiF.s0891?eht?ot?kcab?gniog?ecitcarp?eht?neeb?sahhcihw?,sti mil?suorohpsohp?teem?ot?deriuqer?era?slacimehc?sa?enod?eb?lliw?tnemegagne?ytinummoc?o CITY OF ROCHESTER 431 Kelly K. Geistler, City ClerkDated at Rochester, Minnesota this 17day of October 2023.Rochester, MN 55904-3742, and shall have endorsed thereon "Ferric Bids -WRP”.All proposals must be addressed to the City Clerk, City of Rochester, 201 4th Street SE, Room 135, Council/Board Chambers at the Government Center at 7:00 p.m., November 20, 2023.Officials will publicly open said bids in the City Hall. The Common Council will consider the bids in the Immediately following expiration of the time for receiving bids, the City Clerk and two designated City registered or corporate checks or other surety will be accepted other than that noted above.five-percent of the total bid. The Common Council reserves the right to reject any and all bids. No in the form of a cashier's check, certified check or bid bond payable to the City of Rochester for at least All bids shall be made on proposal forms prepared by the City and shall be accompanied by a bid security Purchasing Officer.specifications onfile in the City Clerk's office. Copies of specifications can be obtained from the 2, 2023for the furnishing of: One year supply of ANHYDROUS FERRIC CHLORIDE in accordance with Notice is hereby given that bids will be received at the office of the City Clerk until 11:00 a.m., November NOTICE OF BIDS October 2023 432 or facilities for which the shipper is responsible. the container, or from any other cause that is attributable to the shipper, or to materials using unsatisfactory material, crystallized material, faulty fittings and piping, leaks in contractor. The City shall be reimbursed for any costs incurred from unloading or unsatisfactory to use; such material shall be removed by and at the expense of the The City reserves the right to reject any materials, which in its judgment is shall be listed with each parameter analyzed. Water and Wastewater unless specified otherwise and the exact procedures used All tests shall be done in accordance with Standard Methods for the Examination of Cadmium Concentration Concentration of Other Acids Hydrochloric Acid Concentration Ferrous Ion Concentration Suspended Solids Concentration shall be included as a minimum the following: A complete analysis of the proposed chemical shall be included with the Bid Form and treatment process. ferric chloride solution that, in the opinion of the City, interferes with any other Protection Agency approved method. No constituent shall be allowed in the Supplier's exceed a ten (10) milligram per liter concentration as determined by an Environmental The cadmium concentration of the ferric chloride solution to be supplied shall not debris greater than eight hundred (800) microns in size. Examination of Water and Wastewater. There shall be no suspended particles or concentration of total suspended solids as determined by Standard Methods for the delivered shall contain no more than one thousand milligrams per liter (1000 mg/L) percent (3.0%) free hydrochloric or other acids. The solution of ferric chloride the total iron in the ferrous state and shall contain no more than a maximum of three The solution of ferric chloride delivered shall have no more than one percent (1.0%) of other criteria as stated herein are met. may be changed during the contract period with prior approval of the City, provided all shall not vary by more than 5% as ferric chloride. The average concentration range between 35% and 45% anhydrous ferric chloride. The concentrations between loads byproduct of another manufacturing process. The solution concentration shall be solution shall be manufactured from high purity raw materials and shall not be the The materials to be furnished will be an aqueous solution of ferric chloride. The 1. MATERIAL SPECIFICATIONS ANHYDROUS FERRIC CHLORIDE SPECIFICATIONS FOR WATER RECLAMATION PLANT CITY OF ROCHESTER October 2023 433 Water Reclamation Plant operator and the Minnesota Pollution Control Agency. release the chemical to the environment, the contractor shall immediately notify the and walls of buildings caused by drips and spills. In the event of a spill, which will contractor shall be responsible for cleaning ferric chloride staining from the concrete The contractor shall take extreme care to prevent even minor drips and spills. The 5. SPILLS a bill of lading showing the certified weight of the material delivered. contractor shall provide at the time of delivery the concentration and specific gravity and weight shall be the basis of payment for ferric chloride converted to dry weight tons. The as compared to either sample or the invoicing. Delivered scale weight less unloaded billing for any differences in the percentage of ferric chloride as found by such analysis not of the quality called for in these specification, and that it may make revisions in the and that the City reserves the right to reject any and all material being delivered which is shipment, to determine the quality of the material and the concentration of ferric chloride, understood and agreed that the City may take samples for analysis purposes from any shipper at a location at the Water Reclamation Plant designated by the City. It is name, the chemical name and the date of delivery. The sample shall be left by the and shall be placed in a covered plastic container, which is marked with the supplier’s each order is loaded or unloaded. The sample volume shall be approximately one liter A representative sample of the chemical to be delivered shall be taken by the supplier as protective equipment necessary and the source of all information submitted. precautions, special protection measures, other special precautions for venting or hazards data, health hazards, reactivity information, accidental spill or leak indication of hazardous components, physical characteristics, fire and explosion A material safety data sheet must be provided identifying the type of product, 4. SUBMITTALS delivery date through the fault of the City shall be specified in the proposal. demurrage required in the event that the transporter is detained beyond the scheduled surcharge will be allowed for delivery on Saturday, Sunday or legal holiday. Any be net of any super-fund tax imposed. No bonus or penalty clauses are provided. No shall be used for the bid security and performance bond amounts. The price bid shall the product and invoice. The total bid price for the estimated quantity of ferric chloride the Water Reclamation Plant. Payments shall be made within 30 days after receipt of The bid price shall be per ton, as ferric chloride and the price shall include delivery to 3. PRICES AND PAYMENTS for the placement of orders. weight of the product delivered. The supplier shall provide a toll free telephone number showing the Specific Gravity, concentration of Ferric Chloride, and the certified of the Street, Rochester, Minnesota. A bill of lading shall be submitted at the time of delivery th within two days after receipt of the order to the Water Reclamation Plant, 301 NW 37furnish fittings to unload the tank truck at the plant. The supplier shall make delivery Reclamation Plant has an 11,000-gallon tank for ferric chloride. The supplier must The City will order in quantities of approximately 4000 gallons. The Water 2. PURCHASE ORDERS AND DELIVERY October 2023 434 2024. st The contract shall run for one (1) year effective January 1 including chemicals for the Water Reclamation Plant effective January 1, 2014. The City of Rochester is exempt from the State Sales Tax on most tangible property 8. TAX statutory limits. of no less than $1,500,000; also workers compensation insurance based on Minnesota damage insurance, and fleet insurance including property damage with minimum limits During the term of the contract the contractor shall maintain general liability, property 7. INSURANCE contract. performance bond satisfactory to the City in full amount of the bid, upon issuance of the accepted other than that noted above. The undersigned also agrees to furnish a bids and to waive informalities. No registered or corporate checks or other surety will be dry ferric chloride indicated. The Common Council reserves the right to reject any and all City of Rochester for at least five-percent of the amount of the bid based on the tons of by a bid security in the form of a cashier's check, certified check or bid bond payable to the All bids shall be made on proposal forms prepared by the City and shall be accompanied 6. SECURITY October 2023 435 (Authorized Agent) Title By Printed Name By Signature Address Firm Name Date collusion or fraud. person, firm, or corporation making a bid for the same item, and is in all respects fair and without I certify that this bid is not subject to or involved in any understanding or agreement with any other Rochester to reject any or all bids and to waive informalities. submitting this bid, it is understood that the right is reserved by the Common Council of the City of performance bond satisfactory to the City in full amount of the bid, upon issuance of the contract. In of the bid based on tons of dry ferric chloride indicated. The undersigned also agrees to furnish a of Rochester in the amount of $ , totaling five-percent (5%) of the amount Accompanying this proposal is a certified check, cashier's check or bidder's bond payable to the City time: State any demurrage required on above commodity if the City is responsible for delay in scheduled Chemical Manufacturer’s Name and Address: $ Total price based on the estimated 288 tons (approximately 135,000 gallons) . 3 dry ferric chloride, FeClOne year’s supply of anhydrous ferric chloride @ per ton as indicated, in accordance with the specifications on file at the office of the City Clerk: The undersigned hereby proposes and offers to furnish the following item or items at the unit prices Ladies and Gentlemen: City of Rochester, Minnesota To: The Honorable Mayor and Common Council FERRIC CHLORIDE FORM OF PROPOSAL CITY OF ROCHESTER, MINNESOTA RESOLUTION436Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFaforementioned bidare hereby approved.BE IT RUTHER RESOLVED that the plans, specifications and proposal formsfor the November20,2023.be tabulated and presented for consideration by the Common Council at 7:00 p.m., the City Clerkor their assigned, and two designated City Officials. The proposals will then 11:00 a.m., November 2, 2023, at which time they will be publicly opened in the City Hall by must be on a form of proposal prepared by the City will be received by the City Clerk until: accordance with the specifications on file in the City Clerk's Office. Such proposals, which advertisement for sealed proposals for a one year supply of Anhydrous Ferric Chloridein BE IT RESOLVED that the Common Council of the City of Rochester hereby authorizes an Ferric Chloride.Authorizingthe Advertisementfor Bids fora One-Year Supply of Anhydrous M 437:tcapmI?ecruoseR?&?lacsiF?noitcurtsnoC?rof?tcartnoC?evorppA?-?gniteeM?licnuoC?:3202?,9?yraunaJsdiB?rof?esitrevdA?ot?krelC?ytiC?ezirohtuA?-?gniteeM?licnuoC?:1202?,12?enuJAIC?dna?ngiseD?laniF?rof? tcartnoC?evorppA?-?gniteeM?licnuoC?:0202?,4?yaMydutS?ytilibisaeF?rof?tcartnoC?evorppA?-?gniteeM?licnuoC?:9102?,61?rebmetpeS:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.secitcarp?ytiC?htiw?tnetsi snoc?si?seitreporp?gnitifeneb?htiw?stnemeerga?noitubirtnoC.saera?ecitsuj?latnemnorivne?ot?tnecajda?ro/dna?detcennoc?smetsys?liart?lanoiger?dna?saera?lacol?otytivitcennoc?dna?metsys?ecnayevnoc?retaw?m rots?egral?a?dnuora?ytefas?desaercni?sedivorp?tcejorp?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP.gnissorc?nairtse dep?eht?ot?detaler?erutcurtsarfnidna?stsoc?ngised?rof?yap?pleh?ot?seitrap?htob?yb?ot?deerga?saw?000,01$?fo?noitubirtnoc?detaitogen?a?,hcussA?.ssenisub?eht?ot?tifeneb?tnacifingis?a?sedivorp?osla?ti?ta ht?gnigdelwonkca?elihw?cilbup?lareneg?eht?ybyliramirp?dezilitu?eb?dluow?egdirb?nairtsedep?eht?taht?ytiC?eht?yb?dezingocer?saw?tI?.egdirb?nairtsedep?ehttcurtsnoc?ot?aedi?eht?drawrof?thguorb?ohw?,yrewe rB?eltsihT?elttiL?sa?nwonk?osla?si?hcihw?,CLL?,werbniF?foeinniF?evetS?,renwo?ssenisub?tnecajda?na?dna?ytiC?eht?neewteb?troffe?evitaroballoc?a?dezilamrof?AIC?ehT?.yaw?eganiard?eht?revo?etuor?efas?a?se divorp?dna?doohrobhgien?eht?nihtiw?ytivitcennocsevorpmi?hcihw?,liarT?salguoD?dna?WN?tS?ht41?tcennoc?ot?yaw?eganiard?eht?revo?egdirb?nairtsedepa?tcurtsnoc?ot?)AIC(?noitcA?detaitinI?licnuoC?a?dedulcni? 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eht?gnivah?ybycneiciffe?llarevo?edargpu?sa?llew?sa?,noisicerp?erom?htiw?setis?noitcurtsnoc?evitca?eht?gnitaulave?ni?SPGesu?ot?maet?noitcepsni?eht?wolla?lliw?sedargpu?esehT?.maet?snoitcepsni?ruo?rof?n oisicerp?edarg?yevrusedivorp?ot?tinu?SPG?2R?elbmirT?gnitsixe?na?edargpu?ot?tnempiuqe?lanoitidda?gnisahcrup?dna?,sledom2R?elbmirT?tnerruc?htiw?stinu?SPG?elbmirT?redlo?owt?eht?fo?tnemecalper?latot?sdne mmocer?skroWcilbuP?.detaicerped?ylluf?dna?dlo?sraey?21?era?stinu?metsys?gninoitisop?labolg?dleh-dnah?tnerruc?ehT:evitarraN?tropeR.erutcurtsarfni?ruo?foecnanetniam?dna?noitcurtsnoc?eht?rof??gnirehtag? noitamrofni?etarucca?dna?noisicerp?edarg-yevrus?edivorpot?tinu?SPG?2R?elbmirT?gnitsixe?eno?fo?edargpu?eht?dna?stinu?)SPG(?metsyS?gninoitisoP?labolG?2RelbmirT?owt?fo?tnemecalper?eht?rof?62.364,63$?rof ?noisicerP?reitnorF?hguorht?esahcrup?eht?gnizirohtuA:detseuqeR?noitcA???71.FstinU?metsyS?gninoitisoPlabolG?dleH-dnaH?fo?esahcruP?tnemecalpeR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesn oC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE P 447 tnempiuqE?SPG?noisicerP?reitnorF?-?eciovnI:stnemhcattA knilhcS?elyK:yB?deraper Frontier Precision, Inc.448$36,463.260.0036,463.26TotalShipping Cost (Shipping)Subtotal Billing FreqSubscription 0.0%0.0%0.0%0.0%0.0%0.0%Tax %4,356.006,255.00485.76607.504,968.0019,791.00 Ext. Price 2,178.006,255.00161.92202.501,656.009,895.50 Unit Price 6238X009446233X011766238X008676230S208586230S20970 Serial Number W/FirmwareTPP- Survey R9S, R2 GNSS, 5 Yrs,SN: 5607S03400Sub-Foot to CentimeterTrimble R2 Upgrade - Receiver ModeROD,2M,1.8M,1.6M,AL,SNAP-LOCROVERWorldwidePole Bracket Trimble TDC600(Android10)Trimble TDC600_2 WorldwideTrimble Access Support.with CM Accuracy configuration andTrimble R2, single receiver - No Radio Description ADLS-GNSS2-BNDLE-STKR2-UPG-001-635125-22-YEL-GT117057-GEO-BKT117057-20-GEOR2-101-01 Item #213332 Qty Signature: ___________________________Expiration Date: _____Month _____YearCredit Card #: ________________________Type: ____Discover ____Master Card ____VISA ____American ExpressPlease Enter Your Credit Card Information Bismarck, ND 585041713 Burlington DriveFrontier Precision, IncMake Checks Payable To:271395Invoice #$36,463.26Amount Due:_______________Amount PaidM220725 City of Rochester - Public Works DeptCustomer:Remittance Slip 32 HARR, DUSTINSales RepPO #4/27/2023Due DateNet 30TermsDavid KemperContact Name Rochester MN 55904201 4th StreetCity of Rochester - Public Works Dept Ship To:Rochester MN 559014001 W River Pkwy NWCity of Rochester - Public Works Dept Bill To:271395Invoice #3/28/2023DateM220725Account #Invoice 763-496-1366Maple Grove MN 55369 M 449??.stnemevorpmiytilauq?retaw?htiw?gnola?dleiF?oyaM?ot?txen?dna?tnorfrevir?eht?ta?etis?tnempoleveder?a?rof?seitinutropposedivorp?ytilicaf?gnitsixe?eht?gnitixE?.noitarepo?na?hcus?rof?ecaps?yrassec en?eht?ot?stnemevorpmi?dna)sutarappa?ecnanetniam?;erutcurtsarfni?gnigrahc?VE/leseid/sag?.e.i(?ecnanetniam?dna?egarots?elcihevrof?ecalp?ni?erutcurtsarfni?ralimis?htiw?ycneiciffe?lanoitarepo?edivorp?dl uow?ytilicaf?)COTWP(?retneCsnoitarepO?tisnarT?&?skroW?cilbuP?gnitsixe?eht?ot?COFP?eht?gnivoM?.metsys?skrap?lanoiger?eht?gnivressnoitarepO?yrtseroF?&?skraP?rof?ecaps?dezilartnec?,elbissecca?,detadpu?e divorp?dluow?tcejorp?sihT?.syab?egarag?eht?otni?erafhguoroht?niam?eht?sa?snoitcnufosla?yltneuqesnoc?hcihw?,moor?rekcol?gnitsixe?eno?ylno?si?ereht?,yllanoitiddA?.sesicrexe?noitneverp-yrujni?rof?snoitp o?laitaps?stimil?hcihw?,gnikrap?rotisiv?dna?dleif?llabesab?eht?htob?rof?tniop?sseccaeht?sa?derahs?osla?si?tub?,selcihev?ecnanetniam?yrtseroF?&?skraP?ot?ssecca?eht?sa?llew?sa?gnidliubeht?ot?ssecca?eht ?sa?ylno?ton?snoitcnuf?tixe/ecnartne?sihT?.tixe/ecnartne?eno?ylno?sah?ytilicaf?tnerruceht?,rehtruF?.ytilicaf?taht?fo?tuo?etarepo?taht?seeyolpme?lanosaes?dna?emit-lluf?htob?rof?ecaps?etauqedaevah?ton? 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.supmac?COTWP?gnitsixe?eht?ot?ytreporp?suougitnoc?sedivorp?B?toltu S 451 564380433147?.oN?DIlecraP?,B?toltuO?,noisividbuS?sirroM?ta?detacol?ytreporP?-?-?noitatneserP?noisseS?evitucexE?3202?,01?yluJ564380433147?.oN?DI?lecraP?,B?toltuO?,noisividbuS?sirroM?ta?detacol?y treporP?-?tnemeergA?esahcruP564380433147?.oN?DI?lecraP,B?toltuO?,noisividbuS?sirroM?ta?detacol?ytreporP?-?-?tnemeergA?esahcruP?fo?noitpmussA?dna?tnemngissA564380433147?.oN?DI?lecraP,B?toltuO?,noisivi dbuS?sirroM?ta?detacol?ytreporP?-?-?tnemeergA?esahcruP?laicremmoC?ot?mudneddA:stnemhcattA yesmaR?toc 452 ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 453 1835470 521931-232940 interpreted and construed in accordance with the laws of the State of Minnesota.? the provisions of the Purchase Agreement. This Assignment shall be governed by andfoThis Assignment does not amend or otherwise modify or limit any. Miscellaneous5.their successors and assigns.?this Assignment shall be for the sole and exclusive benefit of the parties hereto andagreements in ?any terms, covenants or condition hereof. All the terms, covenants and conditions, promises and?and assigns, any remedy or claim under or by reason of this Assignment onrespective successors ?be construed to confer upon, or give to, any person other than Assignor, Assignee and their. Nothing in this Assignment, express or implied, is intended or shallBinding Effect4.of $20,000.00 made by Assignor to Assignor.deposit earnest money ?Upon receipt of the earnest money by Title, Title shall refund the initial(“Title”). Services Inc. ?agrees to deposit earnest money in the amount of $20,000 with TitleAssignment, Assignee the?date?of?this?days of 5 Within Earnest Money.3.?Addendum?to?the?Purchase?Agreement?dated?September?11,?2023.certainthat??of?the?Purchase?Agreement?by?Assignment?the?approvedhas?Seller??Purchase Agreement, Pursuant to Article IX of the Addendum to theAssignment.Acceptance of 2.Agreement from and after the Effective Date.?ereby accepts the assignment and assumes all of Assignor’s right, title and interest in the Purchaseh?all its right, title and interest in and to the Purchase Agreement to Assignee, and Assigneeassigns ?Purchase Agreement and subject to the terms and conditions set forth therein, Assignor hereby. Pursuant to Article IX of the Addendum to theAssignment and Assumption1.NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:Agreement.?erein, capitalized terms used herein shall have the meanings assigned to them in the Purchaseh?erwise set forthest in the Purchase Agreement. Except as othterall of Assignor’s rights, title, and in?ights, title and interest in the Purchase Agreement and Assignee is willing to assume and acceptr?itsWHEREAS, subject to the terms hereof, Assignor desires to assign to Assignee all erty; andpurchase said Prop?s tota, to Assignor, and Assignor intendAgreement and located in the city of Rochester, Minneso?”). Seller intends to sell and transfer the Property described in the PurchaseSeller“(Memorial LLC ?Purchase Agreement2023 (the “15, ?neinto that certain Real Estate Purchase Agreement dated Jutered WHEREAS, Assignor en”).Assignee(“?rporationco”), and City of Rochester, a Minnesota municipal Assignory (“limited liability compan?Minnesota”), is by and between North Rock Real Estate LLC, a Date efectivEf, 2023 (“22 September? as of”), datednmentAssigThis Assignment and Assumption of Purchase Agreement (“ 2 454\[SIGNATURE PAGE FOLLOWS\]shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.2000, e.g., www.docusign.com) or other transmission method and any counterpart so deliveredmail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act ofconstitute one and the same instrument. Counterparts may be delivered via facsimile, electronic(2)or more counterparts, each of which shall be deemed an original, but all of which together shall. This Assignment may be executed in twoCounterparts; Electronic Signatures6. 3 455 Its: __________________By:Its: __________________By:City of Rochester:ASSIGNEEIts: __________________By:North Rock Real Estate LLC:ASSIGNORAssumption of Purchase Agreement as of the date first above written.IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 959456 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 960457 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 961458 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 962459 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 963460 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 964461 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 965462 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 966463 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 967464 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 968465 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 969466 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 970467 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 971468 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 972469 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 973470 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 974471 Principal6/29/2023Authorized?Signer PARKS RELOCATION LAND 472 ACQUISITION Lot B 473 ParkArendFoster FacilitiesUtilities Rochester FacilitiesPWTOC Current daoR reviR tsaE Lot A Lot C 474 PID 475 6.506.64 ac1,880,000Subject PropertySept 20206.614.86 ac1,400,0002729 WhynaughtCt SEJan 20216.993.03 ac923,0002020 NW Commerce Dr–OutlotCSale DatePer Square Foot PriceSizePriceComp Properties Morris Memorial Subdivision Outlot ”B”, 44 St NE & Morris RD SELot Information: •Adjacent commercial propertyParks / Forestry –future growth•Part of campus with RPU, PW, Transit, and Strategic ValueFunding Options•Street Construction •Traffic Signal Obligation75% impervious. •Storm Water Management:Site Estimated 70-Development Agreement itemsLight Industrial (M-1 under old code) Zone: utilities. The property has access to city Utilities::6.6acres (Outlot B on survey)Property Sizeperiod30 days after expiration of due diligence Closing:during 120 due diligence period$20,000-Fully refundable Earnest Money:$1,880,000 or $6.54 PSF Purchase Price::741334083465 PID 476 6.506.64 ac1,880,000Subject PropertySept 20206.614.86 ac1,400,0002729 WhynaughtCt SEJan 20216.993.03 ac923,0002020 NW Commerce Dr–OutlotCSale DatePer Square Foot PriceSizePriceComp Properties Morris Memorial Subdivision Outlot ”A”, 44 St NE & Morris RD SELot Information: •Adjacent commercial propertyParks / Forestry –future growth•Part of campus with RPU, PW, Transit, and Strategic ValueFunding Options•Street Construction •Traffic Signal Obligation75% impervious. •Storm Water Management:Site Estimated 70-Development Agreement itemsLight Industrial (M-1 under old code) Zone: utilities. The property has access to city Utilities::4.9acres (Outlot A on survey)Property Sizeperiod30 days after expiration of due diligence Closing:during 120 due diligence period$20,000-Fully refundable Earnest Money:$1,400,000 or $6.56 PSF Purchase Price::741334083464 477 478 Questions?479 M 480 gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.snoitidnoc?eseht?htiw?tnemeerga?esahcrup?eht?detucexe?sah?repoleved?ehT?.yaw-fo-thgirevA?ht6?eht?fo?n oitacav?eht?htiw?detaicossa?dedeen?stnemesae?dna?noitacoler?ytilitu?lla?edivorP.ytiC?eht?yb?tes?snoitavele?dna?sdradnats?doolf?teeM.rodirroc?lortnoC?doolF?eht?niatniam?ylevitceffeot?maet?ytiC?eht?wol la?ot?ytreporp?rieht?fo?noitrop?a?revo?tnemesae?lortnoC?doolF?a?gnidivorP.syad?081?nihtiw?ecnegilid?eud?rieht?fo?noitelpmoC:edulcni?smeti?rojameht?fo?emoS?.edivorp?osla?tsum?reyub?eht?hcihw?stnemeriu 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inum?eht?ot?ytreporp?rieht?fo?noitcennoc?wolla?ot?,tsurT?elbacoveR?nagloC?.BharobeD?eht?fo?seetsurt?sa?,nagloC?.B?harobeD?dna?.P?hpesoJ?htiw?tnemeergA?noitcennoC?ytilitU?.1?:gniwollof?eht?gnizirohtuA :detseuqeR?noitcA???22.FWS?nL?tserC?5062?-?tsurT?elbacoveR?nagloC.B?harobeD?eht?fo?seetsurt?sa?,nagloC?.B?harobeDdna?.P?hpesoJ?htiw?tnemeergA?noitcennoC?ytilitU NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:R ETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE p 513 tsurT?elbacoveR?nagloC?.B?harobeD?-?tnemeergA?noitcennoC?ytilitU:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.niam?rewes?yratinas ?eht?fo?noisnapxe?eht?rof?gnidnuf?edivorptaht?stnuocca?eht?ot?detiderc?eb?lliw?tnemeerga?siht?ni?dedulcni?63.325,84$?fo?segrahc?noitcennoc?ehT:tcapmI?ecruoseR?&?lacsiF.emit?sihtta?troper?ot?tnemegagn e?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.570.444?§?.statS?.nniM?ni?dedivorp?sa?ytiC?eht?ni?sdnal?lla?ot?seilppa ?hcihw?ecivresrewes?dna?retaw?rof?dehsilbatse?eb?dluohs?egrahc?noitcennoc?dna?eef?ytilibaliava?ecivres?a?taht?sdniflicnuoC?nommoC?eht?,ytiC?eht?ni?srenwodnal?lla?gnoma?senil?rewes?yratinas?dna?,sniam ?retaw?,seitilicafegarots?retaw?fo?noitcurtsnoc?fo?tsoc?eht?noitroppa?ylbatiuqe?dna?,seitilicaf?gnitsixe?fo?noisnapxe?ehtrof?sdnuf?tneiciffus?edivorp?ot?,ytiC?eht?fo?ytirgetni?lacsif?eht?evreserp?oT? .seitilicaf?eseht?fo?noitcurtsnocfo?tsoc?eht?fo?erahs?a?diap?ton?sah?enil?rewes?ro?,niam?retaw?,ytilicaf?egarots?retaw?a?yb?devres?dnalfo?renwo?na?,htworg?nabru?dipar?fo?esuaceb?,secnatsni?niatrec?ni ?taht?sdnif?rehtruf?licnuoC?nommoC?ehT?.ytiC?eht?fo?sreyapxat?ytreporplareneg?eht?ton?dna?,devres?si?hcihw?ytreporp?eht?fo?renwo?eht?yb?enrob?eb?dluohs?,ytreporp?fo?lecra 514 515 516 517 518 519 M 520.emit?sihtta?troper?ot?tnemegagne?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitilicaf?rieht?evom?ro?,tcetorp ?,troppus?,niatniam?ot?deriuqer?eb?lliw?dna?krowrieht?rof?ytilibisnopser?laicnanif?raeb?lliw?yaw-fo-sthgir?eht?gnitcurtsbo?dna?,gnitavacxe?,gnisu?snosrep,retpahc?siht?rednU?.seicnega?laredef?dna?etat s?fo?selor?yrotaluger?eht?tnemelpmoc?ot?dednetni?si?retpahcsihT?.yaw?fo?sthgir?s'ytiC?eht?nihtiw?yltnerruc?tnempiuqe?dna?seitilicaf?fo?ecnanetniam?dna?tnemecalpeht?no?noitaluger?elbanosaer?sesopmi?,t nemeganaM?yaW-fo-thgiR?cilbuP?,OCR?eht?fo?2-9?retpahC?.yaw-fo-sthgircilbup?eht?fo?esu?etairporppa?eht?dna?steerts?sti?fo?ytirgetni?eht?erusne?ot?dna?,snezitic?sti?fo?eraflewdna?,ytefas?,htlaeh?eht?tc etorp?dna?rof?edivorp?ot?redro?ni?secnarbmucne?yrassecennu?morf?eerf?dnariaper?doog?fo?etats?a?ni?yaw-fo-sthgir?cilbup?sti?peek?ot?sevirts?ytiC?ehT?.5-2-9?.ceS?,)OCR(?secnanidrOfo?edoC?ytiC?retsehcoR ?eht?rep?tnemeriuqer?a?era?streblA?leoJ?htiw?tnemeerga?dna?timrep?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.renwO? eht?yb?detucexe?neeb?sah?dna?ytiC?eht?rof?noitcetorp?ytilibail?dna?noitacover?rof?egaugnalsedulcni?tnemeerga?ehT?.)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?eht?fo?rovaf?ni?sdnemmocerdna?tseuqe r?eht?deweiver?sah?skroW?cilbuP?.seitilicaf?cilbup?ot?egamad?yna?sa?llew?sa?,esnepxenwo?s'renwO?eht?ta?ecivres?etavirp?eht?niatniam?lliw?renwO?ehT?.ytiC?eht?yb?denwo?si?hcihw?,noisividbuSmraF?traH?,A ?toltuO?no?detacol?elohnam?rewes?yratinas?tseraen?eht?ot?tcennoc?lliw?taht?ecivresrewes?yratinas?etavirp?a?niatniam?dna?tcurtsnoc?ot?lavorppa?detseuqer?sah?renwO?ehT?.ytreporp?s'renwOeht?ot?tnecajda? detacol?ton?si?niam?rewes?yratinas?cilbup?eht?tub?,rewes?yratinas?lapicinum?eht?ot?ytreporpsih?tcennoc?ot?serised?renwO?ehT?.atosenniM?,ytnuoC?detsmlO?,tseW?41?egnaR?,htroN?601?pihsnwoT?,22noitceS?fo ?retrauQ?tsaehtroN?eht?fo?trap?sa?debircsed?yllareneg?ytreporp?eht?fo?renwO?eht?si?streblA?leoJ:evitarraN?tropeR.ytreporp?ytiC?no?ecivres?rewes?yratinas?etavirpa?fo?tnemecalp?rof?streblA?leoJ?htiw?)" tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA:detseuqeR?noitcA???32.FytreporP?ytiC?no?ecivreS?reweS?yratinaS?etavirP-?streblA?leoJ?htiw?tnemeergA?dna?timreP?elbacoveR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE F 521.ytreporP?ytiC?no?ecivreS?etavirP?-?streblA?-?tnemeergA?&?timreP?elbacoveR:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemeergA? dna?timreP?elbacoveR?tcejbus?eht?fo?gnidrocerdna?noitaraperp?eht?rof?642$?fo?eef?gnidrocer?dna?noitaraperp?tnemucod?a?stcelloc?skroW?cilbuP:tcapmI?ecruoseR?&?lacsi 522 523 524 525 526 527 528 M 529:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitilicaf?rieht?evom?ro?,tcetorp?,troppus?,niatniam?ot?deriuqer?eb?lliw?dna?krowrieht?rof?ytilibisnopser?laicnanif?raeb?lliw?yaw?fo?sthgir?eht? gnitcurtsbo?dna?,gnitavacxe?,gnisu?snosrep,retpahc?siht?rednU?.seicnega?laredef?dna?etats?fo?selor?yrotaluger?eht?tnemelpmoc?ot?dednetni?si?retpahcsihT?.yaw-fo-sthgir?s'ytiC?eht?nihtiw?yltnerruc?tnem piuqe?dna?seitilicaf?fo?ecnanetniam?dna?tnemecalpeht?no?noitaluger?elbanosaer?sesopmi?,tnemeganaM?yaW-fo-thgiR?cilbuP?,OCR?eht?fo?2-9?retpahC?.yaw-fo-sthgir?cilbup?eht?fo?esu?etairporppaeht?dna?steer ts?sti?fo?ytirgetni?eht?erusne?ot?dna?,snezitic?sti?fo?eraflew?dna?,ytefas?,htlaeh?eht?tcetorpdna?rof?edivorp?ot?redro?ni?secnarbmucne?yrassecennu?morf?eerf?dna?riaper?doog?fo?etats?a?ni?yaw-fo-sthgi r?cilbup?sti?peek?ot?sevirts?ytiC?ehT?.5-2-9?.ceS?,)OCR(?secnanidrO?fo?edoC?ytiC?retsehcoR?ehtrep?tnemeriuqer?a?era?,atosenniM?,retsehcoR?fo?hcruhC?tsitpaB?yravlaC?htiw?tnemeerga?dna?timrep?ehT:tcapm I?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.renwOeht?yb?detucexe?neeb?sah?dna?ytiC?eht?rof?noitcetorp?ytilibail?dna?noitacove r?rof?egaugnal?sedulcnitnemeerga?ehT?.)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?eht?fo?rovaf?ni?sdnemmocer?dnatseuqer?eht?deweiver?sah?skroW?cilbuP?.seitilicaf?cilbup?ot?egamad?yna?sa?llew?sa? ,esnepxe?nwo?s'renwOeht?ta?etag?eht?niatniam?lliw?renwO?ehT?.ytreporp?s'renwO?eht?hguorht?gnittuc?morf?ciffart?pots?ot?A?toltuOdias?no?tnemesae?yawevird?eht?ssorca?etag?a?niatniam?dna?llatsni?ot?lavo rppa?detseuqer?sah?renwOehT?.ytiC?eht?yb?denwo?si?hcihw?,noisividbuS?kraP?drahcrO?htroN?,A?toltuO?no?detacol?ytreporp?s'renwOeht?sevres?taht?tnemesae?yawevird?a?si?erehT?.atosenniM?,ytnuoC?detsmlO?,t seW?41?egnaR?,htroN701?pihsnwoT?,9?noitceS?fo?retrauQ?tsewhtuoS?eht?fo?retrauQ?tsaehtroN?eht?fo?flaH?htroN?eht?fo?trapsa?debircsed?yllareneg?ytreporp?eht?fo?renwO?eht?si?,atosenniM?,retsehcoR?fo?hcru hC?tsitpaB?yravlaC:evitarraN?tropeR.ytreporp?ytiC?no?etag?a?fo?tnemecalp?rof?,atosenniM?,retsehcoRfo?hcruhC?tsitpaB?yravlaC?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA:detseuq eR?noitcA???42.FytreporP?ytiC?no?detacoLetaG?-?atosenniM?,retsehcoR?fo?hcruhC?tsitpaByravlaC?htiw?tnemeergA?dna?timreP?elbacoveR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?A DNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE T 530 ytreporP?ytiC?no?etaG?-?hcruhC?tsitpaB?yravlaC?-?tnemeergA?&?timreP?elbacoveR:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemee rgA?dna?timreP?elbacoveR?tcejbus?eht?fo?gnidrocerdna?noitaraperp?eht?rof?642$?fo?eef?gnidrocer?dna?noitaraperp?tnemucod?a?stcelloc?skroW?cilbuP:tcapmI?ecruoseR?&?lacsiF.emit?sihtta?troper?ot?tnemegag ne?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sih 531 532 533 534 535 536 537 538 539 M 540 noisnapxE?dnoP?retaW?mrotS?WN?evA?ht05?fo?noitucexE?ezirohtuA?-?gniteeM?licnuoC?:5102?,02?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.rodirroc?maerts?keerC?edacsaC?eht?fo?sehcaer?rewo l?eht?nihtiw?ycnegA?lortnoC?noitulloPatosenniM?eht?yb?deifitnedi?aera?ecitsuj?latnemnorivne?eht?nihtiw?stcapmi?doolf?gnicuder?yb?tcapminoisulcni?dna?,ytiuqe?,ytisrevid?evitisop?a?edivorp?lliw?tcejorp ?sihT?.noitcetorp?doolf?dna?ecnayevnocretaw?mrots?ot?detaler?sdradnats?ngised?dna?,seicilop?,snalp?ytiC?htiw?tnetsisnoc?si?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&? ycnarbiV?cimonocEpihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroirP.secivres?ngised?lanif?dna?yranimilerp?rof?.cnI?,kneM&?notloB?gniniater?sdnemmocer?skroW?cilbuP?,ytilicaf?tnemeganam?lan oiger?eht?fo?ngised?eht?etatilicaf?oT?.gnimit?noitcurtsnoc?htiw?erefretniyam?taht?slasoporp?tnempoleved?yna?fo?ecnavda?ni?ytilicaf?tnemeganam?retaw?mrots?lanoiger?ehttcurtsnoc?ot?noitagilbo?eht?gnill ifluf?sdnemmocer?skroW?cilbuP?,eroferehT?.elbapoleved?ylhgih?ytreporpCLL?,lheuK?eht?gnikam?,ytreporp?siht?evres?lliw?,noitcurtsnoc?rednu?yltnerruc?si?hcihw?,reweS?yratinaSorbmuZ?tseW?ehT?.aera?eht?ni ?tnempoleved?no?tnedneped?saw?dnop?eht?gnitcurtsnoc?fo?gnimit?ehT?.tnemeergatnemelttes?eht?fo?trap?sa?ytiC?eht?yb?,CLL?,lheuK?morf?desahcrup?saw?detcurtsnoc?eb?lliw?ytilicaftnemeganam?retaw?mrots?lan oiger?eht?hcihw?nopu?ytreporp?ehT?.WN?evA?ht05?dna?WN?rD?hgihyellaVfo?tnardauq?tsaehtron?eht?nihtiw?detacol?ytreporp?eht?fo?tnempoleved?erutuf?eht?evres?ot?ytilicaftnemeganam?retaw?mrots?lanoiger?a?t curtsnoc?ot?detagilbo?si?ytiC?eht?,CLL?,lheuK?dna?ytiC?eht?neewtebtnemeerga?tnemelttes?noisnapxE?dnoP?retaW?mrotS?WN?evA?ht05?,5102?,5?tsuguA?na?fo?trap?sA:evitarraN?tropeR.7766J?.oN?tcejorP?-?1.3P?- ??keerCedacsaC?ytilicaF?tnemeganaM?retaW?mrotS?lanoigeR?fo?ngised?eht?ot?detaler?secivres?gnireenigne?rof,4202?,13?rebmeceD?hguorht?609,97$?fo?tnuoma?eht?ni?.cnI?,kneM?&?notloB?htiw?tcartnoc?a?gnizir ohtuA:detseuqeR?noitcA???52.F7766J?.oN?tcejorP-?1.3P?-?keerC?edacsaC?ytilicaF?tnemeganaM?retaWmrotS?lanoigeR?rof?.cnI?,kneM?&?notloB?htiw?tcartnoC NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?t nesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE S 541 7766?.oN?tcejorP?-?1.3P-CC?ytilicaF?tnemeganaM?retaW?mrotS?lanoigeR?-?tcartnoC?secivreS?lanoisseforPtnemeergA?tnemeltteS?noisnapxE?dnoP?WN?evA?ht05?-?tnemeergA?tnemeltteS7766J?.oN?tcejorP?-?1.3 P-CC?ytilicaF?tnemeganaM?retaW?mrotS?lanoigeR?-?paM?noitacoL?tcejorP:stnemhcattA noskcirE?yorT:yB?deraperP.emit?siht?ta?detseggus?era?snoitcA?evitanretlA?oN:)s(noitcA?evitanretlA.dnuF?esirpretnE?ytil itU?retaW?mrotS?eht?fo?sgninrae?deniater?aiv?dednuf?eb?lliw?tcejorpehT?.7766J?.oN?tcejorP?-?1.3P?-?)CC(?keerC?edacsaC?ytilicaF?tnemeganaM?retaW?mrotS?lanoigeR?,72.oN?paM?sa?)PIC(?nalP?tnemevorpmI?lat ipaC?retaW?mrotS?7202?-?2202?eht?ni?deifitnedi?saw?tcejorp?sihT:tcapmI?ecruoseR?&?lacsiF tnemeergA?tnemeltte P 542 803 dnoP - ytilicaF tnemtaerT retaW mrotS lanoigeR tcurtsnoC 7766J 803 dnoP - ytilicaF tnemtaerT retaW mrotS lanoigeR tcurtsnoC 7766J MA 73:41:01 3202/5/01 :devaS etaD dxm.7766J paM noitacoL\\7766J\\JORP-J\\EVIHCRA\\skroW cilbuP\\evihcrA\\1111roc\\\\ :htaP tnemucoD teeF005000,10/4½½4½½4½½WN DR HGIHYELLAVWN TS 53R^NOITACOL TCEJOR 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 City of Rochester 577 , City AttorneyKrage-Michael Spindler ________________________ Approved as to Form & Execution ClerkCity , Kelly K. Geistler , MayorKim Norton And By: ___________________Date:______________ ___________ By: ______________________Date: CITY OF ROCHESTER ______________________________________________________________________________________ Title: ______________________________________________ By: __________________________Date: ________________ ENGINEER ___________________________________________________________________________ __________ the parties have executed this contract intending to be bound.IN WITNESS WHEREOF, 4202, December 31Expiration Date: 3, 202October 16 Effective Date: incorporated.nd any exhibits or other conditions which are attached and Contract, including the Special and General Conditions a, who is not a city employee, will perform the work under this ENGINEERit is agreed that NOW, THEREFORE represents that it is licensed and agrees to perform all services described in this Contract. ENGINEER WHEREAS, herein; andCITY does not have available necessary and / or qualified personnel to conduct the services as described WHEREAS, 2900 43rd Street NW, Suite 100, Rochester, MN 55901 Address: (“ENGINEER”); This Contract between the City of Rochester, MN (CITY) and _______________________________________________________________________________ Job No.: J6677 N.A. State Aid Project No.: 79,906.00$ Total Contract Amt: N.A. No.:Project Storm Water Utility Enterprise Fund Fund: 3220 Fiscal Year: ccounting Information:A .1P3 –egional Storm Water Management Facility Cascade Creek (CC) R: IdentificationProject PROFESSIONAL TECHNICAL (NONCITY EMPLOYEE) SERVICES SPECIAL CONDITIONS 578 .ENGINEERpayment by the orized Agent will certify each invoice submitted for and deliverables are acceptable and satisfactory, the CITY’S Auth’S services and deliverables. If such services ENGINEER CITY’S Authorized Agent will have authority to accept or reject anagerProject M Responsibility: terickson@rochestermn.gov Email: 1924-328507) ( Phone: 301 37th Street NW Address: Water Resources Manager Title: , ENV SPTroy Erickson, P.E. Name: Authorized Agent, or Project Manager will be:CITY’S CITY’S AUTHORIZED AGENT / PROJECT MANAGER ARTICLE 5 must immediately notify CITY. ENGINEER’S Authorized Agent changes at any time during this Contract, ENGINEERIf Project Manager Responsibility: menk.com- Email: 2685-525) 507( Phone: 12900 43rd Street NW, Suite 100, Rochester, MN 5590 Address: Principal Engineer Title: _________________________ ___________ P.E. Olinger,Derek P. Name: ’S Authorized Agent, or Key Personnel: ENGINEER ’S PERSONNEL ENGINEER ARTICLE 4 79,906.00$ TOTAL CONTRACT AMOUNT: 19,238.00$ Final Design Task 4 .0027,026$ Preliminary Design Task 3 .00085,42$ Data Collection Task 2 .00557,9 $ Project Management Task 1 COST TASK DESCRIPTION TASK items: following not to exceed for the schedule basis, fee an hourly,, as defined by this contract, will be paid by CITY on ENGINEERConsideration for all services performed by CONSIDERATION OF PAYMENT ARTICLE 3 See Attached C. General Conditions: , Inc. Bolten & Menkfrom ScopeSee Attached B. Project Deliverables: , Inc. Bolten & MenkScope from AttachedSee A. Detailed Scope of Work: SCOPE OF WORK ARTICLE 2 4, 202December 31 Expiration Date: 4, 202June 30 Work Completion Date: 3, 202October 16 Effective Date: TERM OF CONTRACT ARTICLE 1 579 .DOT Travel Regulations"current "Mn/reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the will be ENGINEERperformance of this Contract must not exceed the amount defined in the Special Conditions. as a result of NGINEEREReimbursement for travel and subsistence expenses actually and necessarily incurred by D. 's own risk.ENGINEERthis Contract that has not been properly approved and executed by the parties will be performed at Any work performed under an amendment to after this time may be refused and no claim will be valid unless so Any claim made of conditions. Latent conditions are conditions not anticipated by the Special Conditions of this Contract. writing 20 Calendar days after such instruction or observance must make claim for any extra cost incurred in ENGINEERclaims any instructions, latent conditions, or conditions exist that cause extra cost under this Contract, ENGINEERIf C. the extra work.may not be entitled to compensation for ENGINEERed voluntary and written amendment signed by CITY, may be deemamendment to the Contract. Any work performed beyond that, which is provided for in this Contract without a prior or work performed in excess of the Total Contract Amount without a written, and fully executed, compensated fmay not be ENGINEER must notify CITY’s Authorized Agent in writing in a timely manner. ENGINEERContract, will exceed the Total Contract Amount stated in the Special Conditions of this ENGINEERIf it appears at any time that B. ion of Payment”.Conditions, ARTICLE 3, “Considerat pursuant to this Contract will be paid by CITY. Compensation will be in accordance with the Special ENGINEERsupplied by sions of the Special and General Conditions, all services performed and deliverables satisfactorily Subject to the provi A. TERMS OF PAYMENT ARTICLE 4 will control. Minnesota Law supersedes any of the Special Conditions or General Conditions set forth in this Contract.consistencies between the Special Conditions and these General Conditions, the Special Conditions To the extent of any in B. canceled or modified, in writing, by the Special Conditions of this Contract.Any and all provisions of these General Conditions will remain in force unless they are specifically and deliberately A. TERMS OF GENERAL CONDITIONS ARTICLE 3 nesota.MinContract, or breach, will be in the applicable state or federal court with competent jurisdiction in Olmsted County, language of that law into this Contract as if fully set forth herein. Venue for all legal proceedings arising out of this rporates the This Contract will be interpreted pursuant to Minnesota Law. Any citation to federal or state law inco A. GOVERNING LAW, JURISDICTION, AND VENUE ARTICLE 2 schedule and final cost associated with such delays, in writing, within the terms of the Contract.to adjust the believe the project will not be completed as scheduled. CITY’s Authorized Agent will have the authority has reason to ENGINEER’s responsibility to reasonably notify CITY’s Authorized Agent, in writing, if ENGINEERIt will be C. etermined by the CITY’s Agent.length of such time extension will be d TheAuthorized Agent may extend the Work Completion Date, as set forth in the Special Conditions of this Contract. , the CITY's ENGINEER’s control, and upon written request from ENGINEERys encountered that are beyond For dela B. or until all obligations set forth in this Contract have been fulfilled, whichever event occurs first.which ever event occurs later. This Contract will remain in effect until the Expiration Date set in the Special Conditions, officials, ENGINEERappropriate CITY officials, pursuant to City of Rochester Home Rule Charter, and the appropriate This Contract will be effective upon the date set in the Special Conditions, or upon execution and approval by the A. TERM OF CONTRACT ARTICLE 1 ONDITIONS CG 2-GC 580’s deliverables in a manner beyond the scope of this contract, it ENGINEERterms of this Contract. If the CITY uses the storation of any damaged work or as waiving the right of CITY to require the fulfillment of all of the been made or the refrom sole responsibility for services and deliverables upon which payments have ENGINEERnot be construed as relieving ll deliverables covered by progress payments made by CITY will become the sole property of CITY. This provision must A C. regulations.will not receive payment for work performed in violation of federal, state, or local laws, ordinances, rules, or ENGINEER B. .required by applicable law to perform ENGINEER’s services All current state standards, policies, and practices 2. tions.All current applicable federal, state, and local laws, ordinances, rules, and regula 1. endeavors to comply with the following: ENGINEERThe with ENGINEER’s services ER makes no warranties, expressed or implied, under this Contract or otherwise, in connection circumstances.that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar under this Contract will be performed in a manner consistent with ENGINEERl services and deliverables provided by Al A. CONDITIONS OF PAYMENT ARTICLE 6 forthmust require subcontractors' invoices to follow the same form and contain the same information as set ENGINEER D. subcontractor must be awarded if the subcontractor prevails in a lawsuit.payments, and defining costs the of subcontractors, penalties for late ENGINEERrequiring timely payment by must comply with Minnesota Statutes Section 16A.1245, ENGINEERdocumentation in any subconsultant's Contract, and must include all the above supporting ENGINEERany subcontractors, is authorized by CITY to use or uses ENGINEERIf C. rate, regular and overtime hours, and the dollar amount charged to the project for each pay period.ted printouts of labor costs for the project must contain the project number, each employee's name, hourly Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. Computer b. hours worked, and total payment for each invoice period; andbreakdown identifying the name of the employee, classification, actual rate of pay, must include a payroll cost ThisDirect salary costs of employees' time directly chargeable for the services performed under this Contract. a. must provide, upon request of the CITY's Authorized Agent, the following supporting documentation: NGINEERE 4. cost. . Supporting documentation must be provided in a manner that corresponds to each directENGINEERof the salary costs are any costs that are not the salaried costs directly related to the work -allocable to the work. Direct nonch costs are properly Contract, must be itemized and supported with invoices or billing documents to show that susalary costs allocable to the work under this Contract, and defined in the Special Conditions of this -Direct non 3. For other contracts only: t for review and payment.The original of each invoice and progress report must be sent to the CITY's Authorized Agen 2. costs are new and that no previous charge for those services and deliverables has been included in any prior invoice.ature attesting that the invoiced services and 's original signENGINEERaddress if different from business address, and Each invoice must contain the following information: CITY contract invoice number (sequentially numbered), billing 1. For lump sum and other contracts: fy the requirements listed below:performed and delivered for the billing period and must satisCITY. A sample invoice format is attached to this General Conditions. Invoices must identify the cost for the services monthly to the CITY's Authorized Agent in the form prescribed by ENGINEERInvoices for payment must be submitted by B. were not properly performed in accordance with the contract.’s presentation of invoices if they believe the progress reports were not properly prepared or the services ENGINEERof days in writing within 30 ENGINEERCITY shall notify prepared, for services performed in accordance with this contract. ’s presentation of invoices and progress reports, properly ENGINEERPayments will be made by CITY within 30 days of A. PROCEDURE FOR PAYMENT ARTICLE 5 3-GC 581 accordance with this Contract. inprovided by CITY in accordance with this Contract and as it applies to all data created, gathered, generated, or acquired must comply with the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data ENGINEER A. TUAL PROPERTY DATA PRACTICES AND INTELLEC ARTICLE 11 compliance with all applicable federal and state laws.shall procure all licenses, permits, or other rights necessary to fulfill its obligations under this Contract in ENGINEER A. ANCE WITH LICENSES, PERMITS, AND OTHER REGULATIONS ARTICLE 10 which together shall constitute the same contract.This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of D. understands it and agrees to be bound by its terms and conditions.s Contract, has read thi ENGINEERby the signature below of its authorized representative, hereby acknowledges that the , ENGINEERunderstandings, agreements or representations, oral or written, not specified herein regarding this Contract. There are no purpose given. change, if made, shall be effective only in the specific instance and for the specific of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or r, consent, modification or change of terms No waive This contract constitutes the entire agreement between the parties. C. Conditions. Changes in the Total Contract Amount or the Contract Expiration Date are not permitted in a change order.hin the general Scope of Services identified in the Special be consistent with the basic purpose of this Contract and wit. Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must ENGINEERof ntract may be changed at the request of CITY, with the mutual concurrence The work to be done in connection with this Co B. will be delayed in any way from completing the project under this Contract. ENGINEER CITY’s Project Manager in writing if must notify ENGINEERnd approved the original Contract, or their successors in office. parties and officials who executed aevidenced by an amendment to this Contract. Amendments must be in writing and executed and approved by the same for extra work or costs under this Contract that has been approved by the CITY's Authorized Agent must be ENGINEER Work, entitled “Detailed Scope of Work,” and that are considered essential to the work. Any written claim made by act will be considered only for unforeseen work or services that were excluded in the Scope of Amendments to this Contr A. AMENDMENTS, CHANGE ORDERS, MERGER, COUNTERPARTS, AND WAIVER ARTICLE 9 subcontractor contract and prior to work starting under the subcontractor contract.execution of the ontractor contracts must be sent to the CITY’s Authorized Agent after A copy of any and all subc B. from performing and delivering the work stated in this Contract. ENGINEERuse of subcontractors does not relieve the The. conditions of this Contractmust require all subcontractor contracts to contain all appropriate terms and ENGINEER A. SUBCONTRACTS ARTICLE 8 responsibility for performance of the services and deliverables specified in this Contract.from the primary ENGINEERauthorization from the CITY's Authorized Agent. The written authority will in no way relieve hout prior written may neither assign nor transfer any rights or obligations under this Contract wit ENGINEER A. ASSIGNMENT ARTICLE 7 and/or deliverables described in this Contract for a sum not to exceed that is set forth in the Special Conditions.s obligation to complete the services from it ENGINEERNothing in this Contract must be construed in any way to relieve D. Data for other purposes. ENGINEER extent of the CITY’s rights in such data, to use the exclusive license, to the -a non ENGINEERThe CITY grants ms resulting from this reuse.for clai ENGINEERshall indemnify 4-GC 582 .ENGINEERcontract with with Workers’ Compensation insurance coverage requirements must be presented to CITY before CITY may enter into a 82, acceptable evidence of compliance be the obligation or responsibility of CITY. Pursuant to Minnesota Statutes 176.1's employees, or other person while so engaged on any of the work or services to be rendered, will in no way ENGINEERy as a consequence of any act or omission on the part of while so engaged, and any and all claims made by any third partclaims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons and all under this Contract, will not be considered employees of CITY. Any ENGINEERany work or services required by , including its subcontractors, or other persons while engaged in the performance of ENGINEERAny and all employees of A. WORKERS' COMPENSATION ARTICLE 13 for any reason, the terms and conditions of this Article shall survive. terminatedUpon completion of all services, obligations, and duties provided for in this Contract, or if this Contract is - Survival C. and CITY, they shall be borne by each party in proportion to its own negligence. ENGINEERconcurrent negligence of joint or , including reasonable attorneys’ fees, In the event claims, losses, damages, or expenses are caused by the liability, costs, damages, to the extent the ENGINEER and CITY are responsible for such Minnesota Statutes Chapter 337, e full effect provided by Party, its officers and employees may hereafter sustain, incur or be required to pay to thwhich the Indemnified liable for in the performance of professional services required under this Contract acts they may be and anyone for whose negligent ER and CITYof ENGINE negligent acts any liability, damages, and costs arising from thefrom the other (“the Indemnified Party”), Section 466.04, and hereby agrees to defend, indemnify, and hold harmlesscap on municipal tort liability under Minnesota Statutes CITY’s subject to the and to the extent provided by law omissions, errors and actsnegligent and CITY (the “Indemnifying Party”) shall be liable for its own ENGINEER - Indemnification B. gree to allocate and limit such liabilities in accordance with this Article.a ENGINEERCITY and ’s fee for the Services, and in consideration of the promises contained in this Contract, ENGINEERof the project, and the Having considered the potential liabilities that may exist during the performance of the Services, the benefits - General A. LIABILITY ARTICLE 12 ENGINEER shall be done at CITY’s sole risk and without liability to ENGINEER.ion by adaptation by ENGINEER and any such reuse or modification of the Engineering Data without the written verification or adaptaton or icatirepresented to be suitable for use or reuse by CITY on extension of the Project or on any other project without written verif ring Data for the purposes set forth herein, subject to the following limitations: such Engineering Data are not intended orEngineefree, irrevocable license to use such -assignable, royalty-exclusive, non-Engineering Data, ENGINEER hereby grants to CITY a nonion of the ENGINEER), whether or not the Project is completed. To the extent the services performed by ENGINEER contain directe at the of ENGINEER.. ENGINEER shall retain an ownership and property interest therein (including the copyright and the right of reus ta”) previously belonging or licensed to Engineer and used to perform ENGINEER’s services shall remain the property (“Engineering Da how and software -D. Notwithstanding the above paragraphs, work papers, proprietary information, processes, methodologies, know for this Contract. ENGINEERPrior to final payment by CITY to 3. Upon written notification by CITY. 2. this Contract.Upon written notice of completion or cancellation of 1. sheets, field notes, computations, and other project data must be relinquished to CITY:otherwise directed by CITY, the originals of reports, drawings and plans; and legibly reproducible copies of work C. .ENGINEERthe waives all claims against the CITY resulting in any way from any reuse of ENGINEERData for other purposes. ENGINEERexclusive license, to the extent of the CITY's rights in such data, to use the -a non ENGINEERhe City shall grant the Tontract. Cfor claims resulting from any reuse of such materials beyond the scope of this ENGINEERCITY will indemnify The must remit all such materials to CITY upon completion or cancellation of this Contract. ENGINEERproperty of CITY. the exclusive and are are instruments of service in respect to ENGINEER’s services of its obligations under this Contractin the performance ENGINEERby created and paid for Any reports, studies, photographs, negatives, or other documents B. 5-GC 583 Name CITY as an Additional Insured owned-Owned, Hired, and Non In addition, the following coverages should be included: imit for Bodily Injury and Property DamageLngle per occurrence Combined Si -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERotherwise specified within this Contract, the or by subcontractor or by anyone directly or indirectly employed under this Contract. Unless ENGINEERwere by s property damage including loss of use which may arise from operations under this Contract whether such operationfor bodily injury, including sickness or disease, death, and for care and loss of services, as well as from claims for from claims for damages ENGINEERwill maintain insurance protecting ENGINEER Commercial Automobile Liability: 5. Name CITY as an Additional Insured e. Blanket Contractual Liability d. Products and Completed Operations Liability c. Personal and Advertising Injury b. Injury and Property Damage Premises and Operations Bodily a. In addition, the following coverages should be included: Products/Completed Operations –annual aggregate –$2,000,000 c. annual aggregate –$2,000,000 b. per occurrence -$1,000,000.00 a. ’s insurance minimum amounts will be as follows:ENGINEERthis Contract, Unless otherwise specified within liability insurance shall be primary to any liability insurance maintained by the City. ENGINEER’s ctly employed under this Contract. or by a subcontractor or by anyone directly or indire ENGINEERdamage including loss of use which may arise from operations under this Contract whether such operations be by ease, death, and for care and loss of services as well as from claims for property bodily injury, including sickness or disfrom claims for damages for ENGINEERwill maintain insurance protecting ENGINEER Commercial General Liability: 4. .ENGINEERbe filed with the 0.00 bodily injury by accident. Evidence of subcontractor’s insurance shall 00,005injury by disease aggregate; and $00,000.00 bodily injury by disease per employee; $500,000.00 bodily 5 B, Employer’s Liability, at limits not less than $rance in accordance with the statutory requirements of CITY of Minnesota, and including Coverage Compensation insu will require the subcontractor to provide Workers’ ENGINEERemployees and, in case any work is subcontracted, ENGINEER will provide Workers’ Compensation insurance for all ENGINEER Insurance: Workers' Compensation 3. from its subconsultants.ENGINEER shall determine the appropriate level of insurance coverage and limits The ENGINEER shall be responsible for obtaining separate certificates and endorsements for each subconsultant. 2. and its employees. ENGINEER for performed services bynecessary as is reasonable and shall procure and maintain for the term of the Contract, insurance coverage ENGINEER 1. must maintain and furnish satisfactory evidence of the following insurance policies: ENGINEER B. .day notice of cancellation-30rer provide the CITY a policy must contain a requirement that the insuEach Agent within 30 days of execution of this Contract and prior to commencement of any work under this Contract. each type of insurance required under this Contract must be filed with the CITY’s Authorized A certificate of insurance for A. INSURANCE ARTICLE 15 This Article is hereby deleted. BONDS ARTICLE 14 6-GC 584 state of Minnesota.this Contract resulting from alleged antitrust violations, which arise under the antitrust laws of the United States and assigns to CITY any and all claims for overcharges as to services and deliverables provided in connection with ENGINEER A. ANTITRUST ARTICLE 17 For purposes of this Contract the term “day” means a calendar day of 24 hours. E. party of its inability to perform.n as possible to the other or defaults caused by public carriers, provided the defaulting party gives written notice as soo taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, or delaysreasonable action could have been following, unless the act or occurrence could have been reasonably foreseen and Neither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the D. ’s services shall be adjusted equitably.ENGINEERance of the scope, extent, or character of the Project; the time of performamounts of compensation provided for herein shall be subject to equitable adjustment. If CITY has requested changes in , the rates and ENGINEERtime or dates are changed through no fault of completed are provided, and if such periods of be If in this Contract specific periods of time for rendering services are set forth or specific dates by which services are to C. reasonably be require for the completion of said services.or a period which may ’s obligation to render services hereunder will be f ENGINEERservices are specified in this Contract, continuous progress of the Project though completion. Unless specific periods of time or specific dates for providing o in anticipation of the orderly and ’s services and compensation under this Contract have been agreed t ENGINEER B. must be of such quality that they are suitable for their intended purpose. ENGINEERby . The services or deliverables provided to CITY ENGINEERm errors and omissions on the part of compensation resulting frowork under this Contract and must make timely revisions or corrections without its responsible for the accuracy of will be ENGINEERCITY will have the authority to disapprove or reject services or deliverables that are defective. A. DELIVERABLE STANDARDS ARTICLE 16 Authorized Agent, all insurance policies shall be open to inspection, and copies of policies may be requested.Upon written request by the CITY's . ENGINEERrequirements and retains all rights to pursue any legal remedies against is not in compliance with the insurance ENGINEERCITY reserves the right to immediately rescind this Contract if D. VIII or better.-Obtain insurance policies from an insurance company having an "AM BEST" rating of A 2. above; androfessional Liability Insurance Include legal defense fees in addition to its liability policy limits, with the exception of P 1. must: ENGINEER C. Mn/DOT Specification 1708.2 (1995 Edition) or any subsequent changes or modifications to this specification.iability Insurance in accordance with must obtain Railroad Protective L ENGINEERFor work on railroad property, 7. Contract.'s professional services required under this ENGINEERactual or alleged negligent act, error, or omission related to will become legally obligated to pay resulting from any ENGINEERThis policy will provide coverage for all claims annual aggregate –$2,000,000 per claim or event –$1,000,000 insurance minimum amounts will be as follows: ENGINEERUnless otherwise specified within this Contract, Professional Liability Insurance: 6. 7-GC 585 .ENGINEERattention to these corrections to minimize any delays to the notice of any errors and/or omissions within reasonable time and give immediate must respond to CITY's ENGINEER E. liability for loss or damage resulting therefrom.of the responsibility for subsequent correction of any such negligent acts, errors, or omissions, or of ENGINEERrelieve Acceptance of the work by CITY will not ligent acts. 's errors, omissions or negENGINEERloss or cost to repair or remedy will be responsible for any damages incurred as a result of its negligent acts, errors, or omissions and for any ENGINEER D. without additional cost to CITY.missions without undue delay and such additional work as may be necessary to correct these negligent acts, errors, or omust promptly perform ENGINEERwork, the corrections of which may require any additional field or office work, its of igent acts, errors, or omissions made in any phase is aware of any negl ENGINEERwithout additional cost to CITY. If the additional work as may be necessary to correct these negligent acts, errors, or omissions without undue delay and will be promptly notified by CITY and will be required to perform such ENGINEERrequire additional field or office work, in any phase of the work, the correction of which may ENGINEER If negligent acts, errors, or omissions are made by C. project.must give immediate attention to these changes so there will be minimal delay to the ENGINEER. ENGINEERreceived by ns without added compensation, even though final payment may already have been correct the errors and/or omissiomust prepare any and all plans or data needed to ENGINEER. ENGINEERcorrect any errors and/or omissions made by must confer with CITY when necessary for the purpose of interpreting the information secured and/or to EN, ENGINEERAt any time during construction or any phase of work performed by others based on data provided by B. clarification of any ambiguities.of the responsibility for subsequent correction of any errors or omissions or for ENGINEERTY will not relieve by CI's negligent acts, errors, or omissions without additional compensation. Acceptance of the work ENGINEERresulting from work and must promptly make necessary revisions or corrections its will be responsible for the accuracy of ENGINEER A. S OR OMISSIONSERROR ARTICLE 20 ENGINEER has been paid in full all amounts due for services, expenses and charges.ntract until CITY and without incurring liability whatsoever to CITY, suspend services and withhold project deliverables due under this Cog any claim or right against of ENGINEER’s invoice, ENGINEER may, after giving seven days written notice to CITY, and without waivin fter the date C. If City fails to make any payment due to ENGINEER for services satisfactorily performed and expenses within thirty days a cancellation.notice of after such ENGINEERin this Contract. CITY will not be obligated to pay for any services and deliverables provided by at the address specified ENGINEERoption, by written notice of cancellation delivered in person, by mail, or facsimile to TY's purchasing of the services and deliverables contained herein, this Contract may be canceled within 30 days, at CIIn the event CITY cannot or does not obtain funding, or funding cannot be continued at a level sufficient to allow for the B. rmed or delivered. services and deliverables perfowill be entitled to payment, determined on pro rata basis, for ENGINEER. In the event of such cancellation ENGINEERract may be canceled by CITY within 30 days, at any time, with or without cause, upon written notice to the This Cont A. CANCELLATION ARTICLE 19 brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract., any fee, commissions, percentage, ENGINEERcompany or person, other than a bona fide employee working for any has not paid or agreed to pay ENGINEER, to solicit or secure this Contract, and that ENGINEERworking solely for warrants that it has not employed or retained any company or person, other than a bona fide employee ENGINEER B. thout written consent from CITY.wihave been at any time during the time period of this Contract in the employ of CITY, except retired CITY employees, must not employ any professional or technical personnel who are or ENGINEERWithout prior written consent of CITY, A. FICIALS NOT TO BENEFITOF ARTICLE 18 8-GC 586 on the steps in accordance with 49 CFR Part 23 to compete for and perform contracts. Contractors shall not discriminate with Federal funds provided under this contract. In this regard, all contractors shall take all necessary and responsible in whole or in part the maximum opportunity to participate in the performance of contracts and subcontracts financed . The subconsultant agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have DBE Obligation G. ees to abide by these requirements.) agrcontract. (Consequently, the MBE requirements of 49 CFR Part 23 apply to this contract and the subconsultant hereby opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this have the maximum . It is the policy of the DOT that minority business enterprises as defined in 49 CFR Part 23 shallPolicy F. Cancellation, termination or suspension of the contract, in whole or in part. 2. onsultant under the contract until the subconsultant complies, and/or, Withholding of payments to the subc 1. limited to:of this contract, the CITY shall impose such contract sanctions as it may determine to be appropriate, including, but not discrimination provisions -the event of the subconsultant’s noncompliance with the non Sanctions for Noncompliance. In E. made to obtain the information. , sponsor, or the FAA, as appropriate, and shall set forth what efforts it has ENGINEERsubconsultant shall so certify to the of another who fails or refuses to furnish this information, the the subconsultant is in the exclusive possessionpertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of , sponsor, or the Federal Aviation Administration (FAA) to be ENGINEERe determined by the and its facilities as may bdirectives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, The subconsultant shall provide all information and reports required by the Regulations or n and Reports. Informatio D. grounds of race, color, national origin, sex, disabilities or veteran’s status.discrimination on the -of the contractor’s obligations under this contract and the Regulations relative to non ENGINEERontractor or supplier shall be notified by the procurement of materials or leases of equipment, each potential subccompetitive bidding or negotiation made by the subconsultant for work to be performed under a subcontract, including . In all solicitations either by rocurement of materials and equipmentSolicitations for Subcontracts, including p C. Regulations.Regulations, including employment practices when the contract covers a program set forth in Appendix B of the ate either directly or indirectly in the discrimination prohibited by Section 21.5 of the subconsultant shall not participretention of subconsultants, subcontractors, including procurement of materials and leases of equipment. The inate on the grounds of race, color, national origin, sex, disabilities, or veteran’s status in the selection and . The subconsultant, with regard to the work performed by it during this contract, shall not discrimination-Non B. herein incorporated by reference and made part of this contract.om time to time hereinafter referred to as the “Regulations”, which are Regulations, Part 2, as they may be amended fr assisted programs of the Department of Transportation, hereinafter referred to as “DOT”, Title 49, Code of Federal Federallydiscrimination in -. The subconsultant shall comply with Regulations relative to nonCompliance with Regulations A. If Federal Funds are involved with this Contract, the following additional conditions apply: FEDERAL CLAUSES ARTICLE 22 waive all rights to and claims for monetary awards other than compensatory damages.filed by either party. The legal or equitable proceedings must be venued in Olmsted County, Minnesota. The parties et., seq. Any claim, controversy or dispute not resolved by mediation may be the subject of legal or equitable proceedings Stat. 572.31, conducted in Olmsted County, Minnesota, and in accordance with the Minnesota Civil Mediation Act, Minn.a condition precedent to the institution of legal or equitable proceedings by either party. The mediation shall be binding mediation as -subject to non ny claim, controversy or dispute arising out of this Agreement shall beA Mediation. A. DISPUTE RESOLUTION ARTICLE 21 9-GC 587 contract. basis of race, color, national origin, sex, disability, or veteran’s status in the award and performance of this DOT assisted 10-GC 588 TOTAL AMOUNT DUE THIS INVOICE: NET EARNINGS TOTALS: (Attach support documentation) :3. SUBCONTRACTORS (Attach support documentation) 2. OTHER DIRECT COSTS: 1. DIRECT COSTS for Professional Services: INVOICE THIS BILLED BILLED PREVIOUSLY AMOUNT TO DATE BILLING TOTAL AMOUNT CONTRACT TOTAL 42, 20December 31 Contract Expiration Date: P3.1-)CC(reek Cascade CStorm Water Management Facility Preliminary and Final Design of Regional Project Description: Re: CITY Contract No. INVOICE NO._______ Invoice Date: Period Ending: 1905Rochester, MN 5 301 37th Street NW Water Reclamation Plant Estimated Completion: % Troy Erickson, P.E., ENV SP To: )7766(JCity Project Number NVOICE I 589 Principal Engineer Principal Engineer Derek P. Olinger, P.E. Brian Malm, P.E. Bolton & Menk, Inc.Sincerely, menk.comderek.olinger@bolton-regarding this proposal, please feel free to contact me at 507-525-2685 or The attached work scope and fee estimate describes our proposal in detail. If you have any questions, Avenue NW in Rochester. th Pond 308 near the NE Corner of Valley High Drive and 50engineering and survey services related to the construction of Regional Storm Water Treatment Facility - We appreciate the opportunity to submit the proposal to the City of Rochester for professional Mr. Thesing, Project No.: J6677 City of Rochester, MN Ave NW th NE Corner of Valley High Dr & 50RE: Construct Regional Storm Water Treatment Facility - Pond 308 Rochester Public Works Ryan Thesing & Troy Erichson September 28, 2023 H:\\ROCH\\_Proposals\\2023\\2023 Stormwater\\J6677 Regional Stormwater Facility\\J6677 Proposal_v3.docx Construct Regional Storm Water Treatment Facility - Pond 308 590 provided by the city. Topo limits are illustrated on the attached map. accessible from the surface will be included. Grading below the pond will be built from as-built drawings call system. Other features visible from the surface will also be included in the mapping. Features and utility information within the project corridor. Existing utilities will be located using the gopher one-Bolton & Menk, Inc. will complete a topographic survey to provide base mapping, a digital terrain model, Task 2.1: Survey Task 2: Data Collection/Review -(1) Meeting with City and Private Landowner -(2) Meetings w/ City Staff (Plan Reviews) Deliverables scope also includes time for one separate meeting with the affected private landowner. basis. We have included time for two meetings/discussions with the City during design and bidding. The expediting work products and project decision-making. Schedule updates will be provided on a regular miscellaneous project correspondence, scheduling, invoicing, and budget management necessary for regular updates on next steps and upcoming project requirements. We will also prepare and provide Bolton & Menk will schedule all meetings, complete all agendas, maintain meeting records, and offer Task 1.1: Project Administration and Coordination Task 1: Project Management SCOPE OF WORK Additional detail is provided in the attached location map. may be taken into consideration, no conveyance improvements are planned as part of this project. Although some future grading and conveyance improvements for the undeveloped land east and north Minor conveyance grading and/or pipe modifications within the city’s property ·Installation of a new outlet structure from the pond ·facility on the city’s parcel Earthwork as necessary to construct a new wet sedimentation and/or filtration basin stormwater ·The basic scope of the improvements will include the following: expansion and modification of the existing pond to serve future land use in the areas noted. parcel of land lying east and west of the existing pond. The proposed improvements will include the As we understand, the city is responsible for the design and construction of a stormwater facility for the Proposed Conditions undeveloped agricultural land. th constructed as part of the 50Avenue NW in Rochester. The parcel contains a ½ acre stormwater treatment pond which was th The project area includes a city-owned parcel of land at the NE corner of Valley High Drive and 50 Existing Conditions PROJECT UNDERSTANDING Page 2 J6677 Construct Regional Storm Water Treatment Facility - Pond 308 591 Wetland Delineation Report/Application ·Pond Sediment Report ·Geotechnical/Soils Report ·Existing Conditions/Topo Drawings ·Deliverables be billed. included in this proposal. If additional information or a meeting is not requested, the city will not will be provided on an hourly basis at our Wetland Specialist rate. Budget for this service is acceptance of the delineated boundaries or the agencies request additional information, this service Panel meeting during the review process. If our attendance is requested at a meeting to discuss the In some cases, the reviewing agencies request additional information and/or a Technical Evaluation found on site. will use the aquatic resource delineation to complete an incidental review of the aquatic resources accurately locate and map each point and prepare a written report of our findings. Bolton & Menk 3-foot pin flags at the limits of any wetlands found. Our delineator will use a sub-meter GPS unit to delineation will include performing transects and sampling in the vicinity of those wetlands, placing the site to delineate all aquatic resource boundaries within the designated study area. The investigate all available background information needed prior to visiting the site. We will then visit determine possible locations of wetlands to focus the field delineation. We propose to thoroughly any fieldwork (Level II Delineation). Data collected as part of the analysis of wetland signatures will As required by Corps guidelines, Bolton & Menk will review historical imagery prior to completing Task 2.3: Wetland Delineation and a sieve analysis. allowable use(s) in accordance with MPCA guidance. Testing will include cPAHs, PAH, arsenic, copper will also collect (3) sediment samples, submit for testing and prepare a summary letter describing Since the project may include the removal or reuse of sediment from the existing poind, our subconsultant of on-site soil for re-use as a “level 1” clay liner, given this property is located within RPU’s DWSMA. encountered on the site. Recompacted permeability information will provide an estimate on the suitability will include one proctor and permeability test on a remolded composite sample of representative soils complete (9) 5’-15’ flight auger borings. In addition to soil borings and related soil classification, testing Bolton & Menk will retain the services of a geotechnical consultant (American Engineering Testing) to Task 2.2: Geotechnical Engineering & Sediment Analysis owners during the design process. conditions drawings. Bolton & Menk will also hold (1) utility coordination meeting with affected utility to utility owners for review and comment. Comments received will in incorporated into the existing Following completion of the topographic survey, Bolton & Menk will send existing utility drawings out Utility coordination will be completed to include private utility information on the topographic survey. and review. No easements are anticipated. the city and publicly available right-of-way mapping. The boundary will not include a detailed title search The survey will include basic boundary and right-of-way determinations based on deed information from Page 3 J6677 Construct Regional Storm Water Treatment Facility - Pond 308 592 expectations from the city’s and future developers perspective. We have included time for minor revisions 60% plans will be prepared for review by the city and a meeting with the property owner to discuss future SWPPP and Final Turf Establishment Plans ·Stormdrain Plan and Profile ·Pond Grading Plan ·Removal Plans ·Outfall/Skimmer Structure Details ·Typical Sections/Construction Details ·Tabulations ·Existing Conditions/Utility Plans ·Statement of Estimated Quantities ·General Layout (if needed) ·Title Sheet ·includes preparation of applicable plan sections including: Bolton & Menk will prepare comprehensive construction plans for the proposed improvements. This task Task 3.2: Construction Plan city at this time. (filtration, wet sedimentation) and overall layout. A high-level layout of the site will be discussed with the allowances, soil type(s), and other limiting factors to determine opportunities for treatment type Prior to drafting final plans, Bolton & Menk will complete a high-level review of the site for grading or drainage permit(s) through Olmstead County; however, permit fees are not included. If required, Bolton & Menk will populate permit applications and provide submittal information for utility existing and proposed hydraulics and hydrology, with respect to stormwater permitting requirements. capacities and expectations for the new stormwater facility. This report will provide a summary of the A hydraulics evaluation and report will be completed to develop and communicate design parameters, will be developed and discussed with the city prior to proceeding with final design. for the new facility based on site grading, soil types, and other controlling factors. A planning level layout Prior to detailed modeling, Bolton & Menk will develop high level recommendations and considerations development. rate control for the 2, 10, and 100-year storm events, and other pertinent drainage standards for new above. The stormwater pond will be designed to provide water quality treatment of the 1” water volume, stormwater treatment facility which is designed to reasonably accommodate future development as noted Existing and proposed hydrology and current drainage parameters will be used to design a new based on future land use plan or other high level land use information provided by the city. Bolton & Menk will delineate and develop hydrology for existing and future development conditions Task 3.1: Drainage Analysis, Report & Other Matters Task 3: Design Page 4 J6677 Construct Regional Storm Water Treatment Facility - Pond 308 593 Totals requested from TEP or other agencies.estimated $700 which will only be billed if add'l information or meeting Data collection includes $3,900 for wetland delin. & reporting, including an $3,450.00Geotechnical Exploration & Engineering (AET)$6,500.00Pond Sediment Sampling, Testing & Review (AET)2023 Rates (Average)*Reimbursible Expense Breakdown (Included in Totals Above)**Notes:10666525320314467$69,956.00$9,950.00$79,906.00$178.00$191.00$148.00$137.00$186.00$143.00$108.00 4Final Design3918648129$19,238.00$19,238.003Preliminary Design241114733188$27,026.00$27,026.002Data Collection **4636291691$14,135.00$9,950.00$24,085.001Project Management39131659$9,557.00$9,557.00 Total CostExpense*Reimb. CostTotal Labor HoursTotal AssistantAdmin GISSenior EngrCrew Chief/ SpecialistNat. Res. Design Engr/ Engr/SrvyProject Registered LSEngineerPrincipal Work Task DescriptionNoTask Project: J6677 Construct Regional Storm Water Treatment Facility - Pond 308 consent. Fees for the tasks noted will be billed on an hourly basis, not to exceed the total cost shown without prior We propose to complete the scope of work described herein as follows: FEES Engineer’s Estimate & Bidding Schedule (MS Excel) ·Project Specifications (MS Word) ·CAD Files associated with final plans ·approval and signatures. Any final City comments will be addressed in this submittal. Final Plan Approval – submittal of final design plans, specifications, and engineer’s estimate for ·incorporate the City comments from the 60% plan review. 95% Plan Review – includes final design plans, specifications, and engineer’s estimate. We will ·60% Plan Review – includes preliminary grading plan and other pertinent drainage details. ·Drainage Report & HydroCAD Model ·Deliverables Bolton & Menk will prepare an engineer’s cost estimate for each submittal (60%, 95% and final). Task 4.3: Engineer’s Estimate Bolton & Menk will prepare special provisions to submit with the final construction plan. Task 4.2: Project Specifications revisions will be incorporated into the final plan for the City’s use in bidding. For our purposes, 95% plans will be treated as the final plan submittal. Any comments or requested authorized as additional services. additional conveyance improvements) are not included in this proposal, but could be completed if which stem from this discussion; however substantial revisions (i.e. major regrading, layout changes or Page 5 J6677 Construct Regional Storm Water Treatment Facility - Pond 308 594 project. This proposal does not include any assistance during the bidding or construction phases of the 8.include pdf, drainage modelling files, and Civil 3D .dwg files. Plans will be prepared in accordance with City Survey and CAD standards. Deliverables will 7.Existing drainage models and reports for the pond and upstream systems b.Any as-built plans and design information for the project areas that are available. a.The City will provide the following information: 6.provided as additional services. boundary survey, title work and research, easement sketches and legal descriptions can be No easements are included. If temporary or permanent easements are required, additional 5.as additional services. drainage infrastructure modifications, etc.) would result in additional work and can be completed modifications necessary (such as trail replacement, other city utility modifications, County modifications within the city-owned parcel of land alone. Any additional grading or This proposal assumes that the project can be completed through grading and storm sewer 4.modifications to reduce or eliminate impacts may be completed as additional services. associated reviews. Assistance in the form of applications for wetland credits or design The proposed work scope assumes that no wetlands are found during the wetland delineation and 3.required, such work can be provided as additional services. proposal. This includes any applicable requirements for sediment within the existing pond. If No specific testing or sampling for environmental contaminants in soil or water is included in this 2.Any applicable permit fees will be paid by the City and said fees are not included in this proposal. 1.The fee proposal above is based on the following assumptions: ASSUMPTIONS for bidding in late winter or spring 2024.staff or other permitting agencies. The project will be scheduled to allow for final plans and specifications will result in approximately 1.5 months of continuous work. This timing does not include reviews by city Survey and geotechnical site work can be started within 4 weeks of approval. Once started, design work SCHEDULE Page 6 J6677 14 595 and/or filtration pondRegional wet sedimentationand modifiedOutlet to be relocated Project Location Map Expansion AreaApprox Pond 50th Ave NWValley High Rd 8/4/2023 9:53 AM© Bolton & Menk, Inc - Web GIS responsible for any inaccuracies herein contained. reference purposes only. The City of Rochester is not sources affecting the area shown, and is to be used for located in various city, county, and state offices, and other drawing is a compilation of records, information, and data survey and is not intended to be used as one. This This drawing is neither a legally recorded map nor a Disclaimer:Feet0100 Pond 308 2.8 14 596Legend Survey LimitsBoring Location & Depth5'& Soil Boring LocationsProposed Survey Limits50th Ave NWValley High Rd 5'5'8/4/2023 9:49 AM© Bolton & Menk, Inc - Web GIS responsible for any inaccuracies herein contained. reference purposes only. The City of Rochester is not sources affecting the area shown, and is to be used for located in various city, county, and state offices, and other drawing is a compilation of records, information, and data survey and is not intended to be used as one. 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Geistler , MayorKim Norton And By: ___________________Date:______________ ___________ By: ______________________Date: CITY OF ROCHESTER ______________________________________________________________________________________ Title: ______________________________________________ By: __________________________Date: ________________ ENGINEER ___________________________________________________________________________ __________ the parties have executed this contract intending to be bound.IN WITNESS WHEREOF, 4202 ,June 30: Expiration Date , 2023October 16 Effective Date: incorporated.nd any exhibits or other conditions which are attached and Contract, including the Special and General Conditions a, who is not a city employee, will perform the work under this ENGINEERit is agreed that NOW, THEREFORE represents that it is licensed and agrees to perform all services described in this Contract. ENGINEER WHEREAS, herein; andCITY does not have available necessary and / or qualified personnel to conduct the services as described WHEREAS, 5515- WHKS & Co. Address: (“ENGINEER”); WHKS & Co.This Contract between the City of Rochester, MN (CITY) and _______________________________________________________________________________ N.A.Job No.: N.A. tate Aid Project No.:S 850.00,9$ Total Contract Amt: J6607 Project No.: Storm Water Utility Enterprise Fund: 2023 Fiscal Year: ccounting Information:A Ave Storm Sewer Relief Line to Serve 6th St NW from 9th -Contract Amendment 2 : IdentificationProject PROFESSIONAL TECHNICAL (NONCITY EMPLOYEE) SERVICES SPECIAL CONDITIONS 601 .ENGINEERpayment by the and deliverables are acceptable and satisfactory, the CITY’S Authorized Agent will certify each invoice submitted for ’S services and deliverables. If such services ENGINEER CITY’S Authorized Agent will have authority to accept or reject Project Manager__ Responsibility: ____________terickson@rochestermn.gov___ Email: ______________________1924-507) 328__( Phone: __ 307 37th St NW, Rochester, MN 55901__ Address: ____________Water Resources Manager__ Title: Troy Erickson, P.E., ENV SP__ Name: CITY’S Authorized Agent, or Project Manager will be: CITY’S AUTHORIZED AGENT / PROJECT MANAGER ARTICLE 5 must immediately notify CITY. ENGINEER’S Authorized Agent changes at any time during this Contract, ENGINEERIf Project Principal___ Responsibility: ___bangerman@whks.com Email: ___________________________________3923-(507) 288___ Phone: 5515-2905 South Broadway, Rochester, MN 55904___ Address: Executive Vice President, COO___ Title: William K. Angerman, P.E.___ Name: ’S Authorized Agent, or Key Personnel: ENGINEER ’S PERSONNEL ENGINEER ARTICLE 4 9,850.00$ CONTRACT AMOUNT:TOTAL 9,850.00$ structure as outlined in Attachment Battached estimate of costs and fee Lump sum amount based on the Meetings, and Final Design Services Cost ENGINEER items: following not to exceed for the schedule basis, fee an hourly,, as defined by this contract, will be paid by CITY on ENGINEERConsideration for all services performed by CONSIDERATION OF PAYMENT ARTICLE 3 See Attached C. General Conditions: Attachment B B. Project Deliverables: Attachment A Work: A. Detailed Scope of SCOPE OF WORK ARTICLE 2 4, 202June 30 Expiration Date: 4, 202April 30 Work Completion Date: , 2023October 16 Effective Date: TERM OF CONTRACT ARTICLE 1 602 .DOT Travel Regulations"current "Mn/reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the will be ENGINEERperformance of this Contract must not exceed the amount defined in the Special Conditions. as a result of NGINEEREReimbursement for travel and subsistence expenses actually and necessarily incurred by D. 's own risk.ENGINEERthis Contract that has not been properly approved and executed by the parties will be performed at Any work performed under an amendment to after this time may be refused and no claim will be valid unless so Any claim made of conditions. Latent conditions are conditions not anticipated by the Special Conditions of this Contract. writing 20 Calendar days after such instruction or observance must make claim for any extra cost incurred in ENGINEERclaims any instructions, latent conditions, or conditions exist that cause extra cost under this Contract, ENGINEERIf C. the extra work.may not be entitled to compensation for ENGINEERed voluntary and written amendment signed by CITY, may be deemamendment to the Contract. Any work performed beyond that, which is provided for in this Contract without a prior or work performed in excess of the Total Contract Amount without a written, and fully executed, compensated fmay not be ENGINEER must notify CITY’s Authorized Agent in writing in a timely manner. ENGINEERContract, will exceed the Total Contract Amount stated in the Special Conditions of this ENGINEERIf it appears at any time that B. ion of Payment”.Conditions, ARTICLE 3, “Considerat pursuant to this Contract will be paid by CITY. Compensation will be in accordance with the Special ENGINEERsupplied by sions of the Special and General Conditions, all services performed and deliverables satisfactorily Subject to the provi A. TERMS OF PAYMENT ARTICLE 4 will control. Minnesota Law supersedes any of the Special Conditions or General Conditions set forth in this Contract.consistencies between the Special Conditions and these General Conditions, the Special Conditions To the extent of any in B. canceled or modified, in writing, by the Special Conditions of this Contract.Any and all provisions of these General Conditions will remain in force unless they are specifically and deliberately A. TERMS OF GENERAL CONDITIONS ARTICLE 3 nesota.MinContract, or breach, will be in the applicable state or federal court with competent jurisdiction in Olmsted County, language of that law into this Contract as if fully set forth herein. Venue for all legal proceedings arising out of this rporates the This Contract will be interpreted pursuant to Minnesota Law. Any citation to federal or state law inco A. GOVERNING LAW, JURISDICTION, AND VENUE ARTICLE 2 schedule and final cost associated with such delays, in writing, within the terms of the Contract.to adjust the believe the project will not be completed as scheduled. CITY’s Authorized Agent will have the authority has reason to ENGINEER’s responsibility to reasonably notify CITY’s Authorized Agent, in writing, if ENGINEERIt will be C. etermined by the CITY’s Agent.length of such time extension will be d TheAuthorized Agent may extend the Work Completion Date, as set forth in the Special Conditions of this Contract. , the CITY's ENGINEER’s control, and upon written request from ENGINEERys encountered that are beyond For dela B. or until all obligations set forth in this Contract have been fulfilled, whichever event occurs first.which ever event occurs later. This Contract will remain in effect until the Expiration Date set in the Special Conditions, officials, ENGINEERappropriate CITY officials, pursuant to City of Rochester Home Rule Charter, and the appropriate This Contract will be effective upon the date set in the Special Conditions, or upon execution and approval by the A. TERM OF CONTRACT ARTICLE 1 ONDITIONS CG 2-GC 603’s deliverables in a manner beyond the scope of this contract, it ENGINEERterms of this Contract. If the CITY uses the storation of any damaged work or as waiving the right of CITY to require the fulfillment of all of the been made or the refrom sole responsibility for services and deliverables upon which payments have ENGINEERnot be construed as relieving ll deliverables covered by progress payments made by CITY will become the sole property of CITY. This provision must A C. regulations.will not receive payment for work performed in violation of federal, state, or local laws, ordinances, rules, or ENGINEER B. .required by applicable law to perform ENGINEER’s services All current state standards, policies, and practices 2. tions.All current applicable federal, state, and local laws, ordinances, rules, and regula 1. endeavors to comply with the following: ENGINEERThe with ENGINEER’s services ER makes no warranties, expressed or implied, under this Contract or otherwise, in connection circumstances.that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar under this Contract will be performed in a manner consistent with ENGINEERl services and deliverables provided by Al A. CONDITIONS OF PAYMENT ARTICLE 6 forthmust require subcontractors' invoices to follow the same form and contain the same information as set ENGINEER D. subcontractor must be awarded if the subcontractor prevails in a lawsuit.payments, and defining costs the of subcontractors, penalties for late ENGINEERrequiring timely payment by must comply with Minnesota Statutes Section 16A.1245, ENGINEERdocumentation in any subconsultant's Contract, and must include all the above supporting ENGINEERany subcontractors, is authorized by CITY to use or uses ENGINEERIf C. rate, regular and overtime hours, and the dollar amount charged to the project for each pay period.ted printouts of labor costs for the project must contain the project number, each employee's name, hourly Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. Computer b. hours worked, and total payment for each invoice period; andbreakdown identifying the name of the employee, classification, actual rate of pay, must include a payroll cost ThisDirect salary costs of employees' time directly chargeable for the services performed under this Contract. a. must provide, upon request of the CITY's Authorized Agent, the following supporting documentation: NGINEERE 4. cost. . Supporting documentation must be provided in a manner that corresponds to each directENGINEERof the salary costs are any costs that are not the salaried costs directly related to the work -allocable to the work. Direct nonch costs are properly Contract, must be itemized and supported with invoices or billing documents to show that susalary costs allocable to the work under this Contract, and defined in the Special Conditions of this -Direct non 3. For other contracts only: t for review and payment.The original of each invoice and progress report must be sent to the CITY's Authorized Agen 2. costs are new and that no previous charge for those services and deliverables has been included in any prior invoice.ature attesting that the invoiced services and 's original signENGINEERaddress if different from business address, and Each invoice must contain the following information: CITY contract invoice number (sequentially numbered), billing 1. For lump sum and other contracts: fy the requirements listed below:performed and delivered for the billing period and must satisCITY. A sample invoice format is attached to this General Conditions. Invoices must identify the cost for the services monthly to the CITY's Authorized Agent in the form prescribed by ENGINEERInvoices for payment must be submitted by B. were not properly performed in accordance with the contract.’s presentation of invoices if they believe the progress reports were not properly prepared or the services ENGINEERof days in writing within 30 ENGINEERCITY shall notify prepared, for services performed in accordance with this contract. ’s presentation of invoices and progress reports, properly ENGINEERPayments will be made by CITY within 30 days of A. PROCEDURE FOR PAYMENT ARTICLE 5 3-GC 604 accordance with this Contract. inprovided by CITY in accordance with this Contract and as it applies to all data created, gathered, generated, or acquired must comply with the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data ENGINEER A. TUAL PROPERTY DATA PRACTICES AND INTELLEC ARTICLE 11 compliance with all applicable federal and state laws.shall procure all licenses, permits, or other rights necessary to fulfill its obligations under this Contract in ENGINEER A. ANCE WITH LICENSES, PERMITS, AND OTHER REGULATIONS ARTICLE 10 which together shall constitute the same contract.This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of D. understands it and agrees to be bound by its terms and conditions.s Contract, has read thi ENGINEERby the signature below of its authorized representative, hereby acknowledges that the , ENGINEERunderstandings, agreements or representations, oral or written, not specified herein regarding this Contract. There are no purpose given. change, if made, shall be effective only in the specific instance and for the specific of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or r, consent, modification or change of terms No waive This contract constitutes the entire agreement between the parties. C. Conditions. Changes in the Total Contract Amount or the Contract Expiration Date are not permitted in a change order.hin the general Scope of Services identified in the Special be consistent with the basic purpose of this Contract and wit. Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must ENGINEERof ntract may be changed at the request of CITY, with the mutual concurrence The work to be done in connection with this Co B. will be delayed in any way from completing the project under this Contract. ENGINEER CITY’s Project Manager in writing if must notify ENGINEERnd approved the original Contract, or their successors in office. parties and officials who executed aevidenced by an amendment to this Contract. Amendments must be in writing and executed and approved by the same for extra work or costs under this Contract that has been approved by the CITY's Authorized Agent must be ENGINEER Work, entitled “Detailed Scope of Work,” and that are considered essential to the work. Any written claim made by act will be considered only for unforeseen work or services that were excluded in the Scope of Amendments to this Contr A. AMENDMENTS, CHANGE ORDERS, MERGER, COUNTERPARTS, AND WAIVER ARTICLE 9 subcontractor contract and prior to work starting under the subcontractor contract.execution of the ontractor contracts must be sent to the CITY’s Authorized Agent after A copy of any and all subc B. from performing and delivering the work stated in this Contract. ENGINEERuse of subcontractors does not relieve the The. conditions of this Contractmust require all subcontractor contracts to contain all appropriate terms and ENGINEER A. SUBCONTRACTS ARTICLE 8 responsibility for performance of the services and deliverables specified in this Contract.from the primary ENGINEERauthorization from the CITY's Authorized Agent. The written authority will in no way relieve hout prior written may neither assign nor transfer any rights or obligations under this Contract wit ENGINEER A. ASSIGNMENT ARTICLE 7 and/or deliverables described in this Contract for a sum not to exceed that is set forth in the Special Conditions.s obligation to complete the services from it ENGINEERNothing in this Contract must be construed in any way to relieve D. Data for other purposes. ENGINEER extent of the CITY’s rights in such data, to use the exclusive license, to the -a non ENGINEERThe CITY grants ms resulting from this reuse.for clai ENGINEERshall indemnify 4-GC 605 .ENGINEERcontract with with Workers’ Compensation insurance coverage requirements must be presented to CITY before CITY may enter into a 82, acceptable evidence of compliance be the obligation or responsibility of CITY. Pursuant to Minnesota Statutes 176.1's employees, or other person while so engaged on any of the work or services to be rendered, will in no way ENGINEERy as a consequence of any act or omission on the part of while so engaged, and any and all claims made by any third partclaims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons and all under this Contract, will not be considered employees of CITY. Any ENGINEERany work or services required by , including its subcontractors, or other persons while engaged in the performance of ENGINEERAny and all employees of A. WORKERS' COMPENSATION ARTICLE 13 for any reason, the terms and conditions of this Article shall survive. terminatedUpon completion of all services, obligations, and duties provided for in this Contract, or if this Contract is - Survival C. and CITY, they shall be borne by each party in proportion to its own negligence. ENGINEERconcurrent negligence of joint or , including reasonable attorneys’ fees, In the event claims, losses, damages, or expenses are caused by the liability, costs, damages, to the extent the ENGINEER and CITY are responsible for such Minnesota Statutes Chapter 337, e full effect provided by Party, its officers and employees may hereafter sustain, incur or be required to pay to thwhich the Indemnified liable for in the performance of professional services required under this Contract acts they may be and anyone for whose negligent ER and CITYof ENGINE negligent acts any liability, damages, and costs arising from thefrom the other (“the Indemnified Party”), Section 466.04, and hereby agrees to defend, indemnify, and hold harmlesscap on municipal tort liability under Minnesota Statutes CITY’s subject to the and to the extent provided by law omissions, errors and actsnegligent and CITY (the “Indemnifying Party”) shall be liable for its own ENGINEER - Indemnification B. gree to allocate and limit such liabilities in accordance with this Article.a ENGINEERCITY and ’s fee for the Services, and in consideration of the promises contained in this Contract, ENGINEERof the project, and the Having considered the potential liabilities that may exist during the performance of the Services, the benefits - General A. LIABILITY ARTICLE 12 ENGINEER shall be done at CITY’s sole risk and without liability to ENGINEER.ion by adaptation by ENGINEER and any such reuse or modification of the Engineering Data without the written verification or adaptaton or icatirepresented to be suitable for use or reuse by CITY on extension of the Project or on any other project without written verif ring Data for the purposes set forth herein, subject to the following limitations: such Engineering Data are not intended orEngineefree, irrevocable license to use such -assignable, royalty-exclusive, non-Engineering Data, ENGINEER hereby grants to CITY a nonion of the ENGINEER), whether or not the Project is completed. To the extent the services performed by ENGINEER contain directe at the of ENGINEER.. ENGINEER shall retain an ownership and property interest therein (including the copyright and the right of reus ta”) previously belonging or licensed to Engineer and used to perform ENGINEER’s services shall remain the property (“Engineering Da how and software -D. Notwithstanding the above paragraphs, work papers, proprietary information, processes, methodologies, know for this Contract. ENGINEERPrior to final payment by CITY to 3. Upon written notification by CITY. 2. this Contract.Upon written notice of completion or cancellation of 1. sheets, field notes, computations, and other project data must be relinquished to CITY:otherwise directed by CITY, the originals of reports, drawings and plans; and legibly reproducible copies of work C. .ENGINEERthe waives all claims against the CITY resulting in any way from any reuse of ENGINEERData for other purposes. ENGINEERexclusive license, to the extent of the CITY's rights in such data, to use the -a non ENGINEERhe City shall grant the Tontract. Cfor claims resulting from any reuse of such materials beyond the scope of this ENGINEERCITY will indemnify The must remit all such materials to CITY upon completion or cancellation of this Contract. ENGINEERproperty of CITY. the exclusive and are are instruments of service in respect to ENGINEER’s services of its obligations under this Contractin the performance ENGINEERby created and paid for Any reports, studies, photographs, negatives, or other documents B. 5-GC 606 Name CITY as an Additional Insured owned-Owned, Hired, and Non In addition, the following coverages should be included: imit for Bodily Injury and Property DamageLngle per occurrence Combined Si -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERotherwise specified within this Contract, the or by subcontractor or by anyone directly or indirectly employed under this Contract. Unless ENGINEERwere by s property damage including loss of use which may arise from operations under this Contract whether such operationfor bodily injury, including sickness or disease, death, and for care and loss of services, as well as from claims for from claims for damages ENGINEERwill maintain insurance protecting ENGINEER Commercial Automobile Liability: 5. Personal and Advertising Injury e. Name CITY as an Additional Insured d. Blanket Contractual Liability c. Operations LiabilityProducts and Completed b. Bodily Injury and Property DamagePremises and Operations a. In addition, the following coverages should be included: Products/Completed Operations –annual aggregate –$2,000,000 c. annual aggregate -,000,000.00 2$ b. per occurrence -$1,000,000.00 a. ’s insurance minimum amounts will be as follows:ENGINEERthis Contract, Unless otherwise specified within liability insurance shall be primary to any liability insurance maintained by the City. ENGINEER’s ctly employed under this Contract. or by a subcontractor or by anyone directly or indire ENGINEERdamage including loss of use which may arise from operations under this Contract whether such operations be by ease, death, and for care and loss of services as well as from claims for property bodily injury, including sickness or disfrom claims for damages for ENGINEERwill maintain insurance protecting ENGINEER Commercial General Liability: 4. .ENGINEERbe filed with the 0.00 bodily injury by accident. Evidence of subcontractor’s insurance shall ,00005injury by disease aggregate; and $,000.00 bodily injury by disease per employee; $500,000.00 bodily 005 B, Employer’s Liability, at limits not less than $rance in accordance with the statutory requirements of CITY of Minnesota, and including Coverage Compensation insu will require the subcontractor to provide Workers’ ENGINEERemployees and, in case any work is subcontracted, ENGINEER will provide Workers’ Compensation insurance for all ENGINEER Insurance: Workers' Compensation 3. from its subconsultants.ENGINEER shall determine the appropriate level of insurance coverage and limits The ENGINEER shall be responsible for obtaining separate certificates and endorsements for each subconsultant. 2. and its employees. ENGINEER for performed services bynecessary as is reasonable and shall procure and maintain for the term of the Contract, insurance coverage ENGINEER 1. must maintain and furnish satisfactory evidence of the following insurance policies: ENGINEER B. .day notice of cancellation-30rer provide the CITY a policy must contain a requirement that the insuEach Agent within 30 days of execution of this Contract and prior to commencement of any work under this Contract. each type of insurance required under this Contract must be filed with the CITY’s Authorized A certificate of insurance for A. INSURANCE ARTICLE 15 This Article is hereby deleted. BONDS ARTICLE 14 6-GC 607 state of Minnesota.this Contract resulting from alleged antitrust violations, which arise under the antitrust laws of the United States and connection with assigns to CITY any and all claims for overcharges as to services and deliverables provided in ENGINEER A. ANTITRUST ARTICLE 17 For purposes of this Contract the term “day” means a calendar day of 24 hours. E. party of its inability to perform.on as possible to the other or defaults caused by public carriers, provided the defaulting party gives written notice as so taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, or delaysreasonable action could have been following, unless the act or occurrence could have been reasonably foreseen andNeither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the D. ’s services shall be adjusted equitably.ENGINEERmance of the scope, extent, or character of the Project; the time of perforamounts of compensation provided for herein shall be subject to equitable adjustment. If CITY has requested changes in , the rates and ENGINEERtime or dates are changed through no fault of completed are provided, and if such periods ofbe If in this Contract specific periods of time for rendering services are set forth or specific dates by which services are to C. reasonably be require for the completion of said services.for a period which may ’s obligation to render services hereunder will be ENGINEERservices are specified in this Contract, continuous progress of the Project though completion. Unless specific periods of time or specific dates for providing to in anticipation of the orderly and ’s services and compensation under this Contract have been agreed ENGINEER B. must be of such quality that they are suitable for their intended purpose. ENGINEERby . The services or deliverables provided to CITY ENGINEERom errors and omissions on the part of compensation resulting frwork under this Contract and must make timely revisions or corrections without its responsible for the accuracy of will be ENGINEERCITY will have the authority to disapprove or reject services or deliverables that are defective. A. DELIVERABLE STANDARDS ARTICLE 16 Authorized Agent, all insurance policies shall be open to inspection, and copies of policies may be requested.Upon written request by the CITY's . ENGINEERrequirements and retains all rights to pursue any legal remedies against is not in compliance with the insurance ENGINEERCITY reserves the right to immediately rescind this Contract if D. VIII or better.-Obtain insurance policies from an insurance company having an "AM BEST" rating of A 2. above; androfessional Liability Insurance Include legal defense fees in addition to its liability policy limits, with the exception of P 1. must: ENGINEER C. Mn/DOT Specification 1708.2 (1995 Edition) or any subsequent changes or modifications to this specification.iability Insurance in accordance with must obtain Railroad Protective L ENGINEERFor work on railroad property, 7. Contract.'s professional services required under this ENGINEERactual or alleged negligent act, error, or omission related to will become legally obligated to pay resulting from any ENGINEERThis policy will provide coverage for all claims annual aggregate -,000,000.00 2$ per claim -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERUnless otherwise specified within this Contract, Professional Liability Insurance: 6. 7-GC 608 .ENGINEERattention to these corrections to minimize any delays to the e and give immediate must respond to CITY's notice of any errors and/or omissions within reasonable tim ENGINEER E. liability for loss or damage resulting therefrom.of the responsibility for subsequent correction of any such negligent acts, errors, or omissions, or of ENGINEERe relievAcceptance of the work by CITY will not 's errors, omissions or negligent acts. ENGINEERloss or cost to repair or remedy will be responsible for any damages incurred as a result of its negligent acts, errors, or omissions and for any ENGINEER D. CITY.without additional cost to such additional work as may be necessary to correct these negligent acts, errors, or omissions without undue delay and must promptly perform ENGINEERork, the corrections of which may require any additional field or office work, wits of is aware of any negligent acts, errors, or omissions made in any phase ENGINEERwithout additional cost to CITY. If the additional work as may be necessary to correct these negligent acts, errors, or omissions without undue delay and erform such will be promptly notified by CITY and will be required to p ENGINEERrequire additional field or office work, in any phase of the work, the correction of which may ENGINEERIf negligent acts, errors, or omissions are made by C. project.e minimal delay to the must give immediate attention to these changes so there will b ENGINEER. ENGINEERreceived by correct the errors and/or omissions without added compensation, even though final payment may already have been must prepare any and all plans or data needed to ENGINEER. ENGINEERcorrect any errors and/or omissions made by reting the information secured and/or to must confer with CITY when necessary for the purpose of interp ENGINEER, ENGINEERAt any time during construction or any phase of work performed by others based on data provided by B. clarification of any ambiguities.rection of any errors or omissions or for of the responsibility for subsequent cor ENGINEERby CITY will not relieve 's negligent acts, errors, or omissions without additional compensation. Acceptance of the work ENGINEERresulting from ork and must promptly make necessary revisions or corrections wits will be responsible for the accuracy of ENGINEER A. ERRORS OR OMISSIONS ARTICLE 20 ENGINEER has been paid in full all amounts due for services, expenses and charges.soever to CITY, suspend services and withhold project deliverables due under this Contract until CITY and without incurring liability whatgainst of ENGINEER’s invoice, ENGINEER may, after giving seven days written notice to CITY, and without waiving any claim or right a r services satisfactorily performed and expenses within thirty days after the date C. If City fails to make any payment due to ENGINEER fo notice of cancellation.after such ENGINEERin this Contract. CITY will not be obligated to pay for any services and deliverables provided by at the address specified ENGINEERmail, or facsimile to option, by written notice of cancellation delivered in person, bypurchasing of the services and deliverables contained herein, this Contract may be canceled within 30 days, at CITY's g, or funding cannot be continued at a level sufficient to allow for the In the event CITY cannot or does not obtain fundin B. services and deliverables performed or delivered. will be entitled to payment, determined on pro rata basis, for ENGINEER. In the event of such cancellation ENGINEERout cause, upon written notice to the This Contract may be canceled by CITY within 30 days, at any time, with or with A. CANCELLATION ARTICLE 19 brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract., any fee, commissions, percentage, INEERENGcompany or person, other than a bona fide employee working for has not paid or agreed to pay any ENGINEER, to solicit or secure this Contract, and that ENGINEERworking solely for loyed or retained any company or person, other than a bona fide employee warrants that it has not emp ENGINEER B. without written consent from CITY.have been at any time during the time period of this Contract in the employ of CITY, except retired CITY employees, must not employ any professional or technical personnel who are or ENGINEERWithout prior written consent of CITY, A. OFFICIALS NOT TO BENEFIT ARTICLE 18 8-GC 609 steps in accordance with 49 CFR Part 23 to compete for and perform contracts. Contractors shall not discriminate on the this regard, all contractors shall take all necessary and responsible with Federal funds provided under this contract. Inthe maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have . The subconsultantDBE Obligation G. agrees to abide by these requirements.) rements of 49 CFR Part 23 apply to this contract and the subconsultant hereby contract. (Consequently, the MBE requiopportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this of the DOT that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum . It is the policyPolicy F. Cancellation, termination or suspension of the contract, in whole or in part. 2. Withholding of payments to the subconsultant under the contract until the subconsultant complies, and/or, 1. limited to:e appropriate, including, but not of this contract, the CITY shall impose such contract sanctions as it may determine to bdiscrimination provisions -Sanctions for Noncompliance. In the event of the subconsultant’s noncompliance with the non E. made to obtain the information. efforts it has , sponsor, or the FAA, as appropriate, and shall set forth whatENGINEERsubconsultant shall so certify to the the subconsultant is in the exclusive possession of another who fails or refuses to furnish this information, the here any information required of pertinent to ascertain compliance with such regulations, orders, and instructions. W, sponsor, or the Federal Aviation Administration (FAA) to be ENGINEERand its facilities as may be determined by the oks, records, accounts, other sources of information, directives issued pursuant thereto and shall permit access to its boThe subconsultant shall provide all information and reports required by the Regulations or Information and Reports. D. f race, color, national origin, sex, disabilities or veteran’s status.grounds odiscrimination on the -of the contractor’s obligations under this contract and the Regulations relative to non ENGINEERprocurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the t, including competitive bidding or negotiation made by the subconsultant for work to be performed under a subcontrac. In all solicitations either by Solicitations for Subcontracts, including procurement of materials and equipment C. Regulations.rth in Appendix B of the Regulations, including employment practices when the contract covers a program set fosubconsultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the ement of materials and leases of equipment. The retention of subconsultants, subcontractors, including procur discriminate on the grounds of race, color, national origin, sex, disabilities, or veteran’s status in the selection and , with regard to the work performed by it during this contract, shall not . The subconsultantdiscrimination-Non B. reference and made part of this contract.herein incorporated by Regulations, Part 2, as they may be amended from time to time hereinafter referred to as the “Regulations”, which are assisted programs of the Department of Transportation, hereinafter referred to as “DOT”, Title 49, Code of Federal Federallydiscrimin ation in -. The subconsultant shall comply with Regulations relative to nonCompliance with Regulations A. If Federal Funds are involved with this Contract, the following additional conditions apply: FEDERAL CLAUSES ARTICLE 22 n compensatory damages.waive all rights to and claims for monetary awards other thafiled by either party. The legal or equitable proceedings must be venued in Olmsted County, Minnesota. The parties not resolved by mediation may be the subject of legal or equitable proceedings et., seq. Any claim, controversy or dispute conducted in Olmsted County, Minnesota, and in accordance with the Minnesota Civil Mediation Act, Minn. Stat. 572.31, o the institution of legal or equitable proceedings by either party. The mediation shall be a condition precedent tbinding mediation as -ny claim, controversy or dispute arising out of this Agreement shall be subject to nonA Mediation. A. DISPUTE RESOLUTION ARTICLE 21 9-GC 610 contract.n’s status in the award and performance of this DOT assisted basis of race, color, national origin, sex, disability, or vetera 10-GC 611 TOTAL AMOUNT DUE THIS INVOICE: NET EARNINGS TOTALS: (Attach support documentation) :3. SUBCONTRACTORS (Attach support documentation) OTHER DIRECT COSTS: 2. 1. DIRECT COSTS for Professional Services: INVOICE THIS BILLED BILLED PREVIOUSLY AMOUNT TO DATE BILLING TOTAL AMOUNT CONTRACT TOTAL 2024 une 30,J Contract Expiration Date: from 9th Ave NW to Cascade CreekRelief Line to Serve 6th St NW Storm Sewer Project Description: Re: CITY Contract No. INVOICE NO._______ Invoice Date: Period Ending: Rochester, MN 55901 307 37th St NW Water Reclamation Plant % :Estimated Completion Erickson, P.E., ENV SPTroy To: )6607(JCity Project Number NVOICE I 612 City of Rochester standards. r the project consistent with Prepare additional sanitary sewer specifications fo 2.3 Specification. pared.plans. Additional traffic control plans will be preB engineering will be incorporated into the final for the watermain and street design developed by WSe current City of Rochester design standards. Planthe plans. The revised plans will be updated to ther on 8 ½ Avenue NW will be incorporated into revised final design. New replacement sanitary sewreliminary plans will be incorporated into the preliminary plans prepared by WHKS. The previous pandum and previously completed sheets prepared and summarized in the Summary Memorplan and profile Complete the final design based on the preliminary 2.2 Plan and Profile Sheets. assist in the completion of the final design. y to Perform additional topographical survey as necessar 2.1 Additional Topographical Survey. Design Final Task 2 onal meetings are anticipated.and project area residents as requested. Two additiff ect. Participate in project meetings with City Stascope of services and City expectations of the proj to discuss the project Conduct meetings with team members and City Staff 1.2 General Meetings. activities. status reports, and general administrative Consultant's standard forms, preparation of monthly costs and billings, prepare invoices using coordination of the project team, review of projectcluding supervision and . Perform general project administrative duties in 1.1 Project Management Task 1 – Project Management and General Meetings Detailed Scope of work plans. amendment also includes additional traffic control Street NW. The th n 8 ½ Avenue NW north of 5Amendment 2 adds the design of the sanitary sewer o the south side of Civic Center Drive bridge. Avenue NW and discharging into Cascade Creek on th sewer relief line crossing Civic Center Drive at 82016. The revised design will consider the storm previously prepared for this project dated May 19, an and profile sheets, and a summary memorandum The original design was based on the preliminary plre not completed due to land acquisition issues. Preliminary plans were developed but final plans we2023, for the design of this project. 2019, and an amendment was executed on January 26, ous agreement was executed on February 8, Street NW storm sewer relief line project. A previ th 6inal design engineering services to construct the The purpose of this task assignment is to perform f Overview Street NW Storm Sewer Relief Line Project th 6es for Amendment 2 for the Final Design Engineering ServicAttachment A 613 3. Additional geotechnical testing. 2. Shop drawing review. staking and observation. 1. Construction services including: administration, future Agreement: and may be completed by WHKS under a The following services are excluded from the scope will be WHKS standard format. each deliverable. The ACAD format for this project ll be in MS Word, PDF or ACAD as applicable for copy and an electronic copy. The electronic copy wiEach deliverable will include a hard Furnish copies of final plans and specifications. Deliverables. Attachment B. Work Plan Outline 614 EngineerProject Technician Design PrincipalProject DESCRIPTION OF PROFESSIONAL SERVICES OR TASKS ManagerTOTALSProject Final DesignServices Estimated Expenses - WHKSMileage & Printing PROJECT TITLE: AMENDMENT 2 6TH STREET NW STORM SEWER RELIEF LINE J6607 Land SurveyorStaff Assignment by HoursTechnician Survey Technician Survey 50$ 50$ 9,850$ TOTAL FEE + EXPENSESTotalESTIMATED EXPENSESExpenses50$ SUBTOTAL FEE1,680$ 2,080$ 1,560$ 2,760$ -$ 920$ 800$ 9,800$ HOURLY RATES240$ 160$ 130$ 115$ 185$ 115$ 100$ TOTAL HOURS7.013.012.024.00.08.08.056.01.05.012.024.00.08.08.042.02.3Spec Preparation2.04.06.02.2Plan Preparation1.03.08.024.036.02.1Topographical Survey8.08.016.0 Phase 2Final Design Hours Sub-Total 6.08.00.014.01.2General Meetings4.04.08.01.1Project Management2.04.06.0 Phase 1Project Management and General Meetings M 615.snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbu p?fo?noitallatsni?eht?taht?erusneot?dengised?si?hcihw?,margorP?noitcurtsnoC?renwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV? cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.sdradnatSdna?snoitacificepS?ytiC?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoisseforp?sedivorp?renwOeht?taht?tcartnoc?renwO-ytiC?eht?yb?der iuqer?si?tI?.renwO?yb?diap?dna?,588,5$?rof?,)reenignE?gnitlusnoCsa(?,.dtL?secivreS?gnireenignE?ESW?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.tcejorp?sihtrof?ezilitu?ot?tcartnoc? derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfni?cilbup?fo?ytilauq?eht?tahtgnirusne?elihw?tnempoleved?rof?enilemit?s'renwO?eht?etadommocca?lliw?tcartnoc?renwO-ytiC?a?fo?esu?ehT.)reenignE? ngiseD?sa(?,.dtL?secivreS?gnireenignE?ESW?dna?,)rotcartnoC?sa(?,.cnI?,gnitavacxE?kooCeD,)renwO?sa(?,pihsrentraP?detimiL?,II?stalF?hgihyellaV?htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".II?stalF?hgihye llaV?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1065J?.oN?tcejorP?rof?licnuoC?eht?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?tropeR .tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ottcejbus?",II?stalF?hgihyellaV?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1065J?.oN?tcejorP?ot?detalerkrow?rof?,588,5$?rof?,dtL?secivreS?gnireenignE?ESW?htiw?t cartnoc?secivres?lacinhcet?lanoisseforp?A?.2;dna?noitatnemucod?ecnarusni?dna?dnob?etairporppa?eht?fo?noissimbuss'rotcartnoC?dna?,slavorppa?nalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe?ytiC?hti w?",II?stalFhgihyellaV?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1065J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???72.F1065J?.oN?tcejorP?-?II?stalF?hgihyellaV?evreS?otstnardy H?&?niamretaW?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE F 616 1065J?.oN?tcejorP?-?II?stalF?hgihyellaV?evreS?ot?stnardyH?&?niamretaW?-?tcartnoC?renwO-ytiC1065J?.oN?tcejorP?-?II?stalF?hgihyellaV?-?tcartnoC?secivreS?lacinhceT?lanoisseforP1065J?.oN?tcejorP?-? II?stalF?hgihyellaV?-?tibihxE:stnemhcattA rekaB?kraM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?secivres?lacinhcet?lanoisseforp?eht?ot?gnidrocca?seci vres?riehtrof?reenignE?gnitlusnoC?eht?gnitasnepmoc?ni?esu?rof?ytiC?eht?ot?tnemyap-erp?edivorp?lliw?renwO?eht?dna,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?eht?diap?sah?renwO?eht?,stcartnoc? eht?yb?deriuqer?sA:tcapmI?ecruoseR?&?lacsi ArcMap reference drawing showing location of J5601 – Valleyhigh Flats II 617 Plans cover sheet for J5601 – Public Watermain & Hydrants to Serve Valleyhigh Flats II 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 1 634 purpose of evaluating the design of the Project elements.designees for the Owner is obligated to make the results of said Report available to the City and its ) for the Project. ”Report“) to prepare a Geotechnical Report (hereinafter ”ProfessionalGeotechnical “(hereinafter a Minnesota corporation ,Inc. TestingValley Chosen the professional services of edOwner has by separate document retain b) including Project close out.Project. The Project Manager is responsible for all coordination of the work elements Project Manager for the will serve as Ryan Schwickert, s representative’Owner a) .OBLIGATIONS SPECIFICS ’OWNER I. as follows: NOW, THEREFORE, it is hereby mutually agreed between City and .sSpecifications Standard ’Cityand adherence to the ) ”Project Plans“ns for the Project (hereinafter with the approved Civil Construction Plaincluding full compliance , herein, and subject to the terms and conditions noted herein)(unless otherwise specifically own cost and expense itsContractor, at Project, utilizing for the work the public improvements permission to perform OwnerCity is willing to grant 3) .”“hereinafter referred to as the , and ’A‘depicted for reference as attached Exhibit ssheet planthe ,”601J5 – IIValleyhigh to Watermain & Hydrants blicuP“referred to as generally Engineer, specifications thereof prepared by plans and approved the Property, consistent with the easements lying within or abutting way or public -of-infrastructure or perform other private work within the public rightcertain own expense, construct itsat ,permission to, and is requesting Propertyhe develop tDP to S180-3development application CD202approval for is seeking Owner 2) .”Property“hereinafter referred to as the ,Olmsted County, Minnesota ,Flats SecondValleyhigh , Block 1, 1Lot described as in the City of Rochesterreal property ownsOwner 1) WITNESSETH, THAT WHEREAS .of this agreement he general terms and conditions the referred to as be shall hereinafter collectively Engineer, Contractor and Owner), and together ”Engineer“(hereinafter referred to as , a Minnesota corporationWSE Engineering Services Ltdand ), ”tor“referred to as hereinafter ( a Minnesota corporation , Inc.,DeCook Excavatingand ) ”Owner“as hereinafter referred to ( , a Minnesota limited partnershipFlats II, Limited PartnershipValleyhigh ”City“a Minnesota municipal corporation, (hereinafter referred to as of Rochester,ity C32THIS AGREEMENT, made this _______ day of _______________, 20 OWNER CONTRACT-CITY 2 635 opportunity to perform other projects within the City. the Ownermay be used as a basis for denying in this Contract,obligations set forth , as it pertains to the Owner’s ailure to do everything required by this agreementF h) private utility servicesrequired from Public Works prior to commencement of installation of the tility connection permit(s) and inspection(s) are Contract and that separate uconnections being constructed as part of this development are NOT part of this Owner acknowledges that all private sanitary sewer & water service g) Contract.that will be invoiced as part of this charges development llected Public Works cohave been previously paid. There are no other WSTID and approval. Development charges for Sewer Availability and Water Availability Management Plan Area Charge (SWMPAC) will be invoiced upon Civil Plan The applicable Storm Water Charges.Public Works Collected Development f) concerns. to resolve any Engineer or his/her designee Citythe directly with communicate shall Owner, duties s’Observation & Oversight Engineerconcerns regarding has any Ownerted to the Project. In the event performing its duties relaEngineer Observation & Oversight or interfere with shall not provide work direction Owner e) and paid by City. have been claimed, verified, Observation & Oversight Engineerexpenses incurred by s confirmation that all applicable ’upon City the net differenceinitial payment, who made s representative’Owner, City will reimburse Ownercollected from andEngineer and approved by City, are less than the amount specified above Oversight Observation and and oversight expenses for the Project, as documented by observation In the event the .30September for the Project being completed bysubject to the work elements , and oversight for the Projectobservation construction ial obligation related to shall have no other financ Owner. Oversight EngineerObservation & and oversight services for the Project that are to be performed by observation financial obligation related to s ’Ownerrepresenting 00$amount of the to City shall pay representatives ’Owners execution of this Contract, ’OwnerConcurrent with ject. and oversight for the Proobservation perform construction retained by City, through a separate arrangement, to beenhas )”Oversight EngineerObservation & “(hereinafter referred to as WSE Engineering Services Ltd d) as a result of the delay in completion of the Project work elements. ,WSE Engineering Services Ltdby and oversight observation additional related to by the City incurred City for additional costs reimburse may be obligated to OwnerContractor may be required by City to execute an Addendum to the Contract, and and Owner, 30September Project work elements are not completed byIn the event the rking conditions (due to weather, soils, etc).and any changed wo Ordinances, development conditions, or State or Federal requirements or provisions,and City related to the Project or Project Property, or requirements of the City Owner, or any other agreement between the recorded against the Property AgreementDevelopment original required to fulfill the conditions or intent of the reasonably be costs, including any scope of work changes that may construction all Project for pay shall Ownerpecifications. Additionally Design SStandard in adherence with City and Project Plansconsistent with the approved in a manner and 30September by completion of all Project work elements s’shall oversee the Contractor Owner c) 3 636 City may take action , schedule iswork elements have not been completed within ths ’. In the event Contractordaysworking 5within , the ProjectConstruction Plans for Civil all public improvements within the approved elements, Contractor shall complete Upon commencing specific work . 30September by City, on or before except for warranty items that are subject to this contract, to the satisfaction of the The Contractor shall complete all of its Project work elements, Completion Date. c) y require.safety maagainst injuries, and keep danger signals at all places and at such times as the public Contractor agrees to take all precautions necessary to protect the public b) commencement of installation of the private utility services.s prior to permit(s) and inspection(s) are required from Public Workproject are NOT part of this Contract and that separate utility connection water service connections being constructed as part of this development ctor acknowledges that all private sanitary sewer & any subcontractor. addendum(s). City shall not unreasonably withhold, condition or delay approval of approved owner contract -be amended based on any subsequently Cityelements, based on the approved Project Plans and specifications, and as they may do everything required by the contract documents. Contractor shall perform the work engineering standards and specifications incorporated into the Project Plans, and to approved by the City Engineer, and in compliance with current year City of Rochester Project Plansconstruction of the Project described herein, in accordance with and equipment, and to do and perform all the work and labor necessary in the tor hereby covenants and agrees to furnish all materials, all necessary tools a) .OBLIGATIONS SPECIFIC CONTRACTOR III. and drawings. adjacent to the Property that have been identified in the technical data in such reports reports and drawings related to hazardous environmental conditions, if any, at or d drawings, and (2) have been identified in the technical data in such reports anconditions related to existing surface or subsurface structures at the Property that subsurface conditions at or adjacent to the Property and all drawings of physical f explorations and tests of it has carefully studied all: (1) reports oContractor d) Project.the elements included in may affect cost, progress, and performance of its work egulations that raws and lit is familiar with and is satisfied as to all Contractor c) Project.included in the elements progress, and performance of its work ffect cost, asatisfied as to the general, local, and Property conditions that may ,examination of the Property and the adjacent areas, has become familiar withalert visual and hhas visited the Property, conducted a thorougstates it Contractor b) related to the Project.data and reference items ll otherd aconstruction plans, City design specifications, an, civil has examined and carefully studied the Contractstates it Contractor a) .REPRESENTATIONS S’CONTRACTOR II. .and connectionsa permanent easement for the construction and maintenance of a public water main enter into a separate easement agreement pursuant to which Owner will provide City and City, Owner and City will oncurrent with execution of this Contract by OwnerC i) 4 637 .be removed at the discretion of the City Engineer or his designeesanitary sewer lines to existing City sewer lines. This/These plugs shall only by the City Engineer prior to connection of new location(s) designated Contractor will install a sewer plug(s) at a Where applicable, . Sewer Lines (4) elements. contractors and subcontractors licensed to perform those specific work All work elements shall be performed by formed under this Contract.perharmless from any and all claims Contractor may have for payment for work By execution of this Contract, Contractor agrees and shall hold the City and may not later claim the City has violated Minn. Stat. 574.26. Contract er the terms of this actor undperformed by Contrelements workProject all s payment to Contractor for ’Ownerit determines is adequate to guarantee in an amount and in a form OwnerContractor shall obtain surety from the Owner Contract, -As a condition of performing work under this City (3) period. s maintenance ’and with an effective date covering the ContractorContractor shall also provide a maintenance bond in the same amount, maintenance period, year-ones ’he expiration of Contractoreffect until tIf the bonds do not state on their face that they remain in full force and (2) respectively. and specification and payment of all claims for the labor and materials, l guarantee the performance of the contract in accordance with the plans shalshall be conditioned as required by Minnesota Statutes, Section 574.26, and furnishing labor and materials for the purpose of this contract. Said bonds bond for the use of City, and the payment bond for the benefit of all persons with the performance .00,00030$ at least bond shall be in the total sum ofcompany authorized to do business in the State of Minnesota. Each furnish to City, performance and payment bonds executed by itself and a Prior to commencement of any work under this contract, Contractor shall (1) by the Contractor. erformedwork to be ppublic improvements the estimated cost of the srepresent accuratelya form acceptable to the City that in an amount and in shall provide Contractor . from Contractor Project Surety d) protect its interests.The City may take such other legal action that it determines necessary to (4) equired elements;performance bond for completion of the rCity may contact the bonding agents and take action against the (3) ;City may withhold future contracts with the Contractor (2) elements are completed;issuance of building permits until such time as the outstanding withhold the City may record an affidavit of noncompliance indicating that the City will (1) :appropriate, including but not limited to the followingto resolve the outstanding items through whatever legal course it may deem 5 638 infrastructure within the City. other engineering services for public Engineer the opportunity to perform may be used as a basis for denying ContractFailure to do everything required by this d) City Engineer. acceptable to theto the City in a format shall be provided . Said record drawings critical grading elementsand infrastructureProject related rawings for all decord rEngineer shall provide c) $1,000,000.00. less than notbe coverage shall aggregate mThe related to the Project. plan and specification preparation, and record drawingsdEngineer shall maintain Errors & Omissions Insurance for all of its b) in the same discipline would in the same or similar circumstances. professionalsskill prescribed in the code of practice of his or her profession, or as other , diligence, and careexercise the level of ethical and legal duty of a professional to its maintain Engineer shall . In performance of its duties, Standard of Care a) OBLIGATIONS. SPECIFIC S’EERDESIGN ENGIN IV. . projects within the Cityfor denying Contractor the opportunity to construct other public improvement Failure to do everything required by this agreement may be used as a basis (6) maintain insurance during such maintenance period., and in any event shall expiration date indicated on the original certificatethe maintenance period, Contractor shall provide a new certificate prior to the any insurance certificate indicates the policy shall expire prior to the end of s intention to cancel or terminate. If ’nywritten notice of the insurance compa ’any insurance above described, City of Rochester is to receive thirty daysshall be endorsed indicating that in the event of cancellation or termination of ctions and Approvals requirements. All policies of insurance Contract Inspesubcontractors are aware of and abide by the provisions of the City Owner this effect are filed with the City Clerk. Contractor shall also ensure that its s compensation insurance, as set forth above, and that certificates to ’workerile and determine and require that such subcontractors maintain automobthrough subcontractors, it shall be the responsibility of Contractor to portion of the work contemplated by this contract shall be done by Contractor compensation. In the event that all or a ’insurance is in effect for workersContractor shall also file with the City Clerk a certificate indicating City.liability insurance shall be primary to any liability insurance maintained by the s ’ContractorClerk. or certificates of such automobile insurance with the City naming the City of Rochester as an additional insured, and to file a certificate $1,500,000/$3,000,000 and property damage limits of at least $500,000, ntract with bodily injury limits of at least performance of this coinsurance on their vehicles and to maintain insurance on all vehicles in the such insurance, with the City Clerk. Contractor further agree to maintain mits of at least $500,000, and file such policy of insurance, or a certificate of libodily injury limits of at least $1,500,000/$3,000,000 and property damage insurance policy naming the City of Rochester as an additional insured, with duration not less than its maintenance and warranty period, a general liability re and maintain for a Contractor, at its own expense, shall procu Insurance. (5) 6 639 .to be performed hereundertogether with all ordinances and regulations applicable to this contract and the work agents and employees to comply with all federal, state and local laws, itscause shall comply and Design Engineer Contractor, , Ownerauthorized by this contract, In connection with the administration and performance of the work COMPLIANCES. IX. lity of City.responsibiin any work or services under this agreement shall in no way be the obligation or employees while engaged s’any partyclaims and any act or omission on the part of social security coverage, retirement membership or credit, and any and all such , itss compensation coverage, unemployment insurance benef’limited to, workerconsidered employees of the City for any purpose whatsoever, including, but not the performance of any work or services required or provided for herein shall not be said parties in are independent contractors and all persons employed by Engineer , and Observation & Oversight Engineer, Contractor, Ownerthat parties It is expressly understood and agreed OR.INDEPENDENT CONTRACT VIII. schedule approved by the City. nable reasoneeding completion or correction within a reasonably a warranty claim is being made, shall perform such work identified as constructed in accordance with City specifications or has not been accepted, or that roject, or a portion thereof, has not been Pthat the or its agent, from the CityContractor, within 14 days after receiving notice and/or Owner .ACCEPTANCE-NON VII. Agreement shall automatically terminate. , which will be delivered to the Parties(s)City Acceptance execution ofs the work as memorialized by the City Engineer’Upon the City’s Acceptance of obligations. ’sieremaining parts work independent of the completion of the ’Contractors, or ’Engineers, ’OwnerCity Engineer may accept the .)‘B’ itxhibattached Eprovided for reference Acceptance is (an example City Acceptanceseparate execution of a s’he City Engineerby t memorializedAcceptance of the work shall be s ’Cityduration established by this Contract. installed pursuant to this contract for the and agrees to maintain the stability of all work done and materials furnished and xcept that Contractor guarantees , eOwnerwithout any further acts or deeds of the shall become the property of the City Project elementsaccepted by the City, the Engineer and is subsequently accepted by City. When Observation & Oversight by until such work is certified Project elements responsibility for the maintenance of the City accepts no .NTENANCE, OWNERSHIPCITY ACCEPTANCE, MAI VI. general schedule.roject, to discuss project scope, erosion control, and to commencing work on the P prior s representative shall be held’Cityand the Observation & Oversight Engineer, Engineer, , Contractor, Ownersite meeting between the -. An onEngineerCity roject are on file with the ans and specifications for the Papproved plthe have been approved and slanand Grading Ptruction plans civil consProject until the Work shall not commence on the .incorporated herein by reference all of which areStandards for Street and Utility Construction in effect at the time of contract execution, s ’plans and specifications, and the City of Rochesterapproved the , Contractthis made a part hereof to the same extent as if fully set forth herein, consist of which are for the Project, The contract documents CONTRACT DOCUMENTS. V. 7 640 and specifically waives any and all legal objections they may have to any Contractition found within this he legality of any term or condagree that they will not challenge tparties allAs such, with a legal challenge to any of the terms of this Agreement.All parties wish to avoid any development or administrative delays associated on any representation or statement not set forth herein; and (d) has not relied upthe significance of those terms and has made the decision to accept them as stated terms, appreciates itsunderstands all of and; (c) has read Contractbefore signing this s terms and conditions, and to consult an attorney ’Contracttime to consider this with legal counsel as he/she/it deems appropriate; (b) has had a sufficient amount of own volition with such consultation itsknowingly, voluntarily and willingly of his/her/ Contract(a) enters into and executes this Engineer acknowledge that he/she/it:, and Contractor, Ownerthe , ContractBy executing this .CONCURRENCE XIV. . to be recorded with Olmsted County this Agreement filenot and the Parties shallCity .shall be effective only in the specific instance and for the specific purpose given. Such waiver, consent, modification, or change City and the Partiesand signed by unless in writing City and the Partiesshall bind Contractis or change of terms of threpresentations not specified herein. Furthermore, no waiver, consent, modification, representations. There are no oral or written understandings, agreements, or supersedes all prior negotiations, understandings, agreements, and instrumentThis agreement, and the complete and exclusive statement of the terms agreed upon. ’constitutes the final expression of the parties Contract. This MERGER CLAUSE XIII. .provisionof that or any other or the Parties City contract shall not constitute a waiver by theto enforce any provisions of this or the Parties of the City . The failure XII. s fee.’reimburse all costs of these claims, including attorneyEngineer agrees to The ployees under this agreement.agents, or emEngineer or its subcontractors, arising out of the negligent activities of The officers, agents, and employees from all claims, suits, or actions resulting from or Engineer agrees to indemnify and hold harmless the City, its officials, The attorney’s fees.defend and pay all costs in defending these claims, including Contractor agrees toThe Contractor or its subcontractors, agents, or employees under this agreement.activities of the resulting from or arising out of the negligent or otherwise tortiousemployees from all claims, suits, or actions of whatsoever nature officers, agents, and The Contractor agrees to defend, indemnify and hold harmless the City, its officials, ’attorneyreasonable claims, including of theseall costs reimburse the City forto sagree OwnerThe mployees under this agreement.its agents, or e ,Owneractivities of the resulting from or arising out of the negligent or otherwise tortiousofficers, agents, and employees from all claims, suits, or actions of whatsoever nature to indemnify and hold harmless the City, its officials, sagree OwnerThe .INDEMNITY XI. create a conflict of interest for any purpose. ,Oversight EngineerObservation & and Design Engineer provided by right to claim that servicesunderstand this relationship and waive any OwnerCity and Professional Services.and to the City under a separate Contract for Ownerprofessional services to the required to provide Observation & Oversight Engineerand EngineerDesign For the construction of these public facilities .CONFLICT OF INTEREST X. 8 641 (Signature pages to follow) Proceed from the City. written Notice tothe Contractor has received a and and Grading Plan are approved,Construction Plans Civil such time the Contract documents are fully executed, the Work under this contract shall not commence until .COMMENCEMENT OF WORK XVIV. .possessing fee title Valleyhigh Flats II, Limited Partnershipthe parties prior to the Property and that the terms and conditions herein shall not be binding on possessing fee title to Valleyhigh Flats II, Limited Partnershipexecuted prior to Owner, City, Contractor and Design Engineer agree that this Contract may be fully .POSSESSING FEE TITLE TWG ROCHESTER, LLCEXECUTION PRIOR TO XVIII. laws of the State of Minnesota.accordance with the This Agreement will be governed by and construed in .GOVERNING LAW XVII. ument.Instrsuch counterparts taken together shall be deemed to constitute one and the same counterparts by the different parties hereto on separate signature pages, and all of . This Contract may be executed in any number PARTSEXECUTION IN COUNTER XVI. consu-own staff and/or sub itsthrough the use of obligated to perform the required work in a professional and workmanlike manner isontract and it is bound by the terms of this C atth sContractor acknowledge. unreasonably withheld, conditioned, or delayed, which consent will not be all partiesontract amendment signed by and formal C written consent of the City Engineer priorthe shall not substitute Contractor identified herein without Owner .SUBSTITUTION XV. .Contractexpiration of this termination or contrary, this clause will survive theNotwithstanding any provision in this Agreement to the such term or condition. 9 642 32, 20_________________Dated _________ City Clerk Kelly K. Geistler, ______________________________ 3, 202__________________________Dated Mayor, Kim Norton __________BY______ ____________________ a Minnesota municipal corporation , MINNESOTA, ROCHESTERCITY OF CITY: duly executed on the day and year hereinabove set forth.IN WITNESS WHEREOF, the respective parties hereto have caused this agreement to be 10 643 Notary Public company as general partner of the limited partnership.instrument and acknowledged that he/ executed the same as his free act and on behalf of the , who is personally known to me to be the person who executed the foregoing partnershipnnesota limited , a MiValleyhigh Flats II, Limited Partnershipcompany, the General Partner of a Minnesota limited liability , VF Roch II LLC2023, by Christopher J. Stokka, the Vice President of The foregoing was acknowledged before me this _____ day of _________________, COUNTY OF ______________) ) SS STATE OF ________________) Vice President Its: Christopher J. Stokka Name: By: By: Christopher J. Stokka its Vice President PartnerBy: VF Roch II LLC its General a Minnesota limited partnership , Valleyhigh Flats II, Limited Partnership OWNER: _________________, 2023.IN WITNESS THEREOF, the DECLARANT has executed this Agreement this _____ day of 11 644 My Commission Expires: Notary Public . behalf of the company as general partner of the limited partnership. foregoing instrument and acknowledged that he/ executed the same as his free act and on who is personally known to me to be the person who executed the , and Partnership and the General Partner of Valleyhigh Flats II, Limited Partnership, a Minnesota Limited liability company, limitedsay that he is the Vice President of VF Roch II, LLC, a Minnesota appeared Christopher J. Stokka, who being by me duly sworn, did On this _________________ day of ____________________, 2023, before me COUNTY OF __________________ STATE OF ____________________ PARTNERSHIP AUTHORIZATION SIGNATURE ACKNOWLEDGEMENT OF LIMITED 12 645 Notary Public ___________________________________ .coas his/her free act and deed and on behalf of the person who executed the foregoing instrument and acknowledged that he/she executed the same and who is personally known by me to be the ,a Minnesota corporation , Inc.,DeCook Excavating by _______________________________, the __________________________ of, 3202 ,___________The foregoing instrument was acknowledged before me this ___ day of ) _____________COUNTY OF ss.) ) ___________________________ tsI ____________________________ yB a Minnesota corporation , Inc.,DeCook Excavating CONTRACTOR: 13 646 Expires:Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code)(Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before2023, , of day this On OF COUNTY STATE OF FOR CONTRACTOR SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 14 647 Rochester, MN 559014001 West River Parkway NW, Suite 100 Rochester Public WorksThis document was drafted by: Notary Public ___________________________________ .corporationsame as his/her free act and deed and on behalf of the e person who executed the foregoing instrument and acknowledged that he/she executed ththe and who is personally known by me to be , , a Minnesota corporationEngineering Services LtdWSE , by ______________________________, the __________________________ of 3220 ,_____________The foregoing instrument was acknowledged before me this ___ day of ) _____________ ss.) )MINNESOTA _____________________________ tsI ____________________________ y B a Minnesota corporation ,WSE Engineering Services Ltd DESIGN ENGINEER: 15 648 Expires:Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code)(Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before2023, , of day this On OF COUNTY STATE OF DESIGN ENGINEERFOR SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 16 649 601J5 Construction Plan forrawing of Reference d EXHIBIT A 17 650 AcceptanceCertification of s ’EngineerExample of Blank BXHIBIT E M 651?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.4202?,13?hcraM?no?esihcnarf?elbac?eht?etanimret?dluow?deniltuo?smret?eht?lla?ot?noitidda?ni?,tnemeergaeht?fo?noitucexE ?.ytiC?eht?dna?teNorteM?neewteb?,1202?,2?lirpA?evitceffe?,tnemeergA?tnemhcattA?eloPeht?rednu?elbacilppa?tseretni?dna?,stsoc?,seef?gnidnatstuo?yna?sa?llew?sa?tnemeergA?tnemeltteS?siht?htiwnoitcennoc?n i?sesnepxe?dna?stsoc?elbanosaer?s’ytiC?rof?000,53$?ytiC?eht?esrubmier?ylluf?lliw?teNorteM:tcapmI?ecruoseR?&?lacsiF tnemeergA?esihcnarF?elbaC?teNorteM?-?noisseS?ydutS?:3202?,11?rebmetpeS:tnemegagnE?yt inummoC?&?snoitcA?evitalsigeL?roirP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.tenorteM?yb?detucexe?neeb?ydaerla?sah?dna?dehcatta?si?tnemeergA?tnemelt teS?ehT??.)UPR(?seitilitU?cilbuP?retsehcoR?htiw?tceffe?ni?tnemeerga?tnemhcattAeloP?eht?wollof?ot?eunitnoc?dna?edoC?ytiC?eht?fo?2-9?retpahC?ot?tnausrup?snoitagilbo?gnittimrep?lla?htiwylpmoc?ot?evah?ll iw?dna?,ecivres?elbac?edivorp?ot?detagilbo?eb?ton?lliw?teNorteM?,tnemeerga?esihcnarfelbac?a?tnesbA?.wal?tnerruc?rednu?esihcnarf?ot?tcejbus?ecivres?ylno?eht?si?rehtar?,edivorp?ot?eunitnocot?sdnetni?te NorteM?taht?ecivres?tenretni?eht?ezidrapoej?ton?seod?esihcnarf?elbac?eht?fo?noitanimreT?.tfard?eht?fo?tnetni?eht?ro?ytiC?eht?no?tceffe?esrevda?on?evah?taht?tnemeerga?eht?ot?snoitacifidomegaugnal?roni m?emos?erew?erehT?.egaugnal?tnemeerga?tnemelttes?tfard?eht?fo?weivrevo?gnidulcni?etadpuna?dedivorp?,nagorG?.T?nairB?lesnuoc?edistuo?dna?,egarK-reldnipS?yenrottA?ytiC?,gniteem?noisseSydutS?,3202?,11?r ebmetpeS?eht?tA?.stesnus?tnemeerga?esihcnarf?eht?sa?deruc?era?seicneicifed?tnerrucyna?taht?erusni?dluow?taht?noitanimret?no?snoitidnoc?niatrec?ecalp?ot?ytinutroppo?na?ytiC?eht?dedivorp?sihT.ytiC?eht? ni?esihcnarf?elbac?gnitsixe?sti?wener?ot?dnetni?otni?seod?ti?taht?ytiC?eht?deifiton?sah?teNorteM:evitarraN?tropeR.tnemeergA?esihcnarF?teNorteM?eht?fo?gnittesnus?eht?gnidrager?tnemeerga?tnemelttes?eht ?gnivorppA:detseuqeR?noitcA???82.FteNorteM?htiw?tnemeergA?tnemeltteS?a?fo?lavorppA NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO 3202?,61?rebotcO:ETAD?GNITEE P 652)dengiS(?retsehcoR?teNorteM?-?tnemeergA?tnemeltteS:stnemhcattA reyeH?rehtaeH:yB?deraper 653 654 655 656 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to: § person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § ther ways to submit an open comment/public comment:O § A timer will be used to manage speaker times. § residents.immediately impacted by the Council’s decision, e.g. neighborhood may be When appropriate, priority will be given to those speakers who § spent. yields their time may not speak again once the allotted 5 minutes are A speaker may yield their remaining time to another. A speaker who § receive extra time.s spokesperson does not encouraged to designate a spokesperson. ThiGroups who have a similar view on the subject matter of the hearing are § The speaker shall provide their name. § Speakers may only speak once during a given public hearing. § s will be limited to 5 minutes each.All speaker § hich all external comments end.until a motion has been made, after wThe applicant may also answer informational questions from the council § rebuttal of up to 5 minutes after the public hearing has closed. public hearing, and may provide a of 10 minutes prior to the start of the The applicant (and/or applicant’s representative) may present for a total § guidelines: participation Public hearing Public Hearings M 657 repap?ni?dehsilbup?dna?srenwo?ytreporp?gnirobhgien?ot?tnes?gniraeh?cilbup?fo?ecitoN?:3202?,7?rebotcOdevorppa?TALP110-2202DC?.oN?talP?yranimilerP?-?gniteeM?licnuoC?:2202?,81?yluJ:tnemegagnE?ytin ummoC?&?snoitcA?evitalsigeL?roirP.ytisreviD?gnisuoH?gnidnapxEdna?ytilibaniatsuS?lacsiF?gnizisahpmE?fo?selpicnirP?eroC?nalP?evisneherpmoC?eht?seveihca?tcejorp?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?,92?rebmetpeS?detad?,omeM?tnemtrapeD?eriF?retsehcoR?eht?htiw?ylpmoc?llahs?tnacilppa?ehT?.6.noitaerceR dna?skraP?retsehcoR?htiw?ecnadrocca?ni?noitagilbo?eert?draveluob?eht?teem?llahs?tnacilppa?ehT?.5.WN?lP?erauqS?nwoT?fo?dne?eht?ta?dnuora-nrut?yraropmet?devapa?fo?noitcurtsnoc?eht?rof?yltnerrucnoc?dedr ocer?eb?ot?tnemesae?ssecca?yraropmet?a?fo?noitacideD?.4?.sdradnats?ytiCot?detcurtsnoc?dna?dengised?si?ssecca?yradnoces?a?litnu?dettimrep?eb?lliw?snoisividbus?lanoitidda?oN?.3.sdradnatstnempoleved?)to L?llamS?ylimaF-elgniS(?2-R?htiw?ecnamrofnoc?rof?deweiver?eb?lliw?stimrep?gnidliub?llA?.2.tem?eb?llahs?stnemeriuqer?noitacided?dnalkrap?,talP?laniF?eht?fo?gnidrocer?eht?ot?roirP?.1?:snoitidnoc?gniwoll of?eht?htiw?talP?laniF?eht?fo?lavorppa?sdnemmocer?maeT?weiveR?tnempoleveD?ehT??.WN?tS?enotsdnaS?dnaWN?evA?ts16?fo?noitcesretni?eht?fo?renroc?tsewhtron?eht?ta?detacol?si?etis?ehT?.htruoF?keerC?elbbeP? sanwonk?eb?ot?,stoltuo?owt?dna?stol?laitnediser?neves?otni?serca?82.4?edividbus?ot?sesoporp?noitacilppa?ehT:evitarraN?tropeR.WN?tS?enotsdnaS?dna?WN?evA?ts16?fo?noitcesretni?eht?fo?renroc?tsewhtron?eh t?ta?detacol?stoltuo?owtdna?stol?laitnediser?neves?otni?serca?82.4?fo?noisividbus?eht?rof?,snoitidnoc?xis?htiw?,htruoF?keerC?elbbePsa?nwonk?eb?ot?,ztiweD?selrahC?yb?,TALP510-3202DC?.oN?talP?laniF?gni vorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???1.GhtruoF?keerC?elbbePsa?nwonk?eb?ot?TALP510-3202DC?.oN?talP?laniF NOITCA?ROF?TSEUQER relhoM?toillE:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD? ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE F 658 htruoF?keerC?elbbeP?TALP510-3202DC?-?noituloseRhtruoF?keerC?elbbeP?TALP510-3202DC?-?stnemmoC?weiveRhtruoF?keerC?elbbeP?TALP510-3202DC?-?tibihxE?talPhtruoF?keerC?elbbeP?TALP510-3202DC?-?paM?noit acoL?etiShtruoF?keerC?elbbeP?TALP510-3202DC?-?paM?noitacifitoNhtruoF?keerC?elbbeP?TALP510-3202DC?-?omeM?DC:stnemhcattA relhoM?toillE:yB?deraperP.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s (noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsi 659 NW. at the end of Town Square Place -onstruction of a paved temporary turncaccess easement to be recorded concurrently for the temporary Dedication of 4. and constructed to City standards. ary access is designed No additional subdivisions will be permitted until a second 3. Lot) development standards.Family Small -2 (Single-All building permits will be reviewed for conformance with R 2. .parkland dedication requirements shall be metPrior to recording of the Final Plat, 1. with ConditionsApproval :Development Review Team Recommendation : Rochester City CouncilApproval Body are reflected in this Final Plat application.application have been met and Major Land SubdivisionThe conditions for approval of the are not part of the preliminary plat review.sign standards, such as building and parking lot location, height, and setbacks, .Major Land Subdivision the conditions of the conformance withpublic utility needs, and development standards, such as lot size, vehicle and pedestrian access /connectivity, conformance with lot the subdivision for Council evaluates ,review Plat FinalDuring the . requirements of Minnesota Lawof a subdivision plat meeting the public land records through the preparation is accurately documented and recorded in the and Subdivision Permitapproved intended to ensure that all aspects of the isFinal Plat The : What is Considered Final Plat: Application Type SUMMARY CITY COUNCIL Will Zieman / WSE Engineering :Consultant Charles Dewitz Applicant: Ave NW and Sandstone St NW. st 61at the northwest corner of the intersection of located s The site i Location: residential lots and two outlots. Pebble Creek Fourth, for platting of 4.28 acres into seven Charles Dewitz, to be known as by LATP150-3#CD202 Final Plat Request: Rochester Community Development Department Prepared By: 3, 202October 16 OCHESTER CITY COUNCILR CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 660 parkland dedication will be collected as cash in lieu.acre park. The remaining required -be dedicated as a 2.32This will as future parkland that will service the surrounding area. Plan Outlot B is called out in the approved General Development Parkland Dedication concurrently in a separate document. services into the subdivision. These easements will be recorded RPU Water has requested that easements be recorded to extend Utilities These roadways are low speed, low volume, residentials streets.. may be required siteobligations specific to development of this Agreement for Owner’s execution to memorialize terms and Development APresently, public facilities exist to service the site. Public Facilities denoted in Pebble Creek Fourth.Environmentally sensitive areas are not present in the area Edge/FloodplainWetlands/Decorah Utilities.submitted, reviewed, and approved by the Rochester Public anagement plan has been A Grading and Stormwater M ManagementGrading & Stormwater Plan is approved and a secondary access is provided.access. No new lots will be permitted until a General Development exceed the number of residential units permitted on a single Creek Fifth will Approval of Pebble Creek Fourth and Pebble access point for the existing phases of the subdivision.The site currently has one The streets are proposed to be public. st Ave NW (County Road 44) via 51 th ready access to 60Ave NW and will have st by access off 61site will be served The Streets and Access .standards imensionald 2-consistent with the Rand the proposal is )Small Lot Family-2 -is zoned R sitehis T. Final Plat compatible with proposedResidential, which is Density -The underlying Land Use designation for this area is Low Land Use/ Zoning ZONING SUMMARY TABLE – LATP150- th prior to the addition of a secondary access onto 55fth are the last phases that can be approved Pebble Creek Fourth and Pebble Creek Fi 2 zoning district. -Rconsistent with the Development Plan (#209). The development style is expected to be 011PLAT) and General -is consistent with the approved Preliminary Plat (CD2022blic utilities. This Final Plat construction of roadway facilities, pedestrian facilities, and puThe subdivision will include the th existing access onto 60 Ave NW with st to 61and two outlots. The roadway for this development is proposed to be public and connect residential lots The applicant is proposing a Final Plat to subdivide 4.28 acres into seven PROJECT SUMMARY September 29, 2023.The applicant shall comply with the Rochester Fire Department Memo, dated 6. Rochester Parks and Recreation.ion in accordance with he applicant shall meet the boulevard tree obligatT 5. PLAT0-3CD202 3 661 Final Plat 3. Location Map 2. Notification Map 1. ATTACHMENTS as outlined in the Planning Commission Summary above. , APPROVAL WITH CONDITIONSThe Community Development Team recommends .).500.040H.460findings are met (Section Final PlatUnified Development Code and recommends that all for conformance with the Final PlatThe Community Development Team has reviewed the APPROVALSTANDARDS FOR –CRITERIA FINAL PLAT public infrastructure build out.To be met at time of Creek Special District. the boulevard tree obligation in accordance with the Pebble tThe owner shall mee 7. around.-future construction of a paved temporary turn Easement submitted with Final Plat application and is to be recorded for around is required at the end of Town Square Place NW. -Dedication of applicable easements, and construction of a paved temporary turn 6. Compete e construction of public infrastructure.easements is required prior to thOwner Contract, and dedication of any applicable public -Execution of a City 5. Complete Within the Final Plat submittal, the Proposed Park shall be designated as an outlot. 4. Complete ust be approved by Rochester Public Works.Management Plan mPrior to submittal of the Final Plat, an approved Grading & Stormwater 3. Complete be corrected to the satisfaction of Olmsted County Property Records. Prior to submittal of the Final Plat, the legal description for the proposed plat shall 2. Complete system layout to the satisfaction of Rochester Public Utilities. Prior to submittal of the Final Plat, the applicant shall revise plans to the water 1. conditions for approval. seven followingThe Preliminary Plat for Pebble Creek Fourth was approved on July 6, 2022, with the PRELIMINARY PLAT CONDITIONS the driveways of the proposed dwellings.adequate space for spillover parking on the roadway as well as in parking spaces. There is 0.7 spillover This development requires Spillover Parking: PLAT0-3CD202 4 662 Review Comments 4. PLAT0-3CD202 Final Plat #CD2023-015PLAT by Charles 663Ward 3, 350' Notification Areaand Sandstone Street NW.corner of the intersection of 61 Avenue NW outlots. The site is located at the northwest for platting of 4.28 acres into 7 lots and 2 Dewitz, to be known as Pebble Creek Fourth, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,664 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri M 665 WSE SSEY 666 There are no comments from this agency at this time. RPU Water Review 5/20239/2 See attached comment in Accela software. Public Works Review See attached comment in Accela software. Park and Rec Review Fire Review County Public Works 9/20239/2 County Long Range Planning no issues. -See attached GIS referral document PebbleCreekFourthFP_Referral.pdf County GIS/E911 015PLAT-CD2023 Application No: Agency Review Comments 1of 1Page 10/2/2023 2:22:11 PM 667 via Accela onlySent to Planning Department Owner Contract and / or Development Agreement.-addressed in CityDevelopment charges/fees applicable to the development of this Property are / will be 6. required at the end of Town Square Place NW.a paved temporary turnaround is Dedication of applicable easements, and construction of 5. development.shown on the plat) is required prior to construction of any public infrastructure for this Owner Contract, and dedication of any applicable public easements (not -a City Execution of 4. ion.A TIS waiver is approved for this applicat 3. Agreement.applicable to this Property, and as such, development is subject to the terms of the and Supplemental Development Agreement There is an existing Development Agreement 2. approved for this application. sand Stormwater Management Plan, Civil, GradingThe 1. this application: development. The following are Public Works comments for th Pebble Creek 4and the proposed , PLAT501-3Plat CD202 FinalThe Department of Public Works has reviewed the application for 9/29/23DATE: )85398PIN ( Plat Final th Pebble Creek 4 : RE FROM: Mark E. Baker 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development 668 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 ORKS W UBLIC P OUNTY C LMSTED O 7101-328-507 GIS Analyst / Addressing Dave McCollister To address issues listed above, please contact our office. recorded.addressing fees have been paid. Addresses will be assigned after the plat has been officially All GIS impact and E911 The GIS Addressing staff have no issues to discuss at this time. ROADWAY, or ADDRESS related issues are present shows the following:to determine any existing or potential GIS FINAL PLAT OURTHPEBBLE CREEK FA review of the FINAL PLAT GIS REFERRAL OURTHPEBBLE CREEK F RE: ADAM NOWINSKI CC: OLLISTERCDAVE MC FROM: LLC, WILL ZIEMAN WESTERN WALLS TO: SEPTEMBER 29, 2023 DATE: REFERRALFINAL PLAT OURTHPEBBLE CREEK F OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYERAN EQUAL Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning: Jeff Feece 669 for street construction abutting the park (outlot B). against Park and Rec cost obligations es as cash in lieu of land to be appliedec is willing to receive the .16 acrPark and R • .16 acres :dedication required Remaining parkland 2.32 acres PC Fourth Plat: -B Outlot 2.48 acres Total Acres Required: .21 acres Pebble Creek Fifth: .17 acres Pebble Creek Fourth: .42 acres Pebble Creek Third: .44 acres Pebble Creek Second: 1.24 acres Pebble Creek First: required after outlot B is dedicated. .16 acresditional There is an ad .Fourth and Fifthle Creek Pebbboth Outlot B should be dedicated prior to recordation of the final plats for reek Fourth plat. shown on the Pebble Cthe dedication of the 2.32 acre park met through partially will have been ebble Creek First through FifthPfor equirements R • through Fifth.dedication requirements for Pebble Creek First parkland See the summary below for • acres of parkland dedication. This plat is responsible for .17 • IREMENTSUPARK DEDICATION REQ Fair market value of land……………………………………… .17 Dedication ……………………………………………………… .0244 Density factor…………………………………………………… 7 Number of dwelling units……………………………………... 4.28 Acreage of plat…………………………………………………. Plat015-CD2023 Pebble Creek Fourth RE: Community Development TO: September 26, 2023 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION termn.gov@rochesjfeece 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 670 buildings.signs must be in place prior to occupancy of any All street, directional and fire lane sacs less than 96 feet in diameter shall be posted “No Parking”. 3. -de-d) Cul sac diameter shall not be less than 70 feet in diameter -de-c) Minimum cul sides of the street. width shall be posed “No Parking” on both of the street. Streets less than 26 feet in b) Streets less than 32 feet in width shall be posted “No Parking” on one side a) Minimum street width shall not be less than 20 feet clear drivable width. serviceable prior to and during building construction. roadways shall be the Zoning Ordinance and Land Development Manual. Emergency vehicle access 2. Streets and roadways shall be as provided in accordance with the fire code and determined by the size and construction type of the buildings being proposed. be no less than 1,000 gpm at 20 psi. The actual required fire flow per lot will befamily residential development area shall -a) The minimum fire flow for this single Hydrants shall be in place prior to commencing building construction. the Water Division. properly located and installed in accordance with the specifications of 1. An adequate water supply shall be provided for fire protection including hydrants requirements: With regard to the above noted project plan, the fire department has the following corner of the intersection of 61 Avenue NW and Sandstone Street NW.for platting of 4.28 acres into 7 lots and 2 outlots. The site is located at the northwest Dewitz, to be known as Pebble Creek Fourth, by Charles 015PLAT Final Plat-2023-CD SUBJ: Rochester, MN 55901 4001 West River Parkway Suite 100 Community Development Department 2023 th September 29 2829-328-507Fax: FIRE MARSHAL DEPARTMENT FIRE 671 Assistant Fire Marshal Jason Fife Sincerely, 201 4th Street SE 672 3726-STE 10, Rochester, MN 55904 - 673 WSE Engineering, Zieman Charles Dewitz, Western Walls, Inc. , Fire Prevention BureauChris Ferguson Mark Baker, City Public Works , Building Safety, PlumbingGary Schick , Building SafetyanJerry Norm Brent Bunke, RPU Luke Payne, RPU C: W Wade Neubauer Very truly yours, if you have questions. -280-lease contact us at 507P PSI. 70-50 PSI to low-the midwill range from the seven (7) lots of Pebble Creek Fourth Subdivision tic water pressures within ) Water System Area. Sta(HLithin the Northwest High Level This property is w 2. 2427) at the City Public Works Department for details.-328-Baker (507The property may be subject to the water availability fee, connection fees or assessments. Contact Mark 1. comments follow:Informational The final utility plans have been approved. Our review of the referenced final plat is complete and we have no objections. Pebble Creek Fourth to be known as 015PLAT by Charles Dewitz-Plat CD2023 Final FERENCE:RE Rochester, MN 55901 4001 West River Pkwy NW, Suite 100 COMMUNITY DEVELOPMENT DEPARTMENT 25, 2023 September 1 674 mndot.gov/C: 507-259-3852 Rochester, MN 55901 Street NW 2900 48 Minnesota Department of Transportation Senior Planner | District 6 Tracy Schnell Thanks, intersection of 61 Avenue NW and Sandstone Street NW. platting of 4.28 acres into 7 lots and 2 outlots. The site is located at the northwest corner of the Description: Final Plat #CD2023-015PLAT by Charles Dewitz, to be known as Pebble Creek Fourth, for ·Application Number: CD2023-015PLAT ·This proposal appears to have no significant impact on MnDOT roadways and is acceptable to MnDOT. password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your user id and Development Application CD2023-015PLAT Subject:Schnell, Tracy (DOT); Wayne, Kurt (He/Him/His) (DOT)Cc:Community Development Department To:Thursday, September 28, 2023 2:44 PM Sent:Schnell, Tracy (DOT) <tracy.schnell@state.mn.us>From:Mohler, Elliot RESOLUTION675Rochester Public Works shall be recorded concurrently with the Final Plat. 4.All required easements as requested by Rochester Public Utilities and designed and constructed to City standards.3.No additional subdivisions will be permitted until a secondary access is Family Small Lot) development standards.2.All building permits will be reviewed for conformance with R-2 (Single-be met.1.Prior to recording of the Final Plat, parkland dedication requirements shall said plat are hereby accepted, subject to the following conditions:approved, and all dedications of land or interests in land for public purposes as shown on TO BEKNOWN as “Pebble Creek Fourth”, Charles Dewitz,Applicant,is hereby Containing 4.28 acres, more or less.BEGINNING.the north line of said PEBBLE CREEK SECOND, 562.02 feet to the POINT OF PEBBLE CREEK SECOND; thence South 89 degrees 51 minutes 39 seconds East, along minutes 39 seconds East, 31.10 feet to the northwest corner of Lot 1, Block 1, of said minutes 43 seconds, radius of 377.00 feet and a chord that bears South 15 degrees 10 nontangential curve, concave southwesterly, having a central angle of 04 degrees 43 minutes 39 seconds West, 132.68 feet; thence southeasterly 31.11 feet along a 25 degrees 35 minutes 17 seconds East, 158.21 feet; thence North 89 degrees 51 58 degrees 59 minutes 37 seconds West, radial to said curve, 150.54 feet; thence South central angle of 31 degrees 08 minutes 44 seconds, radius of 212.00 feet; thence South southeasterly 115.24 feet along a tangential curve, concave northeasterly, having a 407.95 feet; thence South 00 degrees 08 minutes 21 seconds West, 59.00 feet; thence northerly extension, 419.04 feet; thence North 89 degrees51 minutes 39 seconds West, dedicated on the plat of PEBBLE CREEK, according to the recorded plat thereof, and its East, assumed bearing, along the west right-of-way line of 61ST Avenue NW as according to the recorded plat thereof, thence North 00 degrees 08 minutes 21 seconds Commencing at the northeast corner of Lot 9, Block 1, PEBBLE CREEK SECOND, Olmsted County, Minnesota, described as follows:That part of the Northeast Quarter of Section 13, Township 107 North, Range 15 West, plat of lands in Olmsted County, Minnesota are to be known and designated as follows:Minnesota, that after a hearing duly noticed and held on October 16,2023, the following NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, Ave NW and Sandstone St NW.st northwest corner of the intersection of 61by Charles Dewitz, for sevenresidential lots on 4.28acres, locatedat the Approving FinalPlatNo.CD2023-015PLAT, to be known asPebble Creek Fourth, 5.The owner shall meet the boulevard tree obligation in accordance with 676Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFdated September 29, 2023.6.The Applicant shall comply with the Rochester Fire Department Memo, Rochester Parks and Recreation. M 677.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?s tsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF repap?eht?ni?dehsilbup?dna?srenwo?ytreporp?gnirobhgien?ot?tnes?eciton?cilbuP?:3202?,7?rebotcO:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytiuqE?lai coS?gninoipmahC?dna?,ytisreviD?gnisuoH?gnidnapxE,ytilibaniatsuS?lacsiF?gnizisahpmE?fo?selpicnirP?eroC?nalP?evisneherpmoC?seveihca?tcejorp?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffAtnem eganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.dedrocer?si?htfiF?keerC?elbbeP?erofeb?dedrocer?eb?tsum?htruoF?keerC?elbbeP?.4?.sdradnats?ytiCot?detcurtsnoc?dna?dengised?si?ssec ca?yradnoces?a?litnu?dettimrep?eb?lliw?snoisividbus?lanoitidda?oN?.3.sdradnatstnempoleved?)toL?llamS?ylimaF-elgniS(?2-R?htiw?ecnamrofnoc?rof?deweiver?eb?lliw?stimrep?gnidliub?llA?.2.tem?eb?llahs?stne meriuqer?noitacided?dnalkrap?,talP?laniF?eht?fo?gnidrocer?eht?ot?roirP?.1?:snoitidnoc?gniwollof?eht?htiw?talP?laniF?eht?fo?lavorppa?sdnemmocer?maeT?weiveR?tnempoleveD?ehT??.stol?laitnediser?21?otni?s erca?76.1?fo?noisividbus?eht?sesoporp?noitacilppa?ehT:evitarraN?tropeR.WN?evA?ht06?fo?tsew?dna?WN?lP?erauqS?nwoT?fo?htron?detacol?stollaitnediser?21?otni?serca?76.1?fo?noisividbus?eht?rof?,snoitidnoc ?evif?htiw?,htfiF?keerC?elbbeP?sa?nwonk?ebot?,CLL?,retsehcoR?keerC?elbbeP?yb?,TALP920-2202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???2.GhtfiF?keerC?elbbePsa?nwonk?eb?ot?TALP 920-2202DC?.oN?talP?laniF NOITCA?ROF?TSEUQER relhoM?toillE:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE P 678 htfiF?keerC?elbbeP?TALP920-2202DC?-?noituloseRhtfiF?keerC?elbbeP?TALP920-2202DC?-?stnemmoC?weiveRhtfiF?keerC?elbbeP?TALP920-2202DC?-?tibihxE?talP?laniFhtfiF?keerC?elbbeP?TALP920-2202DC?-?paM?no itacoL?etiShtfiF?keerC?elbbeP?TALP920-2202DC?-?paM?noitacifitoNhtfiF?keerC?elbbeP?TALP920-2202DC?-?omeM?DC:stnemhcattA relhoM?toillE:yB?deraper 679an Ave NW with st and connect to 61 publicfor this development is proposed to be The roadway and no public roadways are proposed. The site is an existing outlotlots. The applicant is proposing a Final Plat to subdivide 1.67 acres into twelve residential PROJECT SUMMARY e recorded before Pebble Creek Fifth is recorded. Pebble Creek Fourth must b 4. and constructed to City standards. No additional subdivision will be permitted until a secondary access is designed 3. Lot) development standards. Family Small -2 (Single-All building permits will be reviewed for conformance with R 2. parkland dedication requirements shall be met.Prior to recording of the Final Plat, 1. with ConditionsApproval :Development Review Team Recommendation : Rochester City CouncilApproval Body are not part of the preliminary plat review.Site design standards, such as building and parking lot location, height, and setbacks, .needs/connectivity, public utility standards, such as lot size, vehicle and pedestrian access conformance with lot development the subdivision for the City Council evaluates ,review Final PlatDuring the . of a subdivision plat meeting the requirements of Minnesota Lawpreparation accurately documented and recorded in the public land records through theLand Subdivision Permit approved or approved with conditions pursuant to this UDC is intended to ensure that all aspects of the Major isFinal Plat The : What is Considered Final Plat: Application Type SUMMARY CITY COUNCIL Will Zieman / WSE Engineering :Consultant Pebble Creek Rochester LLC Applicant: NW. Ave th north of Town Square Pl NW, west of 60located s The site i Location: 12 lots.platting of 1.67 acres into be known as Pebble Creek Fifth, for to , Pebble Creek Rochester LLC by LATP290-2#CD202 Final Plat Request: Rochester Community Development Department Prepared By: 3, 202October 16 OCHESTER CITY COUNCILR CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 Suite 1004001 W River Parkway NW, City of Rochester, Minnesota 2 680 APPROVALSTANDARDS FOR –CRITERIA FINAL PLAT the driveways of the proposed dwellings.adequate space for spillover parking on the roadway as well as in spillover parking spaces. There is 1.2This development requires Spillover Parking: Parkland dedication is required prior to recording the Final Plat. ation to be collected as cash in lieu.dedicRemainder of parkland Outlot B of Pebble Creek Fourth.met by proposed are partially Parkland dedication requirements Parkland Dedication connection fees or assessments. Utilities. The property may be subject to the water availability fee, r Public Final utility plans have been approved by Rocheste Utilities .may be required siteobligations specific to development of this Agreement for Owner’s execution to memorialize terms and Development APresently, public facilities exist to service the site. Public Facilities .Fifthdenoted in Pebble Creek Environmentally sensitive areas are not present in the area Edge/FloodplainWetlands/Decorah Public Works. by Rochesterd approved submitted, reviewed, anA Grading and Stormwater Management plan has been ManagementGrading & Stormwater Development Plan. approved by the City through an amendment to the General lots will be permitted until a secondary access location is no additional Following approval of Pebble Creek Fourth and Fifth, subdivision.currently has one access point for the existing phases of the The site st Ave NW (County Road 44) via 51 th access to 60 an existingAve NW and st by access off 61site will be served The Streets and Access Small Lot).-2 (Single-on January 1, 2023, the site was rezoned to RFollowing the implementation of the Unified Development Code SD and is part of the Pebble Creek Special District. is zoned sitehis T. Final Plat Residential, which is compatible with proposedDensity -The underlying Land Use designation for this area is Low Land Use/ Zoning ZONING SUMMARY TABLE – LATP150- St NW. th approved prior to the addition of a secondary access off 55be Pebble Creek Fifth and Pebble Creek Fourth are the last two phases that can 2 zoning district. -be consistent with the Rthe approved General Development Plan (#209). The development style is expected to ublic utilities. This Final Plat is consistent with construction of pedestrian facilities and pAve NW (County Road 44). The subdivision will include the th access to 60existing PLAT0-2CD202 3 681 Review Comments 4. Final Plat 3. Location Map 2. Notification Map 1. ATTACHMENTS outlined in the Planning Commission Summary above. as, APPROVAL WITH CONDITIONSThe Community Development Team recommends .).500.040H.460findings are met (Section Final PlatUnified Development Code and recommends that all for conformance with the Final PlatThe Community Development Team has reviewed the PLAT0-2CD202 Final Plat #CD2022-029PLAT by Pebble 682Ward 3, 350' Notification Areaacres into 12 lots, located north of Town Pebble Creek Fifth, for platting of 1.67 Creek Rochester, LLC, to be known as Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,683 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri M 684 WSE SSEY 685 recorded private utility easement and recorded maintenance agreement.Rochester Plumbing Inspector. Note, no private water service may cross one lot to serve another without a ed and approved by the City of way must be review-of-private water services outside of the public rightNo comments from RPU Water. The final construction plans have already been approved. However, the RPU Water Div See attached comment in Accela software. Public Works See attached comment in Accela software. Park and Rec Wetlands LGU Fire County Public Works y Long Range PlanningCount no issues. -See attached GIS referral document PebbleCreekFifthFP_Referral.pdf County GIS/E911 Building Safety 029PLAT-CD2022 Application No: Agency Review Comments 1of 1Page 10/2/2023 2:41:03 PM 686 Sent to Planning Department via Accela only applicable to this replat. charges evelopmentrelated dindividual lot development, there are no remaining public works Investment Fee (PIF) for Other than a Plant at the time Pebble Creek was first platted.re paid weevelopment charges/fees applicable to the development of this Property Certain d 4. A TIS waiver is approved for this application. 3. ent.Agreemapplicable to this Property, and as such, development is subject to the terms of the and Supplemental Development Agreement There is an existing Development Agreement 2. approved for this application. sand Stormwater Management Plan, Civil, GradingThe 1. this application: development. The following are Public Works comments for th 5Pebble Creek and the proposed , PLAT501-3Plat CD202 FinalThe Department of Public Works has reviewed the application for 9/29/23DATE: )Pebble Creek Subdivision, 7, Block 1Replat of Lot ( Plat Final th 5Pebble Creek : RE FROM: Mark E. Baker 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development 687 WSE EngineeringWill Zieman Charles Dewitz, Western Walls, Inc. , Fire Prevention BureauChris Ferguson Mark Baker, City Public Works , Building Safety, PlumbingGary Schick , Building SafetyJerry Norman Brent Bunke, RPU Luke Payne, RPU aterW Wade Neubauer Very truly yours, if you have questions. 1505-280-lease contact us at 507P PSI. s’-PSI to low s’-the midwill range from th Subdivision the twelve (12) lots of Pebble Creek Fifwater pressures within tic ) Water System Area. Staithin the Northwest High Level (This property is w 2427) at the City Public Works Department for details.-328-Baker (507The property may be subject to the water availability fee, connection fees or assessments. Contact Mark comments follow:Informational The final utility plans have been approved. Our review of the referenced final plat is complete and we have no objections. Fifebble Creek P to be known as 029PLAT by Pebble Creek Rochester, LLC-Plat CD2023 Final FERENCE: 55901Rochester, MN 4001 West River Pkwy NW, Suite 100 COMMUNITY DEVELOPMENT DEPARTMENT September 25, 2023 Jeff Feece 688 for street construction abutting the park (outlot B). against Park and Rec cost obligations es as cash in lieu of land to be appliedec is willing to receive the .16 acrPark and R • .16 acres :dedication required Remaining parkland 2.32 acres PC Fourth Plat: -B Outlot 2.48 acres Total Acres Required: .21 acres Pebble Creek Fifth: .17 acres Pebble Creek Fourth: .42 acres Pebble Creek Third: .44 acres Pebble Creek Second: 1.24 acres Pebble Creek First: required after outlot B is dedicated. .16 acresditional There is an ad .Fourth and Fifthle Creek Pebbboth Outlot B should be dedicated prior to recordation of the final plats for reek Fourth plat. shown on the Pebble Cthe dedication of the 2.32 acre park met through partially will have been ebble Creek First through FifthPfor equirements R • through Fifth.dedication requirements for Pebble Creek First parkland See the summary below for • acres of parkland dedication. This plat is responsible for .21 • IREMENTSUPARK DEDICATION REQ Fair market value of land……………………………………… .21 acres tion ………………………………………………………Dedica .01776 ctor……………………………………………………Density fa 12 lling units……………………………………...Number of dwe 1.67 plat…………………………………………………. Acreage of Plat029-CD2022 Pebble Creek Fifth RE: Community Development TO: September 26, 2023 REVISED: September 25, 2023 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2540-328-075 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 689 buildings.All street, directional and fire lane signs must be in place prior to occupancy of any sacs less than 96 feet in diameter shall be posted “No Parking”. 3. -de-d) Cul ll not be less than 70 feet in diameter sac diameter sha-de-c) Minimum cul sides of the street. of the street. Streets less than 26 feet in width shall be posed “No Parking” on both b) Streets less than 32 feet in width shall be posted “No Parking” on one side han 20 feet clear drivable width. a) Minimum street width shall not be less t roadways shall be serviceable prior to and during building construction. the Zoning Ordinance and Land Development Manual. Emergency vehicle access dways shall be as provided in accordance with the fire code and 2. Streets and roa determined by the size and construction type of the buildings being proposed. be no less than 1,000 gpm at 20 psi. The actual required fire flow per lot will be family residential development area shall -inimum fire flow for this singlea) The m Hydrants shall be in place prior to commencing building construction. properly located and installed in accordance with the specifications of the Water Division. 1. An adequate water supply shall be provided for fire protection including hydrants requirements: he following With regard to the above noted project plan, the fire department has t Square Place NW, west of 60th Ave NW.known as Pebble Creek Fifth, for platting of 1.67 acres into 12 lots, located north of Town 029PLAT by Pebble Creek Rochester, LLC, to be -#CD2022Final Plat 029PLAT -CD2022 SUBJ: Rochester, MN 55901 4001 West River Parkway Suite 100 Community Development Department 2023 th September 29 2829-328-507Fax: FIRE MARSHAL DEPARTMENT FIRE 690 Assistant Fire Marshal Jason Fife Sincerely, 201 4th Street SE 691 3726-STE 10, Rochester, MN 55904 - 692 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 ORKS W UBLIC P OUNTY C LMSTED O 7101-328-507 / AddressingGIS Analyst Dave McCollister To address issues listed above, please contact our office. recorded. officiallyafter the plat has been es will be assigned addressing fees have been paid. Addresst and E911 All GIS impac The GIS Addressing staff have no issues to discuss at this time. ROADWAY, or ADDRESS related issues are present shows the following:to determine any existing or potential GIS, FINAL PLATFTH PEBBLE CREEK FIA review of the PEBBLE CREEK FIFTH FINAL PLAT GIS REFERRAL RE: ADAM NOWINSKI CC: OLLISTERCDAVE MC FROM: BBLE CREEK ROCHESTER LLC, WILL ZIEMAN TO: SEPTEMBER 29, 2023 DATE: FINAL PLAT REFERRAL PEBBLE CREEK FIFTH PPORTUNITY/AFFIRMATIVE ACTION EMPLOYERAN EQUAL O Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning: 1 693 mndot.gov/C: 507-259-3852 Rochester, MN 55901 Street NW 2900 48 Minnesota Department of Transportation Senior Planner | District 6 Tracy Schnell Thanks, NW. Fifth, for platting of 1.67 acres into 12 lots, located north of Town Square Place NW, west of 60th Ave Description: Final Plat #CD2022-029PLAT by Pebble Creek Rochester, LLC, to be known as Pebble Creek ·Application Number: CD2022-029PLAT ·This proposal appears to have no significant impact on MnDOT roadways and is acceptable to MnDOT. password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your user id and Development Application CD2022-029PLAT Subject:Schnell, Tracy (DOT); Wayne, Kurt (He/Him/His) (DOT)Cc:Community Development Department To:Thursday, September 28, 2023 2:45 PM Sent:Schnell, Tracy (DOT) <tracy.schnell@state.mn.us>From:Mohler, Elliot RESOLUTION694(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRE SIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFrecorded.4.Pebble Creek Fourth must be recorded before Pebble Creek Fifth is designed and constructed to City standards.3.No additional subdivisions will be permitted until a secondary access is Family Small Lot) development standards.2.All building permits will be reviewed for conformance with R-2 (Single-be met.1.Prior to recording of the Final Plat, parkland dedication requirements shall shown on said plat are hereby accepted, subject to the following conditions:hereby approved, and all dedications of land or interests in land for public purposes as TO BEKNOWN as “Pebble Creek Fifth”, Pebble Creek Rochester LLC,Applicant,is Recorder's Office, Olmsted County, Minnesota.Lot 1, Block 7, PEBBLE CREEK, according to the plat thereof on file at the County plat of lands in Olmsted County, Minnesota are to be known and designated as follows:Minnesota, that after a hearing duly noticed and held on October 16,2023, the following NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, Ave NW.th of Town Square Pl NW and west of 60Pebble Creek Rochester, LLC, for 12residential lots on 1.67acres, locatednorth Approving FinalPlatNo.CD2022-029PLAT, to be known asPebble Creek Fifth, by Rochester, Minnesota)695 M 696.noititep?noitacav?siht?htiw?detapicitna?era?stsoc?tnempoleved?oN:tcapmI?ecruoseR?&?lacsiF repapsweneht?ni?dehsilbup?dna?srenwo?ytreporp?gnirobhgien?ot?tnes?gniraeh?cilbup?fo?ecitoN?:3202?,7?reb otcO)PDS920-3202DC(nalP?tnempoleveD?etiS?detaicossa?rof?gniteeM?noitamrofnI?doohrobhgieN?:3202?,41?rebmetpeS:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.etis?eht?fo?tnempolevederutuf?eht?ni?ytil ibixelf?wolla?dna?tol?gnitsixe?na?no?ecnarbmucne?tnerruc?a?evomer?lliw?noitacav?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.spol eved?ti?sa?etis?eht?rof?ytilibixelf?lanoitidda?timrep?lliw?tnemesae?ehtgnitacav?dna?,detacided?neeb?ydaerla?sah?htuos?eht?ot?yltcerid?tnemesae?cilbup?dnoces?a?,tnemesae?ehtni?detacol?era?seitilitu?on ?esuaceb?noitacav?eht?fo?lavorppa?sdnemmocer?maeT?weiveR?tnempoleveD?ehT.tsae?eht?ot?gniniojda?lecrap?a?dna?lecrap?tcejbus?eht?rof?dettimbus?neeb?evahnalP?tnempoleveD?etiS?dna?noisividbuS?dnaL?roniM? A?.lairtsudnI?thgiL?IL?denoz?si?ytreporp?ehT?.cas-ed-luc?WN?evA?ht04?eht?fo?tsewhtron?detacol?si?dna?ezis?ni?erca?0.1?yletamixorppa?si?ytreporp?tcejbus?ehT.slecrap?tnecajda?no?detacav?saw?tnemesae?yt ilitu?eht?fo?flah?nretsew?eht,9102?nI?.niam?retaw?dna?rewes?yratinas?eht?rof?ytreporp?tcejbus?eht?no?stsixe?tnemesae?ytilitu?lanoitiddana?dna?,tnemesae?eht?ni?detacol?yltnerruc?era?seitilitu?oN?.4002 ?ni?kraP?ssenisuB?ratS?htroN?ehtfo?trap?sa?detacided?tnemesae?ytilitu?ediw?toof-23?dna?gnol?toof-541?a?fo?noitacav?a?stseuqer?renwo?ehT:evitarraN?tropeR kraP?ssenisuB?ratS?htroN?2?kcolB?,3?toL?hguorh t?tnemesae?ytilitu?ediw?toof-23?dna?gnoltoof-541?a?etacav?ot?,CAV500-3202DC?.oN?noitacaV?tnemesaE?ytilitU?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???3.GsacuL?ynohtnAyb?CAV500-3202DC?.oN?noita caV?tnemesaE?ytilitU NOITCA?ROF?TSEUQER retaP?esaJ:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE A 697 CAV500-3202DC?sacuL?-?noituloseRCAV500-3202DC?sacuL?-?stnemmoC?larrefeRCAV500-3202DC?sacuL?-?noitpircseD?lageL?&?tibihxECAV500-3202DC?sacuL?-?paM?noitacifitoNCAV500-3202DC?sacuL?-?paM?noitacoL? etiSCAV500-3202DC?sacuL?-?omeM?DC:stnemhcattA retaP?esaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl 698 of a warehouse style use on the site., for development to the east been submitted for the subject parcel and a parcel adjoininghave 029SDP)-(CD2023 and Site Development Plan 014PLAT)-(CD2023 SubdivisionA Minor Land .IndustrialLight is zoned yThe propert sac.--Avenue NW cul th the north west of acre in size and is located 1.0 subject property is approximately The vacated on adjacent parcels.In 2019, the western half of the utility easement was ewer and water main.sanitary san additional utility easement exists on the subject property for the in the easement and . No utilities are currently locatin 2004 dedicated as part of the North Star Business Parkfoot wide utility easement - foot long and-vacation of a 145owner requests The SUMMARY AND BACKGROUND INFORMATION Approval: Development Review Team Recommendation Rochester City Council Approval Body: easement is no longer needed.the agencies serving as notice thatfrom various should have supportAn applicant easement is in the public interest.vacation of a public whether the sCity Council evaluateThe :What is Considered Vacation Application Type SUMMARYCOUNCIL Widseth Vanessa Hines Consultant: Anthony Lucas :sOwner .sac--culAvenue NW th north west of the 40is located property The subject Location: Park BusinessNorth Star 2, Block 3utility easement located on Lot public , to vacate a Anthony LucasVAC by 5-Vacation Petition #CD2023 Request: Rochester Community Development Prepared by: 320261 October CITY COUNCIL TER ROCHES 2600-- Phone: communitydevelopment@rochestermn.govEmail: www.rochestermn.gov/cdWebsite: 7090-Rochester, MN 55901 4001 West River Parkway NW, STE 100 City of Rochester 2 699 utility easement wide foot-foot long -145 Referral Comments Legal Description Exhibit and Vacation Site Location Map Notification Map ATTACHMENTS , as outlined in the Council Summary above. vacation petitionthe approval. The Development Review Team recommends Unified Development Code theof 60.500.040K.3.cSection provisions of This request was reviewed in accordance with the STAFF RECOMMENDATION utility easement exists on the property, as an additional public needed tfoot utility easement is no-at the stating thhave provided signatures and comments Utilities and Rochester Public Works Rochester Public Furthermore, which is in the public interest.property, their developwill permit the owners to better utility easement foot-Vacating efit on the Cityconfer a public benThe vacation of the public utility easement is in the public interest and will following criteria:Utility Easement Vacation if it determines that the application complies with the Public , City Council shall approve, the 60.500.040K.3.cSection Under the provisions of REVIEW VACATION PETITION VAC5-3CD202 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,700 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Vacation Petition #CD2023-005VAC by 7011600' Notification Area, Ward 340th Ave NW)the north terminus of 40th Ave NW. (3790 Circle Dr NW, North of Valleyhigh Dr NW at easement at the site located east of West Anthony Lucas to vacate a public utility EASEMENT VACATION EXHIBIT 702 6030SCALE ( IN FEET )0NORTH CITY OF ROCHESTER, OLMSTED COUNTY, MINNESOTAPART OF LOT 3, BLOCK 2, NORTH STAR BUSINESS PARK EASEMENT VACATION WIDSETH SMITH NOLTING & ASSOCIATES, INC.2023© DESCRIPTION OF 703 20.00 foot wide utility easement.said line of westerly the The sidelines of said vacated easement shall be shortened or lengthened to terminate at and said alignment line there terminating.utility easement recorded in Document Number 744300 line of a 20.00 foot wide 88 degrees 11 minutes 07 seconds East, a distance of 145.16 feet to the westerly eginning of the alignment line; thence North boint of pa distance of 69.00 feet to the est line of said Lot 3, w48 minutes 53 seconds West along the North 01 degree of on an assumed bearing Commencing at the southwest corner of said Lot 3; thence alignment line:described lying 22.00 feet to the right and 10.00 feet to the left of the following part , Minnesota, said County Recorder’s Office, Olmsted Countyon file at the BUSINESS PARK, according to the plat thereofPart of a 32.00 foot wide utility easement over, under and across Lot 3, Block 2, NORTH STAR TO BE VACATED: 704 rom this agency at this time.There are no comments f RPU Water Review There are no comments from this agency at this time. RPU Electric Review There are no comments from this agency at this time. Public Works Review Fire Review Agency did not submit comments. Closed By Script DNR No comment County Public Works Agency did not submit comments. Closed By Script County Property Records County Long Range Planning There are no comments at this time from the E911 Addressing Division Staff. County GIS/E911 005VAC-CD2023Application No:Agency Review Comments 1of 1Page 10/3/2023 10:01:45 AM RESOLUTION705degrees 11 minutes 07 seconds East, a distance of 145.16 feet to the westerly line of a distance of 69.00 feet to the point of beginning of the alignment line; thence North 88 North 01 degree 48 minutes 53 seconds West along the west line of said Lot 3, a Commencing at the southwest corner of said Lot 3; thence on an assumed bearing of and 10.00 feet to the left of the following described alignment line:Recorder’s Office, Olmsted County, Minnesota, said part lying 22.00 feet to the right NORTH STAR BUSINESS PARK, according to the plat thereof on file at the County Part of a 32.00 foot wideutility easement over, under and across Lot 3, Block 2, AREA OF EASEMENT RELEASERochester that the easement described as follows is hereby vacated and abandoned: by the Common Council of the City of NOW THEREFORE, BE IT RESOLVEDlegal description and as depicted by the Map attached to this resolution.the specific areas in which are to be vacated are provided by the following WHEREASthe easement; andCouncil, it appears that it is in the best interests of the members of the public to vacate interested parties, and the investigation and consideration of the matter by the Common on the basis of the petition filed, the testimony and evidence presented by WHEREASandpetition would be heard and considered by the Common Council on October 16, 2023; notice that the petition had been filed, briefly stating its request, and stated that the publication in the official newspaper at least ten days prior to the public hearing, gave Rochester Community Development filed the petition in their office and, by WHEREASpublic interest”;and that “no vacation shall be made unless the Common Council finds that to do so is in the Section 17.00 of the City of Rochester Home Rule Charter further states WHEREASthereof, proposed to be vacated”;andthe line of the portion of the public street, alley, way, grounds or easement, or parts acting upon a petition filed by the owners of at least fifty percent of the lands which abut street, alley, way, grounds, or easement, or any part thereof, upon its own motion or by Common Council may, by resolution adopted by five affirmative votes, vacate any public Section 17.00 of the City of Rochester Home Rule Charter states that, “the WHEREASutility easement; andAnthony Lucasrequeststhat the city vacate a portion of an existing public WHEREASutility easement located on Lot 3, Block 2North Star Business Park. Approving Vacation Petition No. CD2023-005VAC byAnthony Lucasfor vacation of a 20.00 foot wide utility easement recorded in Document Number 744300 and said 706Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF005VAC.BE IT FURTHER RESOLVED that the City approved Vacation Application No. CD2023-at the westerly line of said 20.00 foot wide utility easement.The sidelines of said vacated easement shall be shortened or lengthened to terminate alignment line there terminating. M 707:tcapmI?IED?&?snoitaredisnoC?yciloP pihsdrawetS?latnemnorivnEtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.tnempoleved?siht?htiw?dellatsni?dna?tcejorp?eht?rof?snalp? gnireenigne?livic?eht?fo?trapsa?dedulcni?eb?llahs?)302170?#NIP(?ytreporp?gnittuba?tsew?eht?gnitcennoc?evird?ssecca?etavirp?A?.6?.)302170?#NIP(?ytreporpgnittuba?tsew?eht?ot?WN?tS?ht65?ot?ssecca?fo?thg ir?eht?gnidivorp?tnemesae?ssecca?na?sa?talp?lanifeht?no?deifitnedi?eb?llahs?ytreporp?gnittuba?tsew?eht?ot?noitcennoc?gnidivorp?evird?ssecca?etavirp?A?.5.tem?eb?llahs?noitagilbo?eert?draveluob?s’tnemp oleved?eht?,talP?laniF?a?fo?noitadrocer?eht?ot?roirP?.4.UPR?fo?noitcafsitas?eht?ot?snalp?ytilitu?tcejorp?eht?no?desserddaeb?tsum?stnemmoc?retaW?UPR?dna?cirtcelE?UPR?,noitacilppA?talP?laniF?a?fo?ecnat pecca?ot?roirP?.3.tnemucodtalp?lanif?eht?nopu?seman?desiver?edivorp?dna?seman?teerts?etavirp?esiver?ot?tnemtrapeDgninnalP?ytnuoC?detsmlO?htiw?etanidrooc?llahs?tnacilppa?eht?,talP?laniF?a?fo?ecnatpecc a?ot?roirP?.2.skroW?cilbuP?retsehcoR?yb?devorppaeb?llahs?nalP?tnemeganaM?retawmrotS?dna?liviC?a?,noitacilppA?talP?laniF?a?fo?ecnatpecca?ot?roirP?.1?:lavorppa?fo?snoitidnoc?gniwollof?eht?htiwnoitacilp pa?noisividbuS?dnaL?rojaM?eht?fo?lavorppa?gnidnemmocer?si?maeT?weiveR?tnempoleveD?ehT?.detacided?neeb?evah?steerts?gnittuba?lla?sa?tnempolevedsiht?htiw?deriuqer?eb?lliw?stnemevorpmi?yawdaor?cilbup?on ?dna?,desoporp?si?yaw-fo-thgir?cilbupwen?oN?.htuos?eht?no?egatnorf?tS?ht55?eht?ni?detcurtsnoc?eb?lliw?htap?suonimutib?ediw?toof-01?a?dna?,etiseht?fo?edis?htron?eht?no?WN?tS?ht65?gnola?dellatsni?eb?ll iw?seitilicaf?nairtsedeP?.tnempoleved?desoporpeht?fo?”54?toL“?no?detacol?yllanretni?,stnemesae?ytilitu?cilbup?nihtiw?seitilitu?cilbup?dna?sevird?etavirp?fonoitcurtsnoc?eht?edulcni?lliw?noisividbus?eh T?.tcirtsid?enoz?2-R?na?ni?detacol?,serca?49.7?no?toltuo?eno?dnastol?laitnediser?44?fo?gnitsisnoc?)talP?yranimilerP(?noisividbuS?dnaL?rojaM?a?gnisoporp?si?tnacilppa?ehT:evitarraN?tropeR.serca?49.7?no ?toltuo?eno?dna?stol?laitnediser?44?fo?noisividbus?eht?rof?,snoitidnoc?xis?htiw?,tseW?tsevraHsa?nwonk?eb?ot?,CLL?semoH?wolegiB?yb?TALP310-3202DC?.oN?noisividbuS?dnaL?rojaM?gnivorppA:detseuqeR?noitcA? ??4.G)tseW?tsevraH(?CLL?semoH?wolegiByb?TALP310-3202DC?.oN?noisividbuS?dnaL?rojaM NOITCA?ROF?TSEUQER hguoeGcM?dnomseD:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202 ?,61?rebotcO:ETAD?GNITEE T 708 tseW?tsevraH?TALP310-3202DC?-?airetirC?noisividbuS?dnaL?rojaMtseW?tsevraH?TALP310-3202DC?-?stnemmoC?weiveRtseW?tsevraH?TALP310-3202DC?-?slairetaM?lanoitiddAtseW?tsevraH?TALP310-3202DC?-?talPtse W?tsevraH?TALP310-3202DC?-?paM?noitacoLtseW?tsevraH?TALP310-3202DC?-?omeM?DC:stnemhcattA hguoeGcM?dnomseD:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoC? renwO-ytiC?ro/dna?tnemeergAtnempoleveD?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF repapswen?eht?ni?dehsilbup?dna?srenwo?ytrep orp?gnirobhgien?ot?tnes?eciton?cilbuP?:3202?,7?rebotcOnoitadnemmocer?lavorppA?-?gniteeM?noissimmoC?gninnalP?:3202?,72?rebmetpeSgniteeM?noitamrofnI?doohrobhgieN?:3202?,52?yluJ:tnemegagnE?ytinummoC?&?s noitcA?evitalsigeL?roirP.ytilibaniatsuS?lacsiF?fo?selpicnirP?eroC?nalP?evisneherpmoCseveihca?dna?nalP?tnempoleveD?lareneG?evitca?na?htiw?tnetsisnoc?si?talp?yranimilerp?desoporp?eh 709 to the satisfaction of RPU. utility plans comments must be addressed on the projectric and RPU Water RPU Elect ,Prior to acceptance of a Final Plat Application 3. names upon the final plat document. County Planning Department to revise private street names and provide revised Prior to acceptance of a Final Plat, the applicant shall coordinate with Olmsted 2. Plan shall be approved by Rochester Public Works.Management Prior to acceptance of a Final Plat Application, a Civil and Stormwater 1. Approval with Conditions Development Review Team Recommendation: construction, utility, and grading plansfuture ill ensure full compliance with A final plat will follow the Major Land Subdivision and w review. not part of the preliminary platare location, height, and setbacks, Site design standards, such as building and parking lot t on adjacent undeveloped land.public utility needs, and the future for developmenedestrian access /connectivity, ze, vehicle and pdevelopment standards, such as lot si Commission and City Council evaluates the subdivision for conformance with lotPlanning ubdivision review, the the creation of a subdivision. During the Major Land Sauthorizing he initial document is t Preliminary Plat Major Land Subdivision A: What is Considered City Council : Decision Body Preliminary Plat –Major Land Subdivision : Application Type PLANNING COMMISSION SUMMARY -G Applicant: , Tony BigelowBigelow Homes LLC. Property Owner: 55th Ave. NW.The site is located on the northwest corner of 55th St. NW and Location: into 44 residential lots and 1 outlot. LLC, to be known as Harvest West, for the subdivision of 7.94 acres 013PLAT, by Bigelow Homes -Major Land Subdivision #CD2023 Request: Rochester Community Development Prepared by: September 27 PLANNIG COMMISSION CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-55901Rochester, MN 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 710nds throughout the development, also exte 45Lot of the project. on the periphery area ccommodate the landscaping opment and will asurrounds all sides of the proposed devel 45Lot foot private drive. -All homes front upon a 20st or west facing orientation. aan esoutherly direction and 30 homes with oriented in a 14 homes of consisting proposed plat, 44) within the -development (Lots 1 )twin home(residential attached lots for 44 There are constructed.are and to the extent required dedicated have beenstreets abuttingdevelopment as all improvements will be required with this proposed and no public roadway -of-o new public rightNsidewalk. foot-5Ave NW, which already encompasses a th fronts 55Street frontage on the south. The east side of the parcel th path will be constructed in the 55foot wide bituminous -Street NW on the north side of the site and a 10 ht installed along 56will be edestrian facilities ot 45” of the proposed development. Public ROW p L“ onlocated , internally public utility easements ublic utilities withinprivate drives and pconstruction of lot. The subdivision will include the out propertycommunity common lots and one home)residential attached 7.94 acres into 44Plat proposes to subdivide PreliminaryThis Project Summary District Plan.(GDP241) and Special consistent with the Harvestview II General Development Plan isThe proposal district. 2 zoning-Rin the a permitted useproposal is residential (twin home) attached The applicant’s development. ”plexes and “attached residential duplexes, fourfamily, -: singledistrict allows for a mix of residential housing types including2 -RThe .district Small Lot) – Residential(Low Density 2 -Development Code in January of 2023, this site was redesignated under the City’s R Upon the implementation of the Unified house” residential development. “Town zoning designated this site for future special districtroved by Ordinance in 2005. The app , Harvestview II Special Districtsubject site was initially approved as part of the The Background & SUMMARYPROJECT BACKGROUND evelopment.dengineering plans for the project and installed with this included as part of the civil hall be s ) #INP( propertyonnecting west abutting cPrivate access drive 6. .est abutting propertywSt NW to the th of access to 56access easement providing right ned on the final plat as ashall be identifi ) #INP( abutting property westPrivate access drive providing connection to the 5. be met.recordation of a Final Plat, the development’s boulevard tree obligation shall Prior to 4. 013PLAT-CD2023 3 711 Residential Dwelling Units –1 (Mixed Single Family Residential) -R South: Residential Dwelling Unit –1 (Mixed Single Family Residential) -R Elementary School –1 (Mixed Single Family Residential) -R North: Undeveloped –MXS (Mixed Use Street) East: NDING LAND USESADJACENT ZONING AND SURROU Final Plat application.be finalized and approved prior to acceptance of the that will need to revisions to the utility plan, identified and Electric have Rochester Public Utilities Water erty.proptilities have been extended to the and u developmentOwner Contract for this -Cityapproved is :Public Facilities Small Lot) –2 (Low Density Residential -R Zoning: REQUEST ANALYSIS dog park. Amenities of the project include a pavilion and a90 degree parking off the private drive in three locations throughout the development. and 14 guest parking spaces, which include parallel parking along Serenity Dr. NW There are Street NW. th to 56 from the adjoining property across Lot 45 right of accessthe A condition of approval has included requiring the final plat to note .north of the site WNSt th 56 to specifically providing the right of access from the parcel on the westeasement be identified as a cross access also On the final plat this connection. developmentwith this to the west property line ns for the project and installed engineering plaas part of the civil includedaccess be is recommended that conditioned of approval, as a condition Ato the parcel on the west side of the project, which is also located on lot 45. There is one private drive that will provide connectivity Street NW on the north side. th with 56 points intersectwo access Tthat surround the development. easements upon all streets since there is existing access control three access points into the development There are to each of the proposed units.amenities and driveway access public utilities, guest parking, project areas, for internal landscaping providing the location 013PLAT-CD2023 4 712 4Section 60.500.040G -Major Land Subdivision Criteria 6. Agency Review Comments 5. Applicant’s Exhibits 4. Preliminary Plat 3. pma Site vicinity 2. Notification map 1. ATTACHMENTS .SubdivisionMajor Land upports approval of thiss Marshal’s Office The Rochester Fire ocated within the ISO rating 3. lresponse time, however it is targeted 4 minute fire en identified as being outside of the The site has be Emergency Response: .4.74 acresis lat Credits remaining after development of this pn. This plat is responsible for 1.07 acres of dedicatio). ac (5.81parkland dedication credits Harvestview existing Dedication shall be subtracted from theark P Parkland Dedication satisfaction of Rochester Parks and Recreation.boulevard tree obligation shall be met, to the the applicants Prior to recording the Final Plat, required for every 50 feet of frontage.One tree is along all public street. Boulevard trees :Boulevard Trees further review is required.No activity has already impacted the hydric soils.north side of the property, although previous grading There is a small area of Hydric Soil identified on the e within the Decorah Edge area. This site does not li Wetlands/Decorah Edge: approved prior to submittal of the Final Plat. and permit drainage planstormwater A grading and :Site Grading 013PLAT-CD2023 713 ( IN FEET )714 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to GRAPHIC SCALE 1 IN = 40 FT 715 columns will have inlets to capture runoff before it reaches the private road. There are multiple Street and five columns of structures running north/south. All of the backyards on the th back up to 56direction to better convey runoff to inlets within the site. The general layout has one row of houses which slab unit with living areas of 1220 to 1364 sq ft. Streets will be a minimum 20 feet wide and tip one streets, utilities and all greenspace with the project. The twin homes will be two bedroom, two bathroom ownership by a Home Owners Association (HOA). The HOA will be created for maintenance of private Harvest West will create 44 lots for 22 twin home buildings and 1 lot which will be under common Inlet 3 = 8.96 cfs Inlet 2 = 14.07 cfs Inlet 1 = 17.52 cfs identified as Inlet 3. Below are the 10 yr flow rates from prior drainage reports for the project area: was identified as Inlet 2. The easterly stub is an 18” RCP pipe at 2.00% which is bulk headed and buried which currently drains a temporary sedimentation basin still in place from the original site grading and the identities of Inlet 3 or SS-8 in prior drainage reports. The middle stub is an 18” RCP at 2.00 % slope design. The westerly stub is a 24” RCP at 1.00% slope which routes thru a storm structure that was had Our design accommodated connection to those stubs with flow rates equivalent or less than the original routes to a regional pond located to the north. Street NW which included three storm sewer stubs into the property. This system th system within 56Development Plan and subsequent street design and construction. There is an existing public storm was planned for a development of slightly higher impervious surfacing at the time of General Harvest West will develop the entirety of Lots 1 and 2, Block 1 of Harvestview Fifth Addition. This area Proposed Impervious: 3.60 acres (45.3%) Existing Impervious: 0.00 acres Undeveloped acres: 7.94 acres Project overview: specific development. provide interested parties a brief overview of the project as it relates to stormwater planning for this supporting documentation following Public Works Plan Review Application process. This summary is to related to the Harvest West project. The full Drainage Report will be submitted separately along with This memo summarizes the Drainage Report being prepared for review by Rochester Public Works Dear Community Development team, MEMO: Harvest West - Storm Water Management Plan summary Rochester, MN 55901 4100 West River Parkway NW, Suite 100Rochester Community Development August 25th, 2023 www.ggg.to ¨ Fax 507-867-1665 ¨Phone 507-867-1666 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 PLANNING SURVEYING ENGINEERING catchbasins connected by pipes along the south side of the east/west private road which further captures 716 Prepared by Mark Welch, PE is a requirement of the NPDES stormwater permit. to the existing public storm sewer system. The regional pond is sized for the Water Quality Volume that From this summary, you can see that Harvest West will not exceed rates of runoff that will be connected * does not account for future impervious that may be increased on undeveloped land to the west. Inlet 3 8.56 cfs 8.96 cfs Inlet 2 12.83 cfs 14.07 cfs Inlet 1 10.91cfs* 17.52 cfs Flows to Proposed design Existing design The design flow rates from the prior drainage report are listed in the last column: Flow calculations from the development of Harvest West calculated the following 10 year flow rates. whenever that property is developed. drainage easement will be platted which will allow for the undeveloped land to the west to connect Street platted as Harvestview Place. An inlet structure has been designed for th houses developed along 56site. There is flow from the adjacent undeveloped property to the west as well as flow from a row of The westerly system that connects to Inlet 1 (SS-8) is the only location where offsite flow impacts the split into three systems, each outletting into one of the three stubs into the property. and conveys runoff to the three stubs into the property. To disperse the flow to the inlets, the network is SITE SUMMARY 717 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to twinhome dwellingsNo recreation space is required forRecreation Space Required RECREATION AREA Provided (54.7%)7.94 AC - 3.60 AC (imp. Area) = 4.34 AC7.94*0.40 = 3.18 ACLandscape Area Required = 40%provided44*0.25 = 11 spaces required - 14 spacesUnitVisitor Parking: 0.25 per Dwellingattached garage for each unit44 Dwelling Units with 2 spaces inUnitMinimum Parking: 1 per Dwelling PARKING CALCULATIONS 56,848 SF (1,292 per Unit)BUILDING AREADwelling, Twin-homeR2 - Low Density Small LotZONING CLASSIFICATION ZONING 7.94 ACPROPERTY ACREAGE346,036 SFPROPERTY AREANot AssignedPROPERTY ADDRESS74.07.43.078475WEST 74.07.34.078476, EASTPARID www.ggg.to 718 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 719 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 720 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 721 1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 722 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 723 1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 724 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 725 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 1108.04 726 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to 1 IN = 30 FT( IN FEET )GRAPHIC SCALE 1080.321086.321086.821106.361096.571085 .721077.631074.621075.591076.751077.941079.621081.341083.251085.251087.251089.251091.251093.251095.251097.251099.251101.251103.211105.171106.79 GRAPHIC SCALE 727 1060.00 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to 1 IN = 30 FT( IN FEET ) 728undeveloped- Center Town - Seventh Harvestview 1 1, Lot DistrictResidential to District Center Town from amendments 2021 of DistrictCenter Town developed APARTMENTS HARVESTVIEW Seventh Harvestview 1 3, and 2 Lot 3-17-2021EXHIBIT USE LAND II HARVESTVIEW URD- Seventh Harvestview 1 4, Lot 729 consultant.ups have been directly emailed to the applicant and/or applicant's -Plan revisions are required. Plan mark RPU Water Review and electric concept. Contact RPU electric with questions or See attached for electric utility easement needed See attached comment in Accela software. RPU Electric Review9/7/2023 See attached comment in Accela software. Public Works Review tached comment in Accela software.See at Park and Rec Review Previous grading has impacted the hydric soils and no further wetland work is required, LGU9/8/2023 Review Comments uploaded in documents Fire Review9/6/2023 County Publ9/8/2023 See attached GIS referral document HarvestWestPP_Referral.pdf County GIS/E9119/8/2023 ResourcesCounty Environmental 9/8/2023 013PLAT-CD2023Application No:Agency Review Comments 1of 1Page 2:06:44 PM9/20/2023 730 d through the Building Permit review and approval process.and collecteDevelopment of each individual lot is subject to a Plant Investment Fee (PIF) that will be calculated as shown on the Site Plan. of the property sStreet NW frontage56th St NW and the th required concurrent with development along the entire pedestrian facilities is Ave NW. Construction of th The Owner has previously been charged for the sidewalk along 55 truction of any public infrastructure to serve the Property. easements is required prior to conssite public -Owner Contract, and dedication of any applicable on and off-Execution of a City accommodated for the abutting parcel to the west (PIN 71203).ement / agreement is required to address how future access will be A private cross access eas A TIS waiver is approved for this application. 014SDP application for the Rochester Arts & Sciences Academy.-R2008to SWMPAC, and subject to SWMD charges for what was not previously paid in 2008 as part of the property is subject Transportation Improvement related charges are paid for the Property. The entire Sanitary Sewer (SAC), Water Availability Charge (WAC), certain Storm Water related charges, and subject to the terms of the Agreement.perty. Development of the property is There is an existing Development Agreement for this pro Other comments that are not conditions of approval: .kmittlieder@rochestermn.govKyle Mittlieder at For civil plan related and city owner contract related questions, contact . terickson@rochestermn.govat Troy Ericksonpermit application. For stormwater related questions, contact along with a completed grading LDSubmittals@Rochestermn.govand approval should be emailed to review process, and prior to application approval. Civil and Stormwater Management Plans ready forCivil Plans & Stormwater Management Plan approval will be required through the site development :Final Plat applicationaddressed prior to item(s) that need to be development. The following are Harvest West, and the proposed PLAT310-3CD202 iMajor Land Subdivisent of Public Works has reviewed the application for mThe Depart /239/8DATE: Subdivision th Harvestview 5Lots 1 & 2, Block 1, ( )7475 & 87476PINs 8( Major Land Subdivision Harvest West FROM: Mark E. Baker 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development TO: 731 only.Sent to Planning Department via Accela The existing 18” stormwater sewer located in proposed Lot 6, Block 1 needs to be removed. www.ggg.to 732 Wade Neubauer 8/30/2023 Brent Bunke RPU Water-Reviewed THIS SEGMENT OF W/MMISSING PROFILE FOR , for the easement request form and contact Jamie Miller at public works.See, https://www.rochestermn.gov/government/departments/public-works/agreement-easement-requestsapproval of the SDP and final signing of the City-Owner Contract Plan Set. The proposed 20' water main utility easement will need to be recorded prior to or concurrent with the NOTE:REVIEW / APPROVAL. SET TO THE MN DEPT OF HEALTH FOR THEIR REMINDER TO SUBMIT THE FINAL SIGNED PLAN -DEPARTMENT FOR THEIR REVIEW / APPROVAL.HYDRANT LOCATIONS TO THE FIRE REMINDER TO SUBMIT THE PROPOSED F&I 8'' G.V. 3' W of teeF&I corporation and pigtail for testingF&I 8'' cap- mechanically restrained an in-house QA/QC before Resubmitting.Refer to City of Rochester Engineering Standards and make sure to do Plug tee S of hyd. leadaprons. W/M should be 3' min. clear off edge of bit. move San. S to East so w/m can have 10' separation and not be under driveway serviceHave all wat. serv. on outside of sanitary edge of bit. not be under driveway aprons. W/M should be 3' min. clear off move San. S. to the south so w/m can have 10' separation and 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 733 TYPE Kthe requirements of RPU Rules and Regulations. Minnesota Plumbing Code Chapter 4715 as adopted by the City and -Water service installations shall conform to the current version of the per City Detail Plate 6-19.sewer, then contractor shall furnish and install 4" polystyrene insulation be 18" min. vertical separation. If 12"-24" vertical separation with storm separation (18" preferred). Any and all crossings with water main shall -Any and all crossings with water service shall be 12" min. vertical -All water main and water services shall be 7' min. cover (10' max.).-All water main is public and all water services are private.ADD NOTES:WITHALL ON 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 734 SAN. S. AND W/M OVER.ABOUT SHIFTING THE SEE NOTE ON SHEET 1 CLEAR OF LIP OF CURB, W/M MUST BE 3' MIN. SIDE OF W-3 TEEMOVE W-4 GV TO WEST CONNECTIONAND INV. EL. OF STATIONING , AND CALL OUT PROFILE, LABELSHOW EX. W/M SHEETSLABEL ON ALL PROVIDE A MAX.) AND COVER (10' W/M AT 7' MIN. DESIGN ALL MAKE SURE TO PLAN & PROFILE VIEWS AND CALL OUT THE QUANTITY. INSULATION PER CITY DETAIL PLATE 6-19 IN BOTH THE STORM SEWER THEN SHOW F&I 4" POLYSTYRENE SEPARATION WITH W/M. IF 18"-24" BETWEEN W/M AND SEPARATION DISTANCE. MUST BE 18" MIN. VERTICAL PIPE EL., INV. EL., AND DIMENSION THE VERTICAL SUBMITTAL (STATIONING OF CROSSING POINT, TOP OF REMINDER TO PROVIDE ALL CROSSING INFO ON NEXT \[ALL SHEETS\]SEPARATION. HORIZONTAL MIN. CLEAR MUST BE 10' STORM S. AND W/M AND AND SAN. S. BETWEEN W/M DIMENSION MAKE SURE TO CONFIGURATIONSEE SHEET 1 FOR 1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 735READABLETEXT IS MAKE SURE ALL CONNECTIONAND INV. EL. OF STATIONING , AND CALL OUT PROFILE, LABELSHOW EX. W/M 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 736CROSSINGTHE POINT OF SEPARATION AT MIN. VERTICAL W/M HAVE 18" CROSSING THE SAN. SERVICES MAKE SURE 1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 737CROSSINGTHE POINT OF SEPARATION AT MIN. VERTICAL W/M HAVE 18" CROSSING THE SAN. SERVICES MAKE SURE 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 www.ggg.to 738 1" = 20'HORIZONTAL SCALEELACSLACITREV1" = 20'HORIZONTAL SCALEELACSLACITREV 14070 Hwy 52 S.E.Chatfield, MN 55923 SURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665 739 740 Rochester Fire Department Assistant Fire Marshal Jason Fife cerely,Sin The Rochester Fire Marshal’s Office approves of this subdivision . , however it is located within the ISO rating 3response timeSubdivision and we have found this is outside of our 4 minutes Harvest Westthe a review of the plans submitted for The Rochester Fire Marshal’s Office has conducted the northwest corner of 55th Street NW and 55th Avenue NW.. The site is located on out lotsubdivision of 7.94 acres into 44 residential lots and 1 Bigelow Homes LLC, to be known as Harvest West, for the by 013PLAT -CD2023RE: Rochester, MN 55901 4001 West River Parkway Suite 100 Community Development Department , 20236September 2829-328-507Fax: FIRE MARSHAL DEPARTMENT FIRE 201 4th Street SE 741 3726-STE 10, Rochester, MN 55904 - Jeff Feece 742 2515.-328-sheet is available through the Forestry Division at 507ee planting information A boulevard tr closer to when tree planting is intended to occur.condition upon submittal of a separate planting permit as required by ordinance at a time will be specifically reviewed for species, locational criteria, and site per the LDM 64.160, rtment Boulevard Trees, if required and identified by the community development depa • IREMENTSUREQ BOULEVARD TREE ).07 = 4.741. –4.74 acres (5.81 plat would beremaining after this acres of dedication. Credits his plat is responsible for 1.07. T)(5.81dedication credits arkland subtracted from the Harvestview pbe shall dicationPark De • IREMENTSUPARK DEDICATION REQ Fair market value of land……………………………………… acres 1.07 Required Dedication ………………………………………… 24400. Density factor…………………………………………………… Units 44 ……………………………………...Number of dwelling units acres 7.94 Acreage of plat…………………………………………………. 013Plat-CD2023 WestHarvestview RE: Community Development TO: August 31, 2023 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION jfeece@rochestermn.gov 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 743 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 ORKS W UBLIC P OUNTY C LMSTED O 7101-- GIS Analyst / Addressing cCollisterDave M office.To address issues listed above, please contact our HARROW AVE NW needs to be changed to HARROW LN NW to be valid. street type.orrect . CT is the cBLUESTEM CT NW is not valid. A new street name will need to be submitted GOLDEN AVE NW is valid. et type of PL needs to be submitted.A new street name and streSERENITY ST NW is not valid. eworked.names need to be rPrivate street Final plat GIS impact and E911 addressing fees will be required when final plat is submitted. plat GIS impact fees have been paid.Preliminary ROADWAY, or ADDRESS related issues are present shows the following:PLAT to determine any existing or potential GIS, PRELIMINARYHARVEST WEST A review of the T WEST PRELIMINARY PLAT GIS REFERRALHARVES RE: ADAM NOWINSKI CC: DAVE MCCOLLISTER FROM: BIGELOW HOMES LLC, MARK WELCH TO: SEPTEMBER 7, 2023 DATE: REFERRALPLAT PRELIMINARY HARVEST WEST AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning: 744 M 745 selpaC?drawdE:yB?deraperP.gnissecorp?dna?tnempoleved?noitacilppa?ni?sesnepxe?sseldeenfo?ytiC?eht?seveiler?tcirtsiD?supmaC?lacideM?eht?,yllanoitiddA?.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempole ved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF repapsweN?ni?dehsilbuP?gniraeH?cilbuP?fo?ecitoN?:3202?,7?rebotcO?.lavorppA?dna ?gniraeH?cilbuP?-?gniteeM?noissimmoC?gninnalP?:3202?,72?rebmetpeSdevorppA?nalP?raeY-eviF?cinilC?oyaM?:2202?,32?yraurbeFtcirtsiD?laicepS?supmaC?troppuS?oyaM?eht?fo?noitpodA?:3002?,22?yraunaJtcirtsiD?l aicepS?supmaC?lanoitutitsnI?lacideM?eht?fo?noitpodA?:1991?,81?hcraM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytilibaniatsus?lacsif?gnizisahpme?dna?esudnal?dna?tisnart?gnitargetni?fo?selpicnir P?eroC?nalP?evisneherpmoC?eht?seveihca?tnemdnemA?txeT?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP.sraey?evif?txen?eht?rofstcejorp?laitnetop?tuo?syal?dna?stnempoleved?suoiverp?spacer?nalp?sihT?.oyaM?yb?de raperp?stnemucodnalp?tnempoleved?raey-evif?,mret-trohs?fo?noitpoda?dna?noissimbus?eht?stcerid?tcirtsiD?eht?,stroffegninnalp?erutuf?ni?ytiC?eht?dia?oT?.ytiC?eht?rof?semoctuo?elbatciderp?sedivorp?hcihw ?,gnittes?supmaca?ni?sesu?dnal?detaler-lacidem?fo?tnempoleved?eht?stsissa?tcirtsiD?sihT?.sgnidliub?sti?fo?pihsnoitalerdetcennocretni?eht?dna?cinilC?oyaM?fo?erutan?euqinu?eht?segdelwonkca?hcihw?,)tcir tsiD?laicepS?supmaClanoitutitsnI?lacideM(?cinilC?oyaM?rof?tcirtsiD?gninoZ?yalrevO?laicepS?a?detpoda?ytiC?eht?,1991?hcraM?nI?.evitaitini?dnuobnU?.drawroF?.dloB?s'oyaM?htiw?detaicossa?stcejorperutuf?se taroprocni?nalp?ehT?.lavorppa?dna?weiver?rof?etadpu?nalP?raeY-eviF?sti?stneserp?cinilC?oyaM:evitarraN?tropeR.gnidaer?tsrif?rof?ecnanidrO?na?eraperp?ot?yenrottA?ytiC?eht?gnitceriD?.2.stcirtsiD?slaicep S?supmaC?troppuS?oyaM?dna?supmaC?lanoitutitsnI?lacideMcinilC?oyaM?eht?rof?nalP?raeY-eviF?eht?gnitadpU?,AT200-3202DC?.oN?tnemdnemA?txeT?gnivorppA?.1:detseuqeR?noitcA???5.GcinilC?oyaM?yb?AT200-3202DC?. oN?tnemdnemA?txeT NOITCA?ROF?TSEUQER selpaC?dE:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE A 746 AT200-3202DC?-?stnemmoC?weiveRAT200-3202DC?-?lattimbuS?nalP?raeY-eviFAT200-3202DC?-?omeM?DC:stnemhcatt CD 747 West of side east the along situated property to applies district special This Ordinances. of Code Rochester the of 64N Chapter under property owned-Mayo to applicable ictdistr zoning special second a adopted Rochester of City the 2003, 22, January On boundaries. district the within Clinic Mayo of ownership the in properties those only to applicable are district special the in within contained uses permitted additional and regulations development The regulations. zoning different have zoning standard under which Zone) Transitional East Zone, Transitional West West; Primary Central; (Primary districts-sub four has district special The Hospital. Mary’s Saint to downtown from SW St 2nd along and campus, medical downtown the around in, area an overlay boundaries district special The systems. management transportation and employees and visitors for distribution parking connections, building skyway and subway private and public ,delivery and handling materials specialized with Mayo by provided is “campus” The system. street public a by supported blocks city of collection a on “campus” a as developed uniquely is center medical Rochester the how recognize regulations zoning District Special The investment. private and public future for plan effectively to Clinic Mayo and City the enabling while City the of vitality increase and growth continued facilitate to important is District Special The framework. development campus a utilizing by uses land medical of development the encourage and goals community achieve efficiently and effectively to is District Special the of purpose The 3).-(SD #2726 Ordinance - District” Special Campus “Medical the called district zoning overlay special a adopted Rochester of City the 1991, of March In INFORMATION BACKGROUND AND SUMMARY Approval Recommendation: Team Review Development Council City Rochester Body: Approval policies. City other and Plan the with consistent is amendment the whether and amendment, the for need public a is there if determines and Ordinance Zoning the to changes suggested reviews Council process Amendment Text the During Considered? is What Amendment Text Type: Application SUMMARY COUNCIL AND COMMISSION years. 5 next the through plans building potential Mayo’s report and development, previous of summary a recount to Clinic Mayo by 002TA,-#CD2023 Update Plan Year-5 Clinic Mayo :Request Development Community Rochester :by Prepared 2023 27, September COMMISSSION PLANNING ROCHESTER Development Community Rochester 1 TA002- CD 748 2023. 16, October on matter the hear to scheduled is Council City the and 2023, 27, September on Clinic Mayo the of representatives from presentation the receive will Commission The ACTION REQUIRED .plan update new and plan current the enbetwe projects of carryover is there and constructed be will plan year-five new the in identified projects all Not .74 epag through continues and 65 page on insbeg which 9.0” Section“ in found is period year-five next the for projects potential the of list updated The Rochester. in presence physical Clinic’s Mayo the on information with filled is report The report. this to attached is document Plan Year-Five 3202 page-134 entire The document. the on comments provide and detail in document the review to representatives, Clinic Mayo with nda internally, times multiple met has Team Review evelopmentD eTh years. five next the for plans/upgrades infrastructure and Guidelines, Design DMC Rochester of City Plan, Master Downtown City’s the with consistent is pdateU Plan Year-Five 3202 The plan. master the with inconsistencies are there that found is it sunles approved be must plan year-five The Council. City and Commission Planning the before hearings public at updates plan Year-Five the on make to Clinic Mayo the requires ordinance special District Special Campus Medical the fo 64D.300 Section 2022. and 2016, 2012, 2006, 2001, 1996, in updated subsequently was plan The 1991. 6, August on adopted was update plan year-five first The UNBOUND. FORWARD. BOLD. recent its with Plan Year Five the align and support will eupdat This period. year-five next the over undertake may Clinic Mayo projects building potential reports also plan year-five The current. is plan the in information base the that so years five previous the in made been have that changes the identifying is Plan Year-Five the prepare to work the of majority vast The 3). (Section buildings Clinic Mayo of yinventor cumulative the to added footage square building new via years, five previous the in changes the recount plans year-five The Clinic. Mayo by edprepar documents plan development year-five or term, short of adoption and submission the requires ordinance district special the efforts, planning growth and infrastructure its in City the aid To area. Mary’s Saint the and campus (downtown) Central the orf Plan Master a of adoption the incorporated District” Special Campus “Medical The UPDATE PLAN YEAR-FIVE .2023 ,22 September dated Update Plan Year-Five the of copy attached the of 10 Section in found are rdinanceso district special the of texts The District”. ecialSp Campus Support “Mayo as known is and NW, St 41st of north 22), (CSAH Drive Circle 2 TA002- CD 749 ommentsC eviewR 2. ubmittalS pdateU lanP earY-iveF 1. ATTACHMENTS Update. Plan Year-Five Clinic Mayo the on Council City Rochester the to Approval of recommendation a forward Commission Planning the that recommends Development Community RECOMMENDATION DEVELOPMENT COMMUNITY resolution. a adopting by plan Year-Five new the approve may hearing, public the of close the following Council, The Council. City the to Plan Year-eFiv the on recommendation their state motion by should Commission Planning The 3 TA002- 750 2 751 CONTENTS TABLE OF 56 Utility Infrastructure 07 51 Subways and Service Docks Materials Handling and Distribution, 06 36 Campus Parking and Vehicular Circulation 05 34 Mayo Clinic Employee Distribution 04 21 Building?Square?Footage 03 12 Mayo Property Ownership and Property Acreage 02 05 Support Campus Special District-District?De?nitions?and?Boundaries SubMedical Institutional Campus Special District 01 04 Introduction NO PAGE DESCRIPTIONSECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 3 752 CONTENTS TABLE OF 75 Response Letter City of Rochester Community Development G.#3534 (2003), #4052 (2011) Zoning Ordinance #2726 (1991), #3669 (2004), Districts?and?De?ning?the?Contents?of?Th is?Report Historical Zoning Codes Creating the Mayo Clinic Special F.Uni?ed?Development?Code?Excerpts E.Central Development Core Zoning District Regulations D.Building Address and Abbreviations C.City Plat Block Numbers B.Glossary of Terms A.Appendix 10 65 tside the Medical Institutional and Special DistrictsuOMayo Support Campus Special DistrictCentral Sub-District and West Sub-District Potential Projects 09 59 Urban Green Space 08 NO PAGE DESCRIPTIONSECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 4 753 and are recorded at the beginning of each chapter.statistics?are?subject?to?change,?in?some?cases,?on?a?weekly?basis.?The?cuto??dates?for?each?data?set?vary?slightly?*The?data?reported?in?the?f ollowing?chapters?represents?a?snapshot?in?time.?We?acknowledge?that?these?City of Rochester Unified Development CodeDestination Medical Center District Design Guidelines – June 2017 Rochester?Rapid?Transit?Project Growth – September 2014Envision UMR (University of Minnesota Rochester) – A Campus Master Plan for the Next Chapter of Rochester Comprehensive Plan 2040 – April 2018Destination Medical Center (DMC) Development Plan – 2020 Update Planning?initiatives?considered?in?the?preparation?of?the?2023?Five-Year?Plan?Update?include:2023 column.planning, announced as “Bold. Forward. Unbound. In Rochester.” These values are estimated changes to the under?construction?or?planning,?but?not?complete?as?of?March?31,?2023.?This?includes?projects?in?prelim inary?heading?indicates?the?estimated?change?in?values?to?the?2023?data?based?on?signi?cant?projects?currently?New to this report is a column called “Estimated Future Expansion.” Data and information shown under this Mayo’s?neighbors?and?the?City?of?Rochester.possible,?every?e?ort?has?been?made?to?keep?the?Five-Year?Plan?Update?‘in?step’?with?the?shared?vision?of?intent of this document to duplicate, contradict, or supersede any previous or ongoing initiatives. Wherever use, livability, economic development, higher education, sustainability, and historic preservation. It is not the As?an?integral?part?of?the?downtown?fabric,?Mayo?is?engaged?in?planning?e?orts?on?many?levels,?including?land?the concept of integrated multi-campus wide operations and functional inter-relationships.the Special District land use and zoning controls. Mayo Clinic facilities and operations are organized around updated narratives and graphics demonstrate the continued support by Mayo Clinic for the concept of Chapter 64N requiring Five-Year Plan Updates for the Mayo Support Campus Special District.Updates for the Medical Institutional Campus Special District.The provision in Chapter 64D of the Rochester, Minnesota, Code of Ordinances requiring Five-Year Plan This?document?is?being?submitted?by?Mayo?Clinic?in?ful?llm ent?of:INTRODUCTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 5 754 SPECIAL DISTRICT MAYO SUPPORT CAMPUS AND BOUNDARIES DISTRICT DEFINITIONS -CAMPUS SPECIAL DISTRICT MEDICAL INSTITUTIONAL FINAL REPORT |MAYO CLINICFive-Year Plan Update | 6 755 support functions.restrictions, although the emphasis in such areas will be medical-related extended care, housing, andSome Primary Medical Institutional uses may occur in transition areas, which will have more zoning scale?and/or?active?uses,?and?adjacent?neighborhood?residential?uses.Institutional?Sub-Districts.?These?are?intended?to?provide?a?bu?er,?or?physical?transition,?be tween?large- - Transition areas are located at the periphery of both the Central and West Primary Medical Transition as well as education and research functions and related medical support functions.These two areas include the core of Mayo Clinic institutional uses, in-patient and out-patient medical care, their own zoning constraints.District”) campuses, create a Medical Institutional Campus Special District with two sub-districts, each withMethodist Campus (“Central Sub-District”) and Mayo Clinic Hospital Saint Marys Campus (“West Sub- - The two areas, which correspond to the Mayo Clinic and Mayo Clinic Hospital Primary Medical Institutional The?functional?areas?related?to?the?Special?Districts?are?de?ned?as?follows:DISTRICT DESCRIPTIONS Medical Institutional District. The Support Campus Special District boundaries are shown on page 11.certain decentralized administrative and support functions, thereby relieving congestion in the Primary was created in 2003 to allow contiguous growth of Mayo Support Campus Special District The campus-wide?operations.?Functions?in?the?Mayo?Support?Campus?Special?District?are?de?ned?se parately.the Special District, but are included here for purposes of illustration in support of the concept of integrated part?of?the?Special?District,?while?Non-Contiguous?Support?properties?are?not ?de?ned?or?mapped?as?part?of?Marys?Hospital?campuses.?Primary?Medical?Institutional?and?Transition?areas?are?de?ned?and?mapped?as?development of medical institutional land uses in a campus setting at the Mayo Clinic Downtown and St. was created in 1991 to assist and encourage the Medical Institutional Campus Special District The Non-Contiguous Support Mayo Support Campus Transition Primary Medical Institutional This?Five-Year?Plan?Update?addresses?four?distinct?zones?for?accommodating?Mayo?Clinic?Rochester?functions:MAYO SUPPORT CAMPUS SPECIAL DISTRICTDISTRICT DEFINITIONS AND BOUNDARIES- SPECIAL DISTRICT 1.0 MEDICAL INSTITUTIONAL CAMPUS Medical?Institutional?Campus?Special?District,?Sub-District?De?nitions?and?Boundaries,?Mayo?Sup port?Campus?Special?District 01 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 7 756 Page 10 shows the relationship between these sub-districts and current zoning and property ownership.is proposed at this time. south across 3rd Street to include the Mayo Foundation House. No further expansion of the Wes Sub-District of?2nd?Street?SW?including?the?Ronald?McDonald?House?and?The?Gift?of?Life?Transplant?House?and?blocks? West Sub-District was expanded eastward in the 2011 Five-Year Update to include properties on both sides DISTRICT-WEST SUB Central Sub-District is proposed at this time. cluding?the??rst?phase?of?the?DMC?Discovery?Square?project. ?No?further?expansion?of?the??ve-year?period,?in?page?9.?The?boundaries,?as?currently?de?ned,?are?consistent?with?growth?projections?for?the?next?are shown on 5th?and?6th?Avenues?NW?extending?north?t o?Civic?Center?Drive.?The?current?Central?Sub-District?boundaries?sides?of?2nd?Street?SW,?the?former?Lourdes?High?School?building?on?West?Center?Street,?and?the?blocks?between? Central Sub-District was expanded westward in the 2011 Five-Year Update to include properties on both DISTRICT-CENTRAL SUB No changes to the district boundaries are proposed as part of this update.district?boundaries?were?modi?ed?in?the?2011?Five-Year?Update?and?adopted?into?the?City?ordinances?in?2012.?education,?and?research?continues?to?be?realized.?In?anticipation?of?projected?grow th?over?the?next?25?years,?growth. Mayo Clinic expects this growth to continue, so that its cutting-edge global mission in patient care, both the City and Mayo Clinic to plan infrastructure and facility investments to enable and accommodate this Medical?Institutional?Campus?Special?District?proposed?in?1985,?and?established?in?1991,?has?e?ectively?allowed?and?area?through?the?past?35?y ears,?Mayo?Clinic?in?Rochester?has?seen?an?even?greater?rate?of?growth.?The?While?the?City?of?Rochester?has?grown?signi?cantly?in?population?(57,890?in?1985?to?121,395?per?the?2020?Census)?SPECIAL DISTRICTINSTITUTIONAL CAMPUS PROPOSED MODIFICATIONS AND ADDITIONS TO THE MEDICAL See page 8 for the relative location of all special districts.Medical District.to primary medical areas may be relocated to this campus. This strategy is intended to relieve the Primary?-?Administrative?and?support?functions?not?needing?direct?adjacency?Administrative and Support Functions relieve congestion and provide convenience for patients in the Rochester community.on dispersed sites. Primary care facilities are now located outside the primary and transition zones to and other support functions, such as administration and research support that can functionally be located Uses?on?non-contiguous?parcels?may?include?parking,?receiving,?and?warehousing,?waste?man agement provisions.where?possible.?Buildings?on?these?non-contiguous?parcels?are?subject?to?underlying?existing?zoning?code decentralized many support facilities to dispersed sites outside the Primary Medical Institutional areas - To minimize congestion and other potential impacts, Mayo Clinic has Non-Contiguous Support Medical?Institutional?Campus?Special?District,?Sub-District?De?n itions?and?Boundaries,?Mayo?Support?Campus?Special?District 01 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 MAYO CAMPUS OVERVIEW 757 Olmsted County, MinnesotaCITY OF ROCHESTER | MAYO CAMPUS OVERVIEW Medical?Institutional?Campus?Special?District,?Sub-District?De?nitions?and?Boundaries,?Mayo?Support?Campus?S pecial?District 01 |SECTION FINAL REPORT |MAYO CLINICSEPTEMBER 22, 2023 8 ViewportsLarge Scale Campus Mayo Clinic support InstitutionalPrimary Medical MAP LEGEND FACILITY SOUTHAMBULANCE INCINERATOR/DISTRICTS-SUBWEST/CENTRALSPECIAL DISTRICTSUPPORT CAMPUS 1414525263636390 Olmsted County, MinnesotaCITY OF ROCHESTER | SUBDISTRICT?EXISTING?BOUNDARIES 758 CENTRAL & WEST SUBDISTRICT SUBDISTRICT?EXISTING?BOUNDARIES Medical?Institutional?Campus?Special?District,?Sub-District?De?nitions?and?Boundaries,?Mayo?Support?Camp us?Special?District 01 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 9 Transition ZonesMayo Clinic Owned BuildingSubdistrictsPrimary Medical Institutional MAP LEGEND LOT 5PARKINGLOT 10PARKINGINNAVENUE5TH SUBDISTRICTCENTRALSUBDISTRICTWEST PARKING LOTCIVIC CENTERPARKING LOTCENTER GOVERNEMENT CENTERCIVIC MAYO NORTH PARKING LOTCIVIC CENTER WAREHOUSEARCHIVES WAREHOUSENORTH BUILDINGMARY BRIGHBUILDINGGENEROSERAMPGENEROSE RAMP EASTPARKING HOSPITALSAINT MARY’S PARKMARY’SSAINT PLANTPOWER CHAPELDOMITILLAALFRED)#9(RAMP PARKING EMPLOYEE WEST CHURCHST. JOHNSRAMPPARKING DAMON DAHLCHIGH SCHOOLLOURDES FORMER LODGEHOPELOT 15PARKING INNMOTORBRENTWOOD STORAGEMAINTENANCERMHLOT 22PARKING LOT 20PARKING BUILDINGPLUMMER SQUAREBRACKENRIDGE WAREHOUSESOUTH )#35(LOT SHUTTLE EAST CENTERGOVERNEMENT RAMPPARKING MARKET ZUMBRO SQUAREDISCOVERY TWOSQUAREDISCOVERY ONERAMPPARKING STREET 3RD CENTERBUSINESSMN BIOBUILDING201 STATIONHEATING FRANKLIN BUILDINGSTABILEBUILDINGHILTON CENTERSTUDENT MITCHELL BUILDINGGUGGENHEIM LOT 6PARKINGLOT 28PARKINGLOT 37PARKINGBUILDINGCENTRE CITY RAMPPARKING STREET 2NDINNHOLIDAY BANKMARQUETTE HOTELDOUBLETREEOFFICEUS POST RAMPPARKING STREET 1ST LIBRARYPARKING RAMPCIVIC CENTER PAVILLIONPARKS ROSA AVENUE100 FIRST PLACECENTERHOTELMARRIOT BUILDINGSIEBENS BUILDINGWESTOZMUN BUILDINGCENTEROZMUN BUILDINGEASTOZMUN RAMPPARKING OZMUN LOT 3APARKING LOT 26PARKING LOT 25PARKING LOT 27PARKING LOT 24PARKING LOT 11PARKING CHURCHMETHODIST UNITED CHRIST RAMPSQUARE DISCOVERY LOT 18PARKING LOT 3PARKING BUILDINGKELLENBUILDINGOPUSBUILDINGSCIENCE MEDICALPARKING RAMPBUILDINGBALDWINBUILDINGHARWICK CHURCHEPISCOPALCALVARYBUILDINGMAYOBUILDINGGONDAHOTELKAHLERWELLS FARGORAMPPARKING STREET CENTER BUILDINGLOGISTICSEAST BUILDINGEISENBERG HOSPITALMETHODIST ROCHESTER BUILDINGCHARLTONSUITESEXECUTIVEKAHLER )#23(RAMPEMPLOYEE EAST BUILDINGJACOBSONNORTHCHARLTONHOUSECHAR TER BUILDINGJOHNSON UTILITY PLANTPROSPECT RAMPGRAHAMRAMPSTREET1STLOT 29PARKING LOT 30PARKING LOT 17PARKING LOT 16PARKING LOT 31PARKING HOUSEDAMON HOUSEFOUNDATION HOUSEWALTER HOUSEMCDONALD RONALD GIFT OF LIFELIFEGIFT OF & SUITES2ND STREET INN JOSEPHFRANCISHOUSEHERMAN CENTRAL & WEST SUBDISTRICT MODIFICATION CENTRAL?&?WEST?SUBDISTRICT?ZONING 759 CENTRAL?&?WEST?SUBDISTRICT?ZONING Medical?Institutional?Campus?Special?District,?Sub-District?De?nitions?and?Boundaries,?Mayo?Support?Campus?Special?District 01 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 10 *For?de??nitions,?please?see?Appendix MXS(Includes R1,R2x,R3,R4)RESIDENTIAL Medical MXD-MED Fringe MXD-FR Central Business District MXD-BUS MAP LEGEND LOT 5PARKINGLOT 10PARKINGINNAVENUE5TH SUBDISTRICTCENTRALSUBDISTRICTWEST PARKING LOTCIVIC CENTERPARKING LOTCENTER GOVERNEMENT CENTERCIVIC MAYO NORTH PARKING LOTCIVIC CENTER WAREHOUSEARCHIVES WAREHOUSENORTH BUILDINGMARY BRIGHBUILDINGGENEROSERAMPGENEROSE RAMP EASTPARKING HOSPITALSAINT MARY’S PARKMARY’SSAINT PLANTPOWER CHAPELDOMITILLAALF RED)#9(RAMP PARKING EMPLOYEE WEST CHURCHST. JOHNSRAMPPARKING DAMON DAHLCHIGH SCHOOLLOURDES FORMER LODGEHOPELOT 15PARKING INNMOTORBRENTWOOD STORAGEMAINTENANCERMHLOT 22PARKING LOT 20PARKING BUILDINGPLUMMER SQUAREBRACKENRIDGE WAREHOUSESOUTH )#35(LOT SHUTTLE EAST CENTERGOVERNEMENT RAMPPARKING MARKET ZUMBRO SQUAREDISCOVERY TWOSQUAREDISCOVERY ONERAMPPARKING STREET 3RD CENTERBUSINESSMN BIOBUILDING201 STATIONHEATING FRANKLIN BUILDINGSTABILEBUILDINGHILTON CENTERSTUDENT MITCHELL BUILDINGGUGGENHEIM LOT 6PARKINGLOT 28PARKINGLOT 37PARKINGBUILDINGCENTRE CITY RAMPPARKING STREET 2NDINNHOLIDAY BANKMARQUETTE HOTELDOUBLETREEOFFICEUS POST RAMPPARKING STREET 1ST LIBRARYPARKING RAMPCIVIC CENTER PAVILLIONPARKS ROSA AVENUE100 FIRST PLACECENTERHOTELMARRIOT BUILDINGSIEBENS BUILDINGWESTOZMUN BUILDINGCENTEROZMUN BUILDINGEASTOZMUN RAMPPARKING OZMUN LOT 3APARKING LOT 26PARKING LOT 25PARKING LOT 27PARKING LOT 24PARKING LOT 11PARKING CHURCHMETHODIST UNITED CHRIST RAMPSQUARE DISCOVERY LOT 18PARKING LOT 3PARKING BUILDINGKELLENBUILDINGOPUSBUILDINGSCIENCE MEDICALPARKING RAMPBUILDINGBALDWINBUILDINGHARWICK CHURCHEPISCOPALCALVARYBUILDINGMAYOBUILDINGGONDAHOTE LKAHLERWELLS FARGORAMPPARKING STREET CENTER BUILDINGLOGISTICSEAST BUILDINGEISENBERG HOSPITALMETHODIST ROCHESTER BUILDINGCHARLTONSUITESEXECUTIVEKAHLER )#23(RAMPEMPLOYEE EAST BUILDINGJACOBSONNORTHCHARL TONHOUSECHARTER BUILDINGJOHNSON UTILITY PLANTPROSPECT RAMPGRAHAMRAMPSTREET1STLOT 29PARKING LOT 30PARKING LOT 17PARKING LOT 16PARKING LOT 31PARKING HOUSEDAMON HOUSEFOUNDATION HOUSEWALTER HOUSEMCDONALD RONALD GIFT OF LIFELIFEGIFT OF & SUITES2ND STREET INN JOSEPHFRANCISHOUSEHERMAN 11 760 Outside of DistrictLeased Campus Mayo Clinic PropertyMayo Clinic Owned BuildingSpecial DistrictSupport Campus MAP LEGEND DISTRICTSUPPORT WAREHOUSE600WAREHOUSEBUILDINGPROFESSIONAL 41ST STREET LOTPARKING GOLF COURSENORTHERN HILLS LOTPARKING CENTERSUPPORT )(BUSINESS CENTER VALLEY HIGH )(BUSINESS CENTER VALLEY HIGH )(EXPRESS CARE MAYO CLINIC CREDIT UNION41ST STREET SUPPORT CENTERSUPERIOR DRIVE WAREHOUSE40TH AVENUE WAREHOUSEMAYO FACILITIES BUILDINGMARVIN CENTERINVENTORY DRIVE CENTERTECHNOLOGY WAREHOUSETECHNOLOGY DRIVE PROJECT SUPPORTDEVELOPMENT SUPPORT?CAMPUS?SPECIAL?DISTRICT?BOUNDARIESSUPPORT?CAMPUS?SPECIAL?DISTRICT?BOUNDARIES Medical?Institutional?Campus?Special?District,?Sub-District?De?nitions?and?Boundaries,?Mayo?Support?Campus?Specia l?District 01 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 12 761& PROPERTY ACREAGE MAYO PROPERTY OWNERSHIP FINAL REPORT |MAYO CLINICFive-Year Plan Update | 13 762 373.21 43.20 54.90 57.81 )(TOTAL?AREA?SUMMARY?OF?TOTALS to?delineate?the?amount?of?Mayo-owned?property?within?the?scope?of?this?mapping?project.The boundaries as shown are approximate and are intended for illustrative purposes only. They are intended 373.21 Mayo Clinic-owned property outside of the Sub-Districts but within Rochester city limits.CONTIGUOUS SUPPORT AREA-NON 43.20 54.90 57.81 SPECIAL DISTRICT AREA noted, and is summarized on this page.District as well as properties outside the Districts. All data is current as of March 31, 2023, unless otherwise and?adjacent?to?the?Primary?Medical?Institutional?Sub-Districts,?within?the?Mayo?Support?Campus?Special?The tables and graphics on the following pages illustrate current property ownership by Mayo Clinic within & PROPERTY ACREAGE 2.0 MAYO PROPERTY OWNERSHIP Mayo Property Ownership and Property Acreage 02 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 14 763 0.640.931.701.810.490.301.021.130.522.271.474.112.661.812.751.692.374.092.210.860.801.790.792.271.061.361.361.759.182.63)ACRES(TOTAL?AREA?)DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB)as of 1/1/2021(PROPERTY?AREA?SUMMARY?Mayo Property Ownership and Property Acreage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 15 764)(TOTAL?AREA?)NORTHWEST CAMPUS(MAYO SUPPORT CAMPUS SPECIAL DISTRICT 2.890.992.711.381.961.351.09)(TOTAL?AREA?DISTRICT-WEST SUB)AS?OF?1/1/2021(PROPERTY?AREA?SUMMARY?Mayo Property Ownership and Property Acreage 02 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 16 765 3.274.260.4527.900.460.260.830.360.192.858.635.5611.719.700.5628.070.8519.637.869.603.240.791.12)ACRES(TOTAL?AREA?)OWNED-MAYO(OUTSIDE DISTRICT )as of 1/1/2021(PROPERTY?AREA?SUMMARY?Mayo Property Ownership and Property Acreage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 17 766 6.787.650.740.74)(TOTAL?AREA?)CONT.( )OWNED-(OUTSIDE DISTRICT )as of 1/1/2021(PROPERTY?AREA?SUMMARY?Mayo Property Ownership and Property Acreage 02 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 PROPOSED?SUBDISTRIC?BOUNDARIES 767 CENTRAL & WEST SUBDISTRICT MAYO?CLINIC?PROPERTY?OWNERSHIP Mayo Property Ownership and Property Acreage 02 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 18 Mayo Clinic Property Transition Zone with Transition ZonesMayo Clinic PropertyMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND LOT 5PARKING SUBDISTRICTCENTRALSUBDISTRICTWEST PARKING LOTCIVIC CENTERPARKING LOTCENTER GOVERNEMENT CENTERCIVIC MAYO NORTH PARKING LOTCIVIC CENTER WAREHOUSEARCHIVES WAREHOUSENORTH BUILDINGMARY BRIGHBUILDINGGENEROSERAMPGENEROSE RAMP EASTPARKING HOSPITALSAINT MARY’S PARKMARY’SSAINT PLANTPOWER CHAPELDOMITILLAALFRED)#9(RAMP PARKING EMPLOYEE WEST CHURCHST. JOHNSRAMPPARKING DAMON DAHLCHIGH SCHOOLLOURDES FORMER LODGEHOPELOT 15PARKING INNMOTORBRENTWOOD STORAGEMAINTENANCERMHLOT 22PARKING LOT 20PARKING BUILDINGPLUMMER SQUAREBRACKENRIDGE WAREHOUSESOUTH )#35(LOT SHUTTLE EAST CENTERGOVERNEMENT RAMPPARKING MARKET ZUMBRO SQUAREDISCOVERY TWOSQUAREDISCOVERY ONERAMPPARKING STREET 3RD CENTERBUSINESSMN BIOBUILDING201 STATIONHEATING FRANKLIN BUILDINGSTABILEBUILDINGH ILTON CENTERSTUDENT MITCHELL BUILDINGGUGGENHEIM LOT 6PARKINGLOT 28PARKINGLOT 37PARKINGBUILDINGCENTRE CITY RAMPPARKING STREET 2NDINNHOLIDAY BANKMARQUETTE HOTELDOUBLETREEOFFICEUS POST RAMPPARKING STREET 1ST LIBRARYPARKING RAMPCIVIC CENTER PAVILLIONPARKS ROSA AVENUE100 FIRST PLACECENTERHOTELMARRIOT BUILDINGSIEBENS BUILDINGWESTOZMUN BUILDINGCENTEROZMUN BUILDINGEASTOZMUN RAMPPARKING OZMUN LOT 3APARKING LOT 26PARKING LOT 25PARKING LOT 27PARKING LOT 24PARKING LOT 11PARKING CHURCHMETHODIST UNITED CHRIST RAMPSQUARE DISCOVERY LOT 18PARKING LOT 3PARKING BUILDINGKELLENBUIL DINGOPUSBUILDINGSCIENCE MEDICALPARKING RAMPBUILDINGBALDWINBUILDINGHARWICK CHURCHEPISCOPALCALVARYBUILDINGMAYOBUILDINGGONDAHOTELKAHLERWELLS FARGORAMPPARKING STREET CENTER BUILDINGLOGISTICSEAST BUILDINGEISENBERG HOSPITALMETHODIST ROCHESTER BUILDINGCHARLTONSUITESEXECUTIVEKAHLER )#23(RAMPEMPLOYEE EAST BUILDINGJACOBSONNORTHCHARLTONHOUSECHARTER BUILDINGJOHNSON UTILITY PLANTPROSPECT RAMPGRAHAMRAMPSTREET1STLOT 29PARKING LOT 30PARKING LOT 17PARKING LOT 16PARKING LOT 31PARKING HOUSEDAMON HOUSEFOUNDATION HOUSEWALTER HOUSEMCDONALD RONALD GIFT OF LIFELIFEGIFT OF & SUITES2ND STREET INN JOSEPHFRANCISHOUSEHERMAN LOT 10PARKINGINNAVENUE5TH CENTRAL & WEST SUBDISTRICT MODIFICATION 19 768 SUPPORT CENTERSUPERIOR DRIVE DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT PROPERTY?OWNERSHIP Leased CampusMayo Clinic PropertyMayo Clinic Owned BuildingSpecial DistrictSupport Campus MAP LEGEND WAREHOUSE600WAREHOUSEBUILDINGPROFESSIONAL 41ST STREET LOTPARKING GOLF COURSENORTHERN HILLS LOTPARKING CENTERSUPPORT )(EXPRESS CARE MAYO CLINIC CREDIT UNION41ST STREET SUPPORT CENTERSUPERIOR DRIVE WAREHOUSE40TH AVENUE WAREHOUSEMAYO FACILITIES 2915WAREHOUSE BUILDING/MARVIN CENTERINVENTORY DRIVE CENTERTECHNOLOGY WAREHOUSETECHNOLOGY DRIVE PROJECT SUPPORTDEVELOPMENT Mayo Property Ownership and Property Acreage 02 |SECTION |MAYO CLINICFive-Year Plan Update | JUNE 2023 2 PROPERTY?OWNERSHIP Mayo Property Ownership and Property Acreage 02 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 20 769 Olmsted County, MinnesotaCITY OF ROCHESTER | CSAH22 & WOODLAND DR.CORNER OF FRONTAGE ROADMAYOWOODMAYO SUPPORTSHUTTLE LOTWEST EMPLOYEESHILLS FARMINSTITUTE WAREHOUSEFRANKLINCLINIC NEMAYO FAMILY Mayo PropertyNon-Contiguous ViewportsLarge Scale Campus Campus Special District Mayo Clinic support Instituional DistrictPrimary Medical MAP LEGEND FACILITY SOUTHAMBULANCE INCINERATOR/DISTRICTS-SUBWEST/CENTRALSPECIAL DISTRICTSUPPORT CAMPUS 1414525263636390 PROPERTY?OWNERSHIPPROPERTY?OWNERSHIP Mayo Property Ownership and Property Acreage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 21 770 SQUARE FOOTAGE BUILDING FINAL REPORT |MAYO CLINICFive-Year Plan Update | 22 771 this report). Campus on page 23 includes total for One Discovery Square (Mayo & non-Mayo leased square footage, as of It should be noted that the “Floor Area Ratio” (FAR) calculation for the Central Sub-District – Downtown CALCULATION)FAR(MAXIMUM FLOOR AREA RATIO Full floor – use Mayo floor area for owned buildings (above). Partial floor – outside face of walls surrounding and contiguous with leased space.Floor?areas?in?leased?buildings?are?calculated?as?follows: LEASED SPACE–FLOOR AREA to-ceiling height is less than six (6) feet.Not?including?interior?par king?spaces,?loading?space?for?motor?vehicles,?or?any?space?where?the?floor-Mezzanine levels are the gross of occupied area of floor inclusive of shafts and elevators. Subways/utility tunnels between buildings are not included.(example –under Annenberg Plaza and/or Peace Plaza).Floor?levels?having?occupied?space?adjacent?to?or?below?a?courtyard?and/or?street?are?included?In floors having openings for multi-level atriums, atrium space is not included. Floor area is inclusive of mechanical and sub ground levels. Sum of the gross horizontal area of the floors of a building measured from the outside faces of walls.Floor?areas?in?owned?buildings?are?calculated?as?follows: OWNED BUILDINGS–FLOOR AREA outside the Sub-District, and leased space for support in the Central Development Core are listed separately.Area?for?support?functions?such?as?utility?plants,?parking?and?ancillary?space?within?Sub-Districts,?warehouses?The narrative and drawings show total building area distributed in each Special District and Sub-District. is current as of March 31, 2023.within?and?adjacent?to?the?Central?West?Sub-Districts?and?the?M ayo?Support?Campus?Special?District.?All?data?The tables and graphics on the following pages summarize Mayo Clinic-occupied building square footage 3.0 BUILDING SQUARE FOOTAGE Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 23 772 calculate?the?maximum??oor?area?ratio?(FAR).98,000?GSF?and?Two?Discovery?Square?of?125,000?GSF,?this?includes?non-Mayo?&?Mayo?square?footage?area?to?**?Central?Sub-District:?Downtown?Campus?FA R?calculation?includes?total?area?for?One?Discovery?Square?of?0.121,881,620 SF ÷316,023 SF 0 SF-316,023 SF MAYO SUPPORT CAMPUS SPECIAL DISTRICT 1.421.422,391,576 SF ÷2,391,576 SF ÷3,385,726 SF3,394,564 SF 932,742 SF- 932,742 SF-4,318,468 SF4,327,306 SF)SAINT MARYS CAMPUS(DISTRICT -WEST SUB 3.883.132,518,037 SF ÷2,518,037 SF ÷** 9,760,955 SF** 7,885,402 SF 2,931,018 SF- 2,741,280 SF-12,691,973 SF10,626,682 SF)DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB FLOOR?AREA?RATIO Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 24 773((((CODE SQUARE?FEET GROSS OWNED | (Non-Parking))DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB)as of 3/31/2023(BUILDING?SQUARE?FOOTAGE?SUMMARY??Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 25 774 OWNED | (Non-Parking))CONT.( )DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB(SQUARE?FEET GROSS OWNED | (Non-Parking))SAINT MARYS CAMPUS(DISTRICT -WEST SUB SQUARE?FEET GROSS Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 26 775 CODE SQUARE?FEET GROSS OWNED | (Non-Parking)OUTSIDE OF DISTRICTS 140,280 CODE SQUARE?FEET GROSS OWNED | (Non-Parking))NORTHWEST CAMPUS(MAYO SUPPORT CAMPUS SPECIAL DISTRICT Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 27 776 OWNED | (Non-Parking))CONT.(OUTSIDE OF DISTRICTS SQUARE?FEET GROSS NON-OWNED (Leased) | (Non-Parking)ALL LOCATIONS SQUARE?FEET GROSS Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 28 777 NON-OWNED (Leased) | (Non-Parking))CONT.(ALL LOCATIONS )(CODE SQUARE?FEET GROSS Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 29 778 SQUARE?FEET GROSS OWNED | (Parking))SAINT MARYS CAMPUS(DISTRICT -WEST SUB)191,639(SQUARE?FEET GROSS OWNED | (Parking))DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB)Owned(PARKING?STRUCTURES??Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 30 779 TOTAL?GROSS?SQUARE?FEET)Parking and Non-Parking(SUMMARY?TOTAL??SQUARE?FEET GROSS (Parking))LEASED(OWNED -NON Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 31 780 85,756 BB 35,214 OS 317,623 DR 9,652 DH 2,506 W2 2,506 W1 2,541 CS 2,547 CD 3,750 CW 107,984 FK 6,182 BL 1,473 ON 33,759 PR 15,100 JP 63,544 C1 525,967 CR 39,405 FI 265,455 FS 364,864 GP 304,545 CH 70,195 CN 265,470 JB 218,670 RE 29,184 LE 235,412 SI 259,944 PL 181,834 HA 25,500 MI 405,923 HI 206,869 TO 273,187 ST 3,919 KP 3,000 KE 23,520 MY 46,065 LC 39,578 BK 71,111 CE 47,515 WF 101,090 KA 113,769 PB 49,745 SW 17,009 A1 58,952 AW 6,887 HT 7,492 HS 6,595 HN 211,161 AL 182,796 VR 377,286 ER 366,111 WR 422,646 GE 45,505 OL 433,302 NT 62,449 MH 1,020,114 MB 542,519 GU 60,834 US 1,094,798 MA 0 AN 814,984 EI 1,655,956 GO 120,802 LS 701,635 RW 236,652 DA 53,900 OW 104,224 OC 191,639 OR 78,716 OE 224,811 BA 232,605 BR 0 DS 163,901 MSKB 39,267 OP 20,827 FH 5,994 FA 6,867 WH 8,846 SB 109,684 PP 40,691 CT 47,186 LY 28,905 CL 302,724 DO 140,435 NO 280,621 JO 323,540 FR 000,000 XX 000,000 XX 000,000 XX 000,000 XX Building Code & Square Footage Out of Districts - Leased Building Code & Square Footage Out of Districts - Owned Building Code & Square Footage Downtown Campus Building Code & Square Footage Saint Marys CampusMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND SUBDISTRICTCENTRALSUBDISTRICTWEST CENTRAL & WEST SUBDISTRICT MAYO?BUILDING?AREA CENTRAL & WEST SUBDISTRICT MAYO?BUILDING?AREA Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 32 781 DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT SS 197,728 SN 380,557 TN 107,741 FF 168,259 CF 176,273 WE 6,079 METHWS 173,349 ICN2VHV2I8 1,253 NXTWTD 298,219 SU 248,845 FWDP 000,000 XX 000,000 XX 000,000 XX Building Code & Square Footage Out of Districts - Leased Building Code & Square Footage Out of Districts - Owned Building Code & Square Footage Northwest CampusMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND MAYO?BUILDING?AREA SUPPORT CAMPUS SPECIAL DISTRICT MAYO?BUILDING?AREA Building Square Footage SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 33 782 12,042 FACILITY SOUTHAMBULANCE 10,289 SUPPORTSIGNATURE FLIGHT 10,481 WING HANGARMCMT FIXED 18,377 STORE CROSSROADSMAYO CLINIC 865 EXPRESS CARE MAYO CLINIC 720 LEARNING CENTERRPS ALTERNATIVE 29,862 3551 BUILDINGROCHESTER -CENTERS FOUNTAIN 51,635 CLINIC NEMAYO FAMILYCOTTAGEWILSON 18,196 WILSON HOUSEASSISI HEIGHTS 23,013 1937 BUILDINGNORTHWESTEXPRESS CARE MAYO CLINIC 12,651 14 WEST4165 HWY 10,000 2535WAREHOUSE 42,445 INCINERATOR 29,109 MAYOWOOD 61,662 INSTITUTE 22,013)SE(CLINIC SOUTHEASTMAYO FAMILY 000,000 XX 000,000 XX Building Name & Square Footage Out of Districts - Leased Building Name & Square Footage Out of Districts - OwnedLarge Scale Campus ViewportsCampus Special District Mayo Clinic Support Primary Medical Institutional MAP LEGEND 1414525263636390 Olmsted County, MinnesotaCITY OF ROCHESTER | MAYO?BUILDING?AREA Olmsted County, MinnesotaCITY OF ROCHESTER | MAYO?BUILDING?AREA Building Square Footage 03 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 34 783 EMPLOYEE DISTRIBUTION MAYO CLINIC FINAL REPORT |MAYO CLINICFive-Year Plan Update | 35 784*Included in Outside of District Employee Distribution total 40,50038,50035,50032,50011,000**10,00018,50019,00018,50016,50038,00035,50030,50027,500 EMPLOYEE SUMMARY those?which?are?owned?or?lea sed.?Values?are?rounded?to?500.Mayo-occupied buildings is included. This includes buildings within and outside of special districts, as well as The?tables?summarize?Mayo?Clinic’s?employee?distributio n?by?building?as?of?March?31,?2023.?Data?for?all?4.0 MAYO CLINIC EMPLOYEE DISTRIBUTION Mayo Clinic Employee Distribution 04 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 36 785 VEHICULAR CIRCULATION CAMPUS PARKING & FINAL REPORT |MAYO CLINICFive-Year Plan Update | 37 786 City of Rochester process.Future?projects?may?request?select?street?vacation.?If?this?proceeds,?it?will?be?reviewed?through?the?standard??6,060?including??fteen?o?-site?locations.–Outside Special Districts 1,393–Mayo Support Campus 2,060–West Campus 7,142–Central Campus Allied?Health?employee?parking?spaces.Currently?Mayo?Clinic?Rochester?has?16,655?sta?,?resident,?and? – Sta?,?Residents?and?Allied?Health?Employees daily patient volumes.contracted?service?utilizing?available?parking?with?no?increase?in?parking?demand?and??uctuates?in?response?to?Valet parking is a 29 reserved for Emergency Room use, and designated spaces for persons with disabilities. The?visitor/patient?parking?ramps?on?the?Saint?Marys?Campus?provide?970?spaces?for?patient?use,? including?including spaces for persons with disabilities.?spaces?located?in?four?parking?ramps?and?two?surface?lots,?Downtown?patient?parking?needs?are?met?by? people per day between the Downtown and Saint Marys Campuses.approximately 600The Mayo Patient Shuttle carries the?Patient?Shuttle?signi?cantly?reduce?the?need?for?individual?vehicles.? – Once patients and visitors have arrived in Rochester, hotel/motel courtesy vans and Patients and Visitors TRANSPORTATION & PARKING evolving?transportation?and?parking?needs.Campuses?has?leveraged?opportunities?for?cr oss-utilization?of?resources,?improving??exibility?for?meeting?to meet those needs, and provide viable options for all. The further integration of all Mayo Clinic Rochester represent?a?dynamic?situat ion?necessitating?constant?balancing?and?adjustment.?Mayo’s?committed?goal?is?to?meet?the?needs?of?its?Patients,?Sta?,?and?Allied?Health?Sta?.?Patient?and?Employee?transportation?needs?It is the intent and policy of Mayo Clinic to continue to provide a comprehensive transportation program PHILOSOPHY patient,?and?visitor?parking.?All?data?is?current?as?of?March?31,?2023.directly support Mayo operations within the City of Rochester, including employee, The?tables?and?graphics?on?the?following?pages?summarize?parking?facilities?which?5.0 CAMPUS PARKING & VEHICULAR CIRCULATION Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 38 787 West Employee shuttles.of?cars?downtown.?When?Link?is?operational,?it?will?replace?the?Intercampus?shuttle,?and?East?Employee?and?Downtown),?and?will?increase?the?quantity?of?parking?stalls?in ?the?West?lots.?This?will?help?reduce?the?number?St?Marys?Campuses.?Mayo?is?planning?subway?connections?to?a?Link?stop?at?each?campus?(St?Marys?and?transit connecting the West employee shuttle lot and East Mayo employee shuttle lot to the Downtown and congestion?along?the?2nd?Street?corridor.?Link?Rapid?Transit?(a?City?of?Rochester?project)?will?have?rapid?bus?Mayo?Clinic?is?worki ng?with?the?City?of?Rochester?to?better?utilize?mass?transportation?and?reduce?tra?c?parking?for?other?Discovery?Square?tenants.The?newly?completed?Discovery?Ramp?added?1,128?parking?spots?for?employ ees,?with?additional?for?contract?Mayo?Clinic?is?adding?an?estimated?675?future?patient?and?visitor?parking?spots?in?the?Central?Medical?Subdistrict.?FUTURE PLANNING development?of?the?Link?Rapid?Tra nsit?effort.Mayo Clinic continues to partner with the City of Rochester, DMC, and neighborhoods on the throughout Rochester. Mayo?Clinic?continues?to?encourage?the?use?and?creation?of?pedestrian?and? bike?paths?Chateau?Theater,?IBM,?RCTC?parking?lot,?and?Olmsted?County?Fairgrounds.Park?and?ride?lots?are?used?by?approximately?900?to?1,000?employees?daily.?These?lots?are?located?at?between?sites?du ring?the?workday.campuses and shuttle lots to meet business needs, reducing the volume of vehicles traveling The employee shuttle service carries over 6,800 employees daily between the medical sub-district easily expanded as demand requires.individual?bicycles?and?approximately?300?motorcycles?per?day.?Bicycle?and?motorcycle?parking?are?employees?in?280?car?pools?on?both?Rochester ?campuses.?Mayo?provides?parking?for?up?to?950?encouraged?with?special?parking?privileges.?Currently,?Mayo?Clinic?Rochester?has?840?individual?Use of carpool vehicles, bicycles, and motorcycles as alternative modes of transportation has been City?of?Rochester?with?designated?park?and?ride?locations?for?Mayo?Clinic.passes. Employees depend upon this service which includes transit city bus service throughout the The subsidized bus program, utilized by current employees, offers convenient routes and free to?assist?in?energy?conservation.?This?is?accomplished?t hrough:not?further?contribute?to?the?downtown?tra?c?congestion?and?pollution,?and?Mayo encourages individuals to use alternate means of transportation so as to Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 39 788 West Ramp Subtotal Generose Ramp - Valet Parking Mary?Brigh?Parking?Ramp Generose Parking Ramp Patient | Visitor)SAINT MARYS CAMPUS(DISTRICT -WEST SUB 6572,2872,123 Central Lot Subtotal Blood Bank Parking?Lot?10 Parking Lot 6 (Valet Parking)Parking?Lot?3?(used?for?Kellen?construction)Patient | Visitor Central Ramp Subtotal South?Parking?Structure North Parking Structure Graham?Parking?Ramp Damon Parking Ramp Charter?House?Parking?Ramp aldwin Parking Ramp 8B Patient | Visitor)DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB)as of 3/31/2023(PATIENT?|?VISITOR?PARKING?C APACITY?SUMMARY?Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 40 789 657 Outside District Patient | Visitor Parking TotalWest Sub-District Patient | Visitor Parking TotalCentral Sub-District Patient | Visitor Parking Total)Patient | Visitor(SUMMARY?OF?TOTALS?40 2402 Mayo Owned Subtotal Mayo Family Clinic Southeast Mayo Family Clinic Northwest Mayo Family Clinic Northeast | VisitorPatient)MAYO OWNED OR LEASED(OUTSIDE OF DISTRICT 970957 West Lot Subtotal SMC West Door Surface Lot SMC ER Parking Patient | Visitor)CONT.( )SAINT MARYS CAMPUS(DISTRICT -WEST SUB Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 41 790 DRWR34GPCRBR101936VR WEST SMC ER Future Link Rapid TransitBus CirculationCar CirculationSurface Parking LotParking RampInstitutional SubdistrictPrimary Medical MAP LEGEND CAMPUSDOWNTOWN CAMPUSSAINT MARYS MAYO?PATIENT?AND?VISITOR?PARKINGMAYO?PATIENT?AND?VISITOR?PARKING Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 42 791 DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT NW Future Link Rapid TransitBus CirculationCar CirculationSurface Parking LotParking RampCampus Special District Mayo Clinic Support MAP LEGEND MAYO?PATIENT?AND?VISITOR?PARKINGMAYO?PATIENT?AND?VISITOR?PARKING Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 43 792 Olmsted County, MinnesotaCITY OF ROCHESTER | SENE Surface Parking LotParking RampCampus Special District Mayo Clinic Support Primary Medical Institutional MAP LEGEND 1414525263636390 MAYO?PATIENT?AND?VISITOR?PARKING?MAYO?PATIENT?AND?VISITOR?PARKING Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 44 793 Parking Lot 28 B’nai?Synagogue Parking Lot 26 Parking?Lot?25 Parking Lot 22 Parking?Lot?20 Blood Bank Christ United Methodist Church Parking Lot 15 Parking?Lot?11 Parking Lot 6 Parking?Lot?5 Parking Lot 3Parking Lot 1 Central Ramp Subtotal Discovery Ramp First Street Ramp 12 Ozmun Parking Ramp 21 Employee?West?Parking?Ramp Employee East Parking RampBaldwin Parking Ramp 8 Employee)DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB)as of 3/31/2023(EMPLOYEE?PARKING?CAPACITY?SUMMARY?Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 45 794 Employee)CONT.( )DOWNTOWN CAMPUS(DISTRICT -CENTRAL SUB 2,0602,153 West Lot Subtotal SMC?Parking?Lot?33SMC?Parking?Lot?32SMC?Parking?Lot?31 West Ramp Subtotal Mary Brigh Parking Ramp Generose?Parking?Ramp SMC East Employee Ramp - Parking Lot 34 Employee)SAINT MARYS CAMPUS(DISTRICT -WEST SUB)542(7,1406,043 Central Lot Subtotal Parking?Lot?37 Parking Lot 30 Parking?Lot?29 Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 46 795 Outside District Subtotal Technology Drive Mayo Family Clinic Southeast Superior Drive Support Center Mayo Family Clinic Northwest Mayo Family Clinic Northeast 41st Street Professional BuildingCascade Lake Credit UnionCanal Place Credit Union 2915?Building Parking Lot 38 West?Shuttle?Lot?-?Parking?Lot?36 East Shuttle Lot - Parking Lot 35 East?Foundation?House?-?Parking?Lot?17 Employee)MAYO OWNED OR LEASED(OUTSIDE OF DISTRICT 64010,595 Mayo Special District Lot Subtotal Mayo Support Center Parking Employee)NORTHWEST CAMPUS(MAYO SUPPORT CAMPUS SPECIAL DISTRICT Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 47 796 1,67015,85214,615 Outside District Employee Parking TotalMayo Special District Employee Parking TotalWest Sub-District Employee Parking TotalCentral Sub-District Employee Parking Total SUMMARY?OF?TOTALS Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 48 797 BR38352220153412RWWR0ORRE1962511 5183 DS 37 3331321727263029 128VR Future Link Rapid TransitBus CirculationCar CirculationSurface Parking LotParking RampInstitutional SubdistrictPrimary Medical MAP LEGEND CAMPUSDOWNTOWN CAMPUSSAINT MARYS EMPLOYEE?PARKING?AND?CIRCULATIONEMPLOYEE?PARKING?AND?CIRCULATION Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 49 798 DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT SDSCTD2915NWFFMSC Bus CirculationCar CirculationSurface Parking LotParking RampCampus Special District Mayo Clinic Support MAP LEGEND EMPLOYEE?PARKING?AND?CIRCULATIONEMPLOYEE?PARKING?AND?CIRCULATION Campus Parking & Vehicular Circulation 05 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 50 799 Olmsted County, MinnesotaCITY OF ROCHESTER | SENE Park & Ride LotShuttle LotCampus Special District Mayo Clinic Support Primary Medical Institutional MAP LEGEND 1414525263636390 EMPLOYEE?PARKING?AND?CIRCULATIONEMPLOYEE?PARKING?AND?CIRCULATION Campus Parking & Vehicular Circulation SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 51 800 SUBWAYS & SERVICE DOCKS& DISTRIBUTION, MATERIAL HANDLING FINAL REPORT |MAYO CLINICFive-Year Plan Update | 52 801 medical districts. Mayo Clinic continues to reduce congestion by moving processes outside the downtown transport of images, mail, laboratory results, and medical records. for information storage and transfer; is continuing to reduce the need for mechanical Digital Technology items within and between Mayo downtown and Saint Marys campus facilities. transport lab samples, medications, and other small Pneumatic tube and Electronic Track Vehicle (ETV)?allows?low-impact?movement?of?materials?between?docks?and?facilities.Interconnecting subway system to be proximate to end use or point of collection. are located for specific receiving and shipping to alleviate congestion and Peripheral on-campus docks the-road shipments.?are?utilized?for? bulk?receiving,?storage,?and?breakout?of?over-Remote off-campus warehouses and docksKEY ELEMENTS districts.and?storage?in?order?to?reduce?on-campus?tra?c?congestion,?pollution?and?improved?safety?in? the?medical?The Mayo Clinic system for material receipt and distribution is predicated on the idea of decentralized receiving MAYO DISTRIBUTION CONCEPT materials in support of Mayo Clinic operations at facilities throughout the City of Rochester.The?graphics?on?the?following?pages?illustrate?the?network?for?receiving?and?distributing?SUBWAYS & SERVICE DOCKS 6.0 MATERIALS HANDLING & DISTRIBUTION,Materials Handling & Distribution, Subways & Service Docks SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 53 802 2132231323254724 3 X Leased DocksMinor Docks With Number of Docks Major DocksFuture Existing?SubwaysExisting?Skyways Pneumatic TubeMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND CENTRAL & WEST SUBDISTRICT MATERIALS?DISTRIBUTION CENTRAL & WEST SUBDISTRICT MATERIALS?DISTRIBUTION Materials Handling & Distribution, Subways & Service Docks 06 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 54 803 1427521222228 With Number of Docks Major DocksMayo Clinic Owned BuildingCampus Special District Mayo Clinic Support MAP LEGEND X DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT WAREHOUSE600WAREHOUSE3939 BUILDINGPROFESSIONAL 41ST STREET LOTPARKING HILLS GOLF NORTHERN LOTPARKING SUPPORT MAYO )NORTH(EXPRESS CARE MAYO CLINIC UNIONCREDIT 41ST STREET SUPPORT SUPERIOR WAREHOUSE40TH AVENUE WAREHOUSEFACILITIES MAYO 2915WAREHOUSE BUILDING/MARVIN INVENTORY MAYO DRIVE CENTERTECHNOLOGY WAREHOUSETECHNOLOGY SUPPORTPROJECT DEVELOPMENT MATERIALS?DISTRIBUTION SUPPORT CAMPUS SPECIAL DISTRICT MATERIALS?DISTRIBUTION Materials Handling & Distribution, Subways & Service Docks SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 55 804 CLINIC NEMAYO FAMILYCLINIC SOUTHEASTMAYO FAMILY 141122 FACILITYMANAGEMENT WASTE FACILITYMAINTENANCEFRANKLIN HILLS FARMINSTITUTE With Number of Docks Major DocksLarge Scale Campus ViewportsSpecial District Mayo Support Campus Institutional SubdistrictPrimary Medical MAP LEGEND X)SUPPLY CHAIN(4165 HWY 14 WEST 1414525263636390 Olmsted County, MinnesotaCITY OF ROCHESTER | MATERIALS?DISTRIBUTION Olmsted County, MinnesotaCITY OF ROCHESTER | MATERIALS?DISTRIBUTION Materials Handling & Distribution, Subways & Service Docks 06 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 56 805 INFRASTRUCTURE UTILITY FINAL REPORT |MAYO CLINICFive-Year Plan Update | 57 806 well field boundary.efficient systems, and will maintain real estate for other buildings to be built sharing the site, inside of the grouped?in?a?smaller?area?of?the?selected?block?or?parcel.? This?will?allow?for?us?of?state-of-the-art?energy?are newer technology that allow for large diameter wells that can be placed around the perimeter or Mayo Clinic is studying the potential impact and location of geothermal wells. The proposed well systems recycling programs. is ongoing coordination between Mayo Clinic, City of Rochester, and Olmsted County on waste and these?goals?include?energy?efficiency,?electrification,?and?renewable?energy?projects.?In?addition,?there?reduction per square foot of scope 1 and 2 greenhouse gas emissions by 2032. Strategies to meet of?Energy’s?Better?Climate?Challenge.?Goals?include?reducing?energy?intensity?by?20%?and?a?50%?Sustainability programs at Mayo Clinic continue to advance. Mayo Clinic committed to the US Department Ongoing?coordination?with?the?City?of?Rochester?utility?improvements?and?DMC?funded?projects.growth?projections.perimeters of the downtown campus and Saint Marys campus is under consideration in response to growth in the Central Sub- District. The potential for adding production capacity at the north and south studied. Potential routes for extension of the utility tunnel loop are also being planned for potential Strategies for future provision of communication, steam, chilled water, and electrical utilities are being and nearly all Mayo Clinic buildings.DMC?resiliency?of?systems?connects?both?campuses?with?utility?distribution,?communication?networks?is planned to provide redundancy for the medical districts.Reliability and resilient electrical distribution ties occur between campuses. Additional capacity from RPU CURRENT & PROPOSED IMPROVEMENTS occurs through the subway utility tunnels.centered?around?Franklin?Heating?Station,?Prospect?Utility?Plant,?and?Saint?Marys?Power?Plant.?Distribution?the?Downtown?and?Saint?Marys?campuses.?Generation?of?Mayo’s?steam,? chilled?water,?and?electricity?is?The?graphics?on?the?following?pages?illustrate?the?network?for?producing?and?distributing?utilities?throughout?7.0 UTILITY INFRASTRUCTURE Utility Infrastructure SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 58 807 COORDINATED WITH THE CITY OF ROCHESTER OUTSIDE OF THIS REPORT FutureChilled WaterSteam LineCommunication LineElectrical LineGeothermal SystemPotential site for Future Utility PlantPotential Sites for Institutional SubdistrictPrimary Medical MAP LEGEND UTILITY PROSPECT UTILITYSAINT STATIONHEATING FRANKLIN EMPLOYEE PARKING AND CIRCULATIONUTILITIES INFRASTRUCTURE MAP Utility Infrastructure 07 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 59 808 GREEN SPACE URBAN FINAL REPORT |MAYO CLINICFive-Year Plan Update | 60 809 and plantings.should be respected between the Saint Marys campus and South Broadway, as they are upgraded with lighting The 4th Street and 6th Street Southwest corridors each have their own special residential character, which structures should allow for green space development where possible.6th Street Southwest to Civic Center Drive. Given the density of zero lot line structures in this corridor, new Building?entry.?As?a?linkage?with?such?parks,?the?frontage?along?both?streets?should?be?fully?landscaped?from?established?south?of?the?Harwick?Build ing?and?another?with?the?new?Statuary?Park?developed?at?the?Gonda?potential?for?the?development?of?a?sequence?of?gardens?and?small?parks,?one?of?which?has?already?been?The 3rd and 4th Avenues corridor, extending north-south through the Mayo Clinic downtown campus, has the runo?.?Modi?ed?snow?removal?techniques?are?also?bene?cial.plantings?have?been?improved?with?the?adoption?of?p olicies?which?reduce?winter?salt?usage?and?parking?lot?Drive, Broadway, and 6th Street Southwest from Broadway to 4th Avenue. Growing conditions for boulevard completed, and the boulevards fronting the Jacobsen Building. Other targeted areas include Civic Center completed upgrades include the north side of 2nd Street Southwest, where boulevard tree planting has been So it would be appropriate to treat them as boulevards with trees, special lighting, and landscaping. Recently Several area streets are important to the character of both the Mayo campuses and downtown Rochester. BOULEVARDS design of individual DMC districts occur.considered along with landscape and structural elements. The location of these portals will emerge as the As?for?pedestrian?portals?between?individual?DMC?districts,?way?nding?or?place-making?elements?will?be?proposed gateway. campuses. Campus portals can be structural and/or landscaped places which respond to the context of each near Broadway, particularly at the convergence of the University of Minnesota Rochester and Mayo under?consideration?for?additional?portal?identi?cation?i nclude?intersections?along?6th?Street?Southwest?part of the DMC Saint Marys Place. As the southern edge of the downtown campus is developed, locations northern portal to the Saint Marys campus at the intersection of 2nd Street and 11th Avenue Southwest as Street?Southwest?at?14th?Avenue?(near?its?intersection?with?Highway?52).?A?gateway?is?also?planned?for?the?This includes portals at the north end of 3rd /4th Avenues at Civic Center Drive and at the west end of 2nd Gateway locations have been established at the campus edges where vehicles enter from multiple directions. GATEWAYS & CAMPUS PORTALS topographic and open green space attributes.from?many?improvements?due?to??oodway?infrastructure.?With?its?large?campus?area,?Saint?Marys?has?sign i?cant?The?downtown?Mayo?campus?is?located?between?the?Zumbro?River?and?Cascade?Creek,?which?have?bene?tted?Corridor also provide open space opportunities in central Rochester. and?Saint?Marys?Park?t o?the?south,?and?Kutzky?Park?to?the?northwest.?Central?Park?and?the?Zumbro?River?The?area?in?and?around?the?Special?Medical?Districts?has?substantial?public?parklands?including?Soldiers’?Field?PUBLIC PARKLANDS recommendations related to urban green space.space developments which already exist. Mayo also intends to monitor DMC-related urban planning to?improving?and?expanding?green?spaces?on?its? campuses,?as?evidenced?by?a?number?of?signi?cant?open?can?create?a?unique?green?space?network?in?Rochester,?particularly?in?the?center?of?the?City.?Mayo?is?committed?The?graphics?on?the?following?pag es?present?a?landscape?framework?of?public?and?private?lands?that?together?8.0 URBAN GREEN SPACE Urban Green Space SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 61 810 Mayo?Clinic?continues?to?encourage?the?use?and?creation?of?pedestrian?and?bike?paths?throughout?Rochester.PEDESTRIAN AND BICYCLE ROUTES pollinators,?such?as?butter?ies.sustainable?campus?envir onments.?Pollinator?Gardens?use?perennial,?native?plants?and??owers?to?help?local?Mayo Clinic has started incorporating pollinator gardens into landscaping for promoting more biodiverse and pedestrian areas.the?need?to?vacate?certain?streets?to?provide?signi?cant?green/open?space,?and?provide?texture?and?color?for?As the campus continues to develop, the goal of providing an enhanced patient experience may suggest spaces in and around the medical campus.as the Calvary Episcopal, St. Johns Church and the Hope Lodge which provide very important contemplative Mayo continues to landscape and green its open spaces as opportunities occur, and supports others, such perennials and 40 trees, along with a storm water detention pond.At?the?Superior?Drive?Support ?Center?campus,?2.5?acres?of?new?landscaping?has?been?installed,?including?2,500Street?is?made?possible?by?locating?the?visitor?parking?underground.Graham Courtyard. The Patient Plaza and green space at the Mayo Campus Gateway at 14th Avenue and 2nd Avenue and 6th Street Southwest, as well as highly developed areas such as the Peace Garden and Edith The?50+?acre?Saint?Marys?campu s?has?signi?cant?green?space?with?the?sensitively?landscaped?bu?er?along?10thsurface?run-o?. which?contribute?to?the?network?of?urban?green?space,?which?now?includes?3?new?rain?gardens?to?help?slow?s paces?at?the?Ozmun?Building,?the?south?courtyard?at?the?Harwick?Building,?and?numerous?other?small?spaces?Feith?Family?Statuary?Park?at?the?Mayo/Gonda?Building?complex,?the?south?lawn,?sculpture?cour t?and?green?improve the public perception and experience. The green spaces include the Annenberg Plaza and the Mayo continues to establish and maintain small, landscaped green spaces in the downtown campus to GREEN SPACES & PLACES Urban Green Space 08 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 62 811 TO CITYNORTH WEST GATEWAYGARDENPEACE ANNENBERG DOMEMATTHEW GARDEN GONDA PARKCENTRAL GATEWAYNORTH PARKSTATUARY FEITH FAMILY SOLDIERS HARWICK PARKOZMUN GREEN Mayo Clinic Pollinator GardenMayo Clinic Rain GardenTransit CorridorDiscovery WalkCity Parks & Green SpaceGateway LocationsMayo Clinic Park & Green SpaceMayo Clinic Owned BuildingsInstitutional SubdistrictPrimary Medical MAP LEGEND CENTRAL & WEST SUBDISTRICT URBAN?GREEN?SPACE CENTRAL & WEST SUBDISTRICT URBAN?GREEN?SPACE Urban Green Space 08 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 63 812 WAREHOUSE600WAREHOUSELOTPARKING LINCOLNSHIREPRAIRIEHILLS NORTHERN CANINE PARK FRANK COURSEHILLS GOLF NORTHERN LOTPARKING PARKARBOR GLEN CENTERSUPPORT )(EXPRESS CARE MAYO CLINIC CREDIT 41ST STREET CENTERSUPPORT DRIVE SUPERIOR WAREHOUSE40TH AVENUE WAREHOUSEFACILITIES 2915WAREHOUSE BUILDING/MARVIN CENTERINVENTORY DRIVE CENTERTECHNOLOGY WAREHOUSEDRIVE TECHNOLOGY SUPPORTPROJECT DEVELOPMENT SUPPORT CENTERSUPERIOR DRIVE DISTRICTSUPPORT Mayo Clinic Pollinator GardenPedestrian ZoneCity Parks & Green SpaceMayo Clinic Park & Green SpaceMayo Clinic Owned BuildingsInstitutional SubdistrictPrimary Medical MAP LEGEND SUPPORT CAMPUS SPECIAL DISTRICT URBAN?GREEN?SPACE SUPPORT CAMPUS SPECIAL DISTRICT URBAN?GREEN?SPACE Urban Green Space 08 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 64 813 Mayo Clinic Pollinator GardenPark & Green SpaceLarge Scale Campus ViewportsCampus Special District Mayo Clinic Support Institutional SubdistrictPrimary Medical MAP LEGEND 1414525263636390 Olmsted County, MinnesotaCITY OF ROCHESTER | URBAN?GREEN?SPACE Olmsted County, MinnesotaCITY OF ROCHESTER | URBAN?GREEN?SPACE Urban Green Space SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 65 814 Special Districtsthe Medical Institutional and Outside Support Campus Special DistrictMayo Sub-District and West Sub-DistrictCentral POTENTIAL PROJECTS FINAL REPORT |MAYO CLINICFive-Year Plan Update | 66 815 where?the?project?budget?is?anticipated?to?be?over?$100k.:?Both?Approval?to?Plan?and?Project?Approval?steps?are?only?required?for?committee?funded?projects?Note?and?projects?that?are?in?advanc ed?development.Bold. Forward. Unbound. in Rochester.process?in?section?3:?Building?Square?Footage,?and?Section?5:?Campus?Parking.?This?includes?projections?for??–?Projects?with?this?column?checked?ar e?included?in?projections?for?projects?in?Future?Estimated?Expansion move?forward?with?the?design/bidding/permitting/construction?phases?associated?with?each?project.of?each?construction?project?(sco pe,?scale,?timeframe,?budget,?etc.).?If?approval?is?granted?the?project?will?then?by?the?Approval-to-Plan?stage?is?complete.?The?internal?committees?within?Mayo?Clinic?will?review?the?speci?cs??–?Als o?know?as?Program?&?Budget?Approval?takes?place?once?the?investigative?work?initiated?Project Approval scope,?scale,?timeframe,?and?project?budget.granting?an?Approval?to?Plan?initiates?a?more?formal ?study?of?the?project?including?further?development?of?the?Plan?is?the??rst?step?authorized?by?Mayo’s?internal?committee(s)?system.?For?potential?construction?projects,? – With Mayo Clinic operating within a committee-based approval system, Approval-to-Approval to Plan DEFINITIONS projects?will?occur.?DMC-related?decisions?may?also?impact?project?locations.With the changes that are occurring within the health care sector, there is no certainty that all of these potentialMayo Support Campus Special District.location within the Central Sub-District (Downtown Campus), West Sub-District (Saint Marys Campus), and assigned a number designation on the attached graphic illustration, which corresponds to an approximate The?list?of?potential?projects? is?divided?by?probable?function,?either?Medical,?Parking?or?Support,?and?are?West?Sub-Districts?and?the?Mayo?Support?Campus?Special?District?during?the?next??ve?years.The?following?pages?contain?a?li sting?of?potential?Mayo?Clinic?projects,?which?may?occur?within?the?Central?and? Institutional and Special DistrictsOutside the Medical strict, Mayo Support Campus Special District, Sub-District and West Sub-DientralC 9.0 POTENTIAL PROJECTS Potential Projects SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 67 816** Impacted by Bold. Forward. Unbound. In Rochester.*?Portions?of?the?project?are?outside?of?existing?Medical?Campus?Subdistrict?Boundaries□□X□X□□X□X□□X□□X□X□X□X□X□X□□X□□□X□□□□□□□□□□□□□X□X□X□□□ □X□X□X□□□□X□X□X□X□X□X□ CONSTRUCTION PROJECTS-DISTRICT -CENTRAL MEDICAL SUB POTENTIAL?PROJECTS Potential Projects 09 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 68 817** Impacted by Bold. Forward. Unbound. In Rochester.*?Portions?of?the?project?are?outside?of?existing?Medical?Campus?Subdistrict?Boundaries□□X□□□□□□X□□□□□□□X□□X□□□□X□□X□X□X□X□X□□X□□□□X□□X□X□□X□ X□X□X□□□□□□□□□X□)CONT.( CONSTRUCTION PROJECTS -DISTRICT -CENTRAL MEDICAL SUB Potential Projects SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 69 818□□X□□□□□□□□□□□□□□□□□□□□X□X□□□□ CONSTRUCTION PROJECTS-DISTRICT -WEST MEDICAL SUB POTENTIAL?PROJECTS Potential Projects 09 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 70 819*?Portions?of?the?project?are?outside?of?existing?Medical?Campus?Subdistrict?Boundaries□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□X□□□□□□□)CONT.( CONSTRUCTION PROJECTS -DISTRICT -WEST MEDICAL SUB Potential Projects SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 71 820 202-W306-W-W-W102-W305-W310-W203-W313-W301-W201-W101-W307-W304-W104-W309-W308-W105-W106-W311-W103-W113-C311-C102-C101-C102-C103-C310-C301-C308-C117-C104-C105-C304-C116-C116-C112-C106-C310-C302 -C309-C107-C108-C306-C114-C110-C109-C309-C203-C-C205-C115-C303-C305-C111-C204-C312-C310-C201-C312-C308-C202-C307-C 000,000 XX 000,000 XX Potential Projects Downtown Campus Potential Projects Saint Marys CampusMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND SUBDISTRICTCENTRALSUBDISTRICTWEST 312-W CENTRAL & WEST SUBDISTRICT POTENTIAL?PROJECTSPOTENTIA L?PROJECTS Potential Projects 09 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 72 821□X□X□□□□□□□□X□X□□□□□□□□□□ CONSTRUCTION PROJECTS-DISTRICT -MAYO SUPPORT CENTER SUB POTENTIAL?PROJECTS Potential Projects SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 73 822 303-S301-S201-S302-S203-S202-S101-S 000,000 XX Potential Projects Northwest CampusMayo Clinic Owned BuildingInstitutional SubdistrictPrimary Medical MAP LEGEND DISTRICTSUPPORT SUPPORT CAMPUS SPECIAL DISTRICT POTENTIAL?PROJECTSPOTENTIAL?PROJECTS Potential Projects 09 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 74 823 Link?-?East?Transit?Village?including?parking.Link?-?West?Transit?Village?including?parking?structure.Consolidated Service Center, with location to be determined.Relocation of South Warehouse, with location to be determined.Renovations of all Mayo Clinic Properties.Cell therapy lab/GMP facility (potential locations- DMC district, NW Warehouse, 41st Street Building).Building renovation of 41st Street Buildings.Expansion?/?renovation?of?Superior?Drive?Support?Center,?parking?ramp.Expansion of Mayo Family Clinic Northeast.West Subdistricts (to be coordinated with reconstruction of 1st Avenue SW).Replacement of materials transport, utility and pneumatic tube connections between Central and Expansion of Technology Drive Warehouse or creation of additional office space in NW.Provision?of?freezer?storage?warehouse?(2915?Warehouse).research activities. Expansion / renovation of Northwest warehouse facilities for clinical, administration and/or Development of South or Southwest property for Primary Care.Institute Hills Farm research support facilities renovation & expansion.Expansion of Waste Management Facility.Expansion of Facilities Warehouse.Potential vertical expansion of Archive Warehouse.Street SW. properties.Support for medical-hospital housing, medically related retail, and service functions along Second Underground subway connections to Bus Rapid Transit at Saint Marys Campus, 6th Ave., and 2nd Ave. OTHER POTENTIAL PLANNING/PROJECTS-DISTRICTS -OUTSIDE MEDICAL SUB POTENTIAL?PROJECTS Potential Projects SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 75 824 APPENDIX FINAL REPORT |MAYO CLINICFive-Year Plan Update | 76 825 APPENDIX Development Response Letter City of Rochester Community G#3534 (2003), #4052 (2011) Ordinance #2726 (1991), #3669 (2004), ZoningSpecial?Districts?and?De?ning?the?Contents?of?This?Rep ort Historical?Zoning?Codes?Creating?the?Mayo?Clinic?F Uni?ed?Development?Code?Excerpts E Zoning?District?Regulations Central Development Core D Building?Address?and?Abbreviations C City?Plat?Block?Numbers B Glossary?of?Terms A DESCRIPTIONSECTION Appendix SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 77 826 OF TERMS GLOSSARY FINAL REPORT |MAYO CLINICFive-Year Plan Update | 78 827 line telephone service to the general public.Any person, corporation or government entity supplying gas, electric, transportation, water, sewer or land PUBLIC UTILITY functions and related medical support functions.Mayo Clinic institutional uses, In-Patient and Out-Patient Medical Care as well as Education and ResearchDistrict with two sub-districts, each with their own zoning constraints. These two areas include the core ofDistrict”) and Saint Marys Hospital (“West Sub-District”) campuses, create a Medical Institutional SpecialThe two areas, which correspond to the Mayo Clinic and Rochester Methodist Hospital (“Central Sub-PRIMARY MEDICAL INSTITUTIONAL noncontiguous?parcels?are?subject?to?underlying,?existing?zoning?code?provisio ns.to dispersed sites outside the Primary Medical-Institutional areas where possible. Buildings on these To minimize congestion and other potential impacts, Mayo Clinic has decentralized many Support Facilities CONTIGUOUS SUPPORT-NON supply, sewers, electrical grids, telecommunications, etc.The?underlying?foundation,?framework?and?system?supporting?a?building?or?city,?including?road s,?water INFRASTRUCTURE work?or?study?a?di?erent?number?of?hours?per?week.A?unit?to?measure?employed?persons?or?students?in?a?way?that?makes?them?comparable?although?they?may)FULL TIME EQUIVALENT(FTE transition zones. ?oor?area?of?Mayo?buildings?is?two?times?the?gross?area?of?Mayo’s?land?area?within?the?overlay?&?overlay zone and transition zones, or the limit imposed on such a ratio. A F.A.R. of 2.0 indicates that the total The?ratio?of?the?total??oor?area?of?buildings?within?the?overlay?zone?to?the?area?of?property?owned?within?the OVERLAY ZONE- )FLOOR AREA RATIO(FAR area of the plot on which it is constructed, as would be found in a multiple-story building.imposed?on?such?a?ratio.?A?F.A.R.?of?2.0?indicates?that?the?total??oor?area?of?a?bui lding?is?two?times?the?grossThe?ratio?of?the?total??oor?area?of?buildings?on?a?certain?location?to?the?size?of?the?lot?it?is?on,?or?the?limit INDIVIDUAL PARCEL- )FLOOR AREA RATIO(FAR The?area?of?a?lot?remaining?after?the?minimum?yard?or?setback?requirements?have?been?met.BUILDABLE AREA The total area of a facility including outside walls, mechanical spaces and canopies.)BUILDING GROSS SQUARE FEET(10.A GLOSSARY OF TERMS Appendix A: Glossary of Terms SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 79 828 The map or maps which are a part of city ordinances and delineate the boundaries of the zoning districts.ZONING MAP buildings are occupied or maintained.The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or USE Housing and Support Functions.which will have more zoning restrictions, although the emphasis in such areas will be Extended-Care,and?adjacent?neighborhood?residential.?Some?Primary?Medical-institutional?uses?may?occur?in?transition?areas,Sub-Districts.?These?are?intended?to?provide?a?bu?er, ?or?physical?transition,?between?large-scale,?active?uses? Transition Areas are located at the periphery of both the Central and West Primary Medical-Institutional )S(TRANSITION AREA shall?remain?in?e?ect.they are not inconsistent with the special district regulations, the underlying zoning district requirementsspecial district legislation shall supersede the regulations of the underlying zoning district. To the extend The?e?ect?of?a?special?district?designation?shall?be?as?an?overlay?district.?The?regulations?established?in SPECIAL DISTRICT a deed description.All?land?area?within?the?site?as?de?ned?in?the?deed.?Area?shall?be?from?an?actual?site?survey?rather?than?from SITE AREA building and each of its lot lines at a given height.The minimum separation in linear feet, measured on a horizontal plane, required between the wall of a SETBACK Appendix A: Glossary of Terms 10 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 80 829 BLOCK NUMBERS CITY PLAT FINAL REPORT |MAYO CLINICFive-Year Plan Update | 81 830 XX Block NumbersMayo Clinic Owned BuildingInstitutional SubdistrictsPrimary Medical MAP LEGEND BA74737271704626160595857566465666768694950515253545521784847464544434245107935363738394041385869 89796959493926590898891100101107106104103102878281802021342233321412345141561316712178111891019233224312530262927281276118763325 BLOCK?NUMBERSBLOCK?NUMBERS Appendix B: City Plat Block Numbers 10 |SECTION FINAL REPORT |MAYO CLINICFive-Year Plan Update | SEPTEMBER 22, 2023 82 831 & ABBREVIATIONS BUILDING ADDRESSES FINAL REPORT |MAYO CLINICFive-Year Plan Update | 832 833 834 83 835 REGULATIONSCORE ZONING DISTRICT CENTRAL DEVELOPMENT FINAL REPORT |MAYO CLINICFive-Year Plan Update | 84 836 Uni?ed?Development?Code for access to the full here Click CODE EXCERPTS UNIFIED DEVELOPMENT FINAL REPORT |MAYO CLINICFive-Year Plan Update | Chapter 60.200 837 destrian amenities.on peand entertainment uses, with an emphasis ,integrated retail, financial, office, servicehighest intensity of concentrated and for the dedt is intenlan. IRochester Master PDowntown of the D Business subdistrict is intended to promote the goals -The MX Purpose of Business Subdistrict c. .vicinity of the St. Mary’s Hospital and medical campus, in the uses, along with related supporting uses public-quasiand major public and erve and enhance medical facilities to pres dedinten is subdistrictD Medical -The MX SubdistrictMedical Purpose of b. Central Business subdistrict.uses that are necessary or tend to support and enhance the activities within the subdistrict is intended for less intensive commercial and service D Fringe -The MX Purpose of Fringe Subdistrict a. :below described as districtssub three has districtD -MXThe downtown area. a vibrantthat optimize public facilities and contribute to institutional development within the City, resulting in a mixture of uses nd a ,residentialto provide for the highest intensity of commercial, intended district is D-The MX Purpose 1. Mixed Use Downtown –D -MX M. 36 Version: November 2022 Unified Development Code MinnesotaRochester, Mixed Use Downtown –D -MX: Section 60.200.030M se DistrictsBa Section 60.200.030 Zone Districts: Chapter 60.200 838 2 district.-1 or R-Rzoning districts shall be provided on any lot abutting a side lot line of the \[1\] A front yard or street side yard equal in width to the front yard required in the adjacent residential NOTES 30 30 30 Accessory Structure H 235 185 135 Primary Structure G Building/Structure Height (Maximum in feet) None None None Rear F None None None Side YardsInterior Minimum Sum of E None None None Street Side None None None SideInterior D None None None \[1\] Front C Building Setbacks (Minimum in feet) None None None Lot Width B None None None Lot Area A Lot Dimensions (Minimum) Business Medical Fringe Subdistricts Lot and Building StandardsD -MX 13-200.03Table Dimensional Standards 2. 37 Version: November 2022 Unified Development Code MinnesotaRochester, Use DowntownMixed –D -MX: Section 60.200.030M Base Districts Section 60.200.030 Zone Districts: Chapter 60.300 839 60.300.020B.5Section S S S S S S S S S S P *S *S P P* P* Nursing Home S S S S S S S S S S S S S Dwelling UnitMedical Stay 60.300.020B.1Section P P P Dormitory 60.300.020B.1Section S S S S S S S S S S S S S S S HousingCongregate Group Living 60.300.020B.4Section P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Home ParkManufactured 60.300.020B.2Section S S S S S S* S* S* S* S* DevelopmentDwelling, Cottage S S S S S S S S S S S Live/WorkDwelling, 60.300.020B.3Section *S *S *S *S *S *S *S *S *S *S *S *S *S *S MultifamilyDwelling, S S S S S S S Dwelling, Fourplex S S S S S S S S S S S S S S Same LotDwelling, Duplex, S S S S S S S S S S S S Dwelling, Attached S S S S S Home-Dwelling, Twin S S S S Family Detached-Dwelling, Single Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table Allowed Uses Table 3. at the time the use is established. permit approval, license, or ederalfor permit to operate are required to have that local, state, or government to have an approval, license, eraledfany local, state, or yAll uses required b 2. 90 Version: November 2022 Unified Development Code MinnesotaRochester, Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 840 60.300.020C.10Section S S S S S S S S S S S *S P* P* P* P* P Social Services 60.300.020C.9Section P* P* P* P* P* P* P* S* S* S* S* S* S* School P S S S S S S S S S S S S S S S S S S S Public Park 60.300.020C.8Section S* S* S* S* S* S* S* S* S* S* S* S S S S S S Place of Worship 60.300.020C.7Section S S S S S S S S S S S* P* P* P* P* P* Medical Facility 60.300.020C.6Section S S S S S S S* S* P P P Funeral Home 60.300.020C.5Section S* S* S* P* P* P* P* P* P* S* S* S* P* P* P* P* P* P* P* P* ServiceEmergency 60.300.020C.4Section P* P* P* S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ PS/ C C C C FacilityCorrectional 60.300.020C.3Section S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* GardenCommunity 60.300.020C.2Section *S *S *S *S *S *S *S *S *S *S *S *P *P *P *P *P *P Community Center P P P P P P P P P P P UniversityCollege or 60.300.020C.1Section P* P* P* P* P* P* Cemetery S S S S S S S S S S S S S P P P P LibraryMuseum, and Art Gallery, Public, Institutional, and Civic Uses 60.300.020B.7Section S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ Facility 60.300.020B.6Section C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Housing Transitional Offender Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 91 Version: November 2022 Unified Development Code MinnesotaRochester, Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction .010Section 60.300 Use Regulations: Chapter 60.300 841 P S S S S S S S S S S Hotel or Motel 60.300.020D.9Section S S S S S S S S S S S S S* P* P* RestaurantFast Food 60.300.020D.6Section S S S S S P* P* P* P* BreakfastBed and 60.300.020D.5Section P* P S S S* S S S S *S S S *P Bar or Tavern Food, Beverage, and Lodging 60.300.020D.18Section *S P P* *S *S P* P* RecreationEntertainment or Outdoor 60.300.020D.13Section C* C* C* RangeIndoor Gun 60.300.020D.12Section S S S S S S S S S S S S* S* P* P* RecreationEntertainme nt or Indoor 60.300.020D.8Section P* P* RV ParkCampgrounds or P P P P P P P P P P P P P P P P P Civic CenterAuditorium or 60.300.020D.1ection S S* S* S* S* S* S* S* EntertainmentAdult Entertainment and Recreation 60.300.020D.27Section S* S* S* *S *S *S S* S* S* S* *S *S *S S S S S* Animal ServicesVeterinary and S S P S S Agriculture Retail 60.300.020D.2Section S S * P* P* S ProductionAgriculture Agricultural and Animal Uses Commercial Uses S S S S S S S S S S S S S S S EducationSpecialized Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 92 Version: November 2022 Unified Development Code MinnesotaRochester, Relation to Local, State, or Federal Laws: Section 60.300.010D onIntroducti Section 60.300.010 Use Regulations: Chapter 60.300 842 S S P S P MajorRepair Services, Automotive S S S S S P P CenterAutomotive 60.300.020D.3Section P* P* C* C* TransportationAir Vehicles and Transportation 60.300.020D.26Section *S P *S *S *S *S *S P* *S P Retail, Large 60.300.020D.25Section S S S S S S S S *S P Retail, Medium 60.300.020D.24Section S S S S S S S S S S S* S* P* *P Retail, Small 60.300.020D.23Section S S S S S S S S S S* *S S V S NeighborhoodRetail, Retail Sales 60.300.020D.21Section S S S P S P* S S S S S P TestingResearch and 60.300.020D.17Section S S S S S S S S S S S S* S* P* S Office S S S S S S S S S S S S S InstitutionFinancial 60.300.020D.9Section *S *S *P OfficeConstruction 60.300.020D.7tion Sec S S S S S S S S S* S* S S* S* S* S* *S Business or 60.300.020D.4Section S S S S S S S S S S S S V WorkshopArt Studio and Office, Business, and Professional Services 60.300.020D.22Section *S *S S *S S *S *S *S *S *S *S *S *S S P* RestaurantStandard 60.300.020D.16Section S S S S S S S S S S* S* S S S P Neighborhood Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 93 Version: November 2022 Unified Development Code MinnesotaRochester, Relation to Local, State, or Federal Laws: 00.010DSection 60.3 Introduction Section 60.300.010 Use Regulations: Chapter 60.300 843 60.300.020E.2Section C* Junkyard Storage and, Distribution, and Wholesaling 60.300.020E.4Section S S S S* S* *S *S S* S* S* P* ShopMaintenance Repair and S S P S S S Transfer FacilityRecycling S S S P Light Industry 60.300.020E.1Section S* Heavy Industry S S P P S S ServicesCommercial Heavy S S S S S S P S S S S ManufacturingArtisan Manufacturing, Processing, and Commercial Services Industrial Uses S TransportationRailroad S S S P P S P P P S Dispatch FacilityTransportation Public 60.300.020D.20Section S S S I I I *C *C *C S S S *A *A A* A* A* A* A* A Parking Lot 60.300.020D.19Sect ion *A *A *A C* C* C* C* C* C* S* *A A* A* Parking Garage 1560.300.020D.Section S S* S* S* S StorageSales, Leasing or Motor Vehicle 60.300.020D.14Section S* S* P P S* P WarehousingMotor Freight and 60.300.020D.11Section *S *S S A* *S *S *P Fueling Station Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 94 Version: November 2022 Unified Development Code MinnesotaRochester, n to Local, State, or Federal LawsRelatio: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 844 A A A A A A A A A A A A A A A A A A A A Utility, Minor 60.300.020F.3Section C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Utility, Major 60.300.020F.2Section P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted-Buildingor -GroundSolar Collector, P P A A A A A A A A A A A A A* A* A* A* A* P Energy SystemGeothermal S S S P P S P P P P P P P TowerCommunications A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Existing StructureStealth on P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Freestanding A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Existing StructureLocated on -Co 60.300.020F.1Section (CWTS)on Service TelecommunicatiWir eless Commercial Uses Utility, Communication, and Energy 60.300.020E.5Section *C *C C* I* I* I* I* I* I* I* *I *I *I *I *I *I *I *I *I *I ExcavationSand or Gravel 60.300.020E.3Section C* C* C* Quarry C Landfill Resource and Extraction 60.300.020E.7Section S* S* S* P S* S* FacilityWholesale 60.300.020E.6Section S S* *P P* S S* *P Self Service Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 95 Version: November 2022 Unified Development Code MinnesotaRochester, ate, or Federal LawsRelation to Local, St: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 845 60.300.020G.16Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Facility 60.300.020G.15Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* BoxRecycling Drop 460.300.020G.1Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* Vehicle ParkingRecreational 60.300.020G.13Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* AreaOutdoor Eating 60.300.020G.12Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* OccupationHome 60.300.020G.11Section A A A A A A A A A* A* A* A* A* A Greenhouse 60.300.020G.10Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Garage 60.300.020G.9Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Fuel Tank A A A A A A A A A A A A A A A A A A A A Electric Vehicle 60.300.020G.8Section A* A* A* A* A* A* A* A* A* A* in Facility-Drive 60.300.020G.7Section A* A* Billboard 60.300.020G.6Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* HusbandryAnimal 60.300.020G.5Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Dwelling UnitAccessory 60.300.020G.1Section Accessory Uses and Structures 60.300.020F.3Section P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted -Buildingor -GroundSystem (WECS), Conversion Wind Energy Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 96 Version: November 2022 Unified Development Code MinnesotaRochester, l LawsRelation to Local, State, or Federa: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 846 H.660.300.020Section A* A* A* A* A* T* T* T* T* T* T* T* T* T* ContainerStorage 60.300.020H.5Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Seasonal Sales 60.300.020H.4Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Garage Sale 60.300.020H.3Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Food Truck 60.300.020H.2Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Office and YardContractor's 60.300.020H.1Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* FestivalCarnival or Temporary Uses 60.300.020G.20Section A A A A A A A A A A A A A A A A A A A A Urban Agriculture 60.300.020G.19Section A A A A A A A A A A A A A A A* A* A* A* A* A or Tennis CourtSwimming Pool 60.300.020G.18Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Sales OfficeManagement or Residential 60.300.020G.17Section A* A* A* A* A* Security GuardCaretaker or Residence for Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use Agricultural specific standards apply-; Blank cell = prohibited; Uses with an * = use= temporary permitA = accessory use; T S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 97 Version: November 2022 Unified Development Code MinnesotaRochester, Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.400 847 235 185 351 95 85 65 70 60 48 36 24 StructurePrimary Building/Structure Height (Maximum in feet) None 5 0 5 8 None 7 None 5 Rear None 5 0 10 None None None None 10 SidesInterior Sum of None 5 10 None None None 5 Side Interior None 2 7 7 None 7 7 \[2\] Street Side None None 15 15 None 150 / 150 / Front in feet)/Maximum, Building Setbacks (Minimum None None None None None None None Lot Width None None None None None None None Lot Area Lot Dimensions (Minimum) Business Medical Fringe Village Node Corridor D-MX \[1\] T-MX I-MX G-MX C-MX S-MX N-MX DistrictsMixed Use Zoning 2-400.02Table Use Zoning Districts Mixed 2. 24 feet for Accessory Dwelling Units.\] 6\[ .lineck a minimum of 20 feet from the street side lot except for garages accessed from the side street, which shall be set ba10 feet from the street side lot line, Accessory buildings/structures facing a street shall be setback a minimum of \]5\[ .Existing Small Lots ,Section 60.400.020D.5See \] 4\[ .Sacs-de-Cul ,Section 60.400.040C.3.f sacs must also comply with-de-Lots on cul\] 3\[ d.provide2 district shall be -1 or R-2 district, a setback at least equal in width to the front yard required in the adjacent R-1 or R-Rtback on the abutting lot shall be provided. On any lot where a street side setback abuts a side lot line of a lot in the sehalf the width to the front yard -street side setback within 25 of the abutting side lot line, a setback at least equal to one2 district, the -1 or R-\[2\] On any lot where a street side setback abuts a side lot line in any district other than and R .linecommon lot line and the street side yard A lot that has a street side yard within 25 feet of a front yard on an adjacent lot shall be set back 25 feet from the \[1\] NOTES %52 %35 40% %04 %50 None Landscape Area Minimum Way-of-Public Right 4-R 3-R 2x-R 2-R 1-R AG DistrictsAgricultural and Residential Zoning 1-400.02Table 149 Version: November 2022 Unified Development Code MinnesotaRochester, General Dimensional Standards: Section 60.400.020E Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 848 \]7\[ None \]6\[None None Accessory Structure \]5\[ 50 \]5\[ 40 \]4None \[ Primary Structure Building/Structure Height (Maximum in feet) None 10 \]310 \[ Rear None None None Sum of Interior Sides None None None SideInterior 12 12 12 \]2\[ Street Side 25 25 25 Front Building Setbacks (Minimum in feet) None None None Lot Width None None acres \[1\] 5 Lot Area Lot Dimensions (Minimum) SI LI BP DistrictsZoning esidentialR-Non 3-400.02Table esidentialR-Non 3. . .\] 24 feet for Accessory Dwelling Units3\[ district shall be provided.2 -1 or R-Requal in width to the front yard required in the adjacent at leastback set a2 district, -1 or R-ot in the Rof a l where a street side setback abuts a side lot lineny lot On aabutting lot shall be provided. width to the front yard setback on the half the -to oneine, a setback at least equal side lot l the abutting within 25 ofsetback the street side 2 district, -1 or R-a side lot line in any district other than and Rwhere a street side setback abuts On any lot \] 2\[ oriented spaces in the front setback area.-and requirements for the creation of pedestrian ,imum max, heightcontains additional limits on Standards Additional District, Section 60.200.030L.3\[1\] NOTES 0% 8% 5% 5% 5% 5% 20% %51 %02 %51 5%2 Area Landscape Minimum None 5 5 4 1 01. 70. 2.0 0.5 RatioFloor Area Maximum None 300 300 300 None None None None None Length Building Maximum Other Standards 30 30 30 30 30 30 25 25 15 \[3\] 15 \[3\] 15 \[3\] StructureAccessory Business Medical Fringe Village Node Corridor D-MX \[1\] T-MX I-MX G-MX C-MX S-MX N-MX DistrictsMixed Use Zoning 2-400.02Table 150 Version: November 2022 Unified Development Code MinnesotaRochester, General Dimensional Standards: Section 60.400.020E Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 849 1 per DU 2 per DU DU 1 per Manufactured Home Park 1.5 per DU 1 per DU 2 per DU 1 per DU DevelopmentDwelling, Cottage 0.75 per DU Dwelling, Live/Work 4 BR unit or moreper 3 BR unit; 2 per per 2 BR unit; 1.5 1 per 1 BR unit; 1 0.5 per DU 1.5 per DU 0.5 per DU MultifamilyDwelling, 1 per DU 1 per DU Dwelling, Fourplex 1 per DU 1 per DU Dwelling, Triplex 1 per DU 1 per DU Dwelling, Duplex, Same Lot 1.5 per DU 1 per DU 1.5 per DU 1 per DU Dwelling, Attached 1 per DU 1 per DU Home-Dwelling, Twin 1 per DU DU1 per DetachedFamily - Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirementfloor area (unless stated otherwise); Blank Cell or grossDU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed Minimum and Maximum Vehicle Parking Required 1-400.08Table .Maximum Vehicle Parking RequiredMinimum and , 1-400.08Table that complies with the requirements ofstreet parking spaces -offa number of each development shall provide Unless otherwise provided in this UDC, Vehicle Parking RequiredMaximum Minimum and E. .Section 60.400.080F.9Management Plan in accordance with rking requirement based on a Travel Demand Establish the minimum vehicle pa c. source of parking demand data; orresources published by the Institute of Traffic Engineers (ITE) or other acceptable Establish the minimum vehicle parking requirement by reference to parking b. mmunity Development Director); Cothe most similar related occupancy classification, or other factors determined by the (based on operating characteristics, that is deemed most similar to the proposed usefor the listed use 1-400.08Table parking requirement inApply the minimum vehicle a. requirements based on:shall determine minimum parking the Community Development Director Required,inimum and Maximum Vehicle Parking M, 1-400.08Table in For uses not expressly listed Parking and Loading for Unlisted Uses 3. 225 Version: November 2022 Unified Development Code MinnesotaRochester, Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E StackingParking, Loading, and Section 60.400.080 Development Standards and Incentives: Chapter 60.400 850 excess of 4,000 sq. 1 per 500 sq. ft. in 2 per 1,000 sq. ft. Services Veterinary and Animal No requirement Agriculture Retail No requirement Agriculture Production Agricultural and Animal Uses Commercial Uses 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. 3 per 1,000 sq. ft. Specialized Education 2.5 per 1,000 sq. ft. ServicesSocial greaterwhichever is classroom, room, or 1 per main assembly the auditorium or 1 per 10 seats in School 1 per 4 seats 1 per 5 seats 1 per 3 beds 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. per 1,000 sq. ft.3 1 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. Funeral Home 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. 2.5 per 1,000 sq. ft. Emergency Service 1 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. Day Care Facility 1,000 sq. ft. 5 per 2.5 per 1,000 sq. ft. Correctional Facility 3 per 1,000 sq. ft. 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. TDM Plan Required TDM Plan Required College or University Cemetery 1 per 800 sq. ft. (TOD)sq. ft. 1 per 500 1 per 700 sq. ft. LibraryArt Gallery, Museum, and Public, Institutional, and Civic Uses 1 per 3 beds 1 per 4 beds 1 per 2 beds 1 per 3 beds Residential Care Facility 1 per 4 beds 1 per 3 beds Housing Offender Transitional 1 per 2 beds 1 per 4 beds 1 per 2 beds 1 per 3 beds Nursing Home 2 per DU 1 per DU Medical Stay Dwelling Unit 1.5 per bed 1 per 3 beds 1 per 2 beds Dormitory 1 per 2 beds 1 per 3 beds 1 per bed 1 per 2 beds Congregate Housing Group Living Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirementfloor area (unless stated otherwise); Blank Cell or grossDU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed Minimum and Maximum Vehicle Parking Required 1-400.08Table 226 Version: November 2022 Unified Development Code MinnesotaRochester, Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080 lopment Standards and IncentivesDeve: 85 851)2011(,?#4052?)2003(#3534 ,?)2004(,?#3669?)1991(#2726 ZONING ORDINANCE OF THIS REPORTDEFINING THE CONTENTS SPECIAL DISTRICTS AND CREATING THE MAYO CLINIC HISTORICAL ZONING CODES FINAL REPORT |MAYO CLINICFive-Year Plan Update | 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 86 882 RESPONSE LETTERCOMMUNITY DEVELOPMENT CITY OF ROCHESTER FINAL REPORT |MAYO CLINICFive-Year Plan Update | 883 884 There are no comments from this agency at this time. RPU Water Review 9/6/2023 There are no comments from this agency at this time. RPU Electric Review 9/5/2023 Fire Review 9/6/2023 County Public Works ResourcesCounty Environmental Building Plan Review 9/5/2023 002TA-CD2023 Application No: Agency Review Comments 1of 1Page 9/22/2023 2:12:47 PM M 885 tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.noitangised?pam?gninoz?dna?noitaxennaeht?fo?lavorppa?dnemmocer?ot?ylsuominanu?detov?noissimmoC?gninnalP?eht?,3202?,31? rebmetpeS?nO?.dettimrep?si?sdradnats?lanoisnemid?dna?esu?3R?eht?htiw?tnetsisnoc?tnempolevedyna?,3R?detangised?si?etis?eht?ecno?,revewoH?.egnar?eht?fo?dne?wol?eht?ta?ytisned?rof?noitceridnalp?evisnehe rpmoc?eht?htiw?tnetsisnoc?si?hcihw?,erca?rep?stinu?02?fo?ytisned?a?etareneg?lliw?stinu001?fo?tnempoleved?A?.stinu?001?naht?retaerg?on?htiw?,ytinummoc?ylimafitlum?)+55(?roines?ro?ycnapuccolareneg?etar -tekram?a?dliub?ot?tnetni?rieht?si?ti?seton?repoleved?ehT?.tcirtsid?siht?ni?dettimrep?osla?era,sesu?yrallicna?etanidrobus?rehto?dna?,tnempoleved?xelpruof?,sexelpirt?,sesuohnwot?sa?hcus?,sesu?rehtO.sm uinimodnoc?dna?stnemtrapa?sa?hcus?stinu?gnisuoh?ylimaf-itlum?setadommocca?yllareneg?tcirtsid?3RehT?.tnemdnemA?nalP?esU?dnaL?tnecer?eht?htiw?tnetsisnoc?si?noitangised?tcirtsiD?gninoZ?desoporp?ehT.noit angised?RDM?eht?rof?elbarovaf?etis?eht?gnikam?scitsiretcarahc?cificeps-etis?lareves?dna?,esu?dnalytisnetni?rehgih?dna?sdoohrobhgien?ylimaf-elgnis?neewteb?esu?lanoitisnart?a?dehsilbatse?egnahc?eht?,es udesoporp?eht?yb?desimorpmoc?ton?saw?)NTP(?krowteN?tisnarT?yramirP?eht?fo?noitatnemelpmi?eht?,aeratnemdnema?eht?fo?ezis?llams?ylevitaler?eht?,gnisuoh?roines?lanoitidda?edivorp?ot?ytinutroppo?eht?;gni dulcni,srotcaf?lareves?no?desab?devorppa?saw?tnemdnema?ehT?.)RDM(?laitnediseR?ytisneD-muideM?ot?)RDL(laitnediseR?ytisneD-woL?morf?ytreporp?eht?fo?noitangised?esu?dnal?eht?degnahc?tnemdnema?ehT?.etist cejbus?eht?rof?)APC100-3202DC(?tnemdnemA?nalP?esU?dnaL??a?devorppa?licnuoC?,3202?,51?yaM?nO.)RDM(?laitnediseR?ytisneD?muideM?fo?noitacifissalcesu?dnal?gniylrednu?eht?htiw?ecnamrofnoc?ni?,paM?gninoZ?r etsehcoR?eht?no?)laitnediser?ytisned-muidem(3-R?etis?eht?etangised?ot?stseuqer?dna?ytreporp?eht?fo?noitaxenna?skees?tnacilppa?ehT?.sedis?ruof?lla?noytiC?eht?yb?dednuorrus?dna?stimil?detaroprocnI?rets ehcoR?fo?ytiC?eht?edistuo?detacol?yltnerruc?si?ytreporpehT?.WN?evA?ht73?dna?,WN?tS?ht56?fo?renroc?tsewhtuos?eht?ta?detacol?,serca?31.5?si?etis?tcejbus?ehT:evitarraN?tropeR?.WN?evA?ht73?fo?tsew?dna?WN ?tS?ht56?fo?htuos?detacol?,)3-R(?laitnediseRytisneD?muideM?ot?noitangised?gninoz?eht?egnahc?dna?etis?erca-31.5?a?etaroprocni?ot?,seinapmoCreieM?yb?,XNA500-3202DC?.oN?ecnanidrO?yb?noitaxennA?fo?gnidae R?tsriF?eht?gniliF?dna?gnivieceR:detseuqeR?noitcA???1.J)mossolB?ehT(?seinapmoCreieM?yb?XNA500-3202DC?.oN?noititeP?noitaxennA NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?tsriF?ecnanidr O:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE F 886 mossolB?ehT?XNA500-3202DC?-?ecnanidrO:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempoleve d?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF lavorppA?dna?gniraeH?cilbuP?-?gniteeM?licnuoC?:3202?,2?rebotcOrepapsweN?ni?dehsi lbuP?ecitoN?cilbuP?:3202?,32?rebmetpeSnoitadnemmoceR?lavorppA?-?noissimmoC?gninnalP?:3202?,31?rebmetpeSstnemeriuqeRecitoN?etatS?reP?srenwO?ytreporP?tnecajdA?ot?tneS?ecitoN?gniraeH?cilbuP?:3202?,92?ts uguAgniteeM?noitamrofnI?doohrobhgieN?:3202?,51?tsuguA?)APC100-3202DC(?tnemdnemA?nalP?esU?dnaL?fo?lavorppA?dna?gniraeH?cilbuP?-?gniteeM?licnuoC?:3202?,51?yaM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL ?roirP.ytilibaniatsus?lacsif?gnizisahpmeyb?nalP?evisneherpmoC?eht?fo?seicilop?dna?slaog?eht?srehtruf?tseuqer?dnaL?fo?noitaxennA?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR? lacsi Acres, more or less. 31.5Said tract contains said east line to the point of beginningline of said North 63.00 feet, to the east line of said Northeast Quarter; thence southerly along rter; thence easterly, along the south 63.00 feet of the East 148.00 feet of said Northeast Qua73.00 feet, a distance of 100.50 feet; thence northwesterly to the southwest corner of the North North 73.00 feet of said Northeast Quarter; thence westerly, along the south line of said North of the 5. That part of said Northeast Quarter described as beginning at the southeast corner 4. The South 15.00 feet of the North 63.00 feet of the East 148.00 feet thereof; and 3. The South 10.00 feet of the North 68.00 feet of the West 140.00 feet thereof; of;2. The South 10 00 feet of the North 58.00 feet of the West 240.00 feet there 1. The North 48.00 feet thereof; Less the following described parcels: 410 feet, thence East 637.5 feet to the point of beginning, Olmsted County, Minnesota;feet, thence North 637.5 feet, thence North 410 feet, thence East 637.5 feet, thence West 637.5Township One Hundred Seven (107), Range Fourteen (14), thence South 410 feet, thence West Beginning at the Northeast corner of the Northeast Quarter (NE 1/4) of Section Eight (8), is described as follows:request described in the annexation The land .)(3Subd.2 pursuant to Minn. Stat. §414.033id land to annex sathe Common Council requested that City of Rochester Community Development Department Section 2. acres in size, and is not served by a wastewater facility other than the City of Rochester.abuts the City of Rochester, is less than 120 Whereas the subject property Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: .WN EUNEVA HT 73 DNA WN TEERTS HT 56 FO RENROC TSEWHTUOSAT ACRES, LOCATED APPROXIMATELY AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER ORDINANCE NO. _____________ 888 County Auditor and the Secretary of State., the Clerk pshiTownCthe Municipal Boundary Adjustments, – Administrative HearingsOffice of publication and from and after the filing of a certified copy hereof with the Minnesota This ordinance shall take effect and be in force from and after its official .ection 10S . )alesidentiRDm ediuM( 3-Rabove will be zoned 2Upon annexation the land described in Section .9Section serve the area annexed.tation, and trunk line sanitary sewer construction, heretofore or hereafter undertaken to pumping sassess against benefited property all or a portion of the cost of any storm sewer, water tower, notified that in addition to the usual assessments, it is the intention of the Common Council to ers of the lands annexed by this ordinance are hereby Present and future own .8Section as if it had originally been a part thereof.above is hereby annexed, added to and made a part of the City of Rochester, Minnesota, 2Section the land described in ),3Therefore, pursuant to Minn. Stat. §414.033, subd. 2( .Section 7 equivalent of three years’ taxes in two years. , the City shall pay the Township the 6. Stat. §414.03As provided in Minn .6Section .served by a wastewater facility other than the City of Rochesteran 120 acres in size, and is not abuts the City of Rochester, is less ththe land determined that Following the public hearing, the Common Council of the City of Rochester .5Section .and to all landowners within and contiguous to the area to be annexed Township ascadeCby certified mail to the 30 days' written notice by giving§414.033, subd. 2b, to Minn. Stat. pursuant of said public hearing, The City provided notification .4Section . of the subject pannexation ed consider hearing andheld a public the Common Council ,2023 ,2 rebotcOOn .3Section and restrictions of record.acres and is subject to any easements, covenants, 31.5The above described parcel contains PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF889 ANX.500-3CD202\\20Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .3APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .3ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 M 890:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.srenwo?ytreporp?fo?sthgir?eht?gnitcetorposla?elihw?,retsehcoR?ni?sdnal?fo?esu?dna?tnempoleved?eht?rof?slortnoc?elbanosaer?dna?etairporppagnidivo rp?yb?eraflew?dna?,ytefas?,htlaeh?cilbup?etomorp?setadpu?dednemmocer?eht?fo?lavorppA:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.CDU? eht?fo?noitces?draobllib?eht?ot?stide?suoirav?eht?seniltuo?dna?,omeMtnempoleveD?ytinummoC?eht?ot?dehcatta?si?)"pU-wolloF?draoblliB"(?omem?detadpu?nA?.nagaeR?dnaytiC?eht?neewteb?gniteem?eht?fo?tluser? a?sa?,etadpU?CDU?dednemmocer?eht?ot?dedda?evah?sdraobllibot?gnitaler?stide?lanoitidda?xiS?.ytiralc?egaugnal?dna?ycilop?draobllib?gnitsixe?no?snrecnoc?ot?denetsil?dnanagaeR?htiw?tem?maeT?tnempoleveD?y tinummoC?eht?,gniraeh?cilbup?eht?gniwolloF?.CDU?eht?fo?snoitcesdraobllib?eht?ot?setadpu?desoporp?eht?dna?egaugnal?tnerruc?eht?htob?htiw?snrecnoc?desserpxe?,ynapmocdraobllib?lacol?a?,)"nagaeR"(?gnisit revdA?roodtuO?nagaeR?,3202?,41?enuJ?no?gniraeh?cilbup?eht?gniruD?.tnempoleveD?ytinummoC?yb?dedivorpetadpU?CDU?eht?fo?lavorppa?dnemmocer?ot?0-6?detov?noissimmoC?gninnalP?eht?,3202?,41?enuJ?nO?.redisno c?ot?licnuoC?rof?stpecnoc?wen?wefa?dna?,edoc?fo?snoitces?dettimo?yllanoitnetninu?,snoitacifiralc?elpmis?edulcni?taht?setadpu?dednemmocerdeifitnedi?evah?,rotces?etavirp?eht?ni?seugaelloc?htiw?gnola?,m aet?ytiC?eht?,etadpu?desimorp?eht?fo?trapsA?.CDU?eht?rednu?snoitacilppa?tnempoleved?05?revo?deweiver?sah?maeT?tnempoleveD?ytinummoC?ehT?.ytiC?eht?fo?eraflew?lareneg?eht?esivda?ot?dna?,ycilop/noitidno c?ni?segnahc?ot?dnopserot?,retfaereht?setadpu?launna?dna?,noitpoda?retfa?shtnom?xis?etadpu?na?drawrof?gnirb?ot?desimorpmaeT?tnempoleveD?ytinummoC?eht?,lavorppa?eht?fo?trap?sA?.3202?,1?yraunaJ?fo?etad ?noitatnemelpmina?tes?dna?)CDU(?edoC?tnempoleveD?deifinU?eht?devorppa?licnuoC?,2202?,7?rebmetpeS?nO:evitarraN?tropeR?.edoC?tnempoleveD?deifinU?eht?etadpuot?,retsehcoR?fo?ytiC?eht?yb?,AT100-3202DC?.oN ?tnemdnemA?txeT?gnivorppa?ecnanidrO?na?gnitpodA:detseuqeR?noitcA???1.KetadpU?edoC?tnempoleveD?deifinU?-?retsehcoRfo?ytiC?eht?yb?AT100-3202DC?.oN?tnemdnemA?txeT NOITCA?ROF?TSEUQER egarK-reldnipS?leahc iM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE S 891 AT100-3202DC?-?stnemdnemA?CDU:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?d eniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF gnidaeR?ecnanidrO?tsriF?-?gniteeM?licnuoC?:3202?,81?rebmetpeStnemdnemA?txeT?fo?lavorppA? dna?gniraeH?cilbuP?-?gniteeM?licnuoC?:3202?,01?yluJrepapsweN?ni?dehsilbuP?gniraeH?cilbuP?fo?ecitoN?:3202?,1?yluJgniraeH?cilbuP?-?gniteeM?noissimmoC?gninnalP?:3202?,41?enuJedoC?tnempoleveD?deifinU?fo? noitpodA?-?gniteeM?licnuoC?:2202?,7?rebmetpe 892SUBPARAGRAPH (A) OF PARAGRAPH 3 OF 60.500.050, SUBSECTION (5) OF (2) OF SUBPARAGRAPH (B) OF PARAGRAPH 4 OF CLAUSE C OF SECTION OF PARAGRAPH 4 OF CLAUSE A OF SECTION 60.500.050, SUBSECTION (1) CLAUSE A OF SECTION 60.500.050, SUBSECTION 3 OF SUBPARAGRAPH (C) ECTION 60.500.050, PARAGRAPH 4 OF PARAGRAPH 3 OF CLAUSE A OF SOF CLAUSE N OF SECTION 60.500.040, SUBPARAGRAPHS (B) AND (C) OF CLAUSE K OF SECTION 60.500.040, SUBPARAGRAPH (E) OF PARAGRAPH 4 OF CLAUSE H OF SECTION 60.500.040, CLAUSE J OF SECTION 60.500.040, SECTION 60.500.040, PARAGRAPH 2 OF SECTION 60.500.030, CLAUSE C OFSECTION 60.500.030, SUBPARAGRAPH B OF PARAGRAPH 2 OF CLAUSE F SUBSECTION (3) OF SUBPARAGRAPH B OF PARAGRAPH 3 OF CLAUSE E OF B OF PARAGRAPH 1 OF CLAUSE C OF SECTION 60.500.030, SUBPART (C) OF TION 60.500.030, SUBPARAGRAPH OF PARAGRAPH 2 OF CLAUSE B OF SEC1 OF CLAUSE B OF SECTION 60.500.010, SUBPARAGRAPH C -TABLE 500.01CLAUSE K OF SECTION 60.400.120, CLAUSE B OF SECTION 60.400.120, SECTION 60.400.110, CLAUSE G OF SECTION 60.400.110, PARAGRAPH 1 OF PARAGRAPH 3 OF CLAUSE F OF CLAUSE F OF SECTION 60.400.110, SECTION 60.400.110, CLAUSE D OF SECTION 60.400.110, PARAGRAPH 2 OF PARAGRAPH 2 OF CLAUSE B OF 5, OF SECTION 60.400.080, -TABLE 400.084 OF CLAUSE I OF SECTION 60.400.080, CLAUSE J, INCLUDING -TABLE 400.08SECTION 60.400.080, 1 OF CLAUSE E OF-SECTION 60.400.080, TABLE 400.08PARAGRAPH 4 OF CLAUSE F OF SECTION 60.400.070, CLAUSE B OF CLAUSE E OF SECTION 60.400.070, CLAUSE F OF SECTION 60.400.070, SECTION 60.400.060, TITLE OF SUBPARAGRAPH (a) OF PARAGRAPH 4 OF 00.060, CLAUSE E OF SUBPARAGRAPH 2 OF CLAUSE D OF SECTION 60.460.400.040, SUBPARAGRAPH 3 OF CLAUSE C OF SECTION 60.400.050, OF SECTION 60.400.040, PARAGRAPH 11 OF CLAUSE D OF SECTION SECTION 60.400.030, SUBPARAGRAPH F OF PARAGRAPH 3 OF CLAUSE C 0, PARAGRAPH 15 OF CLAUSE E OF CLAUSE F OF SECTION 60.400.02OF CLAUSE F OF SECTION 60.400.020, THE TITLE OF PARAGRAPH 7 OF , SUBPARAGRAPH A OF PARAGRAPH 2 CLAUSE B OF SECTION 60.400.0101 OF -PARAGRAPH 8 OF CLAUSE G OF SECTION 60.300.020, TABLE 400.017 OF CLAUSE G OF SECTION 60.300.020, SECTION 60.300.020, PARAGRAPH CLAUSE C OF SECTION 60.300.020, PARAGRAPH 26 OF CLAUSE C OF PARAGRAPH 24 OF CLAUSE C OF SECTION 60.300.020, PARAGRAPH 25 OF SECTION 60.300.010, PARAGRAPH 23 OF CLAUSE C OF SECTION 60.300.020, 1 OF PARAGRAPH 3 OF CLAUSE D OF -1SECTION 60.200.040, TABLE 300.060.200.040, SUBPARAGRAPH (b) OF PARAGRAPH 7 OF CLAUSE E OF SUBPARAGRAPH (C) OF PARAGRAPH 3 OF CLAUSE E OF SECTION OF PARAGRAPH 3 OF CLAUSE E OF SECTION 60.200.040, SUBSECTION 1 OF 60.200.040, SUBSECTION 3 OF SUBPARAGRAPH (a) CLAUSE D OF SECTION SUBPARAGRAPH (D) OF PARAGRAPH 12 OF , L OF SECTION 60.200.030OF PARAGRAPH 2 OF CLAUSE 12-AMENDING TABLE 200.03AN ORDINANCE ORDINANCE NO. ____ 893 2 district.-1 or R-lot line of the Rdistricts shall be provided on any lot abutting a side \[1\] A front yard or street side yard equal in width to the front yard required in the adjacent residential zoning NOTES 300 300 300 Building Length 30 30 30 Accessory Structure 95 85 65 StructurePrimary D Building/Structure Height and Length (Maximum in feet) 5 0 5 Rear C 5 0 10 Side YardsMinimum Sum of Interior 2 2 2 Street Side 5 500 5 Interior Side B 0 0 0 Front \[1\] A Building Setbacks (Minimum in feet) None None None Lot Width None None None Lot Area Lot Dimensions (Minimum) Node Corridor Subdistricts T Lot and Building Standards-MX 1-Error! No text of specified style in document.Table Dimensional Standards 2 follows:as amended is of the Unified Development Code to Dimensional Standards relating 200.030 60.12 of Paragraph 2 of Clause L of Section -Table 200.03 .1Section THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: CODE. OF THE UNIFIED DEVELOPMENT 60.500.080, AND VARIOUS DEFINITIONSPARAGRAPH 4 OF CLAUSE I OF SECTION 60.500.080, CLAUSE J OF SECTION SECTION 60.500.070, SUBSECTION (2) OF SUBPARAGRAPHS (A) OF CLAUSE B OF SECTION 60.500.070, PARAGRAPH 3 & 4 OF CLAUSE C OF 2 OF PARAGRAPH 3 OF -ABLE 500.07CLAUSE B OF SECTION 60.500.070, TSECTION 60.500.070, SUBPARAGRAPHS (D) AND (F) OF PARAGRAPH 3 OF 1 OF PARAGRAPH 4 OF CLAUSE A OF -SECTION 60.500.060, TABLE 500.07CLAUSE B OF SECTION 60.500.060, PARAGRAPH 4 OF CLAUSE H OF 894 and prepared by the Federal Emergency Management dated September 21, 2023 19, 2017and the Flood Insurance Rate Map for Olmsted County and Incorporated Areas, all dated April and Incorporated Areas, including the Flood Insurance Study for Olmsted County, Minnesota,materials are attached and hereby adopted by reference and declared to be part of this UDC To aid in the identification and designation of properties in the flood related districts, certain 3) follows:of the Unified Development Code is amended as General Requirements relating to 60.200.040 Subsection 3 of Subparagraph (a) of Paragraph 3 of Clause E of Section .3Section period to appeal the decision of the City Council. business days. The mailing to the applicant must include information on the process and time 10 decision within technical evaluation panel’s Council’s All parties shall be notified of the 6) 8 . part of the decision record panel’s findings and recommendation, the detailed reasons for the disagreement must be the City Council does not agree with the the technical evaluation panel was consulted and If must consider comments received from those required to receive notice. evaluation panel technical City Council. The technical evaluation panel as specified in Minn. R. pt. 8420.0240recommendatio n of the and on the 8420.0544, —standards in Minn. R. pts. 8420.0500must base its decisions on the replacement technical evaluation panel City CouncilThe 5)7 replacement plan application.uncil may approve, approve with conditions, or disapprove the Minn. Stats. 15.99. The City CoThe City Council shall hold a public hearing and act upon the application in conformance with 6) conditions, or disapproval of the proposed replacement plan. ctor shall prepare a report recommending approval, approval with Development DireCity Council to consider the application. Prior to City Council review, the Community The Community Development Director shall schedule a public hearing and review before the 5) panel as specified in Minn. R. pt. 8420.0240(C). evaluation seek the advice of the technical shall mayThe Community Development Director 4) evaluation panel, the Commissioner, and members of the public who have requested a copy. mit a copy of the application and notice of application to members of the technical transThe Community Development Director shall, within 15 days of a complete application, 3) 8420.0330. —on Minn. R. pts. 8420.0305The Community Development Director must determine that an application is complete based 2) y with Minn. R. pt. 8420.0330. Director. The contents of the plan shall complApplication for wetland replacement plans must be submitted to the Community Development 1) shall be made pursuant to the following procedures: Error! Reference source not found. Error! Reference source not 8420.0544 and decisions regarding exceptions under —8420.0500Sequencing and replacement plan decisions under Minn. R. pts. 8420.0325, 8420.0330, and d. follows:as amended of the Unified Development Code is to Sequencing and Replacement Plan Decision relating of Section 60.200.040 Dof Clause 12) of Paragraph dSubparagraph ( Section 2. 895 60.300.020B.6 C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Transitional Offender Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts anddistricts tial -Residen -Non Use Mixed Agriculturaland Residential specific standards apply-A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = useinterim use; = vacant use; I = V approval; Council City = C approval; Planning Commission P = approval; = Staff S Table Uses Allowed 1- Table is hereby amended as follows: the Allowed Uses Table of the Unified Development Code1 of Paragraph 3 of Clause D of Section 60.300.010 relating to -300.01Table .6Section on the horizontal extension of the Regulatory Flood Protection Elevation (RFPE) (below).The regulatory limits of the district boundaries shall be further extended outward based b. :repealedhere by of the Unified Development Code is to the Floodplain Limits Paragraph 7 of Clause E of Section 60.200.040 relating Subparagraph (b) of .5Section 60.200.040.E.7.b.Regulatory Flood Protection Elevation, as specified in Section dditional area encompassed by the horizontal extension of the includes any aThis district also within the corporate boundaries of the City prior to November 3, 1980. fringe, or within Zone AO on the Flood Insurance Rate Map adopted in this Section and were includes those areas within Zone AE and designated as flood The Flood Fringe subdistrict 1) Code is amended as follows:Development of the Unified relating to the Designation of the Flood Fringe Subdistrict 60.200.040 Subsection 1 of Subparagraph (c) of Paragraph 3 of Clause E of Section .4Section available data.nd 27109C0295E, dated May 29, 2020, are also hereby adopted as best 27109C0282G aPreliminary panels . mber 21, 2023. e295E, dated Sept027109C0282G, and 27109C27109C0315D, dated April 19, 2017; as well as panels 2719C0130E, , 27109C0313E and 27109C0308E, 27109C0302F, 27109C0303E, 27109C0304E, 27109C0306F, 27109C0307E,01F, , 27109C0327109C0284D27109C0282F27109C0166F, 27109C0168F, 27109C0169E, 27109C0155E, 27109C0158E, 27109C0161F, 27109C0162F, 27109C0163F, 27109C0164F, 27109C0141F, 27109C0142F, 27109C0143E, 27109C0144F, 27109C0153F, 27109C0154F, : te Map Panels: 27109C0135DFlood Insurance RapanelsAgency, including the following 896 SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG anddistricts tial -Residen -Non Use Mixed Agriculturaland Residential specific standards apply-prohibited; Uses with an * = useA = accessory use; T = temporary permit; Blank cell = interim use; = vacant use; I = V approval; Council City = C approval; Planning Commission P = approval; = Staff S Table Uses Allowed 1- Table 60.300.020C.9 P* P* P* P* P* P* P* S* S* S* S* S* S* School P S S S S S S S S S S S S S S S S S S S Park Public S S S S S S S S S S S S S S Public 60.300.020C.8 S* S* S* S* S* S* S* S* S* S* S* S S S S S S Worship of Place 60.300.020C.7 S S S S S S S S S S S* P* P* P* P* P* Medical 60.300.020C.6 S S S S S S S* S* P P P Home Funeral 60.300.020C.5 S* S* S* P* P* P* P* P* P* S* S* S* P* P* P* P* P* P* P* P* ServiceEmergency 60.300.020C.4 P* P* P* S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ PS/ Care Day C C C C Correctional 60.300.020C.3 S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* GardenCommunity 60.300.020C.2 S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* P* P* Center Community P P P P P P P P P P P Universityor College 60.300.020C.1 P* P* P* P* P* P* S S S S S S S S S S S S S P P P P Libraryand Museum,Art Gallery, Uses Civic and Institutional, Public, 60.300.020B.7 S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ Care Residential Housing 897 specific standards apply-cell = prohibited; Uses with an * = useA = accessory use; T = temporary permit; Blank interim use; = vacant use; I = V approval; Council City = C approval; Planning Commission P = approval; = Staff S Table Uses Allowed 1- Table 60.300.020D.6 S S S S S P* P* P* P* Breakfast 60.300.020D.5 P* P S S S* S S S S S* S S P* Tavern or Bar Lodging and Beverage, Food, 60.300.020D.18 S* P P* S* S* P* P* Recreationor Entertainment 60.300.020D.13 C* C* C* RangeGun Indoor 60.300.020D.12 S S S S S S S S S S S S* S* P* P* Recreationor Entertainment Indoor 60.300.020D.8 P* P* RV Parkor Campgrounds P P P P P P P P P P P P P P P P P Civic Centeror Auditorium 60.300.020D.1 S* S* S* S* S* S* S* EntertainmentAdult Recreation and Entertainment 60.300.020D.27 S* S* S* S* S* S* S* S* S* S* S* S* S* S S S S* AnimalVeterinary and S S P S S Retail Agriculture 60.300.020D.2 S S * P* P* S ProductionAgriculture Uses and Agricultural Uses Commercial S S S S S S S S S S S S S S S EducationSpecialized 60.300.020C.10 S S S S S S S S S S S S* P* P* P* P* P Social StandardsSpecific -Use Business Medial Fringe Village Node Corridor applicable)(where subdistricts 898 P* P* C* C* Air Transportation and Vehicles 60.300.020D.26 S* P S* S* S* S* S* P* S* P Large Retail, 60.300.020D.25 S S S S S S S S S* P Medium Retail, 60.300.020D.24 S S S S S S S S S S S* S* P* P* Small Retail, 60.300.020D.23 S S S S S S S S S S* S* S V S Neighborhood Sales 60.300.020D.21 S S S P S P* S S S S S P Testingand 60.300.020D.17 S S S S S S S S S S S S* S* P* S Office S S S S S S S S S S S S S InstitutionFinancial 60.300.020D.9 S* S* P* OfficeConstruction 60.300.020D.7 S S S S S S S S S* S* S S* S* S* S* S* Service Business or 60.300.020D.4 S S S S S S S S S S S S V and Studio Art Services Professional and Business, Office, 60.300.020D.22 S* S* S S* S S* S* S* S* S* S* S* S* S P* RestaurantStandard 60.300.020D.16 S S S S S S S S S S* S* S S S P Service and FoodNeighborhood P S S S S S S S S S S Motel or Hotel 60.300.020D.9 Section 60.300.020D.10 Section S S S S S S S S S S S S S* P* P* RestaurantFast Food Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts anddistricts tial -Residen -Non Use Mixed Agriculturaland Residential 899 S S S S S S P S S S S Manufacturing Services Commercial and Processing, Manufacturing, Uses Industrial S TransportationRailroad S S S P P S P P P S Transportation Public 60.300.020D.20 S S S I I I C* C* C* S S S A* A* A* A* A* A* A* A Lot Parking 60.300.020D.19 A* A* A* C* C* C* * CS C* C* S* A* A* A* Garage Parking 60.300.020D.15 S S* S* S* S Storageor Leasing Sales,Motor Vehicle 60.300.020D.14 S* S* P P S* P Warehousingand Freight Motor 60.300.020D.11 S* S* S A* S* S* P* Station Fueling S S P S P MajorServices, Repair Automotive S S S S S P P CenterAutomotive Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts anddistricts tial -Residen -Non Use Mixed Agriculturaland Residential specific standards apply-cell = prohibited; Uses with an * = useA = accessory use; T = temporary permit; Blank interim use; = vacant use; I = V approval; Council City = C approval; Planning Commission P = approval; = Staff S Table Uses Allowed 1- Table 60.300.020D.3 Transportation 900 A* A* A* A* A* A* A* A* A* A* in-Drive 60.300.020G.7 A* A* A* Billboard 60.300.020G.6 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* HusbandryAnimal 60.300.020G.5 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Unit Accessory 60.300.020G.1 Structures and Uses Accessory 60.300.020F.3 P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted -or -Ground SystemConversion Wind Energy A A A A A A A A A A A A A A A A A A A A Minor 60.300.020F.3 C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Major 60.300.020F.2 P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted-or -GroundSolar Collector, Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts anddistricts tial -Residen -Non Use Mixed Agriculturaland Residential specific standards apply-prohibited; Uses with an * = useA = accessory use; T = temporary permit; Blank cell = interim use; = vacant use; I = V approval; Council City = C approval; Planning Commission P = approval; = Staff S Table Uses Allowed 1- Table S S P S S S Recycling S S S P Light 60.300.020E.1 S* Heavy S S P P S S Commercial Heavy 901 10PM – 6AM N-MX Operation of Hours Permissible District listed, then no hours of operation restrictions apply.district is not table below. If a the in specified times the during only may uses Retail Neighborhood Restrictions Operation of Hours d.c. walkways.occupy required front setbacks, and do not obstruct sidewalks or not do areas, landscaped required occupy not do standards, days on portions of the lot that are not needed to meet minimum parkingOutdoor displays related to the retail use are permitted for a period of not more than 14 consecutive Displays Outdoor c.b. public park parcel, or 500 ft to a similar use that is regularly used by minors.nearest the to feet 500 school parcel, public the to feet 1,000 than closer is that parcel cannabis shall not be located on aNeighborhood retail uses selling off sale liquor or Requirements Separation b. by the use onto a Local residential street.traffic generated the of majority a or from points access have not shall Uses District N-MX the in Requirements a. Neighborhood Retail, 23. Specific Standards of the Unified Development Code is amended as follows:-UseNeighborhood of Retail, Paragraph 23 of Clause C of Section 60.300.020 relating to .7Section 60.300.020G.14 A* A* A* A* A* A* A* A* A* A* A* A* A* A* Parking VehicleRecreational 60.300.020G.13 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* AreaEating Outdoor 60.300.020G.12 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* OccupationHome 60.300.020G.11 A A A A A A A A A* A* A* A* A* A Greenhouse 60.300.020G.10 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Garage 60.300.020G.9 A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Tank Fuel A A A A A A A A A A A A A A A A A A A A Station Electric Vehicle 60.300.020G.8 902 11PM11 11 PM– 6AM N-MX Specific Standards of the Unified Development Code is amended as follows:-UseParagraph 25 of Clause C of Section 60.300.020 relating to Retail, Medium of .9Section 10PM -- 6AM 4-R 7PM – 6AM 3-R 7PM – 6AM 2x-R Operation of Hours Permissible District then no hours of operation restrictions apply. not listed,a district is If below. table the in specified times the during only may uses Retail Small Restrictions Operation of Hours d.c. obstruct sidewalks or walkways.required front setbacks, and do not occupy not do areas, landscaped required occupy not do standards, consecutive days on portions of the lot that are not needed to meet minimum parkingOutdoor displays related to the retail use are permitted for a period of not more than 14 Displays Outdoor c.b. is regularly used by minors.500 ft to a similar use that park parcel, or public public school parcel, 500 feet to the nearest feet to the nearest 1,000 than closer is that parcel a on be not shall cannabis or liquor sale off uses retail Small Requirements Separation b. higher order street. a and street collector a of intersection the at be must use The District 4-R the in Requirements 2) expressway. or arterial, collector, a to access direct must site The (b) generated by the use onto a Local residential street.the traffic of majority a or from points access have not shall Uses (a) District 3-R and 2x-R the in Requirements 1) Requirements Location and a. Small Retail, 24. Specific Standards of the Unified Development Code is amended as follows:-UseRetail, Small of of Clause C of Section 60.300.020 relating to 4Paragraph 2 .8Section 10PM – 6AM S-MX 903 Overhangs; porticos; or Canopies than three of the following elements:entrances featuring no less customer visible highly defined, clearly have shall buildings Entrances Building b.c. 500 ft to a similar use that is regularly used by minors.park parcel, or public public school parcel, 500 feet to the nearest feet to the nearest than closer is that parcel a on located be not shall cannabis or liquor sale off selling uses Requirements Separation b. obstruct sidewalks or walkways.and do not required front setbacks, occupy not do areas, landscaped required occupy not do standards, consecutive days on portions of the lot that are not needed to meet minimum parkingdisplays related to the retail use are permitted for a period of not more than 14 Outdoor Displays Outdoor a. Specific Standards of the Unified Development Code is amended as follows:-UseParagraph 26 of Clause C of Section 60.300.020 relating to Retail, Large of .10Section 10PM -- 6AM C-MX 10PM -- 6AM S-MX Operation of Hours Permissible District listed, then no hours of operation restrictions apply.a district is not below. If table the in specified times the during operate only may uses Retail Restrictions Operation of Hours c.b. regularly used by minors.500 ft to a similar use that is public park parcel, or nearest the to feet 500 parcel, school public nearest the to feet than closer is that Medium retail uses selling off sale liquor or cannabis shall not be located on a parcel Requirements Separation b. obstruct sidewalks or walkways.required front setbacks, and do not occupy not do areas, landscaped required occupy not do standards, consecutive days on portions of the lot that are not needed to meet minimum parkingperiod of not more than 14 Outdoor displays related to the retail use are permitted for a Displays Outdoor a. 904 the of portions following the toward oriented and of feet 300 within located be shall billboard No vi. district as shown in Figure 1e.closest point on any boundary of the Residential way to the-of-district. This distance shall be measured from the nearest edge of the right Residential and Agricultural an of boundary a of feet 250 within located be shall billboard No v. Facility. Medicalway as the Place of Worship, School, or -of-opposite side of the rightside or the same whether the billboard is located on the oriented, regardless of billboard iswhere a way -of-right same the abut that properties Facility Medical or School, rship,Wo of to applies School, or Medical Facility property as shown in Figure 1d. This restriction onlyof Worship, School, or Medical Facility to the closest point on any boundary line of the Placeof Worship, e nearest edge of the billboard to the PlaceThis distance shall be measured from thFacility. No billboard shall be located within 300 feet of a Place of Worship, School, or Medical iv. to the nearest edge of the billboard as shown in Figure 1c.intersection railroad-from the center point of the street way. The distance shall be measured-of-right railroad a and street a of intersection the of feet 200 within located be shall billboard No iii. of two or more streets or highways as shown in Figure 1b.way -of- the of intersection the from radius foot 100 a within located be shall billboard No ii. line of the street or highway where the billboard is directed as shown in Figure 1a.way -of-the street. Distances between billboards shall be measured along the adjacent rightof side same the on located billboard another of feet within located be shall billboard No i. standards: spacing following the with comply shall 22, December after erected billboards All Spacing 60.400.110G. Section See Specific Standards of the Unified Development Code is amended as follows:-UseBillboard of of Section 60.300.020 relating to G of Clause 7Paragraph .11Section Integral planters that incorporate landscaped areas and places for sitting. design; orArchitectural detail such as tile work and moldings integrated into the building structure and Display windows; Outdoor patios; Arches; Peaked roof forms; door; the over parapets corniced Raised Arcades; Recesses/projections; 905 the Unified Development Code is hereby amended to read as follows:of Development Standards Applicability of relating to the 60.400.010of Clause B of Section 1 -400.01Table .13Section St./Collegeview Rd. th St., or SE 4 nd or S. Broadway, SW. 2approach onto, N. driveway a lot(s) with a on located be or from, directly accessed Be ii. street; andpublic or private street and any portion of any façade of the primary building facing that between any pass facility in-drive the using vehicles that so designed or located Be i. not: shall Districts S-MX and T-MX the in facilities in-Drive Requirements District S-MX and T-MX f. business or products is maintained.outdoor advertising of no and facility the of patrons the for primarily operated are they condition to the subject permitted are stands, refreshment as such facilities, commercial Incidental e. way or adjacent residential properties.-of-public rightvisible from any are sources light level ground no that so designed be shall development The d. greater.measured at the property line, whichever is as level noise ambient existing the or property entadjac the to not exceed the maximum decibel level permitted in the zoning district applicablelevel at the property line does that the noise Devices such as speakers shall be designed so c. through.-up through the drive-offered for sale and pickmaterials are or disposable readily exits all at provided be shall receptacles b. .residentialzoned for y lineiespropert othercontrol dust and shall be setback at least 30 feet from any surfaced to -hard be shall parking and circulation vehicle for used area site the of portion That a. Specific Standards of the Unified Development Code is amended as follows:-UseIn Facility of -Paragraph 8 of Clause G of Section 60.300.020 relating to Drive .12Section Road). River 133 Road to County easterly 52 Highway from NW Street th55 3) Street NW; and thHighway 63 at 37westerly to Trunk and northerly Center University the at 14 Highway from 22 Highway Aid State County 2) ,Street NW thHighway 52 at 55Trunk to northerly and westerly Mall Apache at 52 Highway trunk from 22 Highway Aid State County 1) following streets and highways within the City: 906 Yes seY esYNo Yes oN oN 0.08060.40ion Sect Parking ssecae mso In seY esYNo Yes oN oN 0.07060.40ion Sect DesignBuilding and Site Yes seY esYNo Yes oN oN 0.06060.40ion Sect Fencesand rds, Bufferyaping, Landsca No seY Yes Yes seY seY 0.05060.40ion Sect eDrainag andStormwe Lands, Sensitiv No seY Yes Yes seY seY 0.04060.40ion Sect ivityConnectand Access No oN oNYes No seY seY 0.03060.40ion Sect dsStandarion Subdivis Yes seY esYNo ssecae mso In seY seY 0.02060.40ion Sect dsStandaronal Dimensi esUf o egnCha Plant n opmeSite \[1\]Plan t n opmeral Gene nte lopmDevee nctivDisti nio divisSubr Mino nio divisSubr Majo nSectio UDC dStandar UDC Standards Development of Applicability 1-400.01 Table 907 line with a Protected Lot. lot common any of feet 50 within located be shall lane through-drive or area surface parking more, no feet of gross lot area or containing 10,000 square Regulated Lot On a and Drive of the Unified Development Code is amended as follows:The Title of Paragraph 7 of Clause F of Section 60.400.020 relating to Parking .15Section Dwelling. Detached Family-Single a occupying use Living A 2) or or units of 4 use Living Household A 1) contains: that District Residential andor Agricultural an in lot any is Lot Protected A Lots Protected a. follows:Protected Lots of Neighborhood Protection Standards of the Unified Development Code is amended as Subparagraph a. of Paragraph 2 of Clause F of Section 60.400.020 relating to .14Section than the City if a Subdivision or Site Plan Development approval will be required prior to development. other party a by initiated amendments Comprehensive Plan required for not is Chapter this in standards of \[1\] Review sYe Yes sYeNo Yes sYeNo sYeNo 0.11060.40ion Sect esUf o egnaCh Plant n opmeSite \[1\]Plan t n opmeral Gene nte lopmDevee nctivDisti nio divisSubr Mino nio divisSubr Majo nSectio UDC Standard UDC Standards Development of Applicability 1-400.01 Table Yes seY esYNo Yes oN oN 0.10060.40ion Sect LightingExterior Yes seY esYNo Yes oN oN 0.09060.40ion Sect StorageExterior 908 to connection length must provide a public pedestrianAny block exceeding 600 feet in 2) way.-of-sac is located shall apply to the lots abutting the easement or right-de-the culto the district where applicable setbacks yard side interior and plat, subdivision the on indicatedway shall be -of-ement or rightDevelopment Director. The pedestrian eas by the Communityuse trail, unless deemed impracticable -way that includes a sidewalk or multi-of-easement or rightfoot pedestrian connector -any adjacent public open space, Public Park, or School via a 15cs, and to sa-de-Sacs must connect to the closest local or collector street, to adjacent cul-de-Cul 1) -de-Cul f. of the Unified Development Code is amended as follows:-de-Cud0 relating to 4of Section 60.400.0Subparagraph f of Paragraph 3 of Clause C Section 17. to the utility facility.property owner, upon obtaining a revocable permit and shall not interfere with reasonable access of the at the risk installed be may footings require not do that amenities pedestrian ground h.i. of the property owner.at the risk easements within utility permitted are 211B.045, statute MN with compliance in signs Temporary g. h. easements.utility within placed be not shall ground, or structures, utility-Non f. g. damaged during work within the easement area.removed or will not replace plantings or landscaping companies Utility facility. utility the to access reasonable with interfere not and shall owner, property the of risk the at placed be easements shall utility in Plantings e. f. lic utility easement.remain in the pubfeet in height may be installed in or permitted to three hedges or grasses, native and grass, cover, Ground facilities. free movement of service vehicles, or placement and operation of utilityso that it does not interfere with the Vegetation located on utility easements shall be placed d. e. site.width for the remainder of the easement minimum otherwise the exceeds that width a require may and applicable, ans, whereTransformer location shall be identified and approved by RPU on site pl d. private utilities within the building, consultation with individual utility companies may be required.provides development When the Works. Public and Utilities (RPU) Rochester Publicconsultation with width is approved by the Community Development Director in lesser or greater a requiring deviation a unless ,corners the at section easement an additional 5ft at the corners for a 10ft x 10ftsection of the easement, and along the linealfive feet in width a minimum of streets, shall measure way and private -of-D districts, public utility easements adjacent to public rights-T and MX-In the MX c. Public Utilities (RPU) and Public Works.Development Director in consultation with Rochester Community the by approved is width lesser or greater a requiring deviation a ten feet in width, unless a minimum ofprivate streets shall measure way and -of-D Districts, public utility easements adjacent to public rights-T and MX-Except in the MX b. provided. be shall utilities various public the by required as easements utility Public a. Utility Easements Required .15 Required of the Unified Development Code is amended as follows:Paragraph 15 of Clause E of Section 60.400.030 relating to Utility Easements .16Section 909 Household Living uses in structures with less than 8,000 square feet of gross floor area.owing standards apply to all new development and redevelopment in all districts except The foll Pedestrian Design and Accessibility 11. of the Unified Development Code is amended as follows:and Accessibility Pedestrian Design of Section 60.400.040 relating to Dof Clause 11Paragraph Section 18. 20 feet is required for fire equipment access.minimum of in width, unless aIn Mixed Use and Industrial Districts alleys shall be a minimum of 18 feet In Residential districts alleys shall be a minimum in 16 feet in width platted: alleys are 3) areas through front or side lot lines. parking to access vehicle permit not shall and areas, parking Blocks platted with alleys shall be platted to allow alley access to required vehicle 2) expressways, or to reduce the need for individual driveway access points onto local streets.collectors, arterials, and to access site individual for need the reduce to used be may Alleys 1) Alleys g.h. this connection infeasible.topographical conditions make connectivity between and through subdivisions, except where uniqueto maintain connection pedestrian public a provide must length in feet 600 exceeding block Any Connections Pedestrian g. topographical conditions make this connection infeasible.where unique except subdivisions, through and between connectivity maintain 910 60.400.040D.11.b.comply with the standards in this Section 60.200.030L.3.d, Building Entrances. All other properties subject to this Section 60.400.040D.9 shall in Section standards the with comply also shall districts D-MX and T-MX the in Properties Entrances edestrianP b. practicable.in lanes, and solid waste storage and collection areas, to the maximum extent -areas, driveThe location of pedestrian and bike ramps shall avoid crossing or directing traffic through loading bicyclists, and people pushing strollers or carts. disabilities, with persons for locations safe and convenient at edestrian and bike ramps shall be locatedpP practicable,To the maximum extent 6) not in the pedestrian walkway paving. and paving driveway the of continuity in a with aisles, or lanes shall be continuous as the pedestrian walkway crosses drivingof not less than five feet. The material and layout Walkways shall have a paved surface width 5) public street frontages.to entrances building primary from feet six and feet two clear sight lines betweenette clearly visible from primary building entrances and/or public streets, and shall provide silhousuch as lighting to illuminate crossings and/or create backlighting to make the pedestrian Pedestrian walkways shall be designed to maximize pedestrian security, incorporating features 4) walkway is constructed at the outer edge of the landscaped area.pedestrian site -is bordered by a perimeter of landscaping that does not exceed 30 feet in width and an onsite pedestrian walkway, or if the edge of the building -public sidewalk by an on the to connected is entrance building the and sidewalk public a of tfee not apply if the edge of the building is within 20street or parking lot. This standard does wall is located next to a the feet in length when than 100be provided immediately adjacent to the exterior wall of a new building greater A sidewalk shall 3) ss.acceoutline of a parking lot configuration unless such a configuration allows for direct pedestrian destination directly and continuously and shall not be located and aligned solely based on the pedestrian origin and of points or connect to aligned and located be shall Walkways 2) convenient access to any bus or transit stops located within 1,000 feet of the lot boundary.and shall be designed to provide frontage, a property along sidewalk public least one at to building a primary of entrance pedestrian primary each connect to provided be shall Walkways 1) a. 911 weather protection features shall comply with the following standards:. Required pedestrian areas dining over and , along and entries, building stops, public in protection pedestrian development shall Each Protection Weather Pedestrian c. requirements that would impair their functions.Collectors, and other alternative energy systems are exempt from any portion of these screening Mounted Solar-Commercial Wireless Telecommunication Service equipment, Building 10) shall be the same color as the roof or the same color as an adjacent wall.mounted equipment -To reduce visual impacts on abutting properties, the color of roof9) rty boundary.prope-level on each street-equipment from all sides when viewed from groundarchitectural design, with a parapet wall height sufficient to screen the mechanical Screened by a parapet wall or similar feature that is an integral part of the building’s b. facing property boundary; or-ground level on any streetIntegrated into the design of the structure so that the equipment is not visible from a. mounted mechanical equipment shall be:-Roof 8) . Mounted Equipment Screening-, RoofError! Reference source not found.requirements of The features installed to comply with Subsection 5 above may also be used to comply with the 7) entry. arched and Buttress (e) or parapet; entryway corniced Raised (d) lighting; and name, building address, building Prominent (c) Mural; (b) modules; façade or Pilasters (a) of the following architectural details:shall contain at least three entrance pedestrian hetT districts, zoning residential-non for Except hazards and conflict points in areas with highest concentrations of pedestrian trafficshall minimize potential which site the into incorporated be shall design rian orientated space.a better pedestrequirement for some or all of the units, upon determination that an alternative design will provide access entries from the building exterior. The Community Development Director will waive this will be provided direct building the of sides facing-street all along units residential level ground All the at entrance a shall lots corner uses, residential To the maximum extent practicable and excluding building façades for ground floor floor.30 feet on the ground every provided be shall entrance an practicable, extent the To every façade facing a street.be provided for shall entrance pedestrian neoO practicable, extent the To 912 required.When a proposed development abuts a vacant property, no bufferyard is use. abutting existing the than intensive less or more or or larger is velopmentregardless of whether the new de, Bufferyard Type3, Required -buffering along shared property lines with abutting properties as indicated in Table 400.06New development, redevelopment, and changes of use in all zoning districts shall provide property edge 2. of the Unified Development Code is amended as follows:to Bufferyards Applicability relating relating to 060of Section 60.400. Dof Clause 2Subparagraph Section 20. , Stormwater Discharges.4-and 6, Conservation, Wetland 3-of Ordinances Chapter 6 Code Rochester in requirements discharge stormwater including standards The standards in this Section 60.400.050F apply in addition to any applicable engineering Standards Engineering Adopted 3. amended as follows:Development Code is Standards of the Sensitive Lands, Wetlands, Stormwater, and Drainage chapter of the Unified Subparagraph 3 of Clause C of Section 60.400.050 relating to Adopted Engineering Section 19. Lighting.Oriented -Pedestrian ,60.400.100E.6 in standards the with complies that Lighting is greater; and whichever space, open or area plaza of feet square 60 per seat At least two square feet of seating area, such as a bench or ledge, or one individual material; paving approved other or concrete either of surfaces Paved public or private street or internal roadway;disabilities) into the site from a with for access (including access pedestrian and Visual feature; aesthetic other or fountains, artwork, of type one least At oriented space;-pedestrianbuilding entrance and the the visual a as act not does that Landscaping that includes:oriented space -pedestrian a shall development acheE practicable, extent the To Space Oriented Pedestrian d. with architectural and landscape shade elements.areas shall be designed pedestrian or entries, with exposures south and West the building; and of scale architectural the reduce and storefronts individual to emphasizeBusiness centers must use a variety of weather protection features side edge of the canopy or awning shall be at least eight feet above the walking surface;-streethighest point or lower than eight feet at the lowest point. The ground elevation at the theabove feet 15 be higher than not must features protection other or awnings, Canopies, marquee, or building overhang;business, and individual residence entries. This may include a recessed entry, canopy, porch, building, individual all over required is deep feet five least at protection 913 a. of the Unified Development Code is amended as follows:Mounted Mechanical Equipment -Groundto 0 relating 70Clause E of Section 60.400.Title of Subparagraph (a) of Paragraph 4 of Section 22. Household Living use.of the fence (generally the side where structural supports and bracing are not visible) shall face the abutting zoning district, the “finished” side Residential a in use Living Household a containing lot a with line property a along Residential zoning district-Where a fence is installed on any property in a Mixed Use or Non 8. edge of the nearest traveled way. the from curb if no or, triangle eth of nearest street the to street adjacent measurement shall be made from the top of the curb on thepartly obscuring wall or fence higher than three feet above curb grade in any Visibility Triangle. Vertical obscuring or -sight be no there shall setback, building street side front or a requires district that In any 7. including pedestrian or vehicular for used way-of-right any with No fence, wall, or hedge shall be placed closer than 10 feet to the intersection of a driveway 6. five feet. more thanthe grade of the abutting building by exceed not shall but limitations, height the exceed may fence the lot, greater than that of buildings on the applicant’s When the grade of buildings on abutting lots is b. surface of the ground at any point; or feet above the elevation of theDevelopment Director may authorize fences and walls to have a maximum height not to exceed 10 certificate, the Community zoning a necessitate, security or safety public where instances In a. ground at any point except: the of the of elevation the above height in feet exceed six not shall line lot the front and building the of front the not are that walls and Fences 5. not be constructed of chain link.shall completely opaque, and shall not bebetween the front of the primary building and the front lot line and walls located fences districts, zoning ,uses districts residential all Inuse-mixed or residential, all In 4. primary building and the front lot line shall not exceed 36 inches in height. between the front of theand walls located fences ,usesdistricts residential all Indistricts zoning use-mixed or residential, all In 3. way.-of-any alley rightor within five feet of sidewalk public any to inches 18 than closer placed be shall hedge or wall, fence, No 2. abutting property owner.joint agreement with the in unless line property a across or beyond extend may hedge or wall, fence, No 1. shall comply with the Building Code. slopes to installed walls and Fences standards. following the with comply All fences and walls except those installed to protect slopes from subsidence or erosion shall and Fences,E. Development Code is amended as follows:Clause E of Section 60.400.060 relating to Fences, Walls, and Hedges of the Unified Section 21. 914 provides architecturally significant window treatments that provide vertical articulation in if the development 5%, of a by be may requirement transparency This (a) street facing facades.-feet above grade, and 30 percent of the nonfacing façade area between three and eight doors shall occupy at least 40 percent of each streetarea of windows and glazed the districts, D-MX and T-MX the than other districts Use Mixed In feet above grade. eight and three area façade facing street each of 30 shall occupy at leastIn Residential districts, the glazed area of windows and doors of at least 0.60.achieve a visible transmittance ration (VT) shall units dwelling residential into visibility not do that two floors on street facing façades of a primary building Window glazing on the bottom include reflective glass.primary building shall not a of facing street on floors two bottom the on Window Transparency d. facing building façade. -systems (EIFS), or vinyl siding is prohibited on any streetexterior insulation brick, imitation stone, imitation shingles, of use The to stone, brick, masonry, or wood.materials including but not limited quality, high of constructed be shall buildings Materials Building c. matdifferent combinations of the same architectural treatment is one where all building walls have defined levels of articulation and use on all building façades. A consistent design andtreatment architectural consistent shall and interest visual All sides of each primary building façade shall be designed to provide architectural and Architecture -360 b. istricts except the SI district.uses) in all dresidential - residential of mix a containing those (i.e., developments use Mixed and district; SI the except districts all in uses Industrial and Commercial district;SI the except districts in all uses Civic and Institutional, 1);-21300.0Household Living use, as shown in Table a by occupied were they if standards these from exempt be All Group Living uses except for Residential Care Facilities in structures that would districts; all in dwellings Multifamily 1 Allowed Uses Table.-Table 300.01 shown in those refer to references to land uses or categories of land usesthe zoning districts listed below. All uses listed below in the by occupied structures to apply requirements following The Applicability a. Requirements General 1. BuildingF. Development Code is amended as follows:the Unified Clause F of Section 60.400.070 relating to Building Design of of Section 23. 915 provide direct access entries from the building exterior. The Community facing sides of the building must -All ground level residential units along all street Access for Ground Level Units (a) s.comply with the following standardD districts, each street facing façade of each primary building shall -T and MX-In the MX through the material) are not permitted.Glowing awnings (backlit, light showing sidewalk. the above feet nine of clearance vertical a Awnings or canopies extending at least four feet beyond the building face with (c) and/or patterns; and/or in Change (b) a minimum of six inches in depth; is that plane wall of change a having and bays, and cornices, columns, pilasters,Projections, recessions, or reveals such as, but not limited to, (a) :building repeated through the entire height of theone of which must be extended or , feet horizontal 60 every for elements following the of more or two wall plane setback, shall incorporate, each façade, regardless of exterior In all districts standards.smaller horizontal components that comply with the following façades into a series of dividing by planes wall blank avoid to designed be shall buildings Articulation Horizontal f. functions.requirements that would impair their exempt from any portion of these screening are energy alternative other and Collectors, Solar -Commercial Wireless Telecommunication Service equipment, Building wall.adjacent an as color same the or roof the as color same the be shall mounted equipment-To reduce visual impacts on abutting properties, the color of roof residential use containing five or fewer units. visible from anysides so that it is not all on screened fully be shall nt mechanical -roof And; (c) facing property boundary.-on each street level-from all sides when viewed from groundmechanical equipment screen the to sufficient height wall a with architectural is an integral part of the building’s Screened by a parapet wall or similar feature that (b) facing property boundary; or-on any streetvisible from ground level not is equipment the that so structure the of design the into Integrated (a) be: shall equipment mechanical -Roof Screening Equipment Mounted-Roof e. above the ground floor. area façade facing street each of 30 least at occupy shall façade area between three and eight feet above grade, andloor shall occupy at least 30 percent of each street facing In residential uses on the ground f (b) percent of each street facing façade area above the ground floor.at least 30 facing façade area between three and eight feet above grade, and shall occupyof each street 65 least at occupy shall floor ground the on uses residential-non In (a) doors: and of glazed area the districts, D-MX and T-MX the In required.addition to any articulation already 916 Oriented Space.pedestrian oriented space requirement in Section 60.400.040D.11.d, Pedestrian forecourt shall not be used for surface parking but may be used to satisfy the ecourt. The or doors for accessing or viewing the building interior from the forwindows ingeand shall includ the corner of the building, shall not be placed atsky, depth measured inward from the primary building wall plane, shall be open to the minimum of 10 feet in at least 15 horizontal feet of the building façade, shall be ashall extend along space, gathering forecourt a creating recess plane wall A Forecourt (i) gn elements listed below.least one of the two desiover 150 feet (regardless of changes in façade alignment) shall incorporate at a above, each street facing façade of a primary building with a horizontal length o incorporating at least three architectural elements from Subsection In addition t Buildings Façades 150 Feet or Longer (c) dwelling units on a street facing building façade.Second (and upper) floor balconies on at least 50 percent of the residential (v) building scale); andl awnings may be shorter than 20 feet to fit appropriate 20 feet in total (individuaGround level arcades or awnings extending for a horizontal distance of at least (iv) wide, that have a height equal to at least 80 percent of the façade height;nches outward from, the building façade plane, and at least eight inches eight iVertically oriented recesses at least eight inches into, or projections at least (iii) facing building façade longer than 60 feet);-but if so installed shall only count as one of the required elements on any streetalled along the entire building façade, building façade (this element may be instat least eight inches tall, and extending at least 30 horizontal feet along the cornices extending at least eight inches outward from, the building façade plane, cesses at least eight inches into, or projections or Horizontally oriented re ii. at least 20 horizontal feet of parapet length;A change in a street facing parapet height of at least two vertical feet, extending (i) 60 horizontal feet:ver 120 feet must incorporate at least three of the following elements for every ofacing building façades with a horizontal length -following elements; and streethorizontal length between 90 and 119 feet shall incorporate at least two of the facing façades with a -incorporate at least one of the following elements; street89 feet shall Each street facing façade with a horizontal length between 60 and Building Façades Less Than 150 Feet Long (b) space along the frontage of the development.determination that an alternative design will provide a better pedestrian orientated of the units, upon Development Director will waive this requirement for some or all 917 Exceptions 2. stated otherwise in this UDC. specifically unless 60.400.080 Section this of requirements the with comply Any building, improvement, or use of land approved or erected after January 1, 1992, shall Applicability General 1. of the Unified Development Code is amended as follows:Stacking of Parking, Loading, and Applicability 0 relating to 8of Section 60.400.0 BClause .5Section 2 maximum extent practicable. the to mitigated been have 3 and 2, 1, Subsectionsin adjustment of standards or waiver the by created properties surrounding on impacts adverse Any c. 3 above; and and 2, 1, Subsections in standards applicable all with complied that design materials, textures, or colors; and/orbuildingdefined by different treatment wainscot a or banding veneer architectural base of Use (ii) and planters low of Incorporation (i) techniques: design following the of more or one incorporate shall base The (b) whichever is less.feet in height, 40 or stories three than more be not shall building primary a of base The (a) Base 1) base, body, and top of the building. identifiableto include a clearly designed be shall height in stories ten than more is that building primary Each Articulation Vertical b.a. upper floors shall be 12 feet.13 feet, and on be shall use principal any of floor ground the of height ceiling-to-floor minimum The Height Floor-to-Floor Minimum a. following standards:shall comply with the height in feet 60 over districts I-MX and T,-MX D,-MX the in building primary Each s follows:I Districts of the Unified Development Code is amended a-T, and MX--in the MXParagraph 4 of Clause F of Section 60.400.070 relating to Additional Requirements Section 24. ilding façade at the applicant’s option, but may not extend to ground level.buof that building façade. The stepback may apply to more than the top floor of the the street than the lower floor building façades, extending along the entire length A horizontal setback of the top floor of building façade at least six feet further from Top Floor Stepback (ii) 918 DU per 1.5 DU per 1 DU per 2 DU per 1 DevelopmentCottage Dwelling, DU per 0.75 Live/Work Dwelling, moreor unit BR 4 per 2 unit; BRunit; 1.5 per 3 BR 2 per 1 BR unit; per 11 1.5 per DU DU per 0.5 DU per 1.52 DU per 0.5 Multifamily Dwelling, DU per 1 DU per 1 Fourplex Dwelling, DU per 1 DU per 1 Triplex Dwelling, DU per 1 DU per 1 Lot Same Duplex, Dwelling, DU per 1.5 DU per 1 DU per 1.5 DU per 1 Attached Dwelling, DU per 1 DU per 1 Home-Twin Dwelling, DU per 1 DU per 1 DetachedFamily - Dwelling, Living Household Uses Residential mMaximu mMinimu mMaximu mMinimu District D-MX District D-MX the Except Districts All Use or Use Not Listed = No Requirement Cell Blank stated otherwise); (unless area floor gross enclosed of feet = Bedroom; = Unit; BR Dwelling = DU Required Parking Vehicle Maximum and Minimum 1-400.08 Table :ment Code is amended as followsMaximum Vehicle Parking Required of the Unified DevelopMinimum and 0 relating to 800.04of Section 60. Eof Clause 1-400.08Table .26Section District Campus Medical the in Development c. access from the public sidewalk.providing direct pedestrian 2,000 square feet of floor area, occupying a ground floor building space fronting a public sidewalk, and containing no more than use building - a inuse Retail or Retail, Neighborhood Service, Personal or Business, Standard Restaurant, , Neighborhood Food and ServiceA Fast Food Restaurant b. requirement of this Section 60.400.080. parking the to subject are footage square building increased in building’s existing square footage. Any square footage additions resulting The adaptive reuse of a building in any Mixed Use district that does not involve any expansion of the a. to: apply not do 60.400.080 Section this of requirements The 919 1,000 per 3350 per 1 ft. sq. 1,000 per 1 ft.sq. 01,00 per 4250 per 1 ft.sq. 1,000 per 2500 per 1 Home Funeral ft. sq. 1,000 per 1 ft.sq. 1,000 per 5200 per 1 ft.sq. 1,000 per 2.5400 per 1 Service Emergency ft. sq. 1,000 per 1 ft.sq. 1,000 per 4250 per 1 1,000 per 2 1 Facility Care Day mMaximu mMinimu Maximum mMinimu District D-MX District D-MX the Except Districts All Use or Use Not Listed = No Requirement Cell Blank stated otherwise); (unless area floor gross enclosed of feet = Bedroom; = Unit; BR Dwelling = DU Required Parking Vehicle Maximum and Minimum 1-400.08 Table ft.sq. 1,000 per 5200 per 1 ft.sq. 1,000 per 2.5400 per 1 Facility Correctional 1,000 per 3350 per 1 ft.sq. 1,000 per 2500 per 1 ft.sq. 1,000 per 4 250 per 1 ft.sq. 1,000 per 2500 per 1 Community Required Plan TDM Required Plan TDM University or College Cemetery ft. sq. 400 per 1 ft. sq. 800 per 1 )(TODft. sq. 500 per 1 ft. sq. 700 per 1 Libraryand Museum, Gallery, Art Uses Civic and Institutional, Public, beds 3 per 1 beds 4 per 1 beds 2 per 1 beds 3 per 1 Facility Care Residential beds 4 per 1 beds 3 per 1 HousingTransitional Offender beds 2 per 1 beds 4 per 1 beds 2 per 1 beds 3 per 1 Home Nursing DU per 21.5 DU per 10.5 DU per 2 DU per 0.5 Unit Dwelling Stay Medical bed per 1.5 beds 3 per 1 beds 2 per 1 Dormitory beds 2 per 1 beds 3 per 1 bed per 1 beds 2 per 1 Housing Congregate Living DU per 1 DU per 2 DU per 1 Park Home Manufactured 920 Blank stated otherwise); (unless area floor gross enclosed of feet = Bedroom; = Unit; BR Dwelling = DU Required Parking Vehicle Maximum and Minimum 1-400.08 Table site overnight per 1 Park RV or Campgrounds seats 4 per 1 seats 6 per 1 T-MX in seats 4 per 1 seats 6 per 1 Civic or Auditorium ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. T-MX in .ft sq. 400 per 1 ft. sq. 1,000 of inft. 1 per 400 sq. Entertainment Adult Recreation and Entertainment .ft sq. 300 per 1 spaces) of 4ft. (minimum sq. 4,000 of in. ft1 per 500 sq. ft.sq. 1,000 per 2500 per 1 ServicesAnimal and Veterinary requirement No Retail Agriculture requirement No Production Agriculture Uses Animal and Agricultural Uses Commercial ft. sq. 1,000 per 1 ft.sq. 1,000 per 5200 per 1 ft.sq. 1,000 per 3350 per 1 Education Specialized ft.sq. 1,000 per 2.5400 per 1 Services greaterwhichever is classroom, per room, or 1 assembly main or auditorium in the seats 10 per 1 ft. sq. 1,500 per 1 ft sq. 1,000 per 1 Facility seats 2 per 1 seats 4 per 1 seats 2.5 per 1 seats 5 per 1 Worship of Place ft. sq. 200 per 1 bedsper 3 1ft. sq. 500 per 1 ft.sq. 1,000 per 4250 per 1 ft.sq. 1,000 per 2500 per 1 Facility Medical 921 sq. 300 per 1 sq. 500 Per 1 Construction ft. sq. 100 per 1 ft.sq. 4,000 of ft. in excess500 sq. 1 per ft. sq. 300 per 1 ft.sq. 1,000 of ft. in excess1 per 600 sq. ServicePersonal or Business ft. sq. 500 per 1 ft.sq. 4,000 of ft. in excess1 per 800 sq. ft.sq 1,000 of ft. in excess1 per 600 sq. Workshopand Art Services Professional and Business, Office, ft. sq. 250 per 1 ft. sq. 450 per 1 ft. sq. 250 per 1 ft. sq. 350 per 1 Restaurant Standard ft sq 500 per 1 ft. sq. 300 per 1 Serviceand Food Neighborhood room guest per 1 rooms guest 2 per 1 room guest per .51 room guest per 1 Motel or Hotel ft. sq. 150 per 1 ft. sq. 250 per 1 ft.sq. 1500021 per 1 ft. sq. 200 per 1 Restaurant Food Fast room guest per 1 rooms guest 2 per 1 room each per 1 Breakfast and Bed ft. sq. 300 per 1 ft. sq. 400 per 1 ft. sq. 200 per 1 ft. sq. 400 per 1 or Bar Lodging and Beverage, capacity maximum on based persons1 per 2 capacity imummax on basedpersons 1 per 4 Recreationor Entertainment Outdoor capacity maximum on based persons1 per 1.5 capacitymaximum on basedpersons 1 per 3 Range Gun ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. T-MX in ft. sq. 0021 per 1 ft.sq. 1,000 of ft. in excess1 per 400 sq. Recreationor Entertainment mMaximu mMinimu mMaximu mMinimu District D-MX District D-MX the Except Districts All Use or Use Not Listed = No Requirement Cell 922 of retail ft. sq. 400 per 1 of retail ft. sq. 250 per 1 Station Fueling areaof retail sales sq. ft. 600 per 1 bay plusservice 2 per of retail areasq. ft. 300 per 1 bay plus2 per service Services, MajorRepair Automotive areaof retail sales sq. ft. 500 per 1 bay plus2 per service of retail areasq. ft. 200 per 1 bay plus3 per service Automotive Transportation and Vehicles ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. ft.sq. 0053250 per 1 ft. sq. 400 per 1 Large Retail, ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. ft. sq. 300400250 per 1 T-in MXsq. ft. 600 per 1 ; ft.1 per 300 sq. Retail, mMaximu mMinimu mMaximu mMinimu District D-MX District D-MX the Except Districts All Use or Use Not Listed = No Requirement Cell Blank stated otherwise); (unless area floor gross enclosed of feet = Bedroom; = Unit; BR Dwelling = DU Required Parking Vehicle Maximum and Minimum 1-400.08 Table ft. sq. 300 per 1 ft. sq. 500 per 1 ft. sq. 400250 per 1 ft. sq. 250400 per 1 Small Retail, ft. sq. 200 per 1 ft. sq. 300 per 1 ft. sq. 300200 per 1 ft. sq. 200300 per 1 Neighborhood Retail, Retail ft. sq. 1,000 per 1 ft. sq. 1,500 per 1 ft. sq. 400 per 1 ft. sq. 1,500 per 1 Testing and Research ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. ft. sq. 400 per 1 ft. sq. 500 per 1 Office ft. sq. 300 per 1 ft.sq. 4,000 of ft. in excess1 per 500 sq. ft. sq. 300 per 1 ft. sq. 600 per 1 Institution Financial ft. ft. 923 Junkyard Wholesaling and Distribution, and, Storage Maximum mMinimu mMaximu mMinimu District D-MX District D-MX the Except Districts All Use or Use Not Listed = No Requirement Cell Blank stated otherwise); (unless area floor gross enclosed of feet = Bedroom; = Unit; BR Dwelling = DU Required Parking Vehicle Maximum and Minimum 1-400.08 Table .1,000 sq. ftper 1bay repair per 3 ft. sq. 1,000 per 1 plusbay 2 per repair ft.sq. 600 per 1 bay plus2 per repair ShopMaintenance and ft. sq. 700 per 1 ft. sq. 1,000 per 1 ft. sq. 1,000 per 1 Facility Transfer Recycling ft. sq. 1,000 per 1 ft. sq. 1,200 per 1 ft. sq. 1,000 per 1 Industry Light ft. sq. 1,000 per 1 Industry Heavy ft. sq. 1,000 per 1 ServicesCommercial Heavy ft. sq. 700 per 1 ft.sq. 4,000 of ft. in excessper 500 sq. 1 ft.sq. 1,000 of ft. in excess1 per 400 sq. Manufacturing Artisan Services Commercial and Processing, Manufacturing, Dispatch FacilityTransportation storage)vehicle indoor for only areas used(excluding leasing space sales or indoor 1 per 500 sq. Leasing, or StorageSales, Vehicle Motor Warehousingand Freight Motor sales area sales area 924 the Unified Development Code is amended as follows:of Small Car Percentage of Section 60.400.080 relating to Iof Clause 4-Table 400.08 Section 27. ft. sq. 700 per 1 ft. sq. 500 per 1 Yardand Office tor’s Contrac permituse ytemporarof timebasis at case-by-case on neDetermi permituse ytemporarof timebasis at case-by-case on neDetermi Festival or Carnival Uses Temporary T-ft. in MX sq. 400 per 1 ft. sq. 500 per 1 Office or mentManage tialResiden 60.400.0 SectionSee Facility in-Drive ft. sq. 700 per 1 dryHusban Animal Structures and Uses Accessory Excavation or Sand Landfill Extraction and Resource siteor parked on 1 per vehicle normally plus ft. sq. 700 per 1 siteon the normallyper vehicle ft., plus 1 sq. 1,200 per 1 siteon the normallyvehicle perft., plus 1 sq. 1,200 per 1 Facility Wholesale storage unitsindoor 5250 per 1 storage unitsindoor 10200 per 1 storage unitsindoor 10200 per 1 FacilityStorage Service Self 925 (IBC).the International Building Code to pursuant be shall spaces parking accessible of design and number The Parking Accessible 1.2. B. property line. other or way-of-right public a overhang will vehicle no that so line property a abutting Wheel stops or bumper guards shall be provided where appropriate for spaces e. marked. or striped be shall Spaces d. dwellings or cause hazards to motorists on adjacent streets.onto adjacent directly shine to not as so deflected or directed be shall parking of Lighting c. private property. abutting and ways-of-right public sidewalks, onto waters such of flow eliminate site collection of drainage to-Parking areas shall have provision made for the on b. free surfacing.weather, dust -all comparable or asphalt with be shall driveways and aisles spaces, Parking a. General 1. Parking Vehicle of Location and Design J. of the Unified Development Code is amended as follows:Location of Vehicle Parking Design and of Section 60.400.080 relating to 5-Table 400.08, including Clause J Section 28. 0’15’ x 3" 7’ 0” 15' x 6" 7' Short Car of Size PARKING OF or long term parking.designed for short term are they whether and cars size standard or small for designed are they whether to according Stall dimensions differ The following schedule identifies the size of spaces to be provided. 50% more and 150 40% 149-100 30% 99-5 SpacesCar of Percentage Maximum Required Total Percentage Car Small 4-400.08 Table .Error! Reference source not found.and marked for small cars according to providing over five spaces a percentage of the total spaces may be designed In any Parking Lot or Garage Small Car Percentage I. 926 street parking -Family Detached and Same Lot Duplex Dwelling uses in all districts, off-For Single a. Location 4.5. interference with pedestrians. minimize to designed and located be shall drives entrance Vehicular b. through the interior of the lot.and movement egress, ingress, easy and safe ensure to designed be shall Garage or Lot Parking A a. Access 3.4. 2.6 95 23 65 02 6”8’ 81 90° 2.2 95 21 61.5 63.1 6”8’ 91 60° 9.1 55 20 74 21 6”8’ 67.1 45° 3.1 05 20 14 11 6”8’ 51 30° nuctioRedOver AisleWay -Two fromssed Acceing Park s ofRow Two hWidtule ModWay -Two AisleWay -One fromssed Acceing Park s ofRow Two eslAiay W-One hdtWi allSt hngtLetall S eglAn feet) (in Requirements Dimension Parking 5-400.08 Table specifically stated otherwise in this Section.unless Requirements Parking Dimension 5 400.08 Tableof requirements the meet shall dimensions Parking c. least six feet in width.or sidewalk that is at area landscaped a to adjacent located is parking the of front The 2) andheight; in inches four than more no is overhang the in curb raised Any 1) 5, provided that:-400.08 in Table extent shown the to parking required the to overhang vehicles of front the allowing reduced be may stall parking a of length The b. maneuverability. turnaround for out-bump a with terminate shall aisles parking All a. standards.the following dimensional to according constructed be shall maneuvering and parking site-on All Aisles Drive and Spaces Parking of Dimensions 2.3. 927” shown on the Map below. A parking shall not abut any of the seven “active/pedestrian streets T district requirements, a new or expanded Parking Lot or Garage -Notwithstanding any MX g. landscaping.and subject to any other identified design features, setback, buffering, screening, and the lot situated behind the rear wall (or parallel extension thereof) of the principal building onstreet lot line when -lines. A portion of the Parking Lot or Garage may front along the sidestreet property -principal building to be built to both the front and sidebe located to allow the If the principal building and Parking Lot or Garage is situated on a corner lot, the parking must f. required landscape buffer areas) measured from the side wall of the principal building.more than 60 feet in width (not including any to one side of a principal building shall be no parking may be located to one side of the principal building. A Parking Lot or Garage located If is not feasible to locate the Parking Lot or Garage to the rear of the principal building, the e. cipal building.behind the front façade of the prinprincipal building with access from an alley or if constructed as part of the principal building To the maximum extent practicable, accessory parking shall be located at the rear of the d. residential land use.-ntial or non of the applicant’s reside street parking for the exclusive use -shall provide to the City evidence of the availability of the offsite parking pursuant to Subsections 1 or 2 above, the applicant -As a condition of approval of off .Error! Reference source not found., Error! Reference source not found.th D district shall comply wi-Parking locations for the MX use.residential -D district may be provided within 600 feet of the site containing the non-than the MXresidential use in any district other -street parking for any non-Up to 50 percent of required off residential use.-be provided within 500 feet of the site containing the nonD districts may -T, or MX-I, MX-Up to 25 percent of required parking for a residential use in the MX site employees.-ansit or private shuttle are arranged for use of onservice by public trT area at a remote park and ride facility where connecting -D or MX-outside the MXsite or accommodated -site businesses may be provided on-Parking for employees of on D-1000 feet in the MX (ii) T or;-600 feet in the MX (i) ay be provided within;Parking for customers, visitors and patrons m Parking for residents or employees may be provided within 600 feet of the site. districts; D-MX and T-MX In the 1) that:the principal use except as lot same the on located be shall loading and parking street-off Required c. adjacent street frontage.between the front building façade and the located be not shall parking street-off ,district Use and districts S-D, and MX--, MXResidential and ,For all other uses in an Agricultural b. prohibited. driveway parking area, are permitted a in located not are that and ,yard side street side façade building or between thebuilding façade and the front lot line areas shall be located in a garage or on a driveway. Parking spaces that are located between the 928 standards for all signs in all districts, unless stated otherwise in this Section 60.400.110.states the general sign ,Standards Sign General 1-400.11 Standards Sign General 1-400.11 of the Unified Development Code is amended as follows:Table of Sign Standards relating to 110, of Section 60.400.of Clause F Paragraph 3 .32Section may only be lit during business hoursrestricts hours of operation that zone a within located and districts Residential to adjacent signs Lighted c. way.-of-from any public right and district, Use a in Use Residential any rict,dist Residential and is not visible from any Agricultural (i.e. the light build itself) source lighting theEach light source for internal lighting, back lighting, or spot lighting of a sign shall be shielded so that b. .Standards 1 General Sign-Table 400.111 General Sign Standards-400.11Table as stated in signs illuminate to permitted are spot lighting and lighting, back lighting, Internal a. Signs of Lighting 2. is amended as follows:Unified Development Code Signs of the Lighting of of Section 60.400.110 relating to FClause Paragraph 2 of Section 31. the value of the existing primary building, as shown in applicable property tax records;work exceeds 50% of that of value the and redeveloped, or improved is building primary existing An c. percent;50 than more by expanded is building primary existing an of area floor gross The b. constructed; is building primary new A a. time:each required is 60.400.110D Section this in standards the with consistent permit new A 3. .K60.500.060K Section to pursuant Permit Sign a requires sign lighted Any 2. .KSign Permit pursuant to Section 60.500.060KSection 60.400.110C require a in not are that City the within replaced or altered, erected, signs All 1. Unified Development Code is amended as follows:Clause D of Section 60.400.110 relating to Signs Requiring a Permit of Signs of the Section 30. Permit.Sign ,K60.500.060K Section to pursuant approved be shall permits sign Required 2. the Unified Development Code is amended as follows:Paragraph 2 of Clause B of Section 60.400.110 relating to Applicability of Signs of Section 29. t as wide as the parking facility on the lot.sidewalk grade, and at leasstreet property line by a principal building that is at least 15 feet in depth, one story above the Lot or Garage is not considered to be abutting a street frontage if it is separated from the 929 1 1 \[5\] 1 \[5\] 1 \[4\] 1 1 Frontage per StreetNumber Maximum Sign Freestanding S B, I, S B, I, S B, \[9\] S B, B edPermitt Not LightingPermitted \[2\] maximum structure primary as Same feet 8 HeightMaximum ft. sq. 400 ft. sq. 250 ft. .sq 50 ft. sq. 50 ft. sq. 24 ft. sq. 12 Area Maximum \[1\] additional 1 stories: 5 over Buildings 1 General: 1 Frontage Streetper Number Maximum Signs Wall SI LI, BP, T-XM, D-XM ,G-XM I-XM, C-XM ,S-XM N-XM eUs -Non Use ialResident tsDistricential Resid-Non DistrictsUse Mixed Districts ResidentialAgricultural and Sign of Type Spotlight = S Backlight = B Internal = I Standards General 1-400.11 Table Billboards. 60.400.110G Section in be can Billboards for Standards 930 way. -of-No billboard shall be located within 200 feet of the intersection of a street and a railroad right c. or more streets or highways as shown in Figure 1b.way of two -of-the rights of intersection the from radius foot -100 a within located be shall billboard No b. as shown in Figure 1a. directed is billboard the highway or street the of line way-of-right along the adjacent measured Distances between billboards shall be street. side of the on the same No billboard shall be located within 1,000 feet of another billboard located a. standards:spacing following the with comply shall 22, after December erected billboards All Spacing 1.2. a residential use.lighting will not spill over onto a lot containing provided showing that the use and a lighting plan isof the billboard is not directed toward an abutting lot containing a residential face the provided locations conforming-non in Billboards electronic to converted be may Billboards Static \[2\] sf. ft. all other roadways have a maximum sign area of 400 toward oriented Billboards Plan. Transportation Long 2045 the on designated as arterials and expressways,oriented toward freeways A maximum sign area of 600 sq. ft. is permitted for billboards \[1\] permitted permitted permitted Billboards Electronic footcandles 2.0 footcandles 2.0 footcandles 2.0 Illumination Maximum ft. sq. 600 ft. sq. 600 ft. sq. 600 Area ft. 20 ft.20 ft.20 Clearance Minimum ft.50 ft.50 ft.50 Height Industrial Special SI Industrial LI Light GeneralMixed G-MX Table Standards Sign Billboard 1. Billboards G. C. Code is amended as follows:of the Unified Development Billboards relating to 110of Section 60.400. Clause G .33Section feet 15 feet 20 etfe 15 \[8\] feet 6 feet 6 feet 6 HeightMaximum ft. sq. 64 ft. sq. 64 ft. .sq 50 ft. sq. 50 ft. sq. 24 ft. sq. 12 Area Maximum 931 may be measured from the top of curb elevation.the height of the sign road, adjacent an of the than lower is sign a of base the at natural If b. locating the sign.berming, mounding, or landscaping, solely done for the purpose of filling, any of exclusive structures, support and backgrounds all to the top of the sign, includingfoot radius at the base of the sign -a sixthe finish grade within of elevation average the from distance vertical the as measured height is Sign a. Sign a of Height the Measuring 2. surfaces. back parallel sign surfaces shall be the area of one of those-to-backwith two sign a of side one only sign, billboard a of size the measuring of purposes For c.b. the size of the copy. to scaled appropriately are elements such that determines Director t be counted against total sign if the Community DevelopmentSupport structures will no b. border or not.or figure of any kind composing the display face, whether this open space is enclosed by a frame or contained within the outer limits of the display face of a sign, or between any component, panel, strip, space an integral part of the display or used to differentiate it), but includes any open is structure the (unless placed is sign the upon structure the excludes area against which it is placed. The differentiate the sign’s message from the background forming an integral part of the display or used toencloses the limits of text and graphics of a sign, together with any frame or other material or color Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that a. Area of a Sign 1. Sign Measurements K. the Unified Development Code is amended as follows:of Sign Measurements relating to 120 of Section 60.400.Paragraph 1 of Clause K 34Section (West River Road). 133 Road County to easterly 52 Highway from NW Street th 55 Street NW; and th at 37 Trunk Highway 63North Broadway Avenue westerly to Center northerly and University the at 14 Highway from 22 Highway Aid State County 2) Street NW, th Trunk Highway 52 at 55westerly and northerly to Mall Apache at 52 Highway trunk from 22 Highway Aid State County 1) following streets and highways within the City:following portions of the the toward oriented and of feet 300 within located be shall billboard No f. district as shown in Figure 1e. Residential the of boundary any on point closest the to way-of-rightbillboardThis distance shall be measured from the nearest edge of the Residential district. andorAgricultural boundary of an a feet of No billboard shall be located within 250 e. , or Medical Facility.way as the Place of Worship, School-of-side of the rightbillboard is oriented, regardless of whether the billboard is located on the same side of the opposite way where a -of-Worship, School, or Medical Facility properties that abut the same right Place ofWorship, School, or Medical Facility property as shown in Figure 1d. This restriction only applies to Facility to the closest point on any boundary line of the Place of Medical or Worship, School, of the to billboard the of edge from the nearest along the Right of Way distance shall be measuredNo billboard shall be located within 300 feet of a Place of Worship, School, or Medical Facility. This d. 1c. Figure in as billboard the of edge nearest the to intersection railroad-oint of the streetThe distance shall be measured from the center p 932 D\[ R\[ R Y Y Y Ytion SecManagement Map Growth \]D\[ \]R\[ R Y \]7\[ Y Y .040Ation Sec Amendment or Use Plan Adoptionand/or Land Plan Comprehensive Council City by Decision Major Council Appealsof Board Zoning CommissionPreservation Heritage CommissionPlanning Director DevelopmentCommunity MeetingDevelopment -Pre Meeting InformationNeighborhood Posted Mailed Published BodiesMaking -Decision and Review almittSub -reP ceotiNlic ubP nSectio UDC Procedure Hearing Public = \] \[ Appeal A = Decision = D Review = R Yes = Y Procedures Review of Table Summary 1-500.01 Table velopment Code is amended as follows:Review Procedures of the Unified De1 of Clause B of Section 60.500.010 relating to Summary Table of -Table 500.01 Section 36. UDCthe maximum number of dwelling units that could be located on that lot or development site under this than 25 percent above Number of dwelling units on any lot or development site being increased by more 3. the maximum gross floor area that would otherwise apply under this UDC; orthan 25 percent above more by increased being site development or lot any on area floor gross Maximum 2. maximum FAR that would otherwise apply under this UDC; orpercent above the 25 than more by increased being site development or lot any on FAR Maximum 1. the:1 may result in -on a single property or development, but no combination of bonuses in Table 400.12earned may be Incentives of Summary 1-400.12 Incentives of Summary 1-400.12 in one than More B. Code is amended as follows:of the Unified Development Incentives relating to 120 of Section 60.400.Clause B 35Section parallel sign surfaces shall be the area of one of those surfaces.back -to-two back with sign of a side one only sign, billboard a of size the measuring of purposes For c. 933 D\[ R Y tion Sec Plat Final \]D\[ R R Y Y Y Y Y .040Gtion Sec PermitSubdivision Land Council Appealsof Board Zoning CommissionPreservation Heritage CommissionPlanning Director DevelopmentCommunity MeetingDevelopment -Pre Meeting InformationNeighborhood Posted Mailed Published BodiesMaking -Decision and Review almittSub -reP ceotiNlic ubP nSectio UDC Procedure Hearing Public = \] \[ Appeal A = Decision = D Review = R Yes = Y Procedures Review of Table Summary 1-500.01 Table \]D\[ \]R\[ R Y \]6\[Y Y Y Y .040Ftion Sec Districtor Landmark Property Landmark Removal ofor Designation \]D\[ \]2\[R \]1\[\]R\[ R Y Y Y Y Y .040Etion Sec Amendment) Map Zoning Rezoning (Official \]D\[ \]1\[R \]R\[ R Y Y .040Dtion Sec Amendment Text UDC \]D\[ \]R\[ R Y Y Y \]8\[ Y Y 4.a n Land of Annexation \] \] .040B Amendment 934 Director Development Community by Approvals Development \]A\[ D .050D Historic Inventoryon Placement Property \]A\[ \]D\[ R .050Ction Sec PermitProtection Shoreland \]A\[ \]3\[D R .050Btion Sec AlterationsMajor – AppropriatenessCertificate of \]A\[ \]D\[ R Y Y Y Y Y .050Ation Sec Commissionby Planning Permit Approved Use Conditional Authority Designated a by Require May That Decisions \]D\[ R Y Y Y .040K tionSec Easement Public Vacation, \]D\[ R R Y Y Y 60.50tion Sec Way of Right Vacation, \]D\[ R R Y Y Y Y Y .040Mtion Sec Permit Use Interim \]D\[ R R Y Y Y Y Y .050A tionSec Councilby City Permit Approved Use Conditional \]D\[ \]R\[ R Y Y Y Y Y .040Ktion Sec DevelopmentDistinctive \]D\[ R R Y 60.50tion Sec Adoption Map Official \] .040H 935 least five business days prior to the notification mailing.request form at Meeting Information Neighborhood a submit and complete shall applicant The3) 2) Information Meeting.request in writing that the Community Development Director schedule a Neighborhood 60.500.030B(2)(b)(2) or (3) above, the applicant shall Section required is hearing a that notification 1 Summary Table of Review Procedures, or upon-Where required by Table 500.012) 1) the Neighborhood Information Meeting. scheduling when conformance for reviewed be will and Director Development file with the CommunityA Neighborhood Information Meeting Policy is on 1) Meeting the Scheduling c. follows:of the Unified Development Code is amended as Submittal Activities -Scheduling the Meeting of Prerelating to 60.500.030 of Section Subparagraph c. of Paragraph 2 of Clause B 37.Section requirements Statute State with accordance in occur will Notification \[8\] Amendment Plan Use Land a initiate that property private to applies only requirement Mailing \[7\] removal. designation landmark and districts landmark entire removing or creating when only required NIM \[6\] Engineer. City by made Decision \[5\] development Meeting or an information meeting. -Pre a require not does units residential fewer or four of development proposing Plan Development Site A \[4\] required. is H than rather Meeting \[3\] than the Planning Commission. rather Commission Preservation Heritage the by reviewed be shall designations landmark HPO of removalZoning Map Amendments that involve designation of HPO landmarks or landmark districts or Official \[2\] Planning Commission and the Heritage Preservation Commission. the both by reviewed be shall procedures related or HPO the involve that Amendments Text UDC \[1\] \]A\[ \]D\[ R Y Y Y 0 Variance Council Appealsof Board Zoning CommissionPreservation Heritage CommissionPlanning Director DevelopmentCommunity MeetingDevelopment -Pre Meeting InformationNeighborhood Posted Mailed Published BodiesMaking -Decision and Review almittSub -reP ceotiNlic ubP nSectio UDC Procedure Hearing Public = \] \[ Appeal A = Decision = D Review = R Yes = Y Procedures Review of Table Summary 1-500.01 Table 936 in Section outlined procedures notice the to addition public hearing, in the to Prior (i) c. Development Code is amended as follows:Unified of the Planning Commission Decision of Review and Decisions relating to 60.500.030 Section of Subpart (c) of Subsection (3) of Subparagraph b of Paragraph 3 of Clause E 39.Section which notice was sent.and addresses to owners the of all of list a keep will Director Development Community The (d) and Council; City (c) application;the to subject property the to adjacent or within included township Any (b) ;contained within the Olmsted County Addressing Databasepoints develop these notices based on the addressCommunity Development will . notifiedno fewer than 50 distinct property owners and the tenants of those property owners shall be situated wholly or partly within 350 feet of the property subject to the application, provided that or occupying property owning or application the by affected property of tenants and owners All (a) hearing. Notice shall be provided to:out by the Community Development Director at least 10 calendar days prior to the day of the tice shall be sent mailing addresses obtained no more than 60 days prior to mailing. Mailed no obtained from the County’s real property tax records and sources of property owner and tenant Unless otherwise provided, addresses for a mailed notice required by this UDC shall be Notice Required Written Notice b. of the Unified Development Code is amended as follows:of Public Hearings Written Notice relating to60.500.030 of Section Cof Clause 1of Paragraph bSubparagraph 38.Section Neighborhood Information Meetings.development proposals at approve or evaluate, present, not shall but attend may Staff8) 7) including Election Day. holidays, federal on or meetings Council City scheduled Neighborhood Information Meetings shall not be scheduled to conflict with regularly7) 6) located.is development proposed the any if Associations, The Community Development Director shall also notify Registered Neighborhood6) 5) one exists, where the proposed development is located.Registered Neighborhood Association, if shall notify the and Notice, Written 60.500.030C.1.b, Section with accordance in Information Meeting at least 10 calendar days prior to the meetingThe Community Development Director will provide a mailed postcard notice of the Neighborhood 5) 4) ocation.developmen t, the applicant may be required to select an alternate lon its design, accessibility, or proximity to residents who may be affected by the proposed Community Development Director has concerns regarding the choice of meting facility, based f the the development is proposed. I in 60.400.030M.5.e.2), Section in described as city, the of The meeting must be held in an accessible facility, located in the same quadrant4) 3) 937 60.500.040B.4.a. SectionSection 60.500.040Cby this modified or supplemented Procedures unless Common 60.500.030 of Section requirements applicable all with The procedure to include new lands into the municipal boundaries of the City shall comply b. manner as amendments to the zoning district boundaries.the same in map zoning the on entered be Minnesota state statute, and approved annexations shallAmendments to the boundaries of corporate and extraterritorial limits shall be adopted as provided by a. Land of Annexation for Procedure 3. petition. a receipt of following Ordinance Land by of Annexation for Procedure signed by a majority of the landowners within such area.or Annexation by Ordinance. 414.033, Statutes Minnesota with accordance in submitted land annexation for petitions Annexation Petitions signed by the property owner andThis process is applicable to Applicability 2. for annexation of land.will consider petitions City the by process the describe to 60.500.040Cis Section this of purpose The Purpose 1. Land of Annexation C. Development Code is amended as follows: of the Unifiedby City Council Annexation of Land of Major Decisions relating to60.500.040 of Section Clause C 41.Section .duty to make under this UDCofficial or body has the power or any decision, order, requirement, or interpretation which themeans decision, including failure to make a decision within the prescribed time limit. A decision public body in making a official or of an error alleged any be may appeal an such for basis The days of a decision.appeal within 10 business an file may decision a by aggrieved party affected an or applicant An Appeal an File May Who b. follows:of the Unified Development Code is amended as Decision Actions and Limitations -Post Appeals of relating to60.500.030 of Section Fof Clause 2Subparagraph b of Paragraph 40.Section agreed to by the applicant.close of the hearing, unless an extension is the of days 25 within held, was hearing the when present The Planning Commission shall take action by majority vote of its members revised copy to the applicant.action, the Community Development Director shall make such change or transmit a are any changes to the preliminary notice of If there. 60.500.030E.3 Decision Section by for provided manner the in permit ment Director shall dispose of the developmentDevelopreview, or following a scheduled review by the Planning Commission, the Community If a preliminary decision of the Community Development Director is not scheduled for (ii) closet to, the parcel under consideration. owners property 50 least at to and of, feet 350500 within land 60.500.030C, notice shall be sent to all property owners who have 938 the applicant has agreed to pay for required expansions of City infrastructure and services on terms in approved City plans or policies, or included services and infrastructure of expansions future through services, or infrastructure and City existing by served be to able is Land of Annexation proposed The b. growth and development of the City;Plan regarding areas for future Comprehensive adopted the with consistent is Land of Annexation The a. determines that the following criteria are met:an Annexation of Land, if it approve may Council City and recommend, shall Commission Planning The Approval Land of Annexation for Criteria 4. the matter. first hearing on of theDirector, but not to exceed six months from the date Development Community the and applicant the between The final decision may be extended for a reasonable period of time by agreement2) 3) on the criteria in Subsection 4 below. application, the deny or conditions, with approve approve, UDC, by this imposed time within the Council City hearing, the the Following1) 2) .HearingPublic of Conduct 60.500.030C.2, Section to pursuant Land of application for an AnnexationThe City Council shall hold a public hearing on the 1) Action Council City e. below. 4 Subsection in criteria the on application, the deny or UDC, recommend that City Council approve, approve with conditions,within the time limits imposed by this Following the hearing, the Planning Commission shall, 2) .HearingLand pursuant to Section 60.500.030C.2, Conduct of Public an Annexation of for application the on hearing public a hold shall Commission Planning The 1) Recommendation and Hearing Commission Planning d. within and contiguous to the area to be annexed.landowners affected by the proposed Annexation of Land By Ordinance and to all town or towns 30 days’ written notice by certified mail will be provided to the least at that except Procedures; onComm 60.500.030 Section with accordance the City Council for an annexation ordinance inpublic hearings before Following the Planning Commission hearing, the matter shall be scheduled for 60.500.030, Common Procedures. Section accordance with in CommissionPlanning the before public hearings Annexation of Land by Ordinance shall be scheduled forthe Petition for for received, are Ordinance by Land of Annexation for Petition the to objections no If municipality which borders the land to be annexed; other any of council municipal the and board, county the board, town the petition with the Chief Administrative Law Judge, thefiled copies of have Petitioners the the to petition the submitting of days 10 within Petition;have signed the Annexed be to proposed land of such owners property the of majority a That days prior to the public hearing. least at mail, certified via owners, property contagious all and Township Notice of the public hearing before City Coucnil shall be sent to the affected 1) Development Director will verify the following: petition, the Community of a receipt UponProcedures. Section 60.500.030, Common with accordance in Council City and Commission Planning the hearings before public for scheduled be shall Land of Annexation for application The 2) Minnesota state law.Ordinance as authorized by by Land of Annexation an for petition a submit may owners Property 1) Hearingand Notice, Submission, Petition c. 939 Street Vacation Public for application the on hearing public a hold shall Council City The 1) Subsection 4 below.the application, based on the Criteria in deny or conditions, with approve approve, Council City the that limits imposed by this UDC, recommendThe Planning Commission shall, within the time Procedures. Hearing before City County in accordance with Section 60.500.030, Common be scheduled for a public Vacation shall or easement2) The application for Public Street Easement. or by petition by owners of at least 50% of the land abutting the public street or Council Community Development Director, City Engineer, Planning Commission, City Vacation may be filed by the or easement1) An Application for a Public Street Application, Notice, and Hearing a. I60.500.040J res unless modified or supplemented by this Section Of Section 60.500.030 Common Procedu Applications to vacate a public street or easement shall comply with all applicable requirements 3. way or its use for public travel, circulation, or mobility.-of-or rightway that do not affect the designation or City or public ownership of the surface of the street -of-rightdoes not apply to requests to vacate private easements within or outside of a public street or public tf way. I -of-right or easement or street public a vacate to applications all to applies process This 2. way.-of-rightdedicated public vacating for process the clarify to is I60.500.040J Section this of purpose The Purpose 1. amended as follows:the Unified Development Code is Easement Vacation of Public Street Vacation of Public Street or of Section 60.500.040 relating to JClause Section 43. .Permits may occur in lots the on activity any for Certificate Zoning a before completedPermit that has been approved or approved with conditions, and must be Land Subdivision or MinorThe Final Plat process applies to all lands that are the subject of a Major Applicability 2. of the Unified Development Code is amended as follows:l Plat Applicability of Finarelating to 60.500.040of Section HParagraph 2 of Clause .42Section acceptable to the City. 940 60.500.040K Section supplemented by this unless modified or60.500.030 Common Procedures Section requirements of shall comply with all applicable easement public a vacate to Applications Adoption Vacation Easement Public for Procedure 3. private easements.requests to vacate to apply not does If easement. public a vacate to applications all to applies process This Applicability 2. public easements. dedicated vacating for process the clarify to is60.500.040J Section this of purpose The Purpose 1. VacationEasement Public K. parcelThe vacation of the public street will not deny legally required public access to any lot or b. nd will confer a public benefit on the City;The vacation of the public street is in the public interest a a. following criteria:with conditions, the Public Street Vacation if it determines that the application complies with the Commission shall recommend, and the City Council shall approve, or approve The Planning 1. K. Criteria for Public Street Vacation Approval Development Code is amended as follows:of the Unified Easement Vacation of Section 60.500.040 relating to Public KClause .4Section 4 any lot or parcel.public access to required legally deny not will street public the of vacation The benefit on the City;confer a public will and interest public the in is street public the of vacation The a. complies with the following criteria:that the application determines it if Vacation Street Public the conditions, with approve or approve, The Planning Commission shall recommend, and the City Council shall 1. Approval Vacation Street Public for Criteria d. first hearing on the matter. months from the date of theDirector, but not to exceed six Development Community the and applicant the between agreement The final decision may be extended for a reasonable period of time by 3) or deny the application based on the criteria in Subsection d below. conditions, with approve approve, UDC, this by imposed time the within Following the hearing, the City Council shall, by at least 5 votes of the Council, 2) .pursuant to Section 60.500.030C.2, Conduct of Public Hearing 941 shall also apply, and the decision shall be based Authority by Made be to 60.500.030E.3.b Decisions1 indicates the use is approved by Planning Commission, the provisions of Section -21If Table 300.0 . b of the Unified Development Code is amended as follows:Procedure for Conditional Use Permit Approval Subparagraphs (b) and (c) of Paragraph 3 of Clause A of Section 60.500.050 relating to Section 46. certainty with identified be can use the terminate will that or date The f.e. excavation activity.completion of the following site the of restoration adequate for provides plan reclamation occur, the to anticipated are effects such if or habitat; wildlife and wildlife environment, affect the scenic quality of Rochester or the natural landscapes, adversely 3) , andPermit period UsePlan after the Interim Comprehensive the with inconsistent purposes for used be to land the allow 2) period orthe Interim Use after or during properties surrounding on impacts adverse substantial create 1) City adequate assurances (which may include financial assurances) that the activity will notInterim Use Permit, the applicant has given the an for application an require 60.500.060I.2.c, Section to pursuant determines, If the application related to land disturbing activities that the City Engineer e. of the Unified Development Code is amended as follows:Criteria for Interim Use Permit Approval of Section 60.500.040 relating to Subparagraph (e ) of Paragraph 4 of Clause N .5Section 4 public benefit on the City.in the public interest and will confer a is easement public the of vacation the that determines it if Vacation Easement The City Council shall approve, or approve with conditions, the Public 1) Approval Vacation Easement Public for Criteria c first hearing on the matter. of thebut not to exceed six months from the date Director, Development Community the and applicant the between agreement The final decision may be extended for a reasonable period of time by 3) the criteria in Subsection c below.deny the application based on or conditions, with approve approve, UDC, this by imposed time the within ,the Council of votes at least 5 , by,City Council shall Following the hearing, the 2) .Hearing Public of Conduct ,60.500.030C.2 Section to pursuant Vacation Easement The City Council shall hold a public hearing on the application for Public 1) Action Council City b. .Common Procedures ,Section 60.500.030 within accordance Council City before hearing public a for scheduled be shall Vacation Easement Public for application The 2) public easement. 50% of the land abutting the petition by owners of at least by or Council City Commission, Engineer, Planning Director, CityDevelopment the Community filed by Easement Vacation may be An application for a Public 1) Hearing and Notice, Application, a. 942 amended as follows:of the Unified Development Code is Criteria for Shoreland Protection Permit Approval 60.500.050 relating to of Section Subsection (1) and (2) of Subparagraph (b) of Paragraph 4 of Clause C .9Section 4 Conservation Ordinance; andWetland 3-6 administered by the City’s are they as Survey Soil USDA the on Soils Hydric or supported wetlands on the Decorah Edge overlay Map andA wetland delineation is required for all development that has Decorah Edge soils or groundwater 3) amended as follows:of the Unified Development Code is Shoreland District Overlay -Additional Criteria for Approval in SDOrelating to A of Section 60.500.050 of Paragraph 4 of Clause (c )Subsection 3 of Subparagraph .8Section 4 been approved by the Citydeviation has Section 60.300.020, unless a Minor Modification, Major Modification, or Variance permitting that Specific Standard applicable to the proposed use in -but not limited to any Use including located, is property the in district zone or use the regulations applicable plans andor other City adopted The application or related Site Development Plan fails to comply with all applicable UDC regulations approval or General Development Plan applicable to the property; and/orDistinctive Development without limitation any including property, the for approvals development or use previous The application or related Site Development Plan fails to comply with one or more the surrounding area. on impacts environmental negative significant create will application The and storm drains, water, or similar public facilities; sanitary sewers, the on burdens impose will or area The operation of the use will create significant negative impacts on the surrounding vehicular/vehicular conflicts; -izing nonserves the use while minimstreet parking area that -way and off -of-right public a from including building, the of ingress/egress The Site Development Plan does not provide pedestrian access to any customer/tenant significant burden upon public facilities;hazards to safety or will impose a on the site will create circulation pedestrian or vehicular and parking, unloading, loading, Vehicular negative impacts.Conditional Use Permit if it determines that the proposed use will not create any of the following shall approve a 1,-21 in indicated as Council, City the or Commission Planning The General a. Approval Permit Use Conditional for Criteria 4 of the Unified Development Code is amended as follows:Permit Approval Criteria for Conditional Use of Clause A of Section 60.500.050 relating to 4Paragraph .7Section 4 Subsection 4 below.on the criteria in decision, a make shall Council City the and recommendation, a make shallapply. In this case, the Planning Commission Decisions by City Council shall also . 60.500.030E.3.cmay only be approved by City Council, the provisions of Section use the indicates 1-210300. .If c below.on the criteria in Subsection 4 943 Floodplain that If a proposed building site is in the FPO Development Director determinesCommunity a Floodplain Development Permit if the conditions with approved or approved be may application Thefollowing: the meet homes, substantial improvements, including the placement of manufacturedconstruction and approved with conditions, if allA Floodplain Protection Permit may be approved, or of the Unified Development Code is amended as follows:Development Permit Approval Floodplain Criteria for 0 relating to 6of Section 60.500.0 Hof Clause 4Paragraph 51.Section aquifers and to protect discharge, interflow, infiltration, and recharge processes.quantity of groundwater recharging lower and quality the maintain will and UDC this in standards applicable Provisions for wetlands areas and DEO zoning district Edge Support comply with 5 follows:of the Unified Development Code is amended as General Development Plan Approval Criteria for relating to 0 6of Section 60.500.0 Bof Clause 3) of Paragraph a) of Subparagraph (5Subsection ( .50Section permanent protection.to ensure .a.300.040F.113260. Section compliance monitor shall city The (c) to ensure permanent protection. .a.300.040F.1132under Section 60.The city shall monitor compliance public dedication. or covenants, HOA ownership, shared of use by and These protections of the shore impact zone shall be preserved in perpetuity (b) .a.3.consistent with the Standards in Section 60.200.040F.11ntirety of the shore impact zone shall be restored rooted, woody vegetation, the e-has been previously cleared or lacks deep edge riparian the of state natural or existing the state. 100% of the Shore Impact Zone must be preserved in its natural or existing (a) 60.200.040F.11.a.2.c&d.detailed in Section are alternative to those apply, shall standards management vegetation following the For residential subdivisions containing buildings with four or fewer dwelling units, 2) permanent protection..040F.11.a.3 to ensure 30020060. Section compliance monitor shall city The (c) and permanent means.dedication, or other equally effective public easements, permanent covenants, restrictions, deed use of by maintained and perpetuity in preserved be shall protections (b) .a.3.60.200.040F.11Section in dsStandar the with consistent restored be shall zone shore impactrooted, woody vegetation, the -riparian edge has been previously cleared or lacks deepor existing state, for a minimum of 80 percent. Where the existing or natural state of the in its natural The riparian edge of the lot within the Shore Impact Zone must be preserved (a) developments, the following vegetation management standards shall apply.or industrial more units, or five containing buildings of consisting developments residential For 1) 944 10% area Sign 20% reduction area recreation Usable 10% width) Bufferyards 20% \[1\] reduction area Landscape Standards Development 10% (maximum) length ft. 10 other All ft. 5 Residential or height Standards Building 15% structures) accessory or primary (for setback Rear 20% yards side of sum Minimum 20% structures) accessory or primary (for setback Side 15% or setback Front Standards Dimensional Lot 25% smaller or ft. 3,000 sq. of Lots 15% ft. sq. 3,000 than larger Lots (minimum) width Lot 25% smaller or ft. 3,000 sq. of Lots 15% ft. sq. 3,000 than larger Lots (minimum) area Lot Standards Site Modification Potential Standard Code Modification Minor to Subject Standards 1- Table Standards Subject to Minor Modification of the Unified Development Code is amended as follows:1 of Paragraph 4 of Clause A of Section 60.500.070 relating to -Table 500.07 Section 52. flood to resistant equipment utility and materials with Constructed b. loads, including the effects of buoyancy; hydrostatic and hydrodynamic from resulting structure the of movement ent floatation, collapse, or lateralDesigned (or modified) and adequately anchored to prev a. :substantial improvements including the placement of manufactured homes Overlay, all construction and 945 25% ft. sq. 3,000 than larger Lots (minimum) width Lot 35% smaller or ft. 3,000 sq. of Lots 25% ft. sq. 3,000 than larger Lots (minimum) area Lot Standards Site ModificationMaximum Potential Standard Code Modification Major to Subject Standards 2- Table Standards Subject to Major Modification of the Unified Development Code is amended as follows:2 of Paragraph 3 of Clause B of Section 60.500.070 relating to -Table 500.07 Section 54. .attached separately from the decision on the application to which it ismay not be appealed Modification Major requested a on decision Director’s Development Community F The below. 02-500.07criteria described in comply with the approval that requests Modification Major all shall Commission Planning d The of the Unified Development Code is amended as follows:Procedure for Major Modification Approval 0 relating to 7of Section 60.500.0 Paragraph 3 of Clause BSubparagraphs (d) and (f) of 53.Section NOTES 60.500.070A.4.b Section See All Act Persons Institutionalized and Use Land Religious under 60.500.070A.4.a Section See All Housing ActFair federal under Accommodation Reasonable 60.400.040D.11or of Section 60.400.070F quality to standard requirements development of comparable facilitate infill, redevelopment, or Development Director to by the Community necessary determined extent the To design Pedestrian and Pedestrian and Building ft. 2 height Sign 946 Equivalent Compliance option described in Section 60.400.060F. Alternative the use may requirements landscape from variations other more for \[1\] NOTES ft. 5 height Sign 15% area Sign 35% reduction area recreation Usable 20% width) Bufferyards 35% \[1\] reduction area Landscape 60.400.020F.of requirements quality to standardcomparable development of redevelopment, or facilitate infill, to Development Community by thenecessary determined extent the To Standards Protection Neighborhood Standards Development 20% (maximum) length ft. 15 other All ft. 10 Residential height Standards Building 25% structures) accessory or primary (for setback Rear 25% yards side of sum Minimum 25% structures) accessory or primary (for setback Side 35% or setback Front Standards Dimensional Lot 35% smaller or ft. 3,000 sq. of Lots 947 conditions and safeguards shall be a violation of this UDC.variance or its a of violation any and property, the of assign or heir, purchaser, Variance was granted are binding upon the applicant and any subsequentA Variance and any conditions and safeguards that are made a part of the terms under which the i. .District CourtCity Councilbe appealed to may only shallconditions, or deny a Variance with approve, to of Board Zoning the by decision A h.g. Natural Resources within 10 days of such action.Commissioner of Minnesota the to issuance for justification its and decision the of copy a Submit the Federal Emergency Management Agency; and by requested when Program, Insurance Flood National the of ch Variances issued in the annual report to the AdministratorsuMaintain a record of the Variance action, including the justification for its issuance, and report Floodplain Overlay, the Community Development Director shall: –60.200.040E FPO or criteria in Section standards the of Variance a of conditions with oval approval Following g.f. nature and effect of the proposed use.Such notice shall be accompanied by such supporting information as is necessary to indicate the matter of the hearing no less than ten days prior to a hearing. and place, time, the of Resources of Commissioner the Floodplain Overlay the Community Development Director shall notify –FPO Upon filing of an application for a variance to standards or criteria in Section 60.200.040E f.e. tain a record of each such notification:coverage, and the Director shall mainrates for flood insurance up to amounts as high as $25 for $100 of insurance increased in result will elevation protection flood the below structure issuance of a Variance to construct aproperty, and that the construction below the flood protection elevation increases risks to life andFloodplain Overlay, the Community Development Director shall notify the applicant in writing that –application for a variance to standards or criteria in Section 60.200.040E FPO Upon filing of an e.d. on the criteria in Subsection 4 below. approve, approve with conditions, or deny an application for a Variance of any standard or criteria based Zoning Board of Appeals shall, within the time limits stated in this UDC, Floodplain Overlay, the –FPO For any Variance application that does not involve the standards or criteria in Section 60.200.040E . d.c conditions are directly related to and roughly proportional to the impact of the Variance. ity, provided that any such of the neighborhood, and the health, safety, or general welfare of the communto reduce or minimize potentially injurious effects of the Variance upon adjoining properties, the character accomplish the purpose of the regulations that are to be modified and safeguards as may be necessary to In granting a Variance, the Board may impose such reasonable and appropriate conditions and . c.b b. Any approved Variance is only valid for the proposal outlined in the Variance application. . plemental by this OAmodified of supProcedures applicable to decisions that require a public hearing before a designated authority, Applications for a Variance shall comply with all requirements of Section 60.500.030 Common a. for Variance Approval Procedure 3. Development Code is amended as follows:of the Unified Variances 0 relating to 7of Section 60.500.0 Cof Clause 3 & 4 sParagraph 55.Section 948 an applicant who has by faith good in reliance detrimental and substantial been has There that: finds if it UDC this in standards the to Variance may Board The j.i. to afford relief. flood the considering necessary, the be shall Variance The the state and national laws and programs.intent of control standards and the flood the of the with consistent is variance The circumstances.unreasonable, impractical, and not feasible under the be would standards the with conformity strict and in undue hardship to the applicant,The failure to grant the Variance would result laws or ordinances.public, or conflict with existing local the of victimization or on fraud cause nuisances, create expense, Variance shall result in additional threats to public safety, extraordinary publicNo required by State law. those than lower standards permit or area, the for Elevation lower degree of flood protection than the Regulatory Flood ProtectionNo Variance shall have the effect of allowing in any use prohibited in that district, permit a designated regulatory floodway may be approved.discharge in any flood base the during levels flood in increase would that Variance No apply: shall criteria additional following the Overlay, Floodplain – FPO the standards or criteria in Section 60.200.040EFor any Variance application that involve h.i. establishment).of square feet in a Neighborhood Retail number the as (such use a of definition the in included is that The Variance does not involve a change to or exception from a numerical standard g. h. district: zoning the within permitted not otherwise use a allow not will Variance The f. g. UDC. this of provisions the consistent with site total the of use economic parcels under the same or related ownership that would allow reasonableadjacent lots or of development with integrated be cannot question in parcel the of development The e. f. welfare.injurious to other property in the area, and will not be materially detrimental to public health of will not be materially area, surrounding the of character essential the alter not will Variance The d. e. Stat. 216C.06, Subd. 14.with Minnesota complies application the construction, sheltered earth for is Variance requested the If d. the same class of zoning district.other lands within the neighborhood or are peculiar to the property that do not apply to that systems, energy solar for sunlight direct to access inadequate or topographical or physical conditions,include but are not limited to irregularity, narrowness, or shallowness of the lot, exceptional difficulties that are unique to the property practical of Examples landowner. the by been not have and The practical difficulties are unique to the property, are not solely economic considerations, c. UDC. this with complying while use proposed that achieving in difficulties The applicant proposes to use the property in a reasonable manner but there are practical b. and intent of this UDC.the general purposes with in and Plan Comprehensive the with consistent is Variance The a. have been met:Appeals makes findings that the following criteria Zoning Board of the if conditions with approved or approved be shall Variance a for application An Approval Variance for Required Findings 949 permitted. is sign or billboard nonconforming a of repair minor and maintenance The 2. .Section 60.500.080Jfull compliance with this in except reestablished be thereafter not shall and abandoned be to presumed of any intent to resume or not to abandon such use, that sign shall benonconforming sign has been discontinued for a period of one year, regardless When the use of any d. sign owner.removed immediately upon notice to the be must and are signs and billboards Such continue. to Any billboards or signs in annexed areas that were not legally established are not authorized c. al nonconforming sign.a leg as be shall and continue, to permitted be shall Land of Annexation of Any billboard or sign in an annexed area that had been legally established at the time b. .Section 60.500.080Jsubject to the regulations of this continue, may and signs nonconforming are regulations, with complies longer no but erected, lawfully were that signs other and billboards constructed a. Continue to Authority 1. J. Code is amended as follows:ent of the Unified DevelopmNonconforming Signs 0 relating to 8of Section 60.500.0 Clause J 57.Section conformity with the provisions of this UDCshall be required to provide all required parking, thus bringing the site into , Parking RequiredMaximum Vehicle , Minimum and 1-Table 400.081-400.08 Tablenormally required, as described in an increase in parking of more than 50 percent or more of the total number of parking spaces site that would require the on structure the of area floor gross the increase to Any 2) of the Unified Development Code is amended as follows:Nonconforming Parking relating to 0 8of Section 60.500.0 Iof Clause 4Subsection (2) of Subparagraphs (a) of Paragraph 56.Section Variance. proportional to the impact of theconditions are directly related to and roughly that any suchand the health, safety, or general welfare of the community, provided neighborhood, the of character the properties, adjoining upon Variance the of or minimize potentially injurious and to reduceregulations that are to be modified safeguards as may be necessary to accomplish the purposes of theconditions and In granting a Variance, the Board may impose such reasonable and appropriate k. urately review the permit or certificate request.for the administrative official to accto provide misleading or incorrect information, or to knowingly withhold information necessary applicant, the property owner, or any other person or party who has had control of the property, action on the part of the an of result the not is permit or certificate the of issuance mistaken The enforcement of this ordinance, andby the administrative official charged with issued in error or certificate received a permit 950 Development Director.notice from the Community of removal of date the of days 60 within be must damaged sign that has not obtained a permit for repair within the specified timeframeA b. the requirements of Section 60.400.110 Signs.removed or brought into compliance with be required to be shall sign the occurs, or damage the months within six repair for permit a obtain shall sign the of value market the percent of 50 thangreater or to equal repair or maintenance requires that billboard nonconforming Any a. Sign Nonconforming to 5. not be entitled to a sign credit.the sign owner will City, the than other entity public a by is billboard nonconforming a If c. tion.compensasign credit and financial compensation, or only be offered financial choice between a shall be owner sign the determine to right the City The b. owner shall be entitled to financial compensation or a sign credit, but not both.the City, the sign by initiated condemnation of result a as is billboard nonconforming a If a. by Signs Nonconforming of Removal 4. other extenuating circumstances. or conditions poor to due provided be may extensions Reasonable property. removed from theexisting, nearby billboard and supporting structure are completely not be issued until thea period of 120 calendar days. The zoning certificate shall encroachment by other billboards, forof the proposed billboard and prevent location the shall letter billboard. This existing the of permit, pending letter indicating preliminary approval of the signDevelopment Director shall issue a the minimum distance between billboards, the Communityordinance, except When a billboard sign permit application satisfies all provisions of the zoning a.c. parties. transferred be may 5) .but not limited to Section 60.400.110 Signsthis UDC, including of standards all meets that location a in used be only may credit sign A4) the Community Development Director prior to the expiration of the sign credits.for review by must be submitted credit sign the using billboard new the for permit sign A3) not be restored.sign credits shall Director.Expired Development Community the by issued are Sign .issuancethe nonconforming billboard.removal of of date from years two for valid sign a generates area sign of 2) count towards the area permitted on a new billboard.sign a shall sign the of face one from area the faces, only two with billboard a of case the In billboard. nonconforming ,existing an from area Erection of a new billboard requires the removal of an equivalent amount of sign 1) program. Credit Sign City’s the with compliance in be only shall billboard nonconforming new A a.b. would remain nonconforming.location where it other any to part in or whole in moved be may sign billboard or nonconforming No location. conforming a to moved be only may signs or billboards Nonconforming a. Sign Nonconforming of Modification 3. 951 created hazards to life or property, as determined by the City Engineer.-or other natural or human wetlands,earth’s surface, high water table, or have difficult topography, unstable soils, subsidence of the mature trees, other significant natural features, as well as properties that are subject to periodic inundation, endangered species, wildlife habitat, unstable or potentially unstable slopes, expansive soils, stands of nds, threatened or Land that features significant and/or fragile environmental qualities like wetla SENSITIVE LANDS the structure before the damage occurred.or exceeds 25% of the market value of equals the on flood event such each of time the at of cost the which for period year-ten Flood related damages sustained by a structure on two separate occasions during a LOSS REPETIVE needs of the surrounding area.meet the physical to designed Code, Development the within otherwise not development, public A FACILITY ICPUBL node. a constitute not do bulbs with NODE for future connectionsubdivision that allows proposed a into street existing any or nodes, two street Any LINK Uses Living Household as 1-400.08 1-21300.0 Tables in listed uses residential Those HOUSEHOLD LIVING USE FIRM to the highest adjacent grade at the structure’s proposed location on the ground number specified in feet on the above the depth one foottwo feetthe flood protection elevation is established by adding AO, Zone In floodway. a of designation from result that floodplain the on any increases in flood elevation caused by encroachments plusabove the elevation of the regional flood one foottwo feetThe flood protection elevation is an elevation no lower than FLOOD PROTECTION ELEVATION amended as follows:of the Unified Development Code is The following Definitions of Section 60.600.030 58.Section 952 .docxAmendments.2023.UDC/20Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .3APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON ___________________________________ .3ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF after its publication.This ordinance shall become effective from and . 59Section M 953.tcartnoc?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF gnidaeR?ecnanidrO?tsriF?-?gn iteeM?licnuoC?:3202?,6?rebmetpeSlavorppA?dna?gniraeH?cilbuP?-?gniteeM?licnuoC?:3202?,12?tsuguArepapswen?eht?ni?dehsilbup?dna?srobhgien?ot?tnes?gniraeH?cilbuP?licnuoC?fo?ecitoN?:3202?,21?tsuguAnoitadn emmoceR?lavorppA?dna?gniraeH?cilbuP?-?gniteeM?noissimmoC?gninnalP?:3202?,62?yluJgniteeM?noitamrofnI?doohrobhgieN?:3202?,13?yaM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.paM?esU?dnaLnalP?evisne herpmoC?s'ytiC?eht?htiw?tnetsisnoc?eb?ot?gninoz?s'etis?eht?sdnema?tnemdnemA?gninoZ?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.o meM?tnempoleveD?ytinummoC?,3202?,62?yluJ?eht?ni?sgnidnif?eht?no?desab?tnemdnemApaM?gninoZ?eht?fo?lavorppa?dnemmocer?ot?0-6?detov?noissimmoC?gninnalP?eht?,3202?,62?yluJ?nO?.etis?eht?fo?tnempoleveder?e ht?rof?ytilibixelf?erom?ytnuoCdetsmlO?timrep?lliw?egnahc?enoz?eht?fo?lavorppA?.esu?dnal?lairtsudni?s'etis?eht?htiw?ecnamrofnoc?otnigninoz?s'etis?eht?gnirb?dna?paM?gninoZ?laiciffO?eht?dnema?lliw?egnah c?enoz?sihT?.gnidliuB?skroW?cilbuPs'ytnuoC?detsmlO?fo?etis?eht?si?dna?)751?dR?ytnuoC(?ES?tS?ht05?5151?dna?8811?ta?detacol?si?etis?ehT?.)lairtsudnI?thgiL(?IL?ot?)toL?llamS?ylimaF-elgniS(?2-R?dna?)ylim aF-elgniS?dexiM(?1-R?morf?etis?erca-48?a?no?noitangised?tcirtsid?gninoz?eht?egnahc?ot?tnemdnemA?paM?gninoZ?a?sesoporp?tnacilppa?ehT:evitarraN?tropeR.)lairtsudnI?thgiL(?IL?ot?)toL?llamS?ylimaF-elgniS( ?2-R?dna?)ylimaF-elgniS?dexiM(?1-R?morfES?tS?ht05?5151?dna?8811?ta?detacol?etis?erca-48?na?fo?noitangised?tcirtsiD?gninoZ?eht?gnignahc?,ytnuoCdetsmlO?yb?,CZ600-3202DC?.oN?tnemdnemA?paM?gninoZ?gnivorp pa?gnivorppa?ecnanidrO?na?gnitpodA:detseuqeR?noitcA???2.KytnuoC?detsmlOyb?CZ600-3202DC?.oN?tnemdnemA?paM?gninoZ NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?AD NEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,61?rebotcO:ETAD?GNITEE A 954 CZ600-3202DC?ytnuoC?detsmlO?-?ecnanidrO:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl 95589 degrees 26 minutes 00 seconds West, 1650.00 feet; thence South 00 degrees 34 minutes ong said east line, 460.00 feet; thence South l8 seconds West, a4 35 minutes North 00hence trter; aeast line of said Southeast Qu het26 minutes 00 seconds East, 200.00 feet to 200.00 feet; thence North 89 degrees st Quarter,ast line of said Southeael with the ellWest, para; thence North 00 degrees 35 minutes 48 seconds gbeginninof tQuarter, 200.00 feet to the poinong the south line of said Southeast l minutes 00of South 89 degrees 26 Quarter; thence on an assumed bearing the southeast corner of said Southeast fo gCommencin County, Minnesota described as follows: Southeast Quarter of Section 25, Township 106 North, Range 14 West, OImsted theThat part of )LAIRTSUDNI THGIL( IL following described lands to the district indicated: establishing the various zoning districts and boundaries thereof is amended by rezoning the 4478 Ordinance No. The Zoning Map of the City of Rochester as adopted by said amended as follows:further of the City of Rochester, Minnesota, is hereby Unified Development Code known as the as amended, 4478Ordinance No. Upon public hearing duly noticed and held, Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: ROCHESTER, MINNESOTA. OF THE CITY OFDEVELOPMENT CODE UNIFIED , KNOWN AS THE 4478ORDINANCE NO. AMENDING AND )LAIRTSUDNI THGIL( ILTO )FAMILY SMALL LOT-SINGLE(2 -AND R) YLIMAF-ELGNIS DEXIM( 1-RFROM OF LAND ACRES 97.93APPROXIMATELY ORDINANCE REZONING ORDINANCE NO. ______ 956 : County, Minnesota described asof the Northeast Quarter of Section 36, Township 106 North, Range 14 West, OImsted part tTha ALSO: .gthe point of beginnin North 20 degrees 02 minutes 30 seconds East, 79.32 feet torees 54 minutes 38 seconds East, 640.48 feet; thence gWest, 664.08 feet; thence South 83 deof the beginning; thence South 89 degrees 26 minutes 00 seconds t13.62 feet to the poin1est, W thence South 20 degrees 02 minutes 30 seconds eet;f minutes 00 seconds West, 500.0000 seconds East, 470.00 feet; thence South 89 degree 26 South 00 degrees 34 minutes 090.00 feet; thence 1480.42 feet; thence South 89 degrees 26 minutes 00 seconds West, id Northeast Quarter, 810.00 feet; thence South 01 degrees 49 minutes 09 seconds West, asorth line of n lseconds West a 26 minutes 00of South 89 degrees gssumed bearinaan st corner of the Northeast Quarter of said Section 36; thence on aorthen Commencing at the fMinnesota described as 14 West, OImsted County, Rangeion 36, Township 106 North, tNortheast Quarter of Secer of the tarhpart of the Northeast Quarter of the Northwest Quarter and the Nort tTha ALSO: beginning. of toinp e1811.59 feet to th Quarter of said Section 36,ong the north line of the Northeast l0 seconds East, a0minutes thence North 89 degrees 26u1310.72 feet to the northeast corner of said Northwest Q ong said north line,ldegrees 57 minutes 10 seconds 98 the Northwest Quarter of said Section 36; thence Southng said west line, 1070. 45 feet to the north line of lominutes 08 seconds West, adegrees 01 00rter of said Section 36; thence North af of the Northwest Qulfeet to the west line of the East Haseconds West, 113.62 feet; thence South 89 degrees 26 minutes 00 seconds West, 1482.48 20 degrees 02 minutes 30 South 500.00 feet; thence West, degrees 26 minutes 00 secondsouth 00 degrees 34 minutes 00 seconds East, 470.00 feet; thence South 89 Sfeet; thence 26 minutes 00 seconds West, 1090.00 seconds West, 480.42 feet; thence South 89 degreesof beginning; thence South 01 degrees 49 minutes 09 tSection 36, 810.00 feet to the poinid ast Quarter of saong the north line of the Northel89 degrees 26 minutes 00 seconds West, aouth Sof thence on an assumed bearing st corner of said Section 36;athe northe tCommencing a Minnesota described as follows:nge 14 West, Olmsted County, aof Section 36, Township 106 North, R lfThat part of the North Ha O:ALS beginning. of tsaid south line, 1450. 35 feet to the poin longdegrees 26 minutes 00 second s East, aheast Quarter, thence NotEast, 660.00 feet to the south line of said Sou 00 seconds 2 957 ss.lein all, 97.93 acres, more or gContainin .beginningseconds East, 167.51 feet to the point of rees 54 minutes 38 gdegrees 46 minutes 11 seconds East, 652.31 feet; thence South 83 deth 87 ufeet; thence So id west line, 51.25aong slminutes 08 seconds West, a degrees 01the Northwest Quarter; thence North 00 feet to the west line of the Northeast Quarter of.40 8ing; thence continue South 89 degrees 26 minutes 00 seconds West, 81npoint of beginthence South 89 degrees 26 minutes 00 seconds West, 664.08 feet to the West, 113.62 feet;grees 02 minutes 30 seconds thence South 20 de minutes 00 seconds West, 500.00 feet;South 00 degrees 34 minutes 00 seconds East, 470.00 feet; thence South 89 degree 26 degrees 26 minutes 00 seconds West, 1090.00 feet; thence 98480.42 feet; thence South 49 minutes 09 seconds West, 10.00 feet; thence South 01 degrees8id Northeast Quarter, sa ofong the north line lest aWf South 89 degrees 26 minutes 00 seconds on assumed bearing ahe northeast corner of the Northeast Quarter of said Section 36; thence on t Commencing at fas Range 14 West, OImsted County, Minnesota describedrter of the Northwest Quarter of Section 36, Township 106 North, apart of the Northeast Qu tTha EXCEPTING THEREFROM: beginning.t, 1060.66 feet to the north line of said Northeast Quarter and the point of saseconds Edegrees 26 minutes 00 0 seconds East, 900.00 feet; thence North 440 degrees 26 minutesNorth 00 degrees 34 minutes 00 seconds West, 380.59 feet; thence North 89 feet; thencest, 637.91 aminutes 00 seconds E degrees 2689 92.94 feet; thence North1seconds West, feet; thence South 20 degrees 02 minutes 30 es 00 seconds West, 500.00tdegrees 26 minuouth 89 Sst, 470.00 feet; thence afeet; thence South 00 degrees 34 minutes 00 seconds Efeet; thence South 89 degrees 26 minutes 00 seconds West, 1090.00 seconds West, 480.421 degrees 49 minutes 09 0 00 seconds West, along said north fine, 610.00 feet; thence SouthQuarter, 200.00 feet to the point of beginning; thence continue South 89 degrees 26 minutes st arth line of said Northeothe n gonlseconds West, aof South 89 degrees 26 minutes 00 t the northeast corner of said Northeast Quarter; thence on an assumed bearing a Commencing 3 958 ZC.docx600-3CD202\\20Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .32APPROVED THIS _____ DAY OF ______________________, 20 CLERKCITY ATTEST: __________________________ COMMON COUNCIL PRESIDENT OF SAID ___________________________________ .32ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 20 BY THE COMMON COUNCIL OF THE CITY OF PASSED AND ADOPTED its publication.EFFECTIVE DATE. This ordinance shall become effective upon the date of .2Section 4 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 959456 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 960457 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 961458 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 962459 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 963460 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 964461 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 965462 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 966463 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 967464 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 968465 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 969466 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 970467 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 971468 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 972469 6/29/2023 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 973470 DocuSign?Envelope?ID:?2F584D20-758C-4BAB-BC2B-AE1BC79C98C7 974471 Principal6/29/2023Authorized?Signer