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IP #962Request for Action Agenda Section Consent September 25, 2017 Approved by: Kirk McDonald, City Manager Item Number Originating Department: Public Works 6.9 By: Bernie Weber, Director /MP q( 2— Agenda Agenda Title�-�- Resolution approving Change Order No. 1 for S.R. Weidema, Inc. Contract for the 2016 Municipal State Aid Infrastructure Improvements Project (project no. 962) Requested Action Staff recommends approval of a resolution approving a change order to provide a new substantial completion date for all work of August 14, 2017. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city has awarded change orders in the past when unforeseen circumstances have prevented contracted work to be completed on time. Background The 2016 Municipal State Aid infrastructure project involved street and utility infrastructure improvements on 491h Ave N between Boone and Winnetka. The street improvement project is composed of a total reconstruction, including water main replacement, repairs to the storm sewer and sanitary sewer infrastructure system in specific areas, as well, new curbing, sidewalk, and bituminous pavement, parking and biking lanes. The original substantial completion date in the contract was July 31, 2017. This change order alters the substantial completion date to August 14, 2017. The extension is recommended in order to allow for better seed growth in cooler weather conditions and installation during the recommended MnDOT seeding dates. This extension had no impact on the final cost of the project, and all work was completed prior to the August 14, 2017 date. Attachments • Resolution Memorandum by city engineer Change order #1 1: \ RFA \ PUB W ORKS \ 2017 \ 2017 Council \ 962 MSA 49th Project \ RFA CP -962 Change Order Ldocz City of New Hope Resolution No. 17-106 Resolution approving Change Order No. 1 for S.R. Weidema, Inc. Contract for the 2016 Municipal State Aid Infrastructure Improvements Project (project no. 962) WHEREAS, city staff have reviewed the request for Change Order No.1 from S.R. Weidema Inc. relating to the contract for the 2016 Municipal State Aid Infrastructure Improvements Project to extend certain "milestone" dates; and WHEREAS, S.R. Weidema Change Order No. 1, prepared by the City Engineer is attached hereto requests that the Substantial Completion date be extended to August 14, 2017; and WHEREAS, the City finds that Change Order No. 1, extending the date, is reasonable and the City Engineer recommends these extensions; and WHEREAS, the City Council has considered this request for Change Order No. 1 to the GMH Asphalt, Inc. contract relating to City Project No. 962 at its meeting of September 25, 2017. NOW, THEREFORE, BE IT RESOLVED: by the City Council of the City of New Hope that the Change Order No. 1 to the Weidema, Inc. contract is approved, but in all other respects the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of September, 2017. Attest: Z:L-iz�tz� City Clerk 1 W"4 Mayor Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 September 18, 2017 File: 193803259 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2016 MSA Infrastructure Improvements - Change Order No. 1 City Project No.: 962 Dear Bernie, As requested, we have prepared the attached Change Order No. 1 to extend the Final Completion date for the 2016 Municipal State Aid Infrastructure Improvements Project to August 14, 2017. The original contract Final Completion date for this project was July 31, 2017. We recommended the extension to allow for better seed growth in cooler weather conditions and installation during the recommended MnDOT seeding dates. This extension had no impact on the final cost of the project, and all work was completed prior to August 14, 2017. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Change Order No. 1 Cc: Bernie Weber, Shawn Markham, Andrew Kramer, Megan Albert, Valorie Leone, Kirk McDonald - New Hope; Adam Martinson, Kellie Schlegel, Ann Dienhart- Stantec. ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date September 8, 201; Contractor: S, R. Weidema, Inc., 17600 113th Ave. N., Maple Grove, MN 55369 Bond Co: Travelers Casualty and Surety Co. of America One Tower Square, Hartford, CT 06183 Bond No: 106450305 CONSTRUCTION CHANGE ORDER NO. 1 2016 MSA INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193803259 C ITYIS CITY PROJECT NO. 962 Description of Work This Change Order provides for the following Milestone date extension. The new Final Completion date for all work will be August 14, 2017. This Change Order does not provide for any additional payments as a result of this change in date. The extension will allow for better seed growth in cooler weather conditions and installation during the MnDOT recommended seeding dates. If Contractor shall neglect, refuse, or fail to complete the remaining work after each Substantial Completion Milestone and/or Final Payment Milestone specified above, Contractor shall pay Owner $2,000 for each day that expires after each Milestone date specified. 193803259CHOI .xlsm Original Contract Amount $2,860,481.15 Previous Change Orders $0.00 This Change Order $0.00 Revised Contract Amount (including this change order) $2,860,481.15 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): September 20, 2016 Ready for final Payment (days or date): July 31, 2017 Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): August 14, 2017 Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: S. R. WEIDEMA, INC. Ct L411 -7 Dat cc: Owner Contractor Bonding Company Sta ntec 193803259CHOl .xlsm Date: S-1 k- 1^j Approved by Owner: CITY OF NEW HOPE 7 Date October 18, 2017 S.R. Weidema, Inc. 17600 1131h Avenue North Maple Grove, MN 55369 Subject: Change Order No. 1 for Project No. 962 At its meeting of September 25, 2017, the New Hope City Council authorized change order no. for the 2016 Infrastructure Project. The change order altered the substantial completion date to August 14, 2017. There was no cost impact to the contract. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Bernie Weber, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hail Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action February 8, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution awarding contract to S.R. Weidema, Inc. for construction of public improvement no. 962, (2016 MSA Infrastructure Improvements project) Requested Action Staff requests approval of a resolution awarding a contract, including alternates #1, #3, and#4 for construction of the 2016 MSA public improvement no. 962, to the low and responsible bidder, S.R. Weidema, Inc., in the amount of $2,860,481.15. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city's street infrastructure management plan has identified areas for maintenance activities in 2016. Background The proposed 2016 street infrastructure project was discussed at the Council's March 16, 2015 CIP work session. On July 27, 2015, Council authorized the preparation of a feasibility study for infrastructure improvements on 49th Avenue between Boone Avenue and Winnetka Avenue, east to the railroad spur, as well, Quebec Avenue between 49th Avenue and Winnetka Avenue, and 54th Avenue North between Zealand Avenue and Winnetka Avenue. In efforts to obtain resident and stakeholder feedback prior to detailed design plans and specifications, two separate neighborhood meetings were held (September 2, 2015, and October 6, 2015). Also, a traffic study on 49th Avenue was conducted to determine vehicle, pedestrian, and bicycle use. Meetings were held between City Staff and Independent School District 281 staff as an assessed stakeholder as well to attempt coordination of projects between the two entities. On October 26, 2015, Council accepted the feasibility study. A public hearing was held on November 23, 2015 as well, Council ordered preparation of Plans and specifications the same evening. On December 14, 2015 Council approved plans and specifications and ordered the advertisement for bids. The proposed project consists of a full reconstruct of 49th Avenue North from Boone Avenue to Winnetka Avenue, including pedestrian and bikeway improvements. The utility infrastructure improvements consist of water and storm sewer replacement, with minimal sanitary sewer improvements. Mill and overlay street improvements will be considered for 49th Avenue North, to the east of Winnetka Avenue and Quebec Avenue North, between 49th Avenue North and Winnetka Avenue, as well as 54th Avenue east of Winnetka Avenue to Boone Avenue. The city engineer has prepared plans and specifications for the proposed 2016 MSA infrastructure \ rfa \ pubworks \ 2016 \ 962 2016 rasa project \ 962 2016 msa project award contract \ final -962 2016 msa award contract.docx Request for Action, Page 2 improvement project. There will only be assessment to the city of New Hope and tax exempt properties within this project. Based upon the feedback received from the residents, stakeholders, and Council, four alternate improvement options were prepared. Following bid results, staff recommends to Council to consider award of the base bid and Alternate 1, 3, and 4. The estimated total project costs are provided below. Improvements Estimated Amount 49th Ave. N. - Full Reconstruction $2,199,146.95 49th Ave. N. - Mill & Overlay $121,763.95 Quebec - Mill & Overlay $370,352.50 Subtotal - Base Bid Improvements Construction Cost $2,691,263.40 Alternate 1 - 54th Ave N Mill & Overlay $131,903.75 Alternate 2 - 49th Ave N Trail (east of Winnetka) x;198,288.00 -------- Alternate 3 - Thermoplastic Crosswalk Markings $16,880.00 Alternate 4 - School Zone & Speed Control Signage $20,434.00 Subtotal - Alternate Improvement Construction Costs $169,217.75 Total Estimated Construction Costs $2,860,481.15 Total Estimated Indirect Costs (20%) $572,096.23 Total Estimated Project Costs $3,432,577.38 The proposed project schedule is: Award Contract February 8, 2016 Start Construction Spring/Summer 2016 Substantial Completion (Excluding Recon. Wear Course & Trail) Fall 2016 Complete Construction Summer 2017 Funding In accordance with New Hope's Assessment Policy, the breakdown for estimated revenue sources, following bid results and inclusion of alternates 1, 3, and 4, for the 2016 MSA infrastructure project # 962 is: • State Aid (Proposed city assessment of $94,301 recognized here) $2,049,963.02 • Street fund $ 0 • Water fund $ 310,431.00 • Sanitary sewer fund $ 89,670.24 • Stormwater fund $ 491,127.00 • Proposed assessments to tax exempt properties $ 491,386.12 The engineer's cost estimate for the total project is $3,432,577.38 Attachments • Engineer Memo • Map • Bid Tab City of New Hope Resolution No. 2016 — 30 Resolution awarding contract to S.R. Weidema, Inc. for construction of public improvement No. 962 (2016 MSA Infrastructure Improvements project) WHEREAS, city staff has identified the need for infrastructure improvements specified in the 2016 CIP; and WHEREAS, the infrastructure improvements in this area are identified to follow the pavement management strategy adopted by Council; and WHEREAS, plans and specifications for the 2016 infrastructure improvement project No. 962 have been prepared by consultant engineers, Stantec, and approved by Council; and WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the 2016 MSA Infrastructure Improvement project; and WHEREAS, the total base bid plus Alternate 1, Alternate 3, and Alternate 4 from S.R. Weidema, Inc. in the amount of $2,860,481.15 is the lowest responsible bid submitted; and WHEREAS, funding is available in assessments, Municipal State Aid funds, the street improvement, water, and storm water improvement funds. NOW, THEREFORE, BE IT RESOLVED, 1. That the contract of public improvement No. 962, the 2016 MSA Infrastructure Improvements project, is awarded to S.R. Weidema, Inc. construction in the amount of $2,860,481.15. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of February, 2016. Mayor Attest:,�it'U( Z49 -),-U-- City Clerk QY1 Stantec January 29, 2016 Stantec Consulting Services Inc. 2335 Highway 36 west, St. Paul MN 55113 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2016 MSA Infrastructure Improvements City Project No. 962 Stantec Project No. 193803259 Bid Results Dear Honorable Mayor and City Council: Bids were received for the Project stated above on January 28, 2016. Bids were received from 10 contractors, with the low bid coming in at $2,691,263.40 and the high bid at $3,142,538.45. The Table below summarizes the results of the Bids. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. The low Bidder on the Project was S.R. Weidema, Inc. with a Total Base Bid Amount of $2,691,263.40. This compares to the Engineer's Opinion of Probable Costs of $2,950,000. The low Bidder on the Project, even when considering awarding any combination of the Alternates, is S.R. Weidema, Inc. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then S.R. Weidema, Inc. should be awarded the Project on the Total Base Bid Amount of $2,691,263.40. The City Council has the option to consider awarding any combination of Alternates with the Base Bid. 'Jasiq 411F r. -n .d Contractor Total Base Bid Alt No. I Alt No. 2 Alt No. 3 Alt No. 4 Low S.R. Weidema, Inc. $2,691,263.40 $131,903.75 $198,288.00 $16,880.00 $20,434.00 #2 Valley Paving $2,772,564.62 $131,106.92 $183,599.37 $17,154.20 $20,994.84 #3 GMH Asphalt $2,867,841.65 $138,671.00 $185,091.00 $17,444.50 $17,940.00 #4 Northwest Asphalt $2,869,374.55 $124,906.30 $191,901.60 $18,068.50 $20,500.00 #5 Park Construction $2,923,336.95 $145,315.90 $177,546.50 $17,053.00 $20,600.00 #6 Northdale Construction $2,933,780.48 $154,929.40 $199,016.10 $23,840.00 $21,762.22 #7 Geislinger & Sons Inc. $3,098,947.00 $144,192.50 $180,190.00 $17,875.00 $23,000.00 #8 LaTour Construction $3,115,228.25 $151,824.25 $217,444.00 $18,297.50 $22,000.00 #9 C.S. McCrossan Const. $3,136,057.05 $133,159.50 $212,453.00 $20,566.00 $20,000.00 #10 Lametti & Sons, Inc. $3,142,538.45 $154,400.00 $180,500.00 $28,950.00 $20,500.00 Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. The low Bidder on the Project was S.R. Weidema, Inc. with a Total Base Bid Amount of $2,691,263.40. This compares to the Engineer's Opinion of Probable Costs of $2,950,000. The low Bidder on the Project, even when considering awarding any combination of the Alternates, is S.R. Weidema, Inc. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then S.R. Weidema, Inc. should be awarded the Project on the Total Base Bid Amount of $2,691,263.40. The City Council has the option to consider awarding any combination of Alternates with the Base Bid. 'Jasiq 411F r. -n .d ( 1 -.4, December 9, 2013 Page 2 of 2 Reference: 2016 MSA Infrastructure Improvements Bid Results Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. 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''� '1 W N 37 fAr'tk ,'. q J �' R3AVMW7eA� M '+ R iSV(W,9 �R .► *� . y ! ��.# � iY�Z„ � rg � wzar�r'Rs..u�-. •"I 4 I 4 f ifitaAV L rD 4 L r L r ?>�" E(00 4-J un Q4 U EUO -J (1) C: o U >M U .- ru 0 0- ru 4w -0 42) 4-J O up) cn L 4� .� E 0 V (1) (1) 0 ■ cn C: Q) • V ■ C: 4-, .-J O)O Off^: V) O V) w V)r Lf)v _ O o >.,U ra a� . — c ru -0 Q) O O 4-' 4) O N 'n 4) �, 0 0 GORDON L. JENSEN' MELANIE P. PERSELLIN" STEVEN A. SONDRALL STAGY A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association 21-icensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 1114 JENSENSONDRALL PERSELLINWOODS P.A., ATTORNEYS AT LAW March 14, 2016 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 VVWWJSPWaW.Com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Re: 2016 Municipal State Aid (MSA) Infrastructure Improvements City Project Nos. 962 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract with S. R. Weidema, Incorporated, a Minnesota corporation. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance and Retainage Agreement. All are in order from a legal standpoint. Please call me if you have any questions. Si erely, % Stacy A. Wo ds, Assistant City Attorney, City of Ne . Hope Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer P:\Attomey\SAS\I Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone ltr - 2016 MSA Infrastructure Improvements - Project 962.doc A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYYY) F2/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cobb Strecker Dunphy & Zimmermann 150 South Fifth Street Suite 2800 CONTACT NAME: Kari Hammon PHONE 612 349-2463 FAX /C No E-MAIL .khammon@csdz.com INSURERS AFFORDING COVERAGE NAIC# Minneapolis MN 55402 INSURERA:Amerisure Insurance Company 19488 CPP20866610200 INSURED WEIDINCI INSURERB:Amerisure Mutual Insurance Company 23396 INSURER C: Hanover Insurance Company 22292 SR Weidema Inc 17600 113th Ave N Dayton, MN 55369 INSURER D: INSURER E: INSURER F" DAMAGE TO RENTED PREMISES Ea occurrence)$1,000,000 COVERAGES CERTIFICATE NUMBER: 720002560 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYYI, POLICY EXP (MMfDDfYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPP20866610200 4/1/2015 4/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence)$1,000,000 MED EXP (Any one person) $10,000 X Contractual Liab X XCU PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,DD0,000 POLICY PRO- JECT F x1 LOC OTHER. PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY Y CA20866600202 4/1!20154/1/2016 Ea accident IN L LIMI $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED AU AUS NON-DVVNEDPROPERTY X HIRED AUTOS X AUTOS BODILY INJURY (Per accident) $ DAMAGE $ Per a.oent Hired Auto Phys Dmg $ACV of Vehicle Comp: $1,000 X Coll: $1,000 A X UMBRELLALIA6 X OCCUR Y CU20866620201 4/1/2015 4/1/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION$0$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE MI OFFICEREMBER EXCLUDED? (Mandatory in NH) N / A WC208666302 4!1/2015 4!1/2016 X STATUTE OERT E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 It yes, describe under DESCRIPTION OF OPERATIONS below A C Property- Rep Cost- Spec Form Owned Equipment - ACV CPP20866610200 IHX799689208 4/1/2015 4/1/2D15 4!1/2016 4!1/2016 Limit: See Below Deductible: $5,000 Limit:$6,649,000 Deductible: $5,0D0 Leased/Rented Equipment - ACV Any One Item:$750,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) 2016 MSA Infrastructure Improvements - City Project No. 963 Additional insured only if required by written contract with respect to General Liability, Automobile Liability, and Umbrella/Excess Liability applies on a primary basis and the insurance of the additional insured shall be non-contributory: City of New Hope (Owner) Engineer See Attached... t -LK I It -ILA I t t1ULUCK k.ANk r_LLA I IUIN City of New Hope 4401 Xylon Ave N. New Hope MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WEIDINCI LOC #: �G ADDITIONAL REMARKS SCHEDULE Pagel of 1 L� AGENCY Cobb Strecker Dunphy & Zimmermann NAMEDINSURED SR Weidema Inc 17600 113th Ave N Dayton, MN 55369 POLICY NU MBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. ACORD 101 (2008/01) .. cS Zout1 Acurtu GUKrUKA I IUN. An ngnts reservea. The ACORD name and logo are registered marks of ACORD ACOAO® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) F2/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cobb Strecker Dunphy & Zimmermann 150 South Fifth Street Suite 2800 CONTACT NAME: Karl Hammon _ PHONE 612-349-2463 FAX (AIC No Ext), IA' — E -M aEss: khammon@csdz.com INSURER(S) AFFORDING COVERAGE NAIC# Minneapolis MN 55402 _ INSURER A_:Amerisure Insurance Company 19488 CPP20866610200 INSURED WEIDINCI _ INSURERB:Amerisure Mutual Insurance Company 23396 _ INSURER C: Hanover Insurance Company 22292 SR Weidema Inc 17600 113th Ave N Dayton, MN 55369 - INSURER D INSURER E: INSURER F: DAMAGE TO RENTED PREMISES (Ea occurrence)_ $1,000,000 COVERAGES CERTIFICATE NUMBER. 720002560 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR --ADD TYPE OF INSURANCE INSD INVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMlDD/YWY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPP20866610200 4/1/2015 4/1/2D16 EACH OCCURRENCE $1,000,000 CLAIMS -MADE f XI OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)_ $1,000,000 MED EXP (Any one person) $10,000 X Contractual Liab X XCU PERSONAL 8 ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $2,000,000 POLICY JE� EX] LOC PRODUCTS - COMPIOP AGG $2,000,00_0 $ OTHER B AUTOMOBILE LIABILITY Y CA20866600202 4/1/2015 4/1/2016 1 MBINE IN L LIMI $1 1,000,000 BODILY INJURY (PerALL ANY AUTO OWNED SCHEDULED JX XNON-OWNED AUTOS BODILY INJURY (Per accident)HIREDAUTOS PROPERTY DAMAGE$ Per accidentComp: Hired Auto Phys Dmg $ACV of Vehicle $1,000 X Coll: $1,000 A X UMBRELLA LIAB X OCCUR Y CU201166620201 4/1/2015 4/1/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? FN] NIA WC208666302 4/1/2015 4/1/2016 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $500,000 E.L, DISEASE - EA EMPLOYE 5500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $500,000 A C Property -Rep Cost- Spec Form Owned Equipment -ACV CPP20866610200 IHX799689208 4/1/2D15 4/1/2D15 4/1/2016 4,1!2016 Limit: See Below Deductible: $5,OOD Limit: $6,649,000 Deductible: $5,000 Leased/Rented Equipment - ACV Any One Item:$750,D00 Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 2016 MSA Infrastructure Improvements - City Project No. 963 Additional insured only if required by written contract with respect to General Liability, Automobile Liability, and Umbrella/Excess Liability applies on a primary basis and the insurance of the additional insured shall be non-contributory: City of New Hope (Owner) Engineer See Attached... CERTIFICATE HOLDER CANCELLATION City of New Hope 4401 Xylon Ave N. New Hope MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZED. REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WEIDI NCI LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Cobb Strecker Dunphy & Zimmermann NAMED INSURED SR Weidema Inc 17600 113th Ave N Dayton, MN 55369 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: A THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 'he following supersedes the cancellation wording: >hould any of the above described policies be cancelled before the expiration date, 30 Days written notice 10 Days for Non -Payment) will be delivered to the certificate holder. ACORD 101 (2008/01) 11© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD March 21, 2016 Mr. Scott Weidema, Inc. 17600113'h Avenue North Maple Grove, MN 55369 SUBJECT: MSA Infrastructure Project — City Project #962 At its meeting of February 8, 2016, the New Hope City Council approved the contract with your company for project no. 962 for $2,860,481.15. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Bob Paschke, director of public works Chris Long, city engineer Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 March 30, 2016 Mr, Brent Lau S.R. Weidema, Inc. 17600113th Avenue North Maple Grove, MN 55369 Subject: Project 962 — Retainage Agreement Enclosed is the retainage agreement relative to project 962, 2016 MSA Infrastructure Improvement Project. The city manager has signed the agreement. Per our conversation, please obtain signatures from Weidema and Associated Bank and return a fully executed copy to my attention (via email is acceptable). Thank you. Sincerely, Valerie Leone City Clerk, CMC Enc. cc: Bob Paschke, director of public works Chris Long, city engineer Steve Sondrall, city attorney CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 of retainage pursuant to Minnesota Statutes, § 15.73, subdivision 2. The Securities Intermediary shall notify the Owner and the Contractor of all security transactions made in the account. Such transactions to include all purchases, sales, calls or maturities of securities, but does not need to include interest payments received or administrative charges. 3. Upon receipt of notification from the Securities Intermediary under Paragraph 2 that the account has been funded and upon receipt of the Assignment defined in paragraph 6, by the Contractor, the Owner shall release to the Contractor cash retainage held under the Contract up to an amount equal to the market value of qualified securities (as described in Paragraph 9) held in the Account. 4. Upon the maturity, redemption or repurchase of any securities in the Account, the Contractor or the Securities Intermediary shall reinvest the proceeds in other securities meeting the requirements of Paragraph 9. All such securities shall be purchased in the name of the Contractor, shall be held by the Securities Intermediary in accordance with this Agreement and shall be held for the benefit of the Owner in lieu of retainage held by the Owner under the Contract. The Contractor shall monitor the market value of the securities held in the Account, and in the event of any material loss in value of the securities (the lesser of $25,000 or 1%) shall notify the other parties and the Contractor shall immediately deposit with the Securities Intermediary in accordance with Paragraph 2, the amount necessary to purchase securities with a market value at least equal to the amount necessary to return the account to the full amount of retainage for which the securities have been substituted. The Contractor shall make best efforts to maintain on deposit in the Account securities with a present market value equal to, or greater in value than, the full amount of retainage for which the securities have been substituted. All handling and/or transfer fees related to investment changes and all other fees incurred on the Account shall be the financial responsibility of the Contractor. 5. The Securities Intermediary shall report at least monthly to the Contractor and the Owner on the last business day of the month the market value of all securities deposited with the Securities Intermediary pursuant to this Agreement. Written daily confirmations of transactions sent to the Owner that contain the market value of the purchased securities will satisfy this reporting requirement. The Securities Intermediary shall deliver the written daily confirmations by email to the Contractor and the Owner. In addition, the Contractor shall provide to the Owner a summary of retainage status and retainage account, in a form prescribed by the Owner, along with each pay claim form submitted under the Contract. All such reports may be electronic and/or delivered electronically, including by email. Reports to the Owner (including transaction confirmations) may be sent to the email address for the Owner set forth in Section 13. Providing access to on-line monthly reports must be available within one week of the month end. Alternatively, mailed physical reports must be mailed within one week of the month end. 2 C. obligations of any corporation wholly owned by the federal government; or d. indebtedness of the Federal National Mortgage Association. A fund containing the described securities does not qualify as a security under this paragraph. If, for the purposes of this Agreement, the Contractor desires to use a security not described above, the Contractor must obtain the approval of Counsel for the city of New Hope for the use of such security, notify the Owner in writing of such approval, and provide the Owner with written evidence of such approval. The Contractor shall not use such a security for the purposes of this Agreement until it has received approval for such use from Counsel for the city of New Hope and provided written evidence of such approval, to the Owner. 10. The Securities Intermediary shall immediately notify in writing the Contractor and the Owner of any lien, levy or claim made on the Account by third parties. 11. All income paid on any securities deposited with or held by the Securities Intermediary pursuant to this Agreement shall be the property of and be paid to the Contractor less reasonable custodial care or service costs charged for such service. These costs shall be the responsibility of the Contractor. 12. The Owner and the Contractor agree that this Agreement shall in no way infringe on or restrict the rights of the Owner or the Contractor under the Contract. 13. Any notice given by any of the parties hereto shall be sufficient when made in writing and delivered in person or sent by registered mail or certified mail, return receipt requested, to the following persons at the addresses indicated: For the Owner: City of New Hope, Minnesota 4401 Xylon Avenue North New Hope, MN 55428 Attn: Valerie Leone, City Clerk Email: vleonegci.new-hope.mn.us CC: Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443-1968 Attn: Steve Sondrall or Stacy Woods, Counsel Email:sas(a jspwlaw.com or saw(2ispwlaw.com 19. In accordance with Minnesota Statutes, § 15.73, subdivision 4, if the Owner incurs additional costs as a result of the Contractor's exercise of its option to deposit securities in lieu of retainage, the Owner may recover such costs frost► Contractor by reducing the final payment due under the Contract. As work on the Contract progresses, the Owner shall, upon demand, inform the Contractor of all such accrued costs, 20. Neither the Contractor nor the Securities Intermediary shall assign, subcontract, or transfer any of its obligations under this Agreement without receiving the express written consent of the Owner except that Securities Intermediary may assign this Agreement in its entirety, without consent, in connection with a merger or acquisition or sale of all or substantially ali of its assets to a bank or trust company that is eligible to perform the obligations of this Agreement under Minnesota Statutes § 15.73, subdivision 2. IN WITNESS NNWEREON, the parties have caused this Agreement to be executed by their duly authorized officers on the dates set forth below. S.R. WEIDE NC. By: Its: Date: 1 t 6 CITY OF OPE By:, MINNE OTA J Its: City Manager Date: March 29, 2016 ASSOCIATED BANK, NATIONAL ASSOCIATION By: 1 !/icy Pre- S 90- Date: 7/6 EXHIBIT A IRREVOCABLE ASSIGNMENT AND POWER OF ATTORNEY To WHOM IT MAY CONCERN: For value received, the undersigned, having the full authority of its Board of Directors to execute this instrument and thereby bind S.R. Weiderna, Inc. ("Contractor"), does hereby irrevocably sell, assign and transfer to the City of New Hope, Minnesota, the following: Account Number 2283360358, owned by S.R. Weidema, Inc., and all those securities held by S.R. Weidema, Inc. in such account and held for the benefit of the City of New Hope, Minnesota pursuant to a Retainage Agreement entered into on or about , 2016, together with all additions and substitutions thereto. The undersigned on behalf of the Contractor does hereby irrevocably constitute and appoint the City of New Hope, Minnesota as attorney-in-fact to endorse, negotiate, sell or transfer the above- described Account and securities., Dated: By: Title: EXHIBIT B Letter Authorizing Release of Securities to Contractor Date Re: Retainage Agreement Between: City of New Hope, Minnesota (Owner), S.R. Weidema, Inc. (Contractor), and Associated Bank, National Association (Securities Intermediary). Dated: Dear Sir or Madam: You are hereby authorized and directed to immediately release to S.R. Weidema, Inc. securities (or the proceeds thereof) in the amount of $ being held by you for the benefit of the City of New Hope, Minnesota (Owner) pursuant to the referenced Retainage Agreement. Sincerely, CITY OF NEW HOPE, MINNESOTA Lo Print Name: Its: cc: Leone Valerie From: Brent Lau <blau@srweidema.com> Sent: Wednesday, April 06, 2016 2:16 PM To: Leone Valerie Subject: RE: Retainage Agreement Yes — that is one way that I have seen it work. From: Leone Valerie [mailto:vleone@ci.new-hope.mn.us] Sent: Wednesday, April 06, 2016 2:08 PM To: Brent Lau Subject: RE: Retainage Agreement It is my understanding that each time you deposit the security to Associated Bank, you must furnish the city with the notice, and then we issue the payment. Correct? Valerie Leone City of New Hope N City Clerk 4401 Xylon Ave N i New Ifope, NIN .53428 Office: 763-531-5117 1 Fax: 763-531-5136 vleone@@new-hope.mn.us } From: Brent Lau [mailto:blau@srweidema.com] Sent: Wednesday, April 06, 2016 2:00 PM To: Leone Valerie <vleone@ci.new-hope.mn.us> Subject: RE: Retainage Agreement Good Afternoon — Please see the attached completed retainage agreement. Let me know if you have any questions as we start the pay application process! Brent Brent Lau Chief Financial Officer S.R.. Weiderna, Inc. 17600 113"' Ave. North Maple Glove, MN 55369 Ph. 76 3.428.9110 l,ax 763.428.9095 blaug,srweidema.com FW4� LEIDEMA From: Leone Valerie [ma iIto: vleone(aDci.new- hope. mn.us] Sent: Tuesday, March 29, 2016 3:11 PM To: Brent Lau Subject: RE: Retainage Agreement Much better. Thanks. I will use this clean version. Valerie Leone City of New Hope I City Clerk 4401 Xylon Ave N I New I -lope, MN 55428 Office: 763-531-5117 1 Fax: 763-531-5136 v1eoneC)ci.new-ho12e.n u7. us From: Brent Lau [mailto:blau@srweidema.com] Sent: Tuesday, March 29, 2016 3:06 PM To: Leone Valerie <vleone@ci.new-hope.mn.us> Subject: RE: Retainage Agreement Thanks. I will get you a copy when it is fully executed as well. This was created by Associated Bank and I have attached the revised copy they made based upon the edits. Brent From: Leone Valerie [mailto:vleone()ci.new-hope.mn.us] Sent: Tuesday, March 29, 2016 3:03 PM To: Brent Lau Subject: RE: Retainage Agreement Getting signatures today; do you know who created the document? I would have liked a clean copy, but guess the marked up version will have to do. After you sign, please send me a fully executed document. Valerie Leone City of New Hope I City Clerk 4401 Xylon Ave N i New Hope, MN 55428 Office: 763-531-5117 1 Fax: 763-531-5136 vleone@@new-hole.m.n.us From: Brent Lau [mailto:blau@srweidema.com] Sent: Tuesday, March 29, 2016 3:02 PM To: Stacy A. Woods <saw@ispwlaw.com> Cc: Leone Valerie <vleone@ci.new-hope.mn.us>; Steven Sondrall <SAS@ispwlaw.com> Subject: RE: Retainage Agreement Good Afternoon — When will we be expecting an executed version coming our way to send on to the bank? Thanks Brent From: Stacy A. Woods [mailto:sawCd)1spwlaw.com] Sent: Tuesday, March 15, 2016 1:33 PM To: Brent Lau Cc: Leone Valerie (vleone(5ci.new-hope.mn.us); Steven Sondrall Subject: Retainage Agreement Hello Brent, Attached is the Retainage Agreement with some minor revisions. The notices to the Owner should be directed to Valerie Leone, the City Clerk and cc: the City Attorney, either myself or Steve Sondrall. Thanks, Stacy Woods Stacy A. Woods* JENSI.N SONDRAL.L.: PERSELLIN & WOODS. P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone(763)424-8811 Fax (763)493-5193 Direct (763) 201-0265 Cell (6 12) 541-0494 saw(jisp,wlaw.com *MSBA Board Certified Real Property Law Specialist NN 'Jt i SONDRALL 77 PERSELLIWINIOODS APlease consider the environment before printing this a -mail. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify sender via E -Mail reply. From: Brent Lau [mailto:blau@srweidema.com] Sent: Wednesday, March 02, 2016 10:49 AM To: Steven Sondrall; Stacy A. Woods Cc: srains@ci.new-hope.mn.us Subject: Retainage Agreement Good Morning — Here is the retainage agreement we would like to use for the upcoming project. Let me know if you have any questions upon your review. Thanks Brent Brent Lau Chief Financial Officer S.R. Weidema, Inc. 17600 113th Ave. North Maple Grove, MN 55369 Ph. 763.428.9110 Fax 763.428.9095 blauq,(,srweidema.com WEICiEMA ,,Jr POO AT EO Project Manual For 2016 Municipal State Aid (MSA) Infrastructure Improvements Prepared for: City of New Hope, Minn City Project N6, 962 Stantec January 2016 Stantec Project No. 193803259 A� Rh® CERTIFICATE OF LIABILITY INSURANCE (MM/ DD/Y1'W) 2/25/2016DATE (MMI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cobb Strecker Dunphy & Zimmermann 150 South Fifth Street Suite 2800 CONTACT NAME: Kari Hammon PHONE 612-349-2463 FAX ' No), E-MAIL . khammon@csdz.com INSURER(S) AFFORDING COVERAGE NAIC# Minneapolis MN 55402 INSURER A :Amerisure Insurance Company 19488 CPP20866610200 INSURED WEIDINCI INSURERB:Amerlsure Mutual Insurance Company 23396 SR Weidema Inc INSURER C: Hanover Insurance Company 22292 17600 113th Ave N Dayton, MN 55369 INSURER D INSURER E: INSURER F: DAMAGE S(RENTED PREMISES Ea occurrence) $1,000,000 COVERAGES CERTIFICATE NUMBER: 720002560 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE ADDLISUBRI INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPP20866610200 4/1/2015 4/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE S(RENTED PREMISES Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 X Contractual Liab X XCU PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JET FX LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY CA20866600202 411/2015 4/1/2016 COMBINED IN L LIMI Ea accident $1,000,000 BODILY INJURY (Per person) $ X1AUTOS ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X PROPERTY DAMAGE $ Per accident Hired Auto Phys Dmg SACV of Vehicle X Comp: $1,000 X Coll: $1,000 A X UMBRELLA LIAB X OCCUR Y CU20866620201 4/1/2015 4/1/2016 EACH OCCURRENCE 55,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 0 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N WC208666302 4/1/2015 4/1/2016X (SPER TATUTE ETH EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? "/A E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 A C Property - Rep Cost- Spec Form Owned Equipment - ACV CPP20866610200 IHX799689208 4/1/2015 4/1/2015 4/1/2016 4/1/2016 Limit: See Below Deductible: $5,000 Limit:$6,649,000 Deductible: $5,000 Leased/Rented Equipment - ACV Any One Item:$750,0D0 Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) 2016 MSA Infrastructure Improvements - City Project No. 963 Additional insured only if required by written contract with respect to General Liability, Automobile Liability, and Umbrella/Excess Liability applies on a primary basis and the insurance of the additional insured shall be non-contributory: City of New Hope (Owner) Engineer See Attached... City of New Hope 4401 Xylon Ave N. New Hope MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU -n RIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WEIDINCI LOC #: -4 " ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Cobb Strecker Dunphy & Zimmermann NAMEDINSURED SR Weidema Inc 17600 113th Ave N Dayton, MN 55369 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE -he following supersedes the cancellation wording: >hould any of the above described policies be cancelled before the expiration date, 30 Days written notice 10 Days for Non -Payment) will be delivered to the certificate holder. ACORD 101 (2008/01) u ZM5 ACUKU wKi'UKA I IUN. An ngnts reserves. The ACORD name and logo are registered marks of ACORD DOCUMENT 00 91 13 ADDENDUM 3 2016 MUNICIPAL STATE AID (MSA) INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA January 26, 2016 Number of Pages: 4 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4734 - Kellie Schlegel, Project Manager The following changes, additions, and deletions are hereb .-lade a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name i @ 2016 Stantec 1 193803259 i Date ADDENDUM 3 0091 13-1 Dov DESIGN DESIGNATION 49TH AVENUE NORTH STA. 0+55 TO STA. 46+60 45TH AVE N FUNCTIONAL CLASSIFICATION MAJOR COLLECTOR IN -18 880,000 No. & WIDTH OF TRAFFIC LANES 2 & 12 - 15 FT No. & WIDTH OF PARKING LANES 1 &8- 10 FT ADT (PRESENT YEAR) 2016 4,360 ADT (FUTURE YEAR) 2036 7,180 HCAOT (FUTURE YEAR) 2036 NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN DESIGNATION QUEBEC AVENUE NORTH STA. 0+26 TO STA. 66+61 C8.01 - C8.06 FUNCTIONAL CLASSIFICATION LOCAL IN -18 300,000 No. & WIDTH OF TRAFFIC LANES 2 & 15 FT No. & WIDTH OF PARKING LANES 1 & 8 FT- 10 FT ADT (PRESENT YEAR) 2016 2,520 ADT (FUTURE YEAR) 2036 3,770 HCADT (FUTURE YEAR) 2036 NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN DESIGNATION 54TH AVENUE NORTH STA. 4+32 TO STA. 26+02 FUNCTIONAL CLASSIFICATION LOCAL IN -18 220,000 No. & WIDTH OF TRAFFIC LANES 2 & 14 FT No. & WIDTH OF PARKING LANES 1 & 8 FT ADT (PRESENT YEAR) 2016 2,160 ADT (FUTURE YEAR) 2036 2,480 HCADT (FUTURE YEAR) 2036 NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN DESIGNATION 49TH AVENUE TRAIL STA. 0+00 TO STA. 19+65 DESIGN SPEED 20 MPH DESIGN SPEEDS BASED ON STOPPING SIGHT DISTANCE: HEIGHT OF EYE = 3.5 FT (ROAD)/4.5 FT (TRAIL) HEIGHT OF OBJECT = 2.0 FT (ROAD)/0.0 FT (TRAIL) MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF NEW HOPE HENNEPIN COUNTY, MINNESOTA 2016 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 CONSTRUCTION PLAN FOR: BITUMINOUS PAVEMENT REMOVAL, PLANT MIXED BITUMINOUS PAVEMENT, REPLACEMENT OF CONCRETE CURB AND GUTTER, BITUMINOUSTRA[L, REPLACEMENT OF CONCRETE PEDESTRIAN CURB RAMPS, CONCRETE SIDEWALK REMOVAL, UTILITY REPLACEMENT AND RELATED APPURTENANCES LOCATED ON 49TH AVENUE NORTH (S.A.P. 182-107-013) FROM BOONE AVENUE NORTH TO NEVADA AVENUE NORTH LOCATED ON QUEBEC AVENUE NORTH (S.A.P. 182-103-007) FROM 49TH AVENUE NORTH TO WIN NETKA AVENUE NORTH (CSAH 156) LOCATED ON 54TH AVENUE NORTH (S.A.P. 182-108-003) FROM 400 FT EAST OF BOONE AVENUE NORTH TO WINNETKA AVENUE NORTH (CSAH 156) BEGIN PROJECT: (ALTERNATE NO. 1) SAP 182-108-003 STA. 4+32 BEGIN PROJECT: SAP 182-107-013 STA. 0+55 CITY HALL BID SITE 49TH AVENUE NORTH (SAP 182-107-013) GROSS LENGTH 4605 FEET 0.87 MILES BRIDGE LENGTH 0 FEET 0 MILES EXCEPTION LENGTH 70 FEET 0.01 PALES NET LENGTH 4535 FEET 0.86 MILES LENGTH AND DESCRIPTION BASED UPON PROPOSED 49TH AVENUE CENTERLINE QUEBEC AVENUE NORTH (SAP 182-103-007) GROSS LENGTH 6635 FEET 1.26 MILES BRIDGE LENGTH 0 FEET 0 MILES EXCEPTION LENGTH 70 FEET 0.01 MILES NET LENGTH 6565 FEET 1.24 MILES LENGTH AND DESCRIPTION BASED UPON EXISTING QUEBEC AVENUE CENTERLINE 54TH AVENUE NORTH (SAP 182-108-003) GROSSLENGTH 2170 FEET 0.41 MILES BRIDGE LENGTH 0 FEET 0 MILES EXCEPTION LENGTH 0 FEET 0 MILES NET LENGTH 2170 FEET 0.41 MILES LENGTH AND DESCRIPTION BASED UPON EXISTING 54TH AVENUE CENTERLINE CP RAIL J TO 54TH AVENUE NORTH r BEGIN EXCEPTION: SAP 182-107-013 STA. 26+57 [ CP 7 o END EXCEPTION: Q r� z SAP 182.107.013 STA. 27+27 w 49TH AVENUE N 47TH AVE N 46TH z TITLE SHEET CIT HAI 45TH AVE N w z w - z � w Z BID SITE O STORM SEWER SCHEDULE AND FITTING WEIGHTS G0.06 -G0.11 M GO. 12 LuQ z_ MILL AND OVERLAY PLAN p w CROSS SECTIONS 3 42ND AVENUE NORTH BEGIN SAP (CSAR 9) EXCEPTION: 182-103-007 STA. 40+70 0' DETAILS J�j END PROJECT: SAP 182-103-007 STA. 66+61 I L K z END EXCEPTION: SAP 182.103-007 STA. 41+40 END PROJECT (ALTERNATE NO.1): SAP 182-108-003 STA. 26+02 END PROJECT: SAP 182-107-013 TYPICAL PLAN SCALE UNLESS OTHERWISE NOTED 0 50 100 Horizontal Scale In Feet 0 5 10 Vertical Scale In Feet BEGIN PROJECT: IAP 182-103-007 STA. 0+26 VICINITY MAP N I 0 500 1000 Horizontal Scale In feet PROJECT LOCATION CITY: NEW HOPE COUNTY: HENNEPIN DISTRICT: METRO BID SITE: CITY HALL, 4401 XYLON AVENUE NORTH, NEW HOPE, MN 55428 MINN. PROJ. NO. STATE FUNDS --- GOVERNING SPECIFICATIONS --- THE 2016 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATION FOR CONSTRUCTION" SHALL GOVERN. ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM AND BE INSTALLED IN ACCORDANCE WITH THE "MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCD) AND PART VI, "FIELD MANUAL" FOR TEMPORARY TRAFFIC CONTROL DEVICES. INDEX GENERAL G0.01 TITLE SHEET G0.02 LEGEND G0.03 GENERAL NOTES G0.04 LOCATION PLAN G0.05 STORM SEWER SCHEDULE AND FITTING WEIGHTS G0.06 -G0.11 STATEMENT OF ESTIMATED QUANTITIES GO. 12 DETOUR PLAN DEMOLITION C0.01 EXISTING CONDITIONS AND REMOVALS PLAN C0.02 EXISTING CONDITIONS AND REMOVALS PLAN , (ALTERNATE NO. 2) TYPICAL SECTIONS 01.01 TYPICAL SECTIONS - 49TH AVENUE N EROSION C2.01 -C2.02 TEMPORARY EROSION CONTROL PLAN C2.03 -C2.04 PERMANENT EROSION CONTROL PLAN WATER MAIN & SANITARY SEWER C4.01 -C4.02 SANITARY SEWER AND WATER MAIN PLAN & PROFILE - 49TH AVENUE N STORM SEWER C5.01-05.03 STORM SEWER PLAN & PROFILE - 49TH AVENUE N STREETS C6.01 -C6.02 STREET PLAN & PROFILE - 49TH AVENUE N C6.03 -C6.07 INTERSECTION DETAILS - 49TH AVENUE N C6.08 -C6.10 MILL AND OVERLAY PLAN C6.11 -C6.12 TRAIL PLAN & PROFILE - 49TH AVENUE N (ALTERNATE NO. 2) CROSS SECTIONS C7.01- C7.10 CROSS SECTIONS - 49TH AVENUE N C7.11- C7.15 CROSS SECTIONS - 49TH AVENUE N TRAIL (ALTERNATE NO. 2) DETAILS C8.01 - C8.06 CIVIL DETAILS C8.07 - CB.11 PEDESTRIAN CURB RAMP DETAILS LANDSCAPING L1.01 PLANTING PLAN - 49TH AVENUE N TRAFFIC CONTROL TI.01- T1.06 SIGNING AND STRIPING PLANS THIS PLAN SET CONTAINS 69 SHEETS. APPROVED: DATE CITY ENIOMEER, CITY OF NEW HOPE APPR(QD: �e X -n.�.a DATE l HENNEPIN 0 UN HIGHWAY ENGINEER APPROVED: ! Pl RIOT STAT ) �3 .J APPROVED: - 'i X i AID ENGINEER: :D FOR COMPLIANCE WITH AID RULES/POLICY FOR STATE AID FUNDING 6_ DATE i t DATE �✓� .07-013, SAP 182-108-0 F�- 0 LIJZ Z Lu CL 0 3�. W Z Z W w 0 D_ N 3E Co o� W �OtFj ~ U H ULu� O ~ N a Q C LLU Z DATE 1-21.16 SURVEY PBR//NA/RBI O.RAWN ACDAWAN DESIGNED PAS CHECK® 911.1 APPROVED 0.15 FR J. NO. 193803259 S ev -am G0.01 R DOCUMENT 00 91 13 ADDENDUM 2 2016 MUNICIPAL STATE AID (MSA) INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA January 22, 2016 Number of Pages: 107 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 -General Office (651) 604-4734 - Kellie Schlegel, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name @ 2016 Stantec 1 193803259 Date ADDENDUM 2 009113-1 DOCUMENT 00 31 00 - AVAILABLE PROJECT INFORMATION 1. Add the following documents to the end of this Section (missing on the original bid set): a. Report dated October 19, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Reconstruction Roadways." b. Report dated October 20, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Mill & Overlay." DOCUMENT 00 41 10(R) - BID FORM 2. Delete the Document added by Addendum No. 1 in its entirety and add the attached Revised Document 00 41 10(R). Bid Item # 185 - CROSSWALK PREFORM THERMOPLASTIC - ZEBRA was added to Alternate No. 2. SECTION 32 17 23 - PAVEMENT MARKINGS 1. Page 32 17 23-1. Paragraph 1.02.A. Add the following Paragraph immediately afterl .02.A.4. : 5. A Bid Item has been provided for Crosswalk Preform Thermoplastic - Zebra. Bid Item is for crosswalk markings on Winnetka Avenue. Measurement shall be per square foot of the applied crosswalk area. 2. Page 32 17 23-3. Add the following after Paragraph 2.01.E: F. Crosswalk Preform Thermoplastic - Zebra. 1. Conform to MnDOT Spec. 3356. 2. White in color. 3. Solid 3' by 10' markings. SECTION 34 41 05 - TRAFFIC SIGNS AND DEVICES 1. Page 34 41 05-2. Paragraph 2.01: Add the following after Paragraph 2.01.D: E. Sign Posts -Street Name Blades 1. Round sign posts. 2. Hot -dipped galvanized steel. 3. 2-3/8 inch outside diameter. 4. Length: 10 feet. 5. Anchor plate. 6. Brackets: a. Top of post: 1) Round Cap: Lyle AL 808RF, or approved equal. 2) Crosspiece between blades: Lyle AL808CF, or approved equal. b. For mounting sign on post: Lyle BR -95, or approved equal. ADDENDUM 2 0 2016 Stantec 1 193803259 0091 13-2 DRAWING G0.11 1. Replace this Drawing with the attached Revised Drawing G0.11 R. Added Bid Item No. 185 for Crosswalk Preform Thermoplastic - Zebra. DRAWING T1.01 R 1. Replace Note No. 3 with the following: 3. Install salvaged street name signs on new posts per Detail STR-27 on Sheet C8.04 and the Specifications. DRAWING T1.02 1. Replace this Drawing with the attached Revised Drawing T1.02R. Added crosswalk striping at Winnetka Avenue. LIST OF ATTACHMENTS 1. Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Reconstruction Roadways. 2. Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Mill & Overlay. 3. Document 00 41 10(R) - Revised Bid Form. 4. Drawing GO. 11 R 5. Drawing T1.02R END OF DOCUMENT ADDENDUM 2 © 2016 Stantec 1 193803259 0091 13-3 This Page Left Blank Intentionally REPORT OF GEOTECHNICAL AND PAVEMENT ENGINEERING SERVICES 2016 New Hope Streets Reconstruction Roadways 49th Avenue North New Hope, Minnesota Date: October 19, 2015 Prepared for: City of New Hope Mr. Bob Paschke Director of Public Works 5500 International Parkway New Hope, MN 55428 AET Report No. 28-01050A AMERICAN ENGINEERING TESTING, INC. October 19, 2015 City of New Hope Mr. Bob Paschke Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets Reconstruction of 49th Avenue North New Hope, Minnesota AET Report No. 28-01050A Dear Mr. Paschke: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our pavement engineering services for the referenced project in New Hope, Minnesota. These services were performed according to our proposal to you dated August 24, 2015 and autl°,)rized on September 9, 2015. This report is for the roadway planned for reconstruction. The results of testing of the other roadways will be forwarded separately. We are submitting this email copy of the report to you. Two hard copies will also be mailed. An email copy is also being sent to Kellie Schlegel of Stantec. Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services. Sincerely, American Engineering Testing, Inc. Melanie Fiegen, P. Pavement Engineer II (651)603-6618 mflegen@amengtest.com Page i 550 Cleveland Avenue North l St. Paul, MN 55114 Phone 651-659-9081 I Tali Free 800-972-6364 Fax 651-659-13791 www.amen-gtest.com I AA/EEO 4M This document shall not he reproduced, except in full, without written approval from American Engineering Testing, Inc. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets October 19, 2015 AET Report No. 28-01050A SIGNATURE PAGE Prepared for: City of New Hope 5500 International Parkway New Hope, MN 55428 Attn: Mr. Bob Paschke Director of Public Works Report Authored By: Melanie Fiegen, P.E. Pavement Engineer II I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Date: 10 1 J 115 License #: 16711 Copyright 2015 American Engineering Testing, Inc. All Rights Reserved Prepared by: AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659-9001/www.amengtest.com Peer Review Conducted By: Chunhua Han, Ph.D., P.E. Principal Engineer, Geotechnical Division Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project. Page ii Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. TABLE OF CONTENTS TransmittalLetter............................................................................................................................. i Signature Page TABLEOF CONTENTS............................................................................................................... iii 1.0 introduction............................................................................................................................... 1 2.0 SCOPE OF SERVICES...............................................................:............................................ 1 3.0 PROJECT INFORMATION..................................................................................................... 1 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING .......................................... 2 4.1 Pavement Thickness Testing................................................................................................ 2 4.2 Subsurface Exploration.......................................................................................................... 3 5.0 SITE CONDITIONS................................................................................................................. 3 5.1 Pavement Thickness.............................................................................................................. 3 5.2 Subsurface Soils/Geology...................................................................................................... 5 5.3 Ground Water........................................................................................................................ 5 5.4 Review of Subgrade Properties............................................................................................. 5 6.0 RECOMMENDATIONS.......................................................................................................... 6 6.1 Definitions............................................................................................................................. 6 6.2 Existing Pavement Recycling................................................................................................ 7 6.3 Subgrade Preparation............................................................................................................. 7 6.4 Estimated R-value................................................................................................................ 10 6.5 Utility Support, Bedding, and Backfilling........................................................................... 11 7.0 CONSTRUCTION CONSIDERATIONS.............................................................................. 11 7.1 Potential Difficulties............................................................................................................ 11 7.2 Excavation Backsloping...................................................................................................... 12 7.3 Observation and Testing...................................................................................................... 12 8.0 LIMITATIONS....................................................................................................................... 12 Figures 1— Approximate Boring Locations Figures 2 — Pavement Thickness STANDARD SHEETS Bedding/Foundation Support of Buried Pipe Utility Excavation Backfilling APPENDIX A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Result Sheets APPENDIX B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Subsurface Boring Logs APPENDIX C Geotechnical Report Limitations and Guidelines for Use Page iii Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. 1.0 INTRODUCTION Improvements are proposed for the several streets in the City of New Hope, Minnesota. One street is planned for total reconstruction and additional streets are planned for other rehabilitations. To assist planning and design, you have authorized American Engineering Testing, Inc. (AET) to conduct a GPR survey and subsurface exploration program at the site, conduct soil laboratory testing, and perform a geotechnical and pavement engineering review for the project. This report presents the results of the above services at the reconstruction roadways and provides our engineering recommendations for that work. The results of our testing at the other roadways will be presented separately as it is available. 2.0 SCOPE OF SERVICES AET's services were performed according to our proposal to you dated August 24, which was authorized on September 9, 2015. The authorized scope consists of the following: • Perform a Ground Penetrating Radar (GPR) survey of the roadways identified for reconstruction. • Drill and sample 8 standard penetration test (SPT) borings to nominal depth of 12 feet in the roadways planned for reconstruction. • Conduct laboratory gradation, organic or moisture content testing. • Prepare a report showing the subsurface data, pavement thickness data, the estimated R - value, and recommendations for pavement reconstruction. These services are intended for geotechnical purposes. The scope is not intended to explore for the presence or extent of environmental contamination. 3.0 PROJECT INFORMATION The project consists of reconstruction of 49h Avenue North between Boone Avenue North on the west and Winnetka Avenue North on the east within New Hope, Minnesota. The tested roadway is illustrated in Figure 1. Page 1 of 12 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. • Most soils are moderate to poor draining. • Most soils have moderate to high frost heave potential. Due to the above limitations, we recommend a sand subbase be incorporated into the design. The primary approach decision rests on the sand subbase thickness to be used. We recommend the subbase be at least 1 -foot thick. Performance could be improved by placing a thicker subbase Sand subbase layers are typically required to be Select Granular Material. This specification allows for the possibility of a fine grained sand material approaching a silty sand classification. This type of material does not allow for "free" drainage, and the stability can also be affected by the presence of water. Modified Select Granular Material is less affected by water and provides improved drainage. Therefore, you may wish to consid:r this material if your budget allows. Where there is a need to vary the thickness of the sand subbase along the profile of the road, we recommend the thickness have a taper of no steeper than 10:1 (H:V). This can be steepened to 4:1 in directions perpendicular to the centerline (e.g., meeting in with side streets). The subcut and sand layer placement should extend slightly beyond the outer edge of curbs to maintain frost uniformity. In areas where moderate to slow draining soils will remain below the sand subbase (which will apply to most of the length), the sand subbase should be provided with proper subsurface drainage to prevent build-up of water within the sand. This can be accomplished by placing short segments of properly engineered drainage lines which are connected to catch basins in low elevation areas (referred to as "finger drains"). Where streets are relatively level, and if finger drains are not frequent, longer parallel drainage lines should be placed through that area to better remove infiltrating water. The need for shorter paths to draintile lines increases as the subbase material becomes less permeable (i.e., less draintile would be needed using Modified Select Granular Material versus Select Granular Material). The less permeable subgrade soils should be graded to promote the flow of water to the finger drains and drainage lines. Page 8 of 12 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. 6.3.2 Stability Improvement The final subgrade should have proper stability within the critical subgrade zone. In areas where clayey soils or higher silt content soils are exposed, stability should be evaluated using the test roll procedure. Where unstable soils are found under the test roll process, these soils should be improved by means of scarification, drying, and recompaction; or by subcutting and replacement. We recommend the final soils remaining in place be capable of passing a test roll prior to placing the sand subbase. With this, it is our judgment that a test roll should not be necessary on the sand subbase material. In those areas where sandy soils are exposed, we recommend applying surface compaction. This compaction should take place with at least 4 passes of a self-propelled vibratory roller compactor having a drum diameter of at least 3 feet. Overall stability should be evaluated during the compaction process (deflection judgments by a geotechnical/pavement engineer). Instability will likely be a result of wetter clayey/silty soils beneath the exposed sandy soils. Again, the unstable soils should be improved by means of scarification, drying, and recompaction; or by subcutting and replacement. With the placement of a sand subbase layer, it will be possible to better detect unstable soils within the lower portion of the critical subgrade zone. Without sand subbase placement, test roll evaluation would need to pay special attention to "wavy" or rolling deflection due to deeper unstable conditions. If only the upper rutted soils are reworked in this case, unstable soils below about 1 foot or so could then be undetected and remain beneath the surface, which would affect long-term performance. If a sand subbase is not placed, it may then be necessary to perform subcutting of unstable soils, even if not intended for frost/drainage reasons. Although not encountered in any of the borings, if organic soils are found to be present, we recommend removing these soils where present within the critical subgrade zone. Page 9 of 12 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. We caution that instability of soils present beneath the soils being reworked and compacted may limit the ability to compact the upper soils. In this case, greater depths of subcutting and stability improvement may be needed. 6.3.3 Fill PlacementlCompaction Following subcutting and preparation of existing soils, fill can be placed as needed to re -attain subgrade elevation. Fill should be placed per the requirements of MnDOT Specification 2105.3F1 (Specified Density Method). Using ASTM terminology, this specification requires soils placed within the critical subgrade zone be compacted to a minimum of 100% of the standard maximum dry unit weight defined in ASTM: D698 (Standard Proctor test), at a water content 65% to 102% of the standard optimum water content. A reduced minimum compaction level of 95% of the standard maximum dry unit weight can be used below the critical subgrade zone. The sand subbase can be considered part of a composite subgrade; and the top of the subbase can be figured as the top of the 3 -foot subgrade zone needing the 100% compaction level. However, the lower (dry) end of the water content range requirement does not need to apply to the sands. 6.4 Estimated R -value Based on Table 5-3.3(a) within the MnDOT Pavement Manual (2007) and on our experience, we estimate the limiting A-6 soils have an R -value of 12. Assuming the sand subbase contributes to R -value improvement (rather than granular equivalent contribution), we recommend assuming the following design R -value for the noted sand subbase thicknesses: • 12 inch sand subbase: R = 25 • 18 inch sand subbase: R= 35 • 24 inch sand subbase: R = 45 Page 10 of 12 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. 6.5 Utility Support, Bedding, and Backfilling If utility installation/repairs take place, we recommend trenching, installation, repairs, and backfilling be performed prior to final street subgrade preparation and sand subbase placement. With proper pipe bedding, the soils represented by the borings should provide adequate foundation support for utility construction. Special bedding would be needed in cases of trench bottom instability (e.g., softer clays or organic soils) or where the pipe is placed within soils which may create point loads (e.g., bedrock or zones of high gravel content, cobble, and/or boulder laden soils). We refer you to the attached standard data sheets entitled `Bedding/Foundation Support of Buried Pipe" and "Utility Excavation Backfilling" for additional recommendations on utility bedding and for utility backfilling. If ground water enters trenches during construction, we recommend positive dewatering be performed such that bedding placement and pipe installation can be performed in a non -standing water condition. 7.0 CONSTRUCTION CONSIDERATIONS 7.1 Potential Difficulties 7. LI Wet or Dry Soils The materials excavated may be wet or dry of the "optimum" condition, making proper compaction of those materials as trench backfill not possible unless they are mechanically moisture conditioned to near the standard optimum water content. The instability of soils beneath the fill layer being compacted may also limit the ability to compact the upper soils. 7.1.2 CobblesBoulders The soils at this site may potentially include debris, cobbles, and/or boulders. These larger Page 11 of 12 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. particles may make excavating procedures somewhat more difficult than normal if they are encountered. 7.2 Excavation Backsloping If excavation faces are not retained, the excavations should maintain maximum allowable slopes in accordance with OSHA Regulations (Standards 29 CFR), Part 1926, Subpart P, "Exca- vations" (can be found on www.osha.gov). Even with the required OSHA sloping, water seepage or surface runoff can potentially induce sideslope erosion or running which could require slope maintenance. Maintaining excavation face slopes in accordance with OSHA requirements should be the responsibility of the contractor and the construction documents be prepared to this effect. 7.3 Observation and Testing The recommendations in this report are based on the subsurface conditions found at our test boring locations. Since the soil conditions can be expected to vary away from the soil boring locations, we recommend on-site observation by a geotechnical engineer/technician during construction to evaluate these potential changes. Sieve analysis tests should be conducted on sand subbase and aggregate base materials to evaluate compliance with the project material specifications. Soil density and Proctor testing should also be performed on new fill placed in order to document that project specifications for compaction have been satisfied. 8.0 LIMITATIONS Within the limitations of scope, budget, and schedule, our services have been conducted according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, express or implied, is intended. Important information regarding risk management and proper use of this report is given in Appendix B entitled "Geotechnical Report Limitations and Guidelines for Use." Page 12 of 12 :r 4,LGeoE`ye, i -cuff ed, Earth. .Esri, HERQDeLor Je so' . I .. At c ,' 1 16 B1 B2,%� ri ► 'B 3. f,t. _igc� . - Bir 'r B. ' B ►40 0VA 16 ;rri s r 0 ��uurce uau�y T pi C�1'a3 pft lCS, CNE'.7NI s {lSVlsb , U5 '.. .AEXI, Getmappi , Aerogri N MTuln,,,Ma�;prnvin Dens6eetma� RtributoA. and.t e,GI!;A*us cri r m ►4 # op + i �. L L. 41 7ft I �p TciP�iviSstopo, � .. av� fm Iwo 1 � � 1 � rtiabt•�1�f � �, I �� me � F=ye�F 'S► r � � � � u M t •. r i-Ol A , rpr ?I Jr. V L Ir •IF t i 04r r► - i � r Sburce 'NASA ,Im - �- Sourcei, US re. Esri, Dig talGlobe, Geo Eye; i -cull. d r Geographics,-ONES/Airbus DS - Es r i, SEsri,"HER L me, Tom�Tom, MapnlVlndia,,.@) Ope* —1114wh- Ow qr ti or Od IL A' `fir a 40 i si -0 IMJL-�' Layers vi s121 < 0,00in RI 0.002.40in "1 i • 19.60in • •.a� rt# RZ MO 1 Y •! +USG's' - � DA, USGS, AEX, Getmapping, Aerorlrid, IGN, IGP ,swisst0 ,eetMap c=ontributors, a)id,the GIS user commun yw BEDDING/FOUNDATION SUPPORT OF BURIED PIPE GENERAL This page addresses soil bedding and foundation support of rigid pipe, such as reinforced concrete, and flexible pipe, such as steel and plastic. This does not address selection of pipe based on loads and allowable deflections, but rather addresses the geotechnical/soil aspects of uniform pipe support. Bedding/foundation support needs relate to local conditions directly beneath and to the sides of the pipe zone, which may be influenced by soft in-situ ground conditions or by soil disturbance due to soil sensitivity or ground water. Bedding relates to granular materials placed directly beneath the bottom of the pipe (usually 4" to 6" thick), which is intended to provide increased support uniformity. We refer to foundation soils as thicker layers of sands and/or gravels (beneath the bedding zone) intended to provide increased foundation strength support, usually needed due to soft, unstable and/or waterbearing conditions. GRANULAR BEDDING With circular pipes, high local loads (approaching point loads) develop if pipes are placed on hard surfaces. Load distribution is improved by placing granular bedding materials beneath the pipe, which are either shaped to match the pipe bottom or are placed without compaction to allow "settling in." The bedding should be placed in such a manner that the pipe will be at the proper elevation and slope when the pipe is laid on the bedding. Common bedding material is defined in MnDOT Specification 3149.2F, Granular Bedding. Published documents recommend rigid pipes having a diameter of 12" to 54" be placed on a bedding thickness of 4", which increases to 6" of bedding for pipe diameters ranging from 54" to 72". Beyond a 72" diameter, the bedding thickness can be equal to the pipe outside diameter divided by 12. Typically, the need for bedding under small diameter pipes (less than 12") depends on the pipe designer's specific needs, although in obvious point loads situations (bedrock, cobbles, significant coarse gravel content), bedding is recommended. Note that bedding should also account for larger diameter bells at joints. FOUNDATION FILL Positive uniform strength is usually compromised in soft or unstable trench bottom conditions. In this case, deeper subcuts and foundation fill placement is needed beneath the pipe. In moderate instability conditions, improvement can likely be accomplished with a thicker bedding layer. However, in more significant instability situations, particularly where ground water is present, coarser materials may be needed to provide a stronger foundation. Thicker gravel layers can also be a favorable media from which to dewater. The following materials would be appropriate for stability improvement, with the coarser materials being appropriate for higher instability/ground water cases. • Fine Filter Aggregate — MnDOT Specification 3149.2J • Coarse Filter Aggregate MuDOT Specification 3149.2H When using a coarser material which includes significant void space, we highly recommend enveloping the entire gravel layer within a geotextile separation fabric. The gravel material includes open void space, and the fabric acts as a separator which minimizes the intrusion of fines into the open void space. If additional granular bedding sand is used above foundation gravel, the fabric would also prevent downward infiltration of bedding sand into the rock void space. Although it is preferred to not highly compact thin granular bedding zones directly beneath the pipe center, it is desirable to compact the foundation materials to prevent more significant pipe settlement. We recommend foundation fill be compacted to a minimum of 95% of the Standard Proctor density (ASTM: D698). It is not possible to test coarse rock fill, although this material should still be well compacted/ tamped. Often, pipes entering structures such as catch basins, lift stations, etc., enter the structure at a higher elevation than the structure bottom, and are therefore placed on the structure backfill. Fill beneath these pipes should be considered foundation fill. Depending on the flexibility of the connection design, it may be necessary to increase the minimum compaction level to reduce differential settlements, particularly with thicker fills. SIDE FILL SUPPORT If the pipe designer requires support from the side fill, granular bedding should also be placed along the sides of the pipe. In poor soil conditions, the sand fill may need to be placed laterally up to two pipe diameters on both sides of the pipe. With rigid pipe; compacted sand placement up to the spring line (within the haunch area) is usually sufficient. With flexible pipe, side fill should be placed and compacted at least to the top of the pipe. For positive support, it is very important to properly compact the sands within the haunch area. 01REPO 17 (07/14) AMERICAN ENGINEERING TESTING, INC. UTILITY EXCAVATION BACKFILLING GENERAL Clayey and silty soils are often difficult to compact, as they may be naturally wet or dry, or may become wet due to ground water or runoff water during construction. Soils will need to be placed within a certain range of water (moisture) content to attain desired compaction levels. Moisture conditioning to within this range can be time consuming and labor intensive, and will require favorable weather. The degree of compaction and the soil type used for backfill within open cut utility excavations depends on the eventual function of the overlying land surface. Details are as follows: ROADWAYS Where trenches are located below roadways, we recommend using inorganic fill and compacting these soils per MnDOT Specification 2105.3F1 (Specified Density Method). This specification requires achieving 100% of the Standard Proctor density in the upper 3 -foot subgrade zone, and 95% below this. Note that this specification also includes moisture content range requirements which are important for proper subgrade stability. Where available soils are wet or of poor quality, it may be possible to use the "Quality Compaction Method" (MnDOT Specification 2105.3F2) for soils below the upper 3 -foot subgrade zone if you can tolerate some subsidence. However, a high level of stability is still important within the upper subgrade zone and recommend that the "Specified Density Method" be used in this upper subgrade area. We caution that if backfill soils in the lower trench area are significantly unstable, it may be difficult or even impossible to properly compact soils within the upper 3 -foot subgrade zone. In this case, road subgrade stability can be improved by placing a geotextile reinforcement fabric directly over the unstable soils followed by properly drained granular fill placement. STRUCTURAL AREAS If fill is placed beneath or within the significant zone of influence of a structure (typically a 1:1 lateral oversize zone), the soil type and minimum compaction level will need to be evaluated on an individual basis. Because trenches result in variable fill depths over a short lateral distance, higher than normal compaction levels and/or more favorable (sandy) soil fill types may be needed. If this situation exists, it is important that special geotechnical engineering review be performed. NON-STRUCTURAL AREAS hi grass/ditch areas, backfill soils should be placed in reasonable lift thicknesses and compacted to a minimum of 90% of the Standard Proctor density (ASTM: D698) and/or per the Mn/DOT "Quality Compaction Method." If lower compaction levels are accepted, more noticeable subsidence at the surface can occur. Steep or high slopes require special consideration, and if this situation exists, it is important that special geotechnical engineering review be performed. SPECIAL CASES Structural retention systems are often used to reduce impacts on adjacent streets/improvements. If localized excavations/pits or annular spaces are created which need to be backfilled, it may not be possible to place and compact soils by the conventional means of backfilling. Retraction of structural systems can also leave soils loosened. Significant settlement can occur in areas where backfill cannot be compacted. If these situations are located in non-structural or non -paved areas, it may be reasonable to accept the settlements and associated follow-up maintenance in order avoid the high cost of trying to compact the soil or placing flowable lean concrete fill. However, there may be areas where fill settlement needs to be avoided, especially as the settlement will be differential from the surrounding surface, or differential from a buried structure in the case of higher piping entering the structure. Where settlement needs to be avoided, the specification should require that the contractor submit a backfill compaction plan along with the retention plan. Improper sequencing of retention system removal and backfilling of the pits could result in excessive settlement and/or lateral movement of nearby improvements. 01REPO 18 (07/14) AMERICAN ENGINEERING TESTING, INC. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 20, 2015 ENGINEERING Report No. 28-01050 TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing GPR Data and .Analysis Results Sheets Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01050 A.1 FIELD EXPLORATION The pavement structural conditions at the site were evaluated nondestructively using Ground Penetrating Radar (GPR). The description of the equipment precedes the GPR Data and Analysis Results in this appendix. A.2 EQUIPMENT DESCRIPTION A.2.1 GSSI GPR Test System The GPR test system owned by AET is a GSSI Roadscan System that consists of a bumper -mounted, 2 GHz air - coupled antenna and a SIR -20 control and data acquisition processor, featuring dual channels. The GPR processor, including a SIR -20 data acquisition system, wheel -mounted DMI (Distance Measuring Instrument), and a tough book with the SIR -20 Field Program constitutes the newest, most sophisticated GSSI Test System, which fulfills or exceeds all requirements to meet ASTM -4748, ASTM D-6087 Standards. Figure Cl provides a view of this equipment. Figure B1 GSSI 2 GHz air -coupled GPR Test System The GPR antenna emits a high frequency electromagnetic wave into the material under investigation. The reflected energy caused by changes in the electromagnetic properties within the material is detected by a receiver antenna and recorded for subsequent analysis. The 2 GHz air -coupled GPR is capable of collecting radar waveforms at more than 100 signals per second, allows for data to be collected at driving speeds along the longitudinal dimension of the pavements or bridge decks with the antennas fixed at the rear or in front of the vehicle. The antenna used for Roadscan is the Horn antenna Model 4105 (2 GHz). The 2 GHz antenna is the current antenna of choice for road survey because it combines excellent resolution with reasonable depth penetration (18-24 inches in pavement materials). The data collection is performed at normal driving speeds (45-55 mph), requiring no lane closures nor causing traffic congestion. At this peed the 2 GHz antenna is capable of collecting data at 1 -foot interval (1 scan/foot). The data were collected at a rate of about 1 vertical scans per foot. Each vertical. scan consisted of 512 samples and the record length in. time of each scan was 12 nanoseconds. Filters used during acquisition were 300 MHz high pass and 5,000 MHz low pass. In a GPR test, the antenna is moved continuously across the test surface and the control unit collects data at a specified distance increment. In this way, the data collection rate is independent of the scan rate. Alternatively, scanning can be performed at a constant rate of time, regardless of the scan distance. Single point scans can be performed as well. Data is reviewed on-screen and in the field to identify reflections and ensure proper data collection parameters. Field testing is performed in accordance with the standard ASTM procedures as described in ASTM D 4695-96, "Standard Guide for General Pavement Deflection Measurements". A.2.2 System Calibrations Horn antenna processing is used to get the velocity of the radar energy in the material by comparing the reflection strengths (amplitudes) from a pavement layer interface with a perfect reflector (a metal plate). The calibration scan is obtained with the horn antenna placed over a metal plate at the same elevation as a scan obtained over pavement. Appendix A - Page I of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01050 The same setting for data collection is used for metal plate calibration. Fifteen seconds are need for jumping up and down on the vehicle's bumper to collect the full range of motion for the vehicle's shocks. The filename of raw calibration file is recorded. Survey wheel is calibrated by laying out a long distance (> 50 feet) with tape measure. A.2.3 Linear Distance and Spatial Reference System Distance measuring instrument (DMI) is a trailer mounted two phase encoder system. When DMI is connected to the SIR -20 it provides for automatic display and recording distance information in both English and metric units with a 1 foot (0.3 meters) resolution and four percent accuracy when calibrated using provided procedure in the Field Program. Spatial reference system is a Trimble ProXH Global Positioning System (GPS) that consists of fully integrated receiver, antenna and battery unit with Trimble's new H-Star"I technology to provide subfoot (30 cm) post processed accuracy. The External Patch antenna is added to the ProXH receiver for the position of the loading plate. The External Patch antenna can be conveniently elevated with the optional baseball cap to prevent any signal blockage. A.2.4 Camera Monitoring System A battery operated independent DC -1908E multi -functional digital camera with a SD card is used for easy positioning of the loading plate or of the pavement surface condition at the testing locations. A.3 SAMPLING METHODS At the project level, the testing interval is set at 12 scans per foot in the Outside Wheel Path (OWP) = 2.5 ft ± 0.25 ft (0.76 m f 0.08 m) for nominal 12 ft (3.7 m) wide lanes at a survey speed of approximately 10 mph. Where a divided roadbed exists, surveys will be taken in both directions if the project will include improvements in both directions. If there is more than one lane in one direction the surveys will be taken in the outer driving lane (truck lane) versus the passing lane of the highway. GPR tests are performed at a constant lateral offset down the test section. When GPR tests are performed on bridge decks, multiple survey lines are followed transversely at 2 -foot spacing between survey lines. At the network level, GPR tests on one scan per foot are set to be able to collect data on pavements at driving speeds, without statistically compromising the quality of the data collected. If GPR tests are for the in situ characterization of material GPR data will be collected at two scan per foot at slower driving speeds. A.4 QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) Beside the daily metal plate calibration the DMI is also calibrated monthly by driving the vehicle over a known distance to calculate the distance scale factor. The GPR will be monitored in real time in the data collection vehicle to minimize data errors. The GPR units will be identified with a unique number and that number will accompany all data reported from that unit as required in the QC/QA plan. Scheduled preventive maintenance ensures proper equipment operation and helps identify potential problems that can be corrected to avoid poor quality or missing data that results if the equipment malfunctions while on site. The routine and major maintenance procedures established by the LTPP are adopted and any maintenance has been done at the end of the day after the testing is complete and become part of the routine performed at the end of each test/travel day and on days when no other work is scheduled. To insure quality data, the GPR assessments took place on generally dry pavement surfaces, and data was collected in each wheel path. Appendix A - Page 2 of 3 AMERICAN ENGINEERING TESTING, INC. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 19, 2015 ENGINEERING AET Report No. 28-01050A TESTING, INC. Appendix B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Subsurface Boring Logs Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01050 B.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling 12 standard penetration test borings. The locations of the borings and cores appear on the Figure, preceding this appendix. B.2 SAMPLING METHODS B.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split -spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2 -inch O.D. split -barrel sampler into the in-situ soil with a 140 -pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N -value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N -value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N -values than the traditional N60 values. By.using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100%. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140 -pound weight falling 30 inches. The current ASTM procedure acknowledges the vide variation in N -values, stating that N -values of 100% or more have been observed. Although we have not yet determined , :e statistical measurement uncertainty of our calibrated method to October 11, 2011, we can state that the accuracy deviation of the N -values using this method is significantly better than the standard ASTM Method. B.2.2 Disturbed Samples (DS)/Spin-up Samples (SU) Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. B.2.3 Direct Push Samples (DP) Sample types described as "DP' on the boring logs are continuous core samples collected by the direct push method. The method consists of a 2.125 OD outer casing with an inner 1.5 inch ID plastic tube driven continuously into the ground. B.2.4 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual -manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. B.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual -manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. Appendix B - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01050 Visual -manual judgment of the AASHTO Soil Group is also noted as a part of the soil description. A chart presenting details of the AASHTO Soil Classification System is also attached. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. B.4 WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring logs. The following information appears under "Water Level Measurements" on the logs: • October 11, 2011 and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement • Casing Depth: depth to bottom of casing or hollow -stem auger at time of measurement • Cave-in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered • Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the water table at the boring locations may be different than the water levels measured in the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. B.5 LABORATORY TEST METHODS B.5.1 Water Content Tests Conducted per AET Procedure 01 -LAB -010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265. B.5.2 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 01 -LAB -040, which is performed in general conformance with ASTM: D6913, Method A. B.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. B.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix B - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES ' DRILLING AND SAMPLING SYMBOLS Symbol Definition AR: Sample of material obtained from cuttings blown out DEN: the top of the borehole during air rotary procedure. B, H, N: Size of flush joint casing CAS: Pipe casing, number indicates nominal diameter in PERM: inches COT: Clean-out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights DP: Direct push drilling; a 2.125 inch OD outer casing RQD: with an inner 1 %2 inch ID plastic tube is driven continuously into the ground. FA: Flight auger; number indicates outside diameter in SA: inches IIA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter VSU: in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N(BPF): Standard penetration re Aance (N -value) inblows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel _ RDA: Rotary drilling with compressed air and roller or drag bit RDF: Rotary drilling with drilling fluid and roller or drag bit REC: In split -spoon (see notes), direct push and thin-walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. SS: Standard split -spoon sampler (steel; 1.5" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thinwalledtube;numberindicatesinside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid WH: Sampler advanced by static weight of drill rod and hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel T :: Water level directly measured in boring 0: Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: , Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) q,,: Static cone bearing pressure, tsf qu: Unconfined compressive -strength, psf R Electrical Resistivity, ohm curs RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight O/o-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES (Calibrated Hammer Weight) The standard penetration test consists of driving a split -spoon sampler with a drop hammer (calibrated weight varies to provide N6o values) and counting the number of blows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D 15 86, the blows for each complete 6" increment and for each partial incrementis on the boring log. For partial increments, the number of blows is shown to the nearest 0.1' below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N -value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the . entire sampler drive (which may even extend more than 18"). 01REP052C (7/11) AMERICAN ENGINEERING TESTING, INC. AASHTO SOIL CLASSIFICATION SYSTEM AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS Classification of Soils and Soil -Aggregate Mixtures The placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2. Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30. Group A-8 soils are organic clays or peat with organic content >5%. 1000 9C 8C 7C j60 O 3 Cr 5C 40 30 20 10 PLASTICITY INDEX (PI) 1.0 20 3.0 4.0 5.0 6.0 70 Granular Materials Silt -Clay Materials General Classification / / (35% or less passing No. 200 sieve) (More than 35% passing No. 200 sieve) A-1 A-2 A-7 Group Classification / / / A-7-5 A -1-a A -1-b A-3 A-2-4 A-2-5 A-2-6 A-2-7 A4 A-5 A-6 A-7-6 Sieve Analysis, Percent passing: A-4 -A-6- No. ,10 (2.00 mm) ............................. 50 max. No. 40 (0.425 mm) ............................ 30 max. 50 max. 51 min. No. 200 (0.075 mm) ............................ 15 max. 25 max. 10 max. 35 max. 35 max. 35 max. 35 max. 36 min. 36 min. 36 min. 36 min. Characteristics of Fraction Passing No. 40 (0.425 mm) Liquid limit ................................... .... .... 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. Plasticity index ............................... 6 max. N.P. 10 max. 10 max. 11 min. 11 min. 10 max. 10 max. 11 min. 11 min. Usual Types of Significant Constituent Materials Stone Fragments, Fine Silty or Clayey Gravel and Sand Silty Soils Clayey Soils Gravel and Sand Sand General Ratings as Subgrade .................... Excellent to Good Fair to Poor The placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2. Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30. Group A-8 soils are organic clays or peat with organic content >5%. 1000 9C 8C 7C j60 O 3 Cr 5C 40 30 20 10 PLASTICITY INDEX (PI) 1.0 20 3.0 4.0 5.0 6.0 70 'Liquid Limit and Plasticity Index Ranges for the A-4, A-5, A-6 and A-7 Subgroups Definitions of Gravel. Sand and Silt -Clay The terms "gravel", "coarse sand", "fine sand" and "silt -clay", as determinable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: GRAVEL- Material passing sieve with 3 -in, square openings and retained on the No. 10 sieve. COARSE SAND - Material passing the No. 10 sieve and retained on the No. 40 sieve. FINE SAND - Material passing the No. 40 sieve and retained on the No. 200 sieve. COMBINED SILT AND CLAY -Material passing the No. 200 sieve BOULDERS (retained on 3 -in. sieve) should be excluded from the portion of the sample to which the classiricailon is applied, but the percentage of such material, If any, in the sample should be recorded. The term "silty" is applied to fine material having plasticity index of 10 or less and the term "clayey'ts applied to rine material having plasticity index of 11 or greater. GROUP INDEX CHART Group Index (GI) = (F-35) 10.2+0.005 (LL -40) ] + 0.01 (F-15) (PI -10) where F = % Passing No. 200 sieve, LL = Liquid Limit, and PI = Plasticity Index When working with A-2-6 and A-2-7 subgroups the Partial Group Index (PGI) is determined from the PI only. When the combined Partial Group Indices are negative, the Group Index should be reported as zero. -30-- ,20j 4 0 - Example% Then 82% Passing No. 200 sieve PGI = 8.9 for LL LL= 38 PGI = 7.4 for PI PI=21 GI =16 00 01CLS022 (07/11) AMERICAN ENGINEERING TESTING, INC. / / / / / / / A-5 A-7/ A-4 -A-6- 'Liquid Limit and Plasticity Index Ranges for the A-4, A-5, A-6 and A-7 Subgroups Definitions of Gravel. Sand and Silt -Clay The terms "gravel", "coarse sand", "fine sand" and "silt -clay", as determinable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: GRAVEL- Material passing sieve with 3 -in, square openings and retained on the No. 10 sieve. COARSE SAND - Material passing the No. 10 sieve and retained on the No. 40 sieve. FINE SAND - Material passing the No. 40 sieve and retained on the No. 200 sieve. COMBINED SILT AND CLAY -Material passing the No. 200 sieve BOULDERS (retained on 3 -in. sieve) should be excluded from the portion of the sample to which the classiricailon is applied, but the percentage of such material, If any, in the sample should be recorded. The term "silty" is applied to fine material having plasticity index of 10 or less and the term "clayey'ts applied to rine material having plasticity index of 11 or greater. GROUP INDEX CHART Group Index (GI) = (F-35) 10.2+0.005 (LL -40) ] + 0.01 (F-15) (PI -10) where F = % Passing No. 200 sieve, LL = Liquid Limit, and PI = Plasticity Index When working with A-2-6 and A-2-7 subgroups the Partial Group Index (PGI) is determined from the PI only. When the combined Partial Group Indices are negative, the Group Index should be reported as zero. -30-- ,20j 4 0 - Example% Then 82% Passing No. 200 sieve PGI = 8.9 for LL LL= 38 PGI = 7.4 for PI PI=21 GI =16 00 01CLS022 (07/11) AMERICAN ENGINEERING TESTING, INC. DIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 Criteria for Assigm�a Group Symbols and Group Names Using Laboratory Tests`' Coarse -Grained Gravels More CIean Gravels Cu -1. and 1<_Cc<3 Soils More than 50% coarse Less than 5% GM han 50% fraction retained fines' Cu<4 and/or 1>Cc>3 ataiaed on on No. 4 sieve Poorly -graded sand SM _1o. 200 sieve SC Gravels with Fines classify as ML or 1•.p�'� Cobbles Fines more 11111W ` - than 12% fines' Fines classify as CL or CH Fine -Grained 'oils 50% or note passes die No. 200 sieve see Plasticity :hart below) Sanas.)u/a or uican Lancs uu>b ano i< more of coarse Less than 5% fraction passes finesp Cu<6 and/or No. 4 sieve Silts and Clays Liquid licit Iess than 50 Sands with Fines classify as ML or MH .Fines more than 12% fines' Fines classify as CL or CH inorsanic PI>7 and olots on or above "A" lint PI<4 or "A" lint CL Lean cla organic Liquid limit -over. dried <.75 OL Organic ciay� Liquid limit -not dried Organic silt - d•o Silts and Clays inorganic PI plots on or Liquid limit 50 - or more PI plots belov Eghly organic oil "lime Licnrid limit -oven dried <0.75 Liquid limit -not dried Primarily organic matter, d in color, and organic in odor J011 (�la5SII1C'cS10Il ' Troup =bol Group Name - GW Well graded grave? GP Poorly graded .gravel' GM Silty grave GC Clayey grave SW Wel graded sand SP Poorly -graded sand SM Silty sand SC Clayey sand CL Lean cla organic Liquid limit -over. dried <.75 OL Organic ciay� Liquid limit -not dried Organic silt - d•o Silts and Clays inorganic PI plots on or Liquid limit 50 - or more PI plots belov Eghly organic oil "lime Licnrid limit -oven dried <0.75 Liquid limit -not dried Primarily organic matter, d in color, and organic in odor a MH Elastic Organic sT7tQ Far class ificetian of fine road soils ADDITIONAL TEItNLINOLOOYNOTES USED BYAET FOR SOIL IDENTMCATION AND DESCRIPTION Layering Botes ' Size a° fore -grained rractiar, o;' tnarse-gi alaea Consistenov of Plastic Soils Relative Density of Non -Plastic Soi%s Term snits, Term N. -Value- BPF Term Particle Size Term Percent Boulders Over 12" A Little Gravel . 3%-14% . INI■■■■■■■1 Harizental at PI -4 "a LL=25.s, J � `�` 1•.p�'� Cobbles gull 11111W ` - Loose 5-10 Gravel Equation ofV_line It11�■■■1 Firm 5 - 8 _ Medium Dense Vertical at LL_16 to Pr l Sand #200 to #4 sieve n It1Ii�.�■■■■■ That P1= BILL -sI 31-50 Fines (silt & clay) Pass #200 sieve Very Stiff ' Very Dense Greater than 50 Iill�■■!i\■il Hard Greater than 30 a MH Elastic Organic sT7tQ Far class ificetian of fine road soils ADDITIONAL TEItNLINOLOOYNOTES USED BYAET FOR SOIL IDENTMCATION AND DESCRIPTION Layering Botes ' Size a° fore -grained rractiar, o;' tnarse-gi alaea Consistenov of Plastic Soils Relative Density of Non -Plastic Soi%s Term snits, Term N. -Value- BPF Term Particle Size Term Percent Boulders Over 12" A Little Gravel . 3%-14% . Equatianaf A' -line a�% Harizental at PI -4 "a LL=25.s, J � `�` 1•.p�'� Cobbles 3° to 12" With Gravel 15%-29% - then PI-Q.73ILL-20i 2-4 Loose 5-10 Gravel Equation ofV_line Gravelly 30%-50% Firm 5 - 8 _ Medium Dense Vertical at LL_16 to Pr l Sand #200 to #4 sieve stiff That P1= BILL -sI 31-50 Fines (silt & clay) Pass #200 sieve Very Stiff 16-30 Very Dense Greater than 50 Hard Greater than 30 / a MH aA OH - M�-oRpl-- I i/ CL-iAL -- I IIIII 1 1 1 1 1 1 I�� t7 W m s a 0 4 PARTICLE SIZE IN VALJMETERS 00 10 16 ao 30 40 50 - 60 70 s0 90 too a D.M.'15 LIQUID LIMIT (LL) Plasticity Chart AiVIMCAN � ENGINEERING 3 TESTING, INC. Notes ABased on the material passing the 3 -in 75 -mm) sieve. field sample contained cobbles or boulders, orboth, add "with cobbles or boulders, or both" to group name. 'Gravels with 5 to 12% fines require dual symbols: GW -GM well -graded gravel with silt GW -GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay 'Sands with 5 to 12% fines require dual symbols: SW -SM well-gaded sand with silt SW -SC will -graded sand with clay SP -SM poorly graded sand with silt SP -SC poorly graded sand with clay (Dao)a ECu=D60/D1q Cc= Dia X Dm r1f soil contains >15% sand, add `with sand" to group name. 'If fines classify as CL -ML, use dual pmy of GC -GK or SC-S1vL If fines are organic, add `with organic fines" to group name. r f soil contains >15% gravel, add `with gavel" to group name. 'If Attarberg limits plot is hatched area, soils is a CL -ML -silty clay. Klf sora contains 15 to 29•% plus No. 200 add `with sand" or "with gravel", whichever is predominant. Llf soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name- uIf soil contains >30% plus No. 200, predominantly gravel, add "gravelly" to group name. It >4 and plots on or above "A4 line. oPI<4 or plots below "A" line PPI plots on or above A' 1me. QPi plots below "A" line. "Fiber Contumt dcscrtdon shown below. 01CLS021 (07/08) AMERICAN ENGINEERING TESTING, INC ADDITIONAL TEItNLINOLOOYNOTES USED BYAET FOR SOIL IDENTMCATION AND DESCRIPTION Layering Botes Grain Size Gravel Percenraaes Consistenov of Plastic Soils Relative Density of Non -Plastic Soi%s Term N -Value, BPF Term N. -Value- BPF Term Particle Size Term Percent Boulders Over 12" A Little Gravel . 3%-14% Very Soft less than 2 Very Loose 0-4 Cobbles 3° to 12" With Gravel 15%-29% Soft 2-4 Loose 5-10 Gravel #4 sieve to 3" Gravelly 30%-50% Firm 5 - 8 _ Medium Dense 11-30 Sand #200 to #4 sieve stiff 9-15 Dense 31-50 Fines (silt & clay) Pass #200 sieve Very Stiff 16-30 Very Dense Greater than 50 Hard Greater than 30 01CLS021 (07/08) AMERICAN ENGINEERING TESTING, INC Molsnnz/rrostu0namon Layering Botes (MC Column) and is Judged to have sufficient organic fines D (Dry): Absense of moisture, dusty, dry to Laminations: Layers less than M (Moist): touch- Damp, although free water not y=' thick of Peat visible. Soil may sell have a high differing material Hemi' Peat wafer- content (over`opdmum"). or color. W (Wet( Free water visible intended to or layers WateTbearing): describe non -plastic sorts.Lenses:Pockets Trace roots: Small roots present but not judged Waterbearing usually relates to greater than I/" to be in sufficieat quantity to, sands and sand with silt thick of differing F (Frozen): Soil frozen _ material or color. 01CLS021 (07/08) AMERICAN ENGINEERING TESTING, INC Soils are described as orgmdc• if soil is not peat and is Judged to have sufficient organic fines Fiber Content content to influence the Liquid Limit properties. Tarin (Visual Estimate) SZi dy or_-cmic used for borderline cases. Peat Greater a Greater than 67% Inclusions roots: Judged to have sufficient quantity With roots: Hemi' Peat 6h roots is influence the soil Sapric Peat Less than 33% roperties. properties Trace roots: Small roots present but not judged to be in sufficieat quantity to, significantly affect soilproperties. 01CLS021 (07/08) AMERICAN ENGINEERING TESTING, INC AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. B-1 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0437493 LONGITUDE: -93.3888226 DEPTHFIELD P SAMPLE REC & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN.WC FEET DEN LL PL o-#20 7" Bituminous pavement FILL SU 19 FILL, mostly silty sand with gravel and clayey 1 sand, dark brown and brownA-1-b ( ) 16 M SS 17 12 FILL, mostly sandy lean clay, a little gravel, dark 2 gray to brownish gray and brown (A-6) 11 M SS 18 15 3 4 LEAN CLAY, dark gray, a little gray, firm, FINE lenses and laminations of silty sand and sand ALLUVIUM 5 (CL) (A-6) 7 M SS 14 20 6 SAND, a little gravel, fine to medium grained, : COARSE dark brownish gray, waterbearing, loose (SP) ALLUVIUM (A -1-b) 10 W SS 15 8- 910 9- 10 6 W SS 11 11 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-9'/z' 3.25" HSA DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED 10/2/15 12:50 8.5 7.0 7.4 6.9 SHEETS FOR AN 10/2/15 12:55 11.0 9.5 9.0 7.2 EXPLANATION OF BORING COMPLETED: 10/2/15 TERMINOLOGY ON DR: DS LG: SB Rig: 1C I I THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. B-2 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.043713 LONGITUDE: -93.3748214 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. WC DEN LL PL o-#20 5.75" Bituminous pavement FILL SU 6 FILL, mostly clayey sand, a little gravel and silty I sand, brown (A-2-6) 10 M SS 13 15 TILL OR SANDY LEAN CLAY, a little gravel, dark FILL 2 brown mottled, stiff to firm to stiff, laminations of silty sand (CL) (A-6) (possible fill) 7 M SS 6 16 3- 4- 45 5— 9 M SS 16 19 6 LEAN CLAY WITH SAND, a little gravel, dark TILL gray, stiff (CL) (A-6) 10 M SS 15 17 8 9 10 11 M SS 18 18 11 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO „ 0-91/2' 3.25 HSA DATE TIME SAMPLED CASING CDEPTH FLUID LEVEL LEAVEEL THE ATTACHED 10/2/15 12:25 11.0 9.5 9.5 Nome SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON BORING COMPLETED: 10/2/15 DR: DS LG: SB Rig: 1C THIS LOG 03/2011 01-OH—R-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-010550 LOG OF BORING NO. B-3 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0437826 LONGITUDE: -93.3869949 DEPTH IN MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL o-#20 FEET TYPE IN. T' Bituminous pavement FILL SU I FILL, mostly silty sand with gravel, pieces of bituminous, dark brown (A -1-b) 7 M SS 15 14 FILL, mostly sandy lean clay, a little gravel and 2 silty sand, brown and dark brown (A-6) 4 M SS 13 16 3 4 FILL, mostly clayey sand, a little gravel, pieces of bituminous, a little silty sand, grayish brown 5 and brown (A-6) 6 M SS 17 11 6- 3 M SS 13 18 8— 8 9 LEAN CLAY WITH SAND, a little gravel, TILL OR grayish brown and brown mottled, firm, FILL 10 laminations of silt and sandy silt (CL) (A-6) (possible fill) 5 M SS 13 17 I 1 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 1 , „ 0-9/z 3.25 HSA DATE TIME STD DEPTIH CDEPTH FLUID LEVEL LEVEL THE ATTACHED 10/2/15 11:55 11.0 9.5 9.5 None SHEETS FOR AN EXPLANATION OF COMPLETED: 10/2/15 TERMINOLOGY ON DR: DS LG: SB Rig: 1C THIS LOG 03/2011 01-DHR-060 ERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. B-4 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0436558 LONGITUDE: -93.3769221 DEPTH SAMPLE REC FIELD & LABORATORY TESTS D MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. WC DEN LL PL 420 5.5" Bituminous pavement FILL SU FILL, mostly silty sand, a little gravel and clayey 1 sand, brown (A -I -b) 21 M SS 17 11 FILL, mostly clayey sand, a little gravel and silty 2 sand, grayish brown and brown (A-6) FILL, mostly sandy lean clay, a little gravel, 3 grayish brown and brown (A-6) 9 M SS 18 13 4- 5- 16 M SS 17 14 6 SANDY LEAN CLAY, a little gravel, brownish TILL gray and brown mottled, stiff, lenses and laminations of clayey sand and sandy silt (CL) g (A-6) 10 M SS 18 12 9- 10 11 M SS 14 16 11 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 1 , „ 0-9h 3.25 HSA DATE TIME STD DEPTH DPH FLUID LEVEL LEVEL THE ATTACHED 10/2/15 11:25 11.0 9.5 9.5 None SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON BORING COMPLETED: 10/2/15 DR: DS LG: SB Rig: 1C THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. B-5 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0437118 LONGITUDE: -93.3844429 DEPTH IN MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL o-420 FEET TYPE IN. 7" Bituminous pavement FILL SU 1 M SU 12 FILL, mostly sand with silt and gravel, dark brown (A -1-b) 12 M SS 17 11 FILL, mostly clayey sand, a little gravel and silty 2 sand, dark grayish brown and brown (A-6) FILL, mostly silty sand, a little gravel, pieces of 11 M SS 18 15 3 bituminous, dark brown (A -1-b) t FILL, mostly clayey sand, a little gravel and silty q sand, dark gray and brown (A-6) FILL, mostly clayey sand, a little gravel and ALLUVFINE 5 sandy lean clay, grayish brown and dark brown OR FILL (A-6) 9 M SS 13 37 LEAN CLAY WITH SAND, slightly organic, a 6 little gravel, trace roots, black, a little grayish brown, stiff, lenses and laminations of silty sand TILL (CL) (A-6) (possible fill) SANDY LEAN CLAY, a little gravel, trace roots, gray and brownish gray mottled, stiff (CL) 11 M SS 17 17 8 (A-6) 9- 10 9 M SS 16 17 11 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-91/2' 3.25" HSA DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED 10/2/15 11:00 11.0 9.5 9.5 None SHEETS FOR AN EXPLANATION OF BORING COMPLETED: 10/2/15 TERMINOLOGY ON DR: DS LG: SB Rig: IC THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 25-01050 LOG OF BORING NO. B-6 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0436558 LONGITUDE: -93.3769221 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. FEET WC DEN LL PL ,#20 6" Bituminous pavement FILL SU FILL, mostly gravelly sand with silt, a little I clayey sand, brown (A -1-b) 43 M SS 17 11 15 FILL, mostly clayey sand, a little gravel and silty 2 sand, dark grayish brown and gray (A-6) FILL, mostly sandy lean clay, a little gravel, silty 18 M SS 17 14 3 sand and clayey sand, brownish gray and brown (A-6) 4 FILL, mostly clayey sand, a little gravel and silty sand, light brownish gray, brown (A-6) 5 11 M SS 18 13 6 SANDY LEAN CLAY, a little gravel, light TILL brown mottled, very stiff to stiff, laminations of sandy silt (CL) (A-6) 16 M SS 16 14 8- 910 9- 10- 10 M SS 18 14 11 i I END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO ' ' 0-9%1 3.25" HSA DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED 10/2/15 10:25 11.0 9.5 9.5 None SHEETS FOR AN EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 10/2/15 1. LOG dl DR: DS LG: SB Rig: 1C -T iTHIS 03/2011 0 1-llHK-u6u AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. B-7 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.0436674 LONGITUDE: -93.3769116 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. WC DEN LL PL ,#20 7.5" Bituminous pavement FILL SU I FILL, mostly silty sand with gravel, brown (A- I -b) 25 M SS 16 2 FILL, mostly clayey sand, a little gravel and silty sand, dark grayish brown and gray (A-6) 12 M SS 16 13 3- 4 FILL, mostly sandy lean clay, a little gravel, pieces of bituminous, a little silty sand, dark 5 brown and brown (A-6) 7 M SS 17 15 6 SANDY LEAN CLAY, a little gravel, brown TILL and light brownish gray mottled, firm to stiff (CL)(A-6) 7 M SS 15 16 8- 9- 910 10— 10 M SS 18 16 1l END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO I „ 0-9h 3.25 HSA DATE TIME SAMPLED P DEPTH CAVE-IN FLUIDLEVELLEVEL THE ATTACHED 10/2/15 9:50 11.0 9.5 9.5 None SHEETS FOR AN EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 10/2/15 DR: DS LG: SB Rig: 1C THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET JOB NO: 28-01050 LOG OF BORING NO. B-8 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.043707 LONGITUDE: -93.3787213 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. FEET WC DEN LL PL : o-#20 6.5" Bituminous pavement FILL SU FILL, mostly gravelly sand with silt, a little 1 clayey sand, brown (A -1-b) 44 M SS 16 13 2 FILL, mixture of silty sand and clayey sand, a little gravel, grayish brown and dark brown 22 M SS 6 3 (A-2-4, A-6) 4 SANDY LEAN CLAY, a little gravel, brown TILL and grayish brown mottled, stiff (CL) (A-6) 5 10 M SS 15 15 6- 7- 710 10 M SS 18 15 8 9 10 12 M SS 18 18 1 t END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE 'TIME SAMPLED DEPTH DPH LEVEL LEVEL T� ATTACHED 1 " 0-9/Z 3.25 HSA T -I FLUID SHEETS FOR AN _ 10/2/15 9:20 11.0 9.5 9.5 None EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 10/2/15 DR: DS LG: SB Rig: 1C THIS LOG 03/2011 01-Dt R-060 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 20, 2015 ENGINEERING Report No. 28-01050 TESTING, INC. Appendix C Geotechnical Report Limitations and Guidelines for Use Appendix C Geotechnical Report Limitations and Guidelines for Use . AET Report No. 28-01050 C.1 REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE1, of which, we are a member firm. C.2 RISK MANAGEMENT INFORMATION C.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. C.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. C.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the Iocation of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or Iiability for problems that occur because their reports do not consider developments of which they were not informed. C.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such. as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. 1 ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733: www.asfe,.org Appendix C — Page I of 2 AMERICAN ENGINEERING TESTING, INC Appendix C Geotechnical Report Limitations and Guidelines for Use AFT Report No. 28-01050 C.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. C.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. C.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. C.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recohnizes that separating logs from the report can elevate risk. C.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. C.2.10 Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. C.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenviromnental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironrnental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix C — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC AMERICAN ENGINEERING TES-TING, INC. CONSULTANTS ENVIRONMENTAL - GEoTECHNICAL !MATERIALS FORENSICS REPORT OF GEOTECHNICAL AND PAVEMENT ENGINEERING SERVICES 2016 New Hope Streets Mill & Overlay New Hope, Minnesota Prepared for: City of New Hope Mr. Bob Paschke Director of Public Works 5500 International Parkway New Hope, MN 55428 AET Report No. 28-01050B AMERICAN ENGINEERING TESTING, INC. October 20, 2015 City of New Hope Mr. Bob Paschke Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets Mill & Overlay Streets New Hope, Minnesota AET Report No. 28-01050B Dear Mr. Paschke: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our pavement engineering services for the referenced project in New Hope, M-inesota. These services were performed according to our proposal to you dated August 24, 2015. This report is for the roadways planned for mill & overlay. The results of testing of the reconstruction roadway have been forwarded separately. We are submitting this email copy of the report to you. Two paper copies will also be mailed. An email copy along is also being sent to Kellie Schlegel of Stantec. Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services. Sincerely, American Engineering Testing, Inc. Melanie Fiegen, P.E. Pavement Engineer II (651) 603-6618 mfiegengamenjztest.com Page i 550 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-90011 Toll Free 800-972-6364 Fax 651-659-1379 jwww.amengtest.com JAA/EEO This document shall not be reproduced, except in hall, without written approval from American Engineering Testing, Inc. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways October 20, 2015 AET Report No. 28-01050B SIGNATURE PAGE Prepared for: City of New Hope 5500 International Parkway New Hope, MN 55428 Attn: Mr. Bob Paschke Director of Public Works Report Authored By: Melanie Fiegen, P.E. Pavement Engineer II I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Date: Vo I S' License #: 16711 Copyright 2015 American Engineering Testing, Inc. All Rights Reserved Prepared by: AMERICAN ENGINEERING TES`1'ING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659-9001/www.amengtest.com Peer Review Conducted By: Chunhua Han, Ph.D., P.E. Principal Engineer, Geotechnical Division Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project. Page ii Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050B TESTING, INC. TABLE OF CONTENTS TransmittalLetter.................................................................................................................... Signature Page........................................................................................... ............................. TABLEOF CONTENTS........................................................................................................ 1.0 INTRODUCTION............................................................................................................ 2.0 SCOPE OF SERVICES................................................................................................ 3.0 PROJECT INFORMATION............................................................................................. 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING .................................. 4.1 Pavement Thickness Testing......................................................................................... 4.2 Subsurface Exploration.................................................................................................. 5.0 TEST RESULTS............................................................................................................... 5.1 Pavement Thickness...................................................................................................... 5.2 Subsurface Soils/Geology............................................................. ................................. 5.3 Ground Water............................................................................................................. 6.0 LIMITATIONS................................................................................................................. Figures la - 1b — Approximate Boring Locations Figures 2a - b — GPR Pavement Thickness STANDARD SHEET Bituminous Overlay Milling and Preparation APPENDIX A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Result Sheets APPENDIX B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs APPENDIX C Geotechnical Report Limitations and Guidelines for Use Page iii ....... ii ......iii 2 2 2 3 4 4 5 5 6 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 20, 2015 ENGINEERING Report No. 28-01050 TESTING, INC. 1.0 INTRODUCTION Improvements are proposed for several streets in the City of New Hope, Minnesota. Our report for 49th Avenue North, which is planned for total reconstruction, was forwarded separately (Report No. 28-01050A) dated October 15, 2015. This report concerns Quebec Avenue North and 54t'' Avenue North which are planned for mill and overlay. To assist planning and design, you have authorized American Engineering Testing, Inc. (AET) to conduct a GPR survey and subsurface exploration program at the sites, conduct soil laboratory testing, and perform a geotechnical and pavement engineering review for the project. 2.0 SCOPE OF SERVICES AET's services were performed according to our proposal to you dated August 24 which was authorized on September 9, 2015. The authorized scope consisted of the following: • Perform a Ground Penetrating Radar (GPR) survey of Quebec Avenue North • Drill and sample 7 direct push (Geoprobeo) borings to nominal depth of 4 feet in the roadways planned for mill & overlay. • Conduct laboratory gradation, organic and moisture content testing. • Prepare a data report showing the pavement and subsurface thickness data. After review of the GPR data at Quebec Avenue North and discussions with Stantec, an additional boring was added to further correlate the GPR data. Also, after our original proposal was accepted, 54th Street North was added to the project including GPR testing and three additional geoprobe borings. These services are intended for geotechnical purposes. The scope is not intended to explore for the presence or extent of environmental contamination. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050B TESTING, INC. 3.0 PROJECT INFORMATION The project consists of rehabilitation of Quebec Avenue North between Winnetka Avenue on the south and 49th Avenue on the north, and 54th Avenue North from Zealand Avenue on the west and Winnetka Avenue on the east. The tested roadways are illustrated in Figures la and lb. We understand the rehabilitation will take place at the same general grade and width as that which currently exists. The above stated information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether modifications to our recommendations are appropriate. 4.0 SUBSURFACE EXPLO..ATION AND PAVEMENT TESTING 4.1 Pavement Thickness Testing 4.1.1 GPR testing The pavement thickness testing program conducted for the project consisted of a high speed (air coupled) GPR antenna collecting the pavement thickness data at four scans per foot. The data was collected using a 2 GHz antenna, which allows material layer measurements at depths of 18 to 24 inches with a resolution less than about '/2 -inch. The test data and details of the methods used appear in Appendix A. The GPR data was collected on September 24 and October 16, 2015. Scans of the pavement were collected according to SIR -20 processor settings established by GSSI RoadScan system, approximately in the middle of the traveling lane and in two directions of travel. A calibration file, required for data post -processing, was collected prior to testing. Page 2 of 6 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050B TESTING, INC. The GPR interface identification was accomplished using RADAN 7.0, a proprietary software package included with the GSSI RoadScan system. The software includes tools to aid in delineating pavement layer transitions and automatically calculates the layer depths from the pavement surface using the calibration file(s) collected prior to testing. The identified layer was also compared to the boring data to validate the accuracy of the layer thicknesses. The total depth of pavement is not always explicitly clear. Where gaps in clear identification of pavement and base layer thicknesses are encountered, they are shown on the summaries. Factors influencing definition of radar scans include ambient electromagnetic interference, the presence of moisture, the presence of voids, and the similarity of material layer type between layers (gravel vs. gravelly sand). 4.1.2 Pavement Coring After a preliminary review of the GPR data, several locations were chosen which would augment the GPR data and further characterize the pavement condition. We obtained seven four -inch diameter cores with a diamond bit coring machine. The cores were returned to the laboratory for thickness measurement. The results are included in the boring logs. We also obtained photographs of each core, which are attached in Appendix B. 4.2 Subsurface Exploration For the tested roadways, the subsurface exploration program consisted of 11 direct push (Geoprobee) borings. The initial number, (seven at Quebec and three at 54th), and approximate locations were chosen by Stantec. The selected locations were adjusted and one additional location (G-8) was added by AET after review of the GPR data. The locations were marked in the field by AET prior to drilling. The final GPS coordinates are provided on the boring logs, and the approximate locations of the borings are illustrated on the attached Figures 1 a and 1 b. Page 3 of 6 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050B TESTING, INC. Subsurface boring logs and details of the drilling methods used appear in Appendix B. The logs contain information concerning soil layering, soil classification, geologic description. The laboratory test program consisted of several water content tests, three sieve analysis and three Atterburg Limits tests. The test results appear on the individual boring logs adjacent to the samples upon which they were performed. 5.0 TEST RESULTS 5.1 Pavement Thickness 5.1.1 GPR Results A summary of the GPR data for each roadway is attached in Appendix A. Table 5. Lb provides a statistical summary of the average and 15th percentile thicknesses of the surfacing layers determined from the GPR survey, as well as the coefficient of variation (CV) of the average thickness. 'igures 2a to 2b are attached at the end of this report and show the pavement surface thickness geographically. Table 5.1.b — Pavement Thickness Information - GPR Section GPR Thickness Information Bituminous Aggregate Base Avg, in. CV* 15th, in. Avg, in. CV* 15th, in. Quebec Ave 6.8 22% 5.1 9.2** 28% 6.7 54th Ave N 5.5 9% 5.1 Note: CV is the standard deviation divided by the mean, which provides a measurement of the amount of variation in a data set. The lower the value of CV, the more the overall data approximate to the mean. CV is also a useful statistic for comparing the degree of variation from one data set to another, even if the means are drastically different from each other. 15t" denotes the 15th percentile and the value that 85% of the pavement layer thickness is greater than, and, we generally recommend using for design purposes. *denotes the thickness of the base -like material could not be determined by the GPR data. The borings indicate the depth to the bottom of the base layer is below the limit of our GPR detection. "denotes the average thickness at the boring locations is greater than indicated in the GPR data due to depth to the bottom of the base layer in many areas is below the limit of our GPR detection. Page 4 of 6 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050B TESTING, INC. 5.1.2 Core — Geoprobe Results The pavement surfacing is bituminous at all the sampled locations. In general, base -like material consisting of sand with silt, and silty sand with varying amounts of gravel (classified as A -1-b) was found beneath the bituminous at each of the 11 locations. The bituminous thickness at the boring locations ranges from 4 inch to 7 inches and the average is 5.7 inches. For the aggregate base -like material, the thickness ranges from 6 inches to 20 inches and averages 12.6 inches. Please review the boring logs for specific information. 5.2 Subsurface Soils/Geology Below the aggregate base material, the borings encountered predominantly fill and till soils. The material was classified as A-6 at eight locations and a combination of A-2-6 and A-6 at three locations. Please review the boring logs for specific information. 5.3 Ground Water No ground water was encountered in the shallow direct push borings. Ground water levels fluctuate due to varying seasonal and annual rainfall and snow melt amounts, as well as other factors. 5.4 Discussions The pavement material conditions below the mill depth, as shown by core photos, should be considered to evaluate the stability of the kept -in-place asphalt pavement. We have attached our standard recommendations entitled "Bituminous Overlay Milling and Preparation." The surface preparation should be dictated by the distresses that are prevalent in the existing pavement. Page 5 of 6 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets, Mill & Overlay Roadways AMERICAN October 20, 2015 ENGINEERING AET Report No. 28-01050E TESTING, INC. 6.0 LIMITATIONS Within the limitations of scope, budget, and schedule, our services have been conducted according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, express or implied, is intended. Important information regarding risk management and proper use of this report is given in Appendix C entitled "Geotechnical Report Limitations and Guidelines for Use." Page 6 of 6 axt, _f 'A ;T Palk r O 'W.• .P'1, 0 y r Z ` 40 NASA, N6, USG'S �' t.► ' .p"101 - di y vurce: USG5 kirbus-DS, USDA, USG'S;,X, Get�appinq, A"�rogri IGN,YIGP; swisStoQv, a, C OpenStr`eetMap con -ibutors;--an.d-t-he_GlS user.community#i4 .1 r .MP - IIILLL ' . 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G = 'c )if'r:�,rJ�p` - t - • � � Z r PROJECT AET NO. 2016 Street Improvements, New Hope, Minnesota 28-01050B AMERICAN ENGINEERING SUBJECT DATE TESTING, INC. 54th Avenue North GPR Data October 20, 2015 SCALE DRAWN BY CHECKED BY See mau I MR FIGURE 2b Page 1 of 2 BITUMINOUS OVERLAY MILLING AND PREPARTION COLD MILLING OPERATION Cold milling is generally conducted longitudinally along the pavement profile. The forward speed of the machine, rotational velocity of the rotating drum, spacing of the carbide bits, and grade control of the cutting head should be closely controlled to produce a uniform texture throughout the project. The longitudinal profile should be held as close as practical to the same tolerance as new construction, since the milled profile will have a significant impact upon the ride of the overlaid pavement, especially when only a single lift of overlay is placed. Normally, the recommended milling depth corresponds to the lift thickness of the original pavement. It is best to remove the entire layer as the bottom of the lift is typically where bonding and stripping issues occur. The depth of milling may require adjustment in the field to ensure that a full layer is removed and that portions of a layer are not left bonded to the underlying surface. Additionally, if there is a large amount of stripping present, the milling depth should be sufficiently deep to remove the stripped areas. This depth is typically determined by coring adjacent to cracks and looking at both the layer thickness and any evidence of stripping. The milling depth can be adjusted to remove areas with significant stripping present, or if the stripping is limited only to a few transverse cracks, a smaller milling machine can be brought in the remove additional material in these areas. Patching can be performed after the milling operation for cases where a minimal amount of stripping is present or in the areas where cracks are milled deeper than the remaining roadway. Please note that the milling depth should also take into consideration the original pavement depth that will remain after the milling operation. It is likely that the milling machine will break through the underlying pavement if there will be less than 1.5 inches of the original pavement remaining, thereby causing problems with the milling operation and overlay. PRE -OVERLAY PREPARATION It is recommended that a tack coat is applied between all bituminous layers and prior to placing any bituminous mixtures on the milled surface. The bituminous tack coat material should be applied at a uniform rate of 0.03 to 0.05 gal/yd2 between bituminous layers and 0.07 to 0.10 gal/yd2 on the milled bituminous surface prior to being overlaid. The application rates are for undiluted emulsions (as supplied from the refinery) or MC and RC liquid asphalts. The asphalt emulsion may be further diluted in the field in accordance with Mn/DOT Spec. 2357. Prior to overlaying, it is recommended that deteriorated cracks and wheel -path areas are air blasted and power swept to remove loose material. Air blasting should be completed with high pressure (minimum of 100 psi) equipment. Removal of material at some deteriorated locations may require the use of a small milling machine or handwork, in addition to the high pressure air blasting. Regardless of the patch depth, it is important to remove the entire existing deteriorated pavement. Depressions resulting after air blasting, sweeping, or milling operations that are greater than 1.5 inches in depth and width should be filled with a Bituminous Patching Mixture meeting Mn/DOT Spec. 2231 and compacted with a small vibratory or pneumatic roller. Depressions equal to or less than 1.5 inches in depth and width can be filled with the bituminous wear course mixture. Consideration should be given to allow traffic to drive over deteriorated joints/cracks, after backfilling (if there are a large number of these distressed locations) with the recommended bituminous mixtures and proper compaction, for a period of seven days prior to placement of the wear course mixture. The proposed seven-day delay period will permit traffic to apply additional compaction to the joint/crack backfill. If further compaction is not deemed necessary, then patching of depressions greater than 1.5 inches in depth and width can be completed ahead of the paver and compacted with a small vibratory or pneumatic roller. As previously stated, the smaller depressions will be filled in by the wearing course paving operations. If the pavement surface, after milling, is lower than the adjacent shoulders, the contractor (as directed by the Engineer), should construct outlet trenches and take other measures necessary to provide adequate surface drainage for the milled areas. It is recommended that a notch at least 1 inch deep be milled to allow the placement of 1 inch minimum bituminous wearing course at the ends of transitions. OIREP020 (07/08) AMERICAN ENGINEERING TESTING, INC. Page 2 of 2 BITUMINOUS OVERLAY MILLING AND PREPARTION Please note that as this will be a bonded overlay (i.e., bonded to the milled surface), the amount of pre -overlay repair that must be performed on an existing pavement is critical to the performance of the overlay. Similarly, reflection crack control measures must be applied to these overlays, such as the selection of bituminous mixture and PG binder type. Depending upon the frequency of existing transverse cracks it may be prudent to select a bituminous mixture and PG binder that will crack at the existing frequency but be more resistant to degradation from environmental effects such as moisture. Other considerations include subdrainage, traffic, pavement widening, and shoulders. As a general rule, all the distress types in an existing pavement that are likely to affect the performance of an overlay within a few years should be repaired. The designer should also consider the tradeoffs between pre -overlay repair and the thickness and type of overlay selected. For instance, if the existing pavement is severely deteriorated, an overlay type that is less sensitive to existing pavement conditions may be more cost effective without extensive pre -overlay repair. BITUMINOUS PLACEMENT The bituminous mixture should meet the most current Mn/DOT Spec. 2360 (Plant -Mixed Asphalt Pavement: Combined 2360/2360 Gyratory/Marshall Design Specification) requirements. Compaction of all bituminous mixtures should be by the "Maximum Density Method". 01REP020 (07/08) AMERICAN ENGINEERING TESTING, INC. Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets October 20, 2015 AMERICAN ENGINEERING Report No. 28-01050 TESTTNG, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Results Sheets Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01050 A.1 FIELD EXPLORATION The pavement structural conditions at the site were evaluated nondestructively using Ground Penetrating Radar (GPR). The description of the equipment precedes the GPR Data and Analysis Results in this appendix. A.2 EQUIPMENT DESCRIPTION A.2.1 GSSI GPR Test System The GPR test system owned by AET is a GSSI Roadscan System that consists of a bumper -mounted, 2 GHz air - coupled antenna and a SIR -20 control and data acquisition processor, featuring dual channels. The GPR processor, including a SIR -20 data acquisition system, wheel -mounted DMT (Distance Measuring Instrument), and a tough book with the SIR -20 Field Program constitutes the newest, most sophisticated GSSI Test System, which fulfills or exceeds all requirements to meet ASTM4748, ASTM D-6087 Standards. Figure C1 provides a view of this equipment. Figure B1 GSSI 2 GHz air -coupled GPR Test System The GPR antenna emits a high frequency electromagnetic wave into the material under investigation. The reflected energy caused by changes in the electromagnetic properties within the material is detected by a receiver antenna and recorded for subsequent analysis. The 2 GHz air -coupled GPR is capable of collecting radar waveforms at more than 1.00 signals per second, allows for data to be collected at driving speeds along the longitudinal dimension of the pavements or bridge decks with the antennas fixed at the rear or in front of the vehicle. The antenna used for Roadscan is the Horn antenna Model 4105 (2 GHz). The 2 GHz antenna is the current antenna of choice for road survey because it combines excellent resolution with reasonable depth penetration (18-24 inches in pavement materials). The data collection is performed at normal driving speeds (45-55 mph), requiring no lane closures nor causing traffic congestion. At this peed the 2 GHz antenna is capable of collecting data at 1 -foot interval (1 scan/foot), The data were collected at a rate of about 1 vertical scans per foot. Each vertical scan consisted of 512 samples and the record length in time of each scan was 12 nanoseconds. Filters used during acquisition were 300 MHz high pass and 5,000 MHz low pass. In a GPR test, the antenna is moved continuously across the test surface and the control unit collects data at a specified distance increment. In this way, the data collection rate is independent of the scan rate. Alternatively, scanning can be performed at a constant rate of time, regardless of the scan distance. Single point scans can be performed as well. Data is reviewed on-screen and in the field to identify reflections and ensure proper data collection parameters. Field testing is performed. in accordance with the standard ASTM procedures as described in ASTM D 4695-96, "Standard Guide for General Pavement Deflection Measurements". A.2.2 System Calibrations Horn antenna processing is used to get the velocity of the radar energy in the material by comparing the reflection strengths (amplitudes) from a pavement layer interface with a perfect reflector (a metal plate). The calibration scan is obtained with the horn antenna placed over a metal plate at the same elevation as a scan obtained over pavement. Appendix A Page 1 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01050 The same setting for data collection is used for metal plate calibration. Fifteen seconds are need for jumping up and down on the vehicle's bumper to collect the full range of motion for the vehicle's shocks. The filename of raw calibration file is recorded. Survey wheel is calibrated by laying out a long distance (> 50 feet) with tape measure. A.2.3 Linear Distance and Spatial Reference System Distance measuring instrument (DMI) is a trailer mounted two phase encoder system. When DMI is connected to the SIR -20 it provides for automatic display and recording distance information in both English and metric units with a 1 foot (0.3 meters) resolution and four percent accuracy when calibrated using provided procedure in the Field Program. Spatial reference system is a Trimble ProXH Global Positioning System (GPS) that consists of fully integrated receiver, antenna and battery unit with Trimble's new H-StarTM technology to provide subfoot (30 cm) post processed accuracy. The External Patch antenna is added to the ProXH receiver for the position of the loading plate. The External Patch antenna can be conveniently elevated with the optional baseball cap to prevent any signal blockage. A.2.4 Camera Monitoring System A battery operated independent DC -1908E multi -functional digital camera with a SD card is used for easy positioning of the loading plate or of the pavement surface condition at the testing locations. A.3 SAMPLING METHODS At the project level, the testing interval is set at 12 scans per foot in the Outside Wheel Path (OWP) = 2.5 ft t 0.25 ft (0.76 in f 0.08 m) for nominal 12 ft (3.7 m) wide lanes at a survey speed of approximately 10 mph. Where a divided roadbed exists, surveys will be taken in both directions if the project will include improvements in both directions. If there is more than one lane in one direction the surveys will be taken in the outer driving lane (truck lane) versus the passing lane of the highway. GPR tests are performed at a constant lateral offset down the test section. When GPR tests are performed on bridge decks, multiple survey lines are followed transversely at 2 -foot spacing between survey lines. At the network level, GPR tests on one scan per foot are set to be able to collect data on pavements at driving speeds, without statistically compromising the quality of the data collected. If GPR tests are for the in situ characterization of material GPR data will be collected at two scan per foot at slower driving speeds. AA QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) Beside the daily metal plate calibration the DMI is also calibrated monthly by driving the vehicle over a known distance to calculate the distance scale factor. The GPR will be monitored in real time in the data collection vehicle to minimize data errors. The GPR units will be identified with a unique number and that number will accompany all data reported from that unit as required in the QC/QA plan. Scheduled preventive maintenance ensures proper equipment operation and helps identify potential problems that can be corrected to avoid poor quality or missing data that results if the equipment malfunctions while on site. The routine and major maintenance procedures established by the LTPP are adopted and any maintenance has been done at the end of the day after the testing is complete and become part of the routine performed at the end of each test/travel day and on days when no other work is scheduled. To insure quality data, the GPR assessments took place on generally dry pavement surfaces, and data was collected in each wheel path. Appendix A - Page 2 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01050 A.5 DATA ANALYSIS METHODS A.5.1 Data Editing Field acquisition is seldom so routine that no errors, omissions or data redundancy occur. Data editing encompasses issues such as data re -organization, data file merging, data header or background information updates, repositioning and inclusion of elevation information with the data. A.5.2 Basic Processing Basic data processing addresses some of the fundamental manipulations applied to data to make a more acceptable product for initial interpretation and data evaluation. In most instances this type of processing is already applied in real-time to generate the real-time display. The advantage of post survey processing is that the basic processing can be done more systematically and non -causal operators to remove or enhance certain features can be applied. The Reflection Picking procedure is used to eliminate unwanted noise, detects significant reflections, and records the corresponding time and depth. It uses antenna calibration file data to calculate the radar signal velocity within the pavement. A.5.3 Advance Processing Advanced data processing addresses the types of processing which require a certain amount of operator bias to be applied and which will result in data which are significantly different from the raw information which were input to the processing. A.5.4 Data Interpretation The EZ Tracker Layer Interpretation procedure uses the output from the first step to map structural layers and calculate the corresponding velocities and depths. A.6 TEST LIMITATIONS A.6.1 Test Methods The data derived through the testing program have been used to develop our opinions about the pavement conditions at your site. However, because no testing program can reveal totally what is in the subsurface, conditions between test locations and at other times, may differ from conditions described in this report. The testing we conducted identified pavement conditions only at those points where we measured pavement thicknesses and observed pavement surface conditions. Depending on the sampling methods and sampling frequency, every location may not be tested, and some anomalies which are present in the pavement may not be noted on the testing results. If conditions encountered during construction differ from those indicated by our testing, it may be necessary to alter our conclusions and recommendations, or to modify construction procedures, and the cost of construction may be affected. A.6.2 Test Standards Pavement testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. A.7 SUPPORTING TEST METHODS Soil Boring/Coring Field Exploration If both pavement thicknesses and subgrade soil types and conditions are desired the shallow coring/boring and sampling is used. The limited number of coringiboring is necessary to verify the GPR layer thickness data. Appendix A - Page 3 of 3 AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF GROUND PENETRATING RADAR PROJECT NEW HOPE 2816 Test Date Date PROJECT NO. 28-010508 9/16115 10/19/15 SECTION 1 ROAD Quebec Ave N TERMINI 49th Ave N to Winnetka Ave N SUMMARY STATISTICS NB SB Average CV 15th Min. .Avera a GV 15th Min. AC 6.9 Units: inches 4.3 6.8 22% 5.0 4.0 Base 9,1 31%5.9 2.1 9:4 24% 7.2 3.8 Layer NB SB Average CV 15th Min. .Avera a GV 15th Min. AC 6.9 23% 5.1 4.3 6.8 22% 5.0 4.0 Base 9,1 31%5.9 2.1 9:4 24% 7.2 3.8 0.0 0.0 -3.0 Ci -6.0 ..r -9.0 A -12.0 cs. a� -15.0 -18.0 21.0 - Ground Penetrating Radar Pavement Thickness Survey GPR Distance (mi.) 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 1.1 1.2 1.3 NB AC ------- SB AC NB Base - - - - SB Base American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF GROUND PENETRATING RADAR PROJECT NEW HOPE 2416 Test Date Date PROJECT NO. 28-010508 10/12/15 SECTION 1 ROAD 54th Ave N TERMINI Zealand Ave N to Winnetka Ave N SUMMARY STATISTICS Units: inches Layer EB WB Average CV 15th I Min. Average CV 15th Min. AC 5.5 9% 1 5.1 1 3.9 5.4 9% 1 5.0 4.4 Base lbase layer encountered in the borings, but below the depth of our GPR detectio Ground Penetrating Radar Pavement Thickness Survey GPR Distance (mi.) 0.0 0.1 0.2 0.3 0.4 0.0 -3.0 -6.0 a -9.0 =-12.0 -15.0 -18.0 -21.0 EB AC ------- WB AC Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 20, 2015 ENGINEERING Report No. 28-01050 TESTING, INC. Appendix B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01050 B.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling 11 direct push test borings. The locations of the borings and cores appear on the Figures 1 a and 1 b at the end of the report. B.2 SAMPLING METHODS B.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split -spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2 -inch O.D. split -barrel sampler into the in-situ soil with a 140 -pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N -value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N -value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N -values than the traditional N60 values. By using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100%. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140 -pound weight falling 30 inches. The current ASTM procedure acknowledges the wide variation in N -values, stating that N -values of 100% or more have been observed. Although we have not yet determined the statistical measurement uncertainty of our calibrated method to October 11, 2011, we can state that the accuracy deviation of the N -values using this method is significantly better than the standard ASTM Method. B.2.2 Disturbed Samples (DS)/Spin-up Samples (SU) Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. B.2.3 Direct Push Samples (DP) Sample types described as "DP' on the boring logs are continuous core samples collected by the direct push method. The method consists of a 2.125 OD outer casing with an inner 1.5 inch ID plastic tube driven continuously into the ground. B.2.4 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual -manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. B.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual -manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. Appendix B - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01050 Visual -manual judgment of the AASHTO Soil Group is also noted as a part of the soil description. A chart presenting details of the AASHTO Soil Classification System is also attached. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. B.4 WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring logs. The following information appears under "Water Level Measurements" on the logs: • October 11, 2011 and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement • Casing Depth: depth to bottom of casing or hollow -stem auger at time of measurement • Cave-in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered • Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the water table at the boring locations may be different than the water levels measured in the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. B.5 LABORATORY TEST METHODS B.5.1 Water Content Tests Conducted per AET Procedure 01 -LAB -010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265. B.5.2 Atterberg Limits Tests Conducted per AET Procedure 01 -LAB -030, which is performed in general accordance with ASTM: D4318 and AASHTO: T89, T90. B.5.3 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 0I -LAB -040, which is performed in general conformance with ASTM: D6913, Method A. B.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. B.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix B - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS Symbol Definition AR: Sample of material obtained from cuttings blown out the top of the borehole during air rotary procedure. B, H, N: Size of flush joint casing CAS: Pipe casing, number indicates nominal diameter in inches COT: Clean-out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights DP: Direct push drilling; a 2.125 inch OD outer casing with an inner lI/2 inch ID plastic tube is driven continuously into the ground. FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; riumber indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N -value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel . RDA: Rotary drilling with compressed air and roller or drag bit. RDF: Rotary drilling with drilling fluid and roller or drag bit REC: In split -spoon (see notes), direct push and thin-walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. SS: Standard split -spoon sampler (steel; 1.5" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thin walledtube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling' through drilling fluid WH: Sampler advanced by static weight of drill rod and hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel V : Water level directly measured in boring V: Estimated water level based solely on sample appearance 11 TEST SYMBOLS Symbol Definition CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: , Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) q,: Static cone bearing pressure, tsf q,,: Unconfined compressive strength, psf R: Electrical Resistivity, ohm cros RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight %-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES (Calibrated Hammer Weight) The standard penetration test consists of driving a split -spoon sampler with a drop hammer (calibrated weight varies to provide N60 values) and counting the dumber of blows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D 1586, the blows for each complete 6" increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0. F below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N -value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the . entire sampler drive (which may even extend more than 18"). 01REP052C (7/11) AMERICAN ENGINEERING TESTING, INC. UN + +D SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2407, D2488 Criteria for Assigning Group Symbols and Group Names Using Laboratory Test5A Coarse -Grained Gravels More Clean Gravels Gu>4 and 1<Cc<3 Soils More than 50% coarse Less than 5% ian 50% fraction retained finesc Cu<4 and/or 1>Cc>3 ;twined on on No. 4 sieve Soil Classification Group Group Name GP .do. 200 sieve Gravels with Fines classify as ML or MH GM Silty gravel" than 50 Fines more / sieve Term N -Value, BPF ee Plasticity than 12% fines c Fines classify as CL or CH GC Clayey grave Sands 50% or Clean Sands Cu>6 and I <Cc<35 SW Well -graded! more of coarse Less than 5% Horizontal at PI -4 to LL=25.51 Loose 5-10 Gravel fraction passes fines Cu<6 and/or 1>Cc>3 SP Poorly -grade( No. 4 sieve #200 to #4 sieve Stiff 9-15 Dense 31-50 Sands with Flues classify as ML or MH SM Silty sand Very Dense Greater than 50 Fines more Equatiaa of "U"-line1 I=7 Vertical at LL=IE to I/,/,/, Hard Greater than 30 Moishu'JFrost Condition Layering Notes PeatDescriotion Fine-Gramed Silts and Clays oils 50% or Liquid limit less foie passes than 50 ne No. 200 / sieve Term N -Value, BPF ee Plasticity Term Perceai :hart below) Salts, Liquid limit 50 - or more righly organic oil PI>7 and "A> mer PI<4 ori "A" line S CL 01 1-11 SC Clayey Sana on or above CL Lean clay—, organic Licuid limit -oven dried <0.75 Liquid limit -not dried inorganic PI plots on or above "A" line PI plots below "A" line P a PARTICLE SIZE IN MILLIMETERS ➢m ams Divx Cb a.ai�xt9- Organic silt"J 6 O Liquid lmzit--oven dried <0.75 OH Organic clay-- Liquid lay"'—Liquid limit- not dried Organic siltx r.,en Q Primarily organic matter, dark PT in color, and organic in odor I LIQUID LIMIT (LL) Plasticity Chart AMMCAIN ENGINEERING TESTING, INC. Notes -Based on the material passing the 3 -in 75 -mm) sieve. - field sample contained cobbles or bouideis, orboth, add "with cobbles or boulders, orboth to group name. cGravels with 5 to 12% flues require dual Symbols: GW -GM well -graded gravel with silt GW. -GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay DSands with 5 to 12% fines require dual symbols: SW -SM well -graded sand with sift SW -SC well -graded sand with clay SP -SM poorly graded sand with silt SP -SC poorly graded sand with clay (Dso)2 ECu=Ile, /Diq Cc= Dio x Dso rTf soil contains >15% sand, add "with sand" to group name. Off fines classify as CL ML, use dual 27bol G( -'GK or SC -SM - If fines are organic, add "with organic fines" to group name. rN soil contains >15% gravel, add "with gavel to group name. If Atterberg limits plot is hatched area, soils is a CL—ML—silty clay. Klfsoil contains 15 to 29% plus No. 200 add `with sand" or `with gravel", whichever is Fredominalrt. "If soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name. °4 f soil contain >30% plus No. 200, predominantly gravel, add "gravelly" to group name. NPl>4 and plots on or above "A" fine. oPI•<4 or plots below "A" line. PPI plots on or above "A" line. ' IQPl plots below "A line. RFiber Content description shown below. ADDITIONAL TEPMNOLOGYNOTES USED BY AFT FOR SOIL 1DENTIFFCA1I0N AND DESCRIPTION Grain Size Gravel Perceataees Consistencv of PIastic Soils For classification of fine- rained / N -Value. BPF Term N -Value, BPF Term Particle Size Term Perceai fine-gro.9d tract for .vorse-grained I Salts, A Little Gravel . 3%-14% Very Soft less than 2 Very Loose 0-4 Cobbles 3". to 12° With Gravel 15%-29% Equation of A-line Horizontal at PI -4 to LL=25.51 Loose 5-10 Gravel 44 sieve to 3" Gravelly 30%-50% Firm 5 - 8 . than PI'0,73 (LL -20) Sand #200 to #4 sieve Stiff 9-15 Dense 31-50 Fines (silt & clay) Pass #200 sieve Very Stiff 16-30 Very Dense Greater than 50 Equatiaa of "U"-line1 I=7 Vertical at LL=IE to I/,/,/, Hard Greater than 30 Moishu'JFrost Condition Layering Notes PeatDescriotion !,/ then (LL -8) / G (MC Column) D (Dry): Absense of moisture, dusty, dry to Laminations: Layers less than Fiber Content and is judged to have sufficiem organic fines touch ''/Z' thick of Team (Visual Estimate) E M (Moist): Damp, although free water not �,� �� g SZfQIttIV GP?RFlLC used for borderline cases. visible. Soil may still have ahigh Root Inclusions water contentover "optimum"). ( or color. Fibric Peat Greater than 67% With roots: J udged to have sufficient quantity / �• Hemic Peat !yV! , OR UH i describe non Iritic sorts. p Lenses: Pockets or layers Sapric Peat: Less than 33% properties. Waterbearing usually relates to greater than % Trace roots: Small roots present but not judged sands and sand with silt thick of differing to be in sufficient quantity to F (Frozen): Soil frozen . material or color. rviL-7- significantly affect soil properties. I IICLS021 (07/O8) AMERICAN ENGINEERING TESTING, INC. LIQUID LIMIT (LL) Plasticity Chart AMMCAIN ENGINEERING TESTING, INC. Notes -Based on the material passing the 3 -in 75 -mm) sieve. - field sample contained cobbles or bouideis, orboth, add "with cobbles or boulders, orboth to group name. cGravels with 5 to 12% flues require dual Symbols: GW -GM well -graded gravel with silt GW. -GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay DSands with 5 to 12% fines require dual symbols: SW -SM well -graded sand with sift SW -SC well -graded sand with clay SP -SM poorly graded sand with silt SP -SC poorly graded sand with clay (Dso)2 ECu=Ile, /Diq Cc= Dio x Dso rTf soil contains >15% sand, add "with sand" to group name. Off fines classify as CL ML, use dual 27bol G( -'GK or SC -SM - If fines are organic, add "with organic fines" to group name. rN soil contains >15% gravel, add "with gavel to group name. If Atterberg limits plot is hatched area, soils is a CL—ML—silty clay. Klfsoil contains 15 to 29% plus No. 200 add `with sand" or `with gravel", whichever is Fredominalrt. "If soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name. °4 f soil contain >30% plus No. 200, predominantly gravel, add "gravelly" to group name. NPl>4 and plots on or above "A" fine. oPI•<4 or plots below "A" line. PPI plots on or above "A" line. ' IQPl plots below "A line. RFiber Content description shown below. ADDITIONAL TEPMNOLOGYNOTES USED BY AFT FOR SOIL 1DENTIFFCA1I0N AND DESCRIPTION Grain Size Gravel Perceataees Consistencv of PIastic Soils Relative Density of Norl,-Plastio Soils Term N -Value. BPF Term N -Value, BPF Term Particle Size Term Perceai Boulders Over 12" A Little Gravel . 3%-14% Very Soft less than 2 Very Loose 0-4 Cobbles 3". to 12° With Gravel 15%-29% Soft 2 - 4 Loose 5-10 Gravel 44 sieve to 3" Gravelly 30%-50% Firm 5 - 8 . Medium Dense 11-30 Sand #200 to #4 sieve Stiff 9-15 Dense 31-50 Fines (silt & clay) Pass #200 sieve Very Stiff 16-30 Very Dense Greater than 50 Hard Greater than 30 Moishu'JFrost Condition Layering Notes PeatDescriotion Oreanic Description (if no lab tests) Soils are described as oTgLt7I1C• if soil is not peat (MC Column) D (Dry): Absense of moisture, dusty, dry to Laminations: Layers less than Fiber Content and is judged to have sufficiem organic fines touch ''/Z' thick of Team (Visual Estimate) content to influence the Liquid Limit properties. M (Moist): Damp, although free water not �,� �� g SZfQIttIV GP?RFlLC used for borderline cases. visible. Soil may still have ahigh Root Inclusions water contentover "optimum"). ( or color. 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L -H Z -b' L -'d (ana!s 00Z '0N 6u!ssed 6/a9£ uegl ajoW) (ana!s OOZ 'ON Bulssed ssal jo %9C) uoge3y!sse!0 leJauaE) s!eueieyq AelO-ll!S �elnue� s!eualeW � sajnlx!W ale6aj66y-poS pue sl!oS 10 uogeoy!sselo STd101ddO NOUV1b0dSW61 dNd kVAAHJIH 31d1S d0 N0I1dI003S'd NVO11i3VYV A31SAS NOUVOIJISSWIC) IIOS O1HS` V PROJECT New Hope 2016 MSA Street Improvements ANTERCAN SUBJECT Core Photos — Quebec Ave N ENGINEERING SCALE DRAWN BY TESTING INC. As Shown I MF AET NO. 28-01050 DATE 10/13/2015 FIGURE C-1 ROP Quebec Ave Core C-4 rue7becAve Core G-8 PROJECT New Hope 2016 MSA Street Improvements AET NO. 28-01050 —� SUBJECT Core Photos — Quebec Ave N DATE AMERCAN 10/13/2015 ENGINEERING TESTING INC. SCALE DRAWN B As Shown MF FIGURE C-2 r AMERCAN ENGINEERING TESTING INC. PROJECT SUBJECT SCALE As Shown New Hope 2016 MSA Street Improvements Core Photos — 54t` Ave N DRAWN BY MF AET NO. 28-01050 DATE 10/13/2015 FIGURE C-3 AMER+CAN ENGINEERING TESTING INC. PROJECT 4 New Hope 2016 MSA Street Improvements AET NO. 28-01050 SUBJECT Core Photos- 54t11 Ave N DATE 10/13/2015 SCALE As Shown DRAWN BY MF FIGURE C-4 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-1 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.028100 LONGITUDE: -93.379448 DEPTH IN MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL 6420 FEET TYPE IN. 5.5" Bituminous pavement FILL CORE 9 6 6.5" FILL, mostly gravel sand with silt, pieces of I bituminous and concrete, dark brown (A -1-b) TILL 32 15 SANDY LEAN CLAY, brown (CL) (A-6) 2 (possibly fill) DP 45 16 3 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8 Direct Push DATE TIME SSD DEPTH ING -DEPTH DRILLING FLUID LEVEL EVEL L THE ATTACHED SHEETS FOR AN EXPLANATION OF COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 ' AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-2 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.029344 LONGITUDE: -93.376474 DEPTH IN MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE TYPE REC IN. FIELD & LABORATORY TESTS WC DEN LL PL o-#20 1 2 3 5.75" Bituminous pavement FILL DP 45 3" FILL, reclaimed or deteriorated bituminous 6" FILL, mostly gravelly sand with silt, pieces of bituminous and concrete, dark brown (A -1-b) SANDY LEAN CLAY, brown (CL) (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8 Direct Push DATE TIME SAMPLED DEPTH ING DEPTH FLUID LEVEL LEVEL T ATTACHED SHEETS FOR AN EXPLANATION OF BORING COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-U1iR-U6U AMERICAN ENGINEERING SUBSURFACE BORING LOG _ TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-3 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE; 45.031164 LONGITUDE: -93.376484 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION I GEOLOGY N MC �,pE IN FEET WC DEN LL PL o-#20 5.25" Bituminous pavement FILL CORE 8" FILL, sand with gravel, brown (A -I -b) 1 LEAN CLAY, brown (CL) (A-6) FINE ALLUVIUM25 35 21 SANDY LEAN CLAY, brown (CL) (A-6) TILL 2 DP 27 3 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF BRINCOMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R I I I I I I THIS LOG Lu j 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-4 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.034313 LONGITUDE: -93.376668 DEPTH IN FEET MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE TYPE REC IN. FIELD & LABORATORY TESTS WC DEN LL PL o-#20 I 2 3 6.25" Bituminous pavement FILL CORE DP 44 10 2.5" FILL, reclaimed or deteriorated bituminous 3.5" FILL, mostly gravelly sand with silt, brown (A -1-b) FILL, mixture of sandy lean clay and clayey sand, a little gravel, brown and dark brown (A -6/A-2-6) TILL SANDY LEAN CLAY, brown (CL) (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO Direct Push DATE TIME S D TDPH ETCVEL0-3.8 EPTH FLUID LEVEL LE TE ATTACHED SHEETS FOR AN EXPLANATION OF BRING COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 UI-L)HK-U6U jQ AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-5 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.037192 LONGITUDE: -93.376537 DEPTH MP SAMPLE REC E FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. FEET WC DEN LL PL o-#20 4" Bituminous pavement FILL 4.5" FILL, reclaimed or deteriorated bituminous I 4 10 2.5" FILL, silty sand, a little gravel, pieces of bituminous, black and dark brown (A -1-b) 2 DP 40 FILL, sand with silt and gravel, brown (A -1-b) TILL SANDY LEAN CLAY, brown (CL) (A-6) 3 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO Direct Push DATE TIME SAMPLED H CSING EPTTH ETH DPSEELEEL0-3.$ FLLVL V _ THE ATTACHED SHEETS FOR AN EXPLANATION OF BORINCOMPTED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-6 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.039038 LONGITUDE: -93.376656 DEPTH IN FEET MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE TYPE REC IN. FIELD & LABORATORY TESTS WC DEN LL PL u-#20 I 2 3 6" Bituminous pavement FILL DP 44 3.5" FILL, reclaimed or deteriorated bituminous 16" FILL, mostly gravelly sand with silt, brown SANDY LEAN CLAY, brown (CL/SC) (A-6) TILL END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8 Direct Push DATE TIME SSD CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATE LEVELTHE ATTACHED SHEETS FOR AN EXPLANATION OF -BORING COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 c c c a 3 IL M c LLLL AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-7 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.041295 LONGITUDE: -93.375827 DEPTH IN FEET MATERIAL DESCRIPTION GEOLOGY N MC SAMPLE TYPE REC IN. FIELD & LABORATORY TESTS WC DEN LL PL 6420 1 2 3 7" Bituminous pavement FILL DP 40 4 10 25 13 9 1.5" FILL, reclaimed or deteriorated bituminous 13.5" FILL, sand with gravel, brown (A -I -b) SANDY LEAN CLAY, brown (CL) (A-6) TILL END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8 Direct Push DATE TIME SAMPLED TDPTH ECLEL DEPTH FLUID VEL LVE THE ATTACHED SHEETS FOR AN EXPLANATION OF COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-0160 AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET JOB NO: 28-01050 LOG OF BORING NO. G-8 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.042818 LONGITUDE: -93.375169 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IIJ' FEET WC DEN LL PL o-#20 6.5" Bituminous pavement FILL CORE 1" FILL, reclaimed or deteriorated bituminous I 12" FILL, mostly sand with silt and gravel, brown (A -1-b) 2FILL, TILL DP 37 mostly sandy lean clay and lean clay, brown and gray (A-6) —j SANDY LEAN CLAY, dark brown to brown 3 (CL) (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO Direct Push DATE TIME SAMPLED TDETH CASING CAVE-IN DET FLU DRILLING L THE ATTACHED SHEETS FOR AN EXPLANATION OF COMPLETED: 9/25/15 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET JOB NO: 28-01050 LOG OF BORING NO. G-9 (p. 1 of 1) PROJECT: New Hope 2016 MSA Streets; New Hope, MN SURFACE ELEVATION: LATITUDE: 45.05103 LONGITUDE: -93.38761 DEPTH SAMPLE REC FIELD & LABORATORY TESTS IN MATERIAL DESCRIPTION GEOLOGY N MC TYPE IN. FEET WC DEN I LL I PL o-#20 5.25" Bituminous pavement FILL CORE 16" FILL, sand with silt and gravel, pieces of I bituminous, brown (A -1-b) 2 DP 45 FILL, mostly clayey sand, some silty sand, a little gravel, brown and dark brown (A -6/A-2-6) 3 FILL, lean clay with sand, a little gravel, brown (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED SHEETS FOR AN 0-3.8 Direct Push DATE TIME SAMPLED DEPTH DEP H FLUID LEVEL LEVEL _ _ EXPLANATION OF BORING COMPLETED: 10/9/15 TERMINOLOGY ON DR: TK LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 Report of Geotechnical and Pavement Engineering Services 2016 New Hope Streets AMERICAN October 20, 2015 ENGINEERING Report No. 28-01050 TESTING, INC. Appendix C Geotechnical Report Limitations and Guidelines for Use J. 0 Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01050 CA REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE', of which, we are a member firm. C.2 RISK MANAGEMENT INFORMATION C.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. C.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. C.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. C.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. 1 ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733: www.asfe.org Appendix C —Page 1 of 2 AMERICAN ENGINEERING TESTING, INC Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01050 C.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. C.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. C.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. C.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognizes that separating logs from the report can elevate risk. C.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. C.2.10 Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. C.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironmental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix C — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC Stantec BIDDER: DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. 2 2016 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA 2016 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the p6ce(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 0041 10-1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 REMOVE WATER MAIN 5 REMOVE SEWER PIPE (SANITARY) LS 1 $ TREE 42 $ TREE 42 $ LF 3130 $ LF 380 $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 21RI REVISED BID FORM No. Item Units Qty Unit Price Total Price 6 REMOVE SEWER PIPE (STORM) LF 2850 $ $ 7 REMOVE WATER SERVICE PIPE LF 600 $ $ 8 REMOVE SANITARY SERVICE PIPE LF 200 $ $ 9 REMOVE CURB & GUTTER LF 6350 $ $ 10 REMOVE CONCRETE PAVEMENT SY 110 $ $ 11 REMOVE BITUMINOUS PAVEMENT SY 10605$ $ 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 180 $ $ 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 355 $ $ 14 REMOVE CONCRETE WALK SY 1320 $ $ 15 REMOVE HYDRANT EA 5 $ $ 16 REMOVE GATE VALVE AND BOX EA 8 $ $ 17 REMOVE WATER VALVE MANHOLE EA 3 $ $ 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EA 35 $ $ 19 REMOVE MANHOLE (SAivITARY) EA 2 $ $ 20 REMOVE CASTING EA 24 $ $ 21 REMOVE SIGN EA 50 $ $ 22 REMOVE SIGN TYPE SPECIAL EA 9 $ $ 23 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 85 $ $ 24 SAWING BITUMINOUS PAVEMENT LF 360 $ $ 25 SALVAGE LIGHTING UNIT EA 1 $ $ 26 COMMON EXCAVATION (P) CY 11700$ $ 27 SUBGRADE EXCAVATION (CV) CY 200 $ $ 28 SELECT GRANULAR BORROW (MODIFIED) TN 17250$ $ 29 GEOTEXTILE FABRIC TYPE V SY 16000$ $ 30 GEOTEXTILE FABRIC TYPE V (SPECIAL) SY 3050 $ $ 31 EXCAVATION SPECIAL (CV) CY 2100 $ $ 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 0041 10-3(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 32 STRUCTURAL SOIL BORROW (CV) (TREE TRENCH) CY 2030 $ $ 33 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 3500 $ $ 34 STREET SWEEPER (WITH PICKUP BROOM) HOUR 58 $ $ 35 AGGREGATE BASE CLASS 5 TN 9520 $ $ 36 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 725 $ $ 37 MILL BITUMINOUS SURFACE (1.5") SY 130 $ $ 38 MILL BITUMINOUS SURFACE (2") SY 34654$ $ 39 BITUMINOUS MATERIAL FOR TACK COAT GAL 1930 $ $ 40 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 5540 $ $ 41 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 115 $ $ 42 TYPE SP 9.5 WEARING COURSE (2,B) (TRAIL) TON 500 $ $ 43 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 1650 $ $ 44 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 500 $ $ 45 MODULAR BLOCK RETAINING WALL SF 200 $ $ 46 INSTALL CONCRETE BLOCK RETAINING WALL SF 1800 $ $ 47 IMPROVED PIPE FOUNDATION LF 1020 $ $ 48 8" PVC PIPE DRAIN LF 100 $ $ 49 8" PERF PVC PIPE DRAIN LF 1100 $ $ 50 4" PERF PVC PIPE DRAIN LF 6500 $ $ 51 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP EA 35 $ $ 52 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EA 65 $ $ 53 8" PVC PIPE DRAIN CLEANOUT EA 5 $ $ 54 INSULATION - 4" THICK SY 100 $ $ 55 8" DUCTILE IRON PIPE SEWER LF 60 $ $ 56 51" SPAN RC PIPE - ARCH SEWER CL IIA LF 245 $ $ 57 58" SPAN RC PIPE - ARCH SEWER CL IIA LF 125 $ $ 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10-4(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 58 12" RC PIPE SEWER DES 3006 CL V LF 270 $ $ 59 15" RC PIPE SEWER DES 3006 CL V LF 430 $ $ 60 18" RC PIPE SEWER DES 3006 CL V LF 30 $ $ 61 21" RC PIPE SEWER DES 3006 CL V LF 470 $ $ 62 24" RC PIPE SEWER DES 3006 CL IV LF 30 $ $ 63 27" RC PIPE SEWER DES 3006 CL IV LF 40 $ $ 64 30" RC PIPE SEWER DES 3006 CL IV LF 35 $ $ 65 36" RC PIPE SEWER DES 3006 CL IV LF 630 $ $ 66 42" RC PIPE SEWER DES 3006 CL IV LF 570 $ $ 67 SANITARY SEWER BYPASS LS 1 $ $ 68 CONNECT TO EXISTING SANITARY SEWER EA 3 $ $ 69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 5 $ $ 70 8"X6" PVC WYE EA 5 $ $ 71 REPAIR SEWER PIPE EA 15 $ $ 72 CONNECT TO EXISTING MANHOLE (SANITARY) EA 1 $ $ 73 CONNECT TO EXISTING STORM SEWER EA 9 $ $ 74 CONNECT INTO EXISTING DRAINAGE STRUCTURE EA 1 $ $ 75 8" OUTSIDE DROP LF 10 $ $ 76 6" PVC SANITARY SERVICE PIPE LF 200 $ $ 77 8" PVC PIPE SEWER (SANITARY) LF 327 $ $ 78 CLEAN & VIDEO TAPE PIPE SEWER LF 387 $ $ 79 TEMPORARY WATER SERVICE LS 1 $ $ 80 CONNECT TO EXISTING WATER MAIN EA 10 $ $ 81 CONNECT TO EXISTING WATER SERVICE EA 20 $ $ 82 HYDRANT EA 7 $ $ 83 6" GATE VALVE & BOX EA 15 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 -5(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 84 12" GATE VALVE & BOX EA 4 $ $ 85 1" CORPORATION STOP EA 20 $ $ 86 1" CURB STOP & BOX EA 20 $ $ 87 6" PVC WATERMAIN LF 490 $ $ 88 12" PVC WATERMAIN LF 2600 $ $ 89 1" TYPE K COPPER PIPE LF 600 $ $ 90 DUCTILE IRON FITTINGS LB 2500 $ $ 91 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EA 2 $ $ (SANITARY) 92 CASTING ASSEMBLY EA 24 $ $ 93 ADJUST FRAME & RING CASTING EA 7 $ $ 94 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (27") EA 1 $ $ 95 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (213') EA 13 $ $ 96 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (4') EA 10 $ $ 97 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (5) EA 6 $ $ 98 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (6) EA 2 $ $ 99 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (7') EA 4 $ $ 100 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (8') EA 2 $ $ 101 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (9') EA 1 $ $ 102 4" CONCRETE WALK SF 58 $ $ 103 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 650 $ $ 104 CONCRETE CURB & GUTTER DESIGN B618 LF 5680 $ $ 105 6" CONCRETE DRIVEWAY PAVEMENT SY 585 $ $ 106 7" CONCRETE DRIVEWAY PAVEMENT SY 25 $ $ 107 PEDESTRIAN CURB RAMP SF 1700 $ $ 108 TRUNCATED DOME PANEL SF 320 $ $ 109 TEMPORARY MAIL LS 1 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 00 41 10 - 61R) REVISED BID FORM No. Item Units Qty Unit Price Total Price $ $ SY 125 $ $ SY 110 INSTALL LIGHTING UNIT EA 1 $ $ 111 TRAFFIC CONTROL LS 1 $ $ 112 DETOUR SIGNING LS 1 $ $ 113 SIGN PANELS TYPE C SF 215 $ $ 114 INSTALL SIGN TYPE SPECIAL EA 9 $ $ 115 DECIDUOUS TREE 6' HT B&B TREE 25 $ $ 116 TEMPORARY FENCE LF 500 $ $ 117 STORM DRAIN INLET PROTECTION EA 45 $ $ 118 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 $ $ 119 LOAM TOPSOIL BORROW (LV) CY 1060 $ $ 120 SEED MIXTURE 21-1 1 1 LB 75 $ $ 121 WATER FOR DUST CONTROL MGAL 600 $ $ 122 HYDRAULIC MULCH MATRIX LB 1900 $ $ 123 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 8800 $ $ 124 PAVEMENT MESSAGE PAINT SF 329 $ $ 125 4" SOLID LINE PAINT LF 7800 $ $ 126 24" SOLID LINE PAINT LF 345 $ $ 127 4" BROKEN LINE PAINT LF 4470 $ $ 128 4" DOUBLE SOLID LINE PAINT LF 3940 $ $ 129 CROSSWALK PAINT SF 950 $ $ TOTAL BASE BID: $ ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 130 MOBILIZATION 131 REMOVE CURB & GUTTER 132 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 133 REMOVE CONCRETE DRIVEWAY PAVEMENT LS 1 $ $ LF 240 $ $ SY 125 $ $ SY 300 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 7(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 134 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 $ $ 135 REMOVE CASTING EA 3 $ $ 136 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 250 $ $ 137 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ $ 138 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 400 $ $ 139 MILL BITUMINOUS SURFACE (2") SY 8000 $ $ 140 BITUMINOUS MATERIAL FOR TACK COAT GAL 425 $ $ 141 TYPE SP 9.5 WEARING COURSE MIX (3,C) TN 1020 $ $ 142 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 40 $ $ 143 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TN 150 $ $ 144 ADJUST VALVE BOX EA 2 $ $ 145 CASTING ASSEMBLY EA 3 $ $ 146 ADJUST FRAME & RING CASTING EA 2 $ $ 147 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 240 $ $ 148 7' CONCRETE DRIVEWAY PAVEMENT SY 35 $ $ 149 TRAFFIC CONTROL LS 1 $ $ 151 LOAM TOPSOIL BORROW (LV) CY 25 $ $ 150 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 150 $ $ 152 24" SOLID LINE PAINT LF 20 $ $ 153 4" SOLID LINE PAINT LF 1785 $ $ 154 4" DOUBLE SOLID LINE PAINT LF 410 $ $ 155 4" BROKEN LINE PAINT LF 1750 $ $ TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 00 41 10 - 8(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL (WINNETKA AVE TO RAILROAD) 156 MOBILIZATION LS 1 $ $ 157 CLEARING TREE 16 $ $ 158 GRUBBING TREE 16 $ $ 159 REMOVE CURB & GUTTER LF 500 $ $ 160 REMOVE CONCRETE FLUME LF 4 $ $ 161 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 50 $ $ 162 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 350 $ $ 163 REMOVE CONCRETE WALK SY 1 100 $ $ 164 COMMON EXCAVATION (P) CY 600 $ $ 165 SUBGRADE EXCAVATION (CV) CY 30 $ $ 166 GEOTEXTILE FABRIC TYPE V SY 2000 $ $ 167 AGGREGATE BK, CLASS 5 TN 800 $ $ 168 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ $ 169 TYPE SP 9.5 WEARING COURSE MIX (2,B) (TRAIL) TN 400 $ $ 170 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 20 $ $ 171 SALVAGE & INSTALL METAL RAILING LF 10 $ $ 172 TRENCH DRAIN LF 4 $ $ 173 RELOCATE HYDRANT EA 6 $ $ 174 ADJUST FRAME & RING CASTING EA 4 $ $ 175 4" CONCRETE WALK SF 130 $ $ 176 CONCRETE CURB & GUTTER DESIGN B618 LF 500 $ $ 177 7" CONCRETE DRIVEWAY PAVEMENT SY 360 $ $ 178 TRAFFIC CONTROL LS 1 $ $ 179 SILT FENCE, TYPE MACHINE SLICED LF 100 $ $ 180 STORM DRAIN INLET PROTECTION EA 4 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 00 41 10 - 9iR1 REVISED BID FORM No. Item Units Qty Unit Price Total Price 181 LOAM TOPSOIL BORROW (LV) CY 160 $ $ 182 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 $ $ 183 WATER FOR DUST CONTROL MGAL 50 $ $ 184 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 2300 $ $ 185 CROSSWALK PREFORM THERMOPLASTIC - ZEBRA SF 500 $ $ TOTAL ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL $ (WiNNETKA AVE TO RAILROAD) ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 186 CROSSWALK PAINT 187 CROSSWALK PREFORM THERMOPLASTIC TOTAL ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS 188 DYNAMIC SPEED DISPLAY SIGN TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: TOTAL ALTERNATE NO. 2: TOTAL ALTERNATE NO. 3: TOTAL ALTERNATE NO. 4: SF -450 $ $ SF 1040 $ $ EA 2 $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10- 10(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. (name of the person, partnership or corporation submitting this proposal) (business address) (City, State and Zip Code) Signed (Bidder or authorized representative) Date © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 00 41 10 - 11(R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corooration SUBMITTED on 2016. Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Email.: Fax No.: © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 2 00 41 10 - 12(R) REVISED BID FORM An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: A Partnership Partnership Name: By: Name (typed or printed): Fax No.: (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: END OF DOCUMENT (SEAL) © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10-13(R) REVISED BID FORM Ailouoljualul �UIDJ8 11,91 a6ad s!ul Hi aa� p£c o doe s0V m� <3 >oK Vo� NO. STATEMENT OF ESTIMATED QUANTITIES NOTE MAT. NO. ITEM UNIT 2016 MSA INFRASTRUCTURE IMPROVEMENTS S.A.P. 182-107-013 TOTAL PROJECT QUANTITIES 49TH AVENUE NORTH 49TH AVENUE NORTH 49TH AVENUE NORTH RECONSTRUCT MILL & OVERLAY TOTAL QUANTITY ROADWAY ROADWAY ROADWAY S.A.P. 182-103.007 S.A.P. 182-108-003 F NON PARTICIPATING QUEBEC AVENUE NORTH 54TH AVENUE NORTH CITY OF NEW HOPE ROADWAY ROADWAY ROADWAY SANITARY WATER STORM TOTAL 177 2531.507 7' CONCRETE DRIVEWAY PAVEMENT SY 360 360 360 178 2563.601 TRAFFIC CONTROL LS 1 1 1 179 2573.502 SILT FENCE, TYPE MACHINE SLICED LF 100 100 180 2573.530 STORM DRAIN INLET PROTECTION EACH 4 4 4 181 2574.525 LOAM TOPSOIL BORROW (LV) CY 160 160 160 182 10 2574.607 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 170 170 183 2575.535 WATER FOR DUST CONTROL MGAL 50 50 50 184 2575.604 EROSION CONTROL COMPOST BLANKET -BLOWN W/SEED SY 2300 2,300 2300 185 2582.503 CROSSWALK PREFORM THERMOPLASTIC -ZEBRA SF 500 500 500 ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 1 186 2582.503 CROSSWALKPAINT SF 450 -450 -450 187 2582.503 CROSSWALK PREFORM THERMOPLASTIC SF 1040 1040 1040 ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS 188 2563.602 DYNAMIC SPEED DISPLAY SIGN EACH 2 2 2 1. INCLUDES GATE VALVE AND BOX 2. FOR TREE TRENCH 3. FOR BITUMIN OUS MATERIAL WITH PAVEMENT GEOTEXTI LE 4. FOR MILL AN D OVERLAY PATCH 5. FOR SANITARY SEWER SERVICES 6. FOR MI LLAN D OVERLAY STREETS 7. STREET NAME BLADES 8. FOR TEMPORARY STABILIZATION 9. INCLUDES GRATE AND FRAME 10. FORAMENDEDSOILS L SAP 2 < a ® W ti 20 R �00 'i <S UQ W F w=� Z Q� 0 LLJ Z <Z G ui IZ 0 LL Z V) Z Lu Lu Lu O Z D_ cV Q Lu Z �U:�i Uwe 1 h w CIL 0- 0 N Lw U w Z w Q V N 2 10 0 CV NO REVISION DATE I AD01 1.19-16 2 ADD 2 1-2216 SURVEY PRR/TNA/REH DRAWN ACD/MMAAJ DESIGNED KMS CHECKED AJM APPROVED KMS PROD. NO. 193903259 SHee� wM9ER GO.11R 0 u 4J BY ALTERNATE NO. 2 ONLY E /4S� 7700 r.. 7400 V) m -- — — — — — — — — — — — — — — — — — — — — -- JT— — — — — — — — — — — — — — — — — — - — — — — — — — — — — oa c rc) A, 29.00 m+m 31+W 32— m.m 34+OD loo 28+ 37+00 38+00 39+00 Q+oo 16' — — — — — — — — — — — — — — — ---- FT — — — — — — — — — — 7 E 7- --- -------- 1z OR 7727 7605 —1803 7719 i 7711 7659 7641 7627 7621 7613 Ro 7703 II I < S.6 L 4860 Z < 4856 z Lu Lu a! u zi <! I Lul 4848 > wu 4844 p NOTES: 1. ALL DIMENSIONS ARE TO FACE OF CURB. 0 50' 2 CROSSWALK MARKINGS AT WIN NETKA AVENUE TO BE THERMOPLASTIC (SEE Lo - 49TH AVENUE NORTH I -- SPECIFICATIONS) z 3. IF ALTERNATE NO. 2 IS CHOSEN, STOP BARS WILL NOT BE USED WHERE Lu NOTES: 1. ALL DIMENSIONS ARE To FACE OF CUM . CROSSWALK MARKINGS AT WIN NEM AVENUE To BE THERMOPLASTIC (SEE SPECIFICATIONS) . L T 2 C S P7 3 IF ALTERNATE N IS CHOSEN, To BA WILL NOT BE USED WHERE 1 0 OS �J CROSSWALK IS MARKED WITHIN COUNTY RIGHT OF WAY < Lu > 0 o z V) w 6Z > < SYMBOLS & MATERIALS LEGEND = --j o' -T STRIPING KEY U U Lu Ld CIRCLE EPDXY IST DIGIT 2ND DIGIT 3RD DIGIT 0 TRIANGLE - PAINT WIDTH PATTERN COLOR D 4", 8", ETC. S - SOLID W - WHITE LL PENTAGON - REMOVEABLE PREFORMED B - BROKEN Y - YELLOW 7 Z < 7400 i 7300 PLASTIC MARKING D - DOUBLE B -BLACK Lu Z z 7400 LU SQUARE - POLY PREFORM EXAMPLE: 4" SOLID LINE WHITE - EPDXY Z., -4() w 6'x3' CROSSWALK BLOCK WHITE PAINT (UNLESS NOTED OTHERWISE) c14 > < PAVEMENT MESSAGE (TYP) -oo 15 43+00 ".00 < 47+W 47+. 15 --- — ------- - - def17 q-oo smij /4S� ii II D4 ii a 8 4 00 7605 Vi j4SW NO REVISION DATE GRADE CROSSING I 1- PAVEMENT MARKING ADD2 22-16 I tl c PER MUTCD wi N Lu < // ® SURVEY PBR/TNA/REH UI i JDRAWN ACD/MMA/IJ uj DESIGNED KMS mho dCHECKED AJM APPROVED KMS 49TH AVENUE NORTH PROJ. NO. 193803259 sHEF mwER T1.02R SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 DOCUMENT 00 91 13 ADDENDUM 1 2016 MUNICIPAL STATE AID (MSA) INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA January 19, 2016 Number of Pages: 45 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4734 - Kellie Schlegel, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name @ 2016 Stantec 1 193803259 Date ADDENDUM 1 0091 13- 1 SECTION 00 01 10 - TABLE OF CONTENTS 1. Page 00-01-10-2. Add the following Section to Division 32: 32 32 27 - Wet -Cast Concrete Segmental Retaining Wall. DOCUMENT 00 41 10 -BID FORM 1. Delete this Document in its entirety and add the attached Document 00 41 10(R). In general, quantities for the following bid items were modified: 9,11-13, 33-36, 38-41, 44, 46, 119, 121, 123-129, 132, 164, 185, and 186 SECTION 01 10 00 -SUMMARY 1. Page 01 10 00-2, Paragraph 1.07.A: Add the following after the last sentence: Trail installation west of Zealand Ave S, east of Virginia Ave S, and Alternate No. 2 (if awarded) shall be completed in 2016. SECTION 02 41 13 - SELECTIVE SITE DEMOLITION 1. Page 02 41 13-1, Paragraph 1.02.A.2.c: Add the following after 1.02.A.2.d. 2): 3) Disposal and removal from the Site of any milled, reclaimed, or otherwise ground -up pavement material that does not contain any PRF shall be incidental to this Bid Item. 2. Page 02 41 13-2, Paragraph 1.02.A.2.d: Add the words "reclaimed or milled" after "removed" in the 1 It sentence. 3. Page 02 41 13-2, Paragraph 1.02.A.2. Add the following Paragraph after 1.02.A.2.d.2): 3) If Contractor chooses to not use a reclaiming or milling method of pavement removal, all disposal of bituminous chunks containing PRF that cannot be stockpiled as an aggregate material shall be incidental to this Bid Item. This includes loading and hauling off -Site to disposal facility. 3. Page 02 41 13-2, Paragraph 1.02.A.2.q: Add the following: Street name blade signs shall be salvaged and reinstalled. 4. Page 02 41 13-2, Paragraph 1.02.A.2: Add the following paragraph afterl .02.A.2. v.: w. Install Lighting Unit: Per each salvaged yard light unit reinstalled, including concrete base. ADDENDUM 1 © 2016 Stantec 1 193803259 0091 13-2 5. Page 02 41 13-7, Paragraph 3.15: Add the following immediately after 3.15.D.3: Signs: 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. SECTION 32 32 27 - WET -CAST CONCRETE SEGMENTAL RETAINING WALL 1. Add this Section in its entirety to the Project Manual. SECTION 34 41 05 - TRAFFIC SIGNS AND DEVICES 1. Page 34 41 05-1. Paragraph 1.02.A.: Replace Paragraph 3 with the following: 3. A Bid Item has been provided for Install Sign Type Special. Measurement shall be per each post with salvaged street name signs. Payment shall include installation of new post. Posts with 2 name blades shall be paid as 1 unit. LIST OF ATTACHMENTS 1. Document 00 41 10(R) - Revised Bid Form. 2. Document 32 32 27 - Wet -Cast Concrete Segmental Retaining Wall. 3. Revised Drawing G0.03R: Modified notes 4. Revised Drawing C0.07R: Modified quantities for Bid Item No. 46 5. Revised Drawing G0.09R: Modified quantities for Bid Item No. 129 6. Revised Drawing GO. 1 1 R: Modified quantities for Bid Item No. 185 and 186 7. Revised Drawing C0.02R: Added note 8. Revised Drawing C1.01 R: Added typical section dimensions and modified trail width 9. Revised Drawing C2.04R: Adjusted stationing note 10. Revised Drawing C5.01 R: Added draintile note 11. Revised Drawing C5.02R: Added draintile note 12. Revised Drawing C6.02R: Modified road alignment and trial width near Winnetka 13. Revised Drawing C6.07R: Modified roadway alignment and added curb ramps 14. Revised Drawing C6.08R: Modified stationing note 15. Revised Drawing C6.12R: Added and modified notes 16. Revised Drawing C7.03R: Revised cross sections 6+00 and 6+50 17. Revised Drawing C7.09R: Modified cross sections 25+00 - 26+50 18. Revised Drawing C7.1 OR: Updated earthwork table 19. Revised Drawing C8.05R: Added notes to Section 1; Modified section 3 20. Revised Drawing C8.06R: Modified Section C 21. Revised Drawing T1.01 R: Added crosswalk striping at Boone Avenue END OF DOCUMENT ADDENDUM © 2016 Stantec 1 193803259 0091 13-3 This Page Left Blank Intentionally ( Stante0 BIDDER: DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. 1 2016 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA 2016 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.6 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 REMOVE WATER MAIN 5 REMOVE SEWER PIPE (SANITARY) LS 1 $ TREE 42 $ TREE 42 $ LF 3130 $ LF 380 $ © 2016 Stontec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 2(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 6 REMOVE SEWER PIPE (STORM) LF 2850 $ $ 7 REMOVE WATER SERVICE PIPE LF 600 $ $ 8 REMOVE SANITARY SERVICE PIPE LF 200 $ $ 9 REMOVE CURB & GUTTER LF 6350 $ $ 10 REMOVE CONCRETE PAVEMENT SY 110 $ $ 11 REMOVE BITUMINOUS PAVEMENT SY 10605 $ $ 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 180 $ $ 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 355 $ $ 14 REMOVE CONCRETE WALK SY 1320 $ $ 15 REMOVE HYDRANT EA 5 $ $ 16 REMOVE GATE VALVE AND BOX EA 8 $ $ 17 REMOVE WATER VALVE MANHOLE EA 3 $ $ 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EA 35 $ $ 19 REMOVE MANHOLE (SANITARY) EA 2 $ $ 20 REMOVE CASTING EA 24 $ $ 21 REMOVE SIGN EA 50 $ $ 22 REMOVE SIGN TYPE SPECIAL EA 9 $ $ 23 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 85 $ $ 24 SAWING BITUMINOUS PAVEMENT LF 360 $ $ 25 SALVAGE LIGHTING UNIT EA 1 $ $ 26 COMMON EXCAVATION (P) CY 11700 $ $ 27 SUBGRADE EXCAVATION (CV) CY 200 $ $ 28 SELECT GRANULAR BORROW (MODIFIED) TN 17250 $ $ 29 GEOTEXTILE FABRIC TYPE V SY 16000 $ $ 30 GEOTEXTILE FABRIC TYPE V (SPECIAL) SY 3050 $ $ 31 EXCAVATION SPECIAL (CV) CY 2100 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 47 10 - 3(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 32 STRUCTURAL SOIL BORROW (CV) (TREE TRENCH) CY 2030 $ $ 33 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 3500 $ $ 34 STREET SWEEPER (WITH PICKUP BROOM) HOUR 58 $ $ 35 AGGREGATE BASE CLASS 5 TN 9520 $ $ 36 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 725 $ $ 37 MILL BITUMINOUS SURFACE (1.5') SY 130 $ $. 38 MILL BITUMINOUS SURFACE (2") SY 34654 $ $. 39 BITUMINOUS MATERIAL FOR TACK COAT GAL 1930 $ $. 40 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 5540 $ $. 41 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 115 $ $. 42 TYPE SP 9.5 WEARING COURSE (2,B) (TRAIL) TON 500 $ $ 43 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 1650 $ $ 44 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 500 $ $ 45 MODULAR BLOCK RETAINING WALL SF 200 $ $ 46 INSTALL CONCRETE BLOCK RETAINING WALL SF 1800 $ $ 47 IMPROVED PIPE FOUNDATION LF 1020 $ $ 48 8" PVC PIPE DRAIN LF 100 $ $ 49 8" PERF PVC PIPE DRAIN LF 1 100 $ $ 50 4" PERF PVC PIPE DRAIN LF 6500 $ $ 51 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP EA 35 $ $ 52 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EA 65 $ $ 53 8" PVC PIPE DRAIN CLEANOUT EA 5 $ $ 54 INSULATION - 4" THICK SY 100 $ $ 55 8" DUCTILE IRON PIPE SEWER LF 60 $ $ 56 51"SPAN RC PIPE - ARCH SEWER CL IIA LF 245 $ $ 57 58" SPAN RC PIPE - ARCH SEWER CL IIA LF 125 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 4(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 58 12" RC PIPE SEWER DES 3006 CL V LF 270 $ $ 59 15" RC PIPE SEWER DES 3006 CL V LF 430 $ $ 60 18" RC PIPE SEWER DES 3006 CL V LF 30 $ $ 61 21" RC PIPE SEWER DES 3006 CL V LF 470 $ $ 62 24" RC PIPE SEWER DES 3006 CL IV LF 30 $ $ 63 27" RC PIPE SEWER DES 3006 CL IV LF 40 $ $ 64 30" RC PIPE SEWER DES 3006 CL IV LF 35 $ $ 65 36" RC PIPE SEWER DES 3006 CL IV LF 630 $ $ 66 42" RC PIPE SEWER DES 3006 CL IV LF 570 $ $ 67 SANITARY SEWER BYPASS LS 1 $ $ 68 CONNECT TO EXISTING SANITARY SEWER EA 3 $ $ 69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 5 $ $ 70 8"X6" PVC WYE EA 5 $ $ 71 REPAIR SEWER PIPE EA 15 $ $ 72 CONNECT TO EXISTING MANHOLE (SANITARY) EA 1 $ $ 73 CONNECT TO EXISTING STORM SEWER EA 9 $ $ 74 CONNECT INTO EXISTING DRAINAGE STRUCTURE EA 1 $ $ 75 8" OUTSIDE DROP LF 10 $ $ 76 6" PVC SANITARY SERVICE PIPE LF 200 $ $ 77 8" PVC PIPE SEWER (SANITARY) LF 327 $ $ 78 CLEAN & VIDEO TAPE PIPE SEWER LF 387 $ $ 79 TEMPORARY WATER SERVICE LS 1 $ $ 80 CONNECT TO EXISTING WATER MAIN EA 10 $ $ 81 CONNECT TO EXISTING WATER SERVICE EA 20 $ $ 82 HYDRANT EA 7 $ $ 83 6' GATE VALVE & BOX EA 15 $ $ © 2016 Stantec 1193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 5(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 84 12" GATE VALVE & BOX EA 4 $ $ 85 1" CORPORATION STOP EA 20 $ $ 86 1" CURB STOP & BOX EA 20 $ $ 87 6" PVC WATERMAIN LF 490 $ $ 88 12" PVC WATERMAIN LF 2600 $ $ 89 1"TYPE K COPPER PIPE LF 600 $ $ 90 DUCTILE IRON FITTINGS LB 2500 $ $ 91 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EA 2 $ $ (SANITARY) 92 CASTING ASSEMBLY EA 24 $ $ 93 ADJUST FRAME & RING CASTING EA 7 $ $ 94 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (27") EA 1 $ $ 95 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (2'X3') EA 13 $ $ 96 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (4') EA 10 $ $ 97 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (5) EA 6 $ $ 98 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (6) EA 2 $ $ 99 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (7') EA 4 $ $ 100 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (8') EA 2 $ $ 101 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (9') EA 1 $ $ 102 4" CONCRETE WALK SF 58 $ $ 103 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 650 $ $ 104 CONCRETE CURB & GUTTER DESIGN 8618 LF 5680 $ $ 105 6" CONCRETE DRIVEWAY PAVEMENT SY 585 $ $ 106 7" CONCRETE DRIVEWAY PAVEMENT SY 25 $ $ 107 PEDESTRIAN CURB RAMP SF 1700 $ $ 108 TRUNCATED DOME PANEL SF 320 $ $ 109 TEMPORARY MAIL LS 1 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 6(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 110 INSTALL LIGHTING UNIT EA 1 $ $ 119 III TRAFFIC CONTROL LS 1 $ $ 75 $ $ 112 DETOUR SIGNING LS 1 $ $ LB 1900 $ $ 113 SIGN PANELS TYPE C SF 215 $ $ SF 329 $ $ 114 INSTALL SIGN TYPE SPECIAL EA 9 $ $ LF 345 $ $ 115 DECIDUOUS TREE 6' HT B&B TREE 25 $ $ 116 TEMPORARY FENCE LF 500 $ $ 117 STORM DRAIN INLET PROTECTION EA 45 $ $ 118 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 $ $ 119 LOAM TOPSOIL BORROW (LV) CY 1060 $ $ 120 SEED MIXTURE 21-111 LB 75 $ $ 121 WATER FOR DUST CONTROL MGAL 600 $ $ 122 HYDRAULIC MULCH MATRIX LB 1900 $ $ 123 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 8800 $ $ 124 PAVEMENT MESSAGE PAINT SF 329 $ $ 125 4" SOLID LINE PAINT LF 7800 $ $ 126 24" SOLID LINE PAINT LF 345 $ $ 127 4" BROKEN LINE PAINT LF 4470 $ $ 128 4" DOUBLE SOLID LINE PAINT LF 3940 $ $ 129 CROSSWALK PAINT SF 950 $ $ TOTAL BASE BID: $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 7(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 130 MOBILIZATION LS 1 $ $ 131 REMOVE CURB & GUTTER LF 240 $ $ 132 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 $ $ 133 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 $ $ 134 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 $ $ 135 REMOVE CASTING EA 3 $ $ 136 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 250 $ $ 137 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ $ 138 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 400 $ $ 139 MILL BITUMINOUS SURFACE (2) SY 8000 $ $ 140 BITUMINOUS MATERIAL FOR TACK COAT GAL 425 $ $ 141 TYPE SP 9.5 WEARING COURSE MIX (3,C) TN 1020 $ $ 142 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 40 $ $ 143 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TN 150 $ $ 144 ADJUST VALVE BOX EA 2 $ $ 145 CASTING ASSEMBLY EA 3 $ $ 146 ADJUST FRAME & RING CASTING EA 2 $ $ 147 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 240 $ $ 148 7" CONCRETE DRIVEWAY PAVEMENT SY 35 $ $ 149 TRAFFIC CONTROL LS 1 $ $ 151 LOAM TOPSOIL BORROW (LV) CY 25 $ $ 150 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 150 $ $ 152 24" SOLID LINE PAINT LF 20 $ $ 153 4" SOLID LINE PAINT LF 1785 $ $ 154 4" DOUBLE SOLID LINE PAINT LF 410 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 0041 10-8(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 155 4" BROKEN LINE PAINT LF 1750 $ $ TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 9(R) REVISED BID FORM ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL (WINNETKA AVE TO RAILROAD) 156 MOBILIZATION LS 1 $ $ 157 CLEARING TREE 16 $ $ 158 GRUBBING TREE 16 $ $ 159 REMOVE CURB & GUTTER LF 500 $ $ 160 REMOVE CONCRETE FLUME LF 4 $ $ 161 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 50 $ $ 162 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 350 $ $ 163 REMOVE CONCRETE WALK SY 1 100 $ $ 164 COMMON EXCAVATION (P) CY 600 $ $ 165 SUBGRADE EXCAVATION (CV) CY 30 $ $ 166 GEOTEXTILE FABRIC TYPE V SY 2000 $ $ 167 AGGREGATE BASE CLASS 5 TN 800 $ $ 168 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ $ 169 TYPE SP 9.5 WEARING COURSE MIX (2,B) (TRAIL) TN 400 $ $ 170 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 20 $ $ 171 SALVAGE & INSTALL METAL RAILING LF 10 $ $ 172 TRENCH DRAIN LF 4 $ $ 173 RELOCATE HYDRANT EA 6 $ $ 174 ADJUST FRAME & RING CASTING EA 4 $ $ 175 4" CONCRETE WALK SF 130 $ $ 176 CONCRETE CURB & GUTTER DESIGN 8618 LF 500 $ $ 177 7' CONCRETE DRIVEWAY PAVEMENT SY 360 $ $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 9(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 178 TRAFFIC CONTROL LS 1 $ $ 179 SILT FENCE, TYPE MACHINE SLICED LF 100 $ $ 180 STORM DRAIN INLET PROTECTION EA 4 $ $ 181 LOAM TOPSOIL BORROW (LV) CY 160 $ $ 182 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 $ $ 183 WATER FOR DUST CONTROL MGAL 50 $ $ 184 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 2300 $ $ TOTAL ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL $ (WINNETKA AVE TO RAILROAD) ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 185 CROSSWALK PAINT 186 CROSSWALK PREFORM THERMOPLASTIC TOTAL ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS 187 DYNAMIC SPEED DISPLAY SIGN TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: TOTAL ALTERNATE NO. 2: TOTAL ALTERNATE NO. 3: TOTAL ALTERNATE NO. 4: SF -450 $ $ SF 1040 $ $ EA 2 $ © 2016 Stantec 1 193803259 REVISED SID FORM REVISED BY ADDENDUM NO. 1 00 41 10 - 10(R) STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (name of the person, partnership or corporation submitting this proposal) (business address) (City, State and Zip Code) (Bidder or authorized representative) Date © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 11 (R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on 2016. Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Email.: Fax No.: © 2016 Stantec i 193803259 REVISED BY ADDENDUM NO. 1 0041 10-12(R) REVISED BID FORM An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: A Partnershir) Partnership Name: By: Name (typed or printed): Fax No.: (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: (SEAL) (SEAL) © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 0041 10-13(R) REVISED BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): (Signature of joint venture partner) Title: Business Street Address (No P.O. Box #'s): Fax No.: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO. 1 00 41 10 - 14(R) REVISED BID FORM SECTION 32 32 27 WET -CAST CONCRETE SEGMENTAL RETAINING WALL PART 1 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of designing, furnishing and installing segmental, wet -cast concrete block retaining walls in accordance with the layout and details included in the plans, as directed by the Engineer, and the following. B. The walls shall be constructed in the locations and to the configurations and the dimensions shown in the plans. The Engineer shall have the right to alter the alignment and location to improve constructability and aesthetics. C. The approved wall system shall be constructed in accordance with manufacturer's recommendations and certified designs, if required, upon approval of the design methodology by the Engineer. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Install Concrete Block Retaining Wall. Measurement shall be on the basis of square feet of above grade surface area constructed: 1. Buried courses shall not be included in the area measurement. 2. Payment at the Bid Unit Price shall include: a. Segmental concrete wall units. b. Aggregate base and backfill materials. c. Drain pipe and connections. d. Filter fabric. e. Geogrid reinforcement (if required). f. All other labor and materials necessary to completely construct the wall in accordance with the certified Design, Drawings and Specifications. B. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 DESIGN A. For all walls, or segments thereof, the wall system design shall conform to the following specifications and typical section requirements: 1. The wall shall be designed and the detailed drawings prepared by a Professional Engineer experienced in retaining wall design that is licensed in the State of Minnesota. The design computations and the plans shall be certified by the Contractor's design engineer and shall be submitted to the Owner's Project Engineer, for the project's permanent record, prior to beginning any retaining wall work. The design shall be per NCMA except as noted. Resulting safety factors for each potential failure mode shall be determined and shown. 2. The detailed drawings shall contain all the necessary information for the construction of the wall. Included shall be a typical section detailing excavation limits, geotextile locations, block embedment's, leveling pad dimensions, drainage considerations, WET -CAST CONCRETE SEGMENTAL RETAINING WALL 0 2016 Stantec 1 193803259 323227-1 backfill, etc. Include as many sections and other views necessary for the construction and inspection of the wall. The information on embedment, geotextile locations, and geotextile lengths as they relate to wall heights may be shown in tabular form. Also included shall be the pertinent information on the individual blocks and the geotextile material. All plan sheets shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each sheet shall be certified. Where a fence is required along the top of the wall, the wall shall be designed and detailed to include the additional loading and provide for the post installation. Minimum post overturning moment to resist = 1,800 ft.-Ibs. C. When the longitudinal slope of the footing is greater than 1 vertical to 10 horizontal, the footing may be stepped. D. The Contractor's wall designer shall become aware of the existing locations of all utilities affected by the proposed wall construction as well as the locations where they are to be relocated and also any new utilities that may be installed in the vicinity of the proposed wall construction. All new and/or relocated utilities shall be installed outside the construction limits of the proposed retaining walls whenever possible. If this is not possible, the wall designer shall identify all utilities, in their proposed locations, which are to be installed within the construction limits of the wall. It shall be the wall designer's responsibility to coordinate all designs with the affected utility owners and to provide ample room for their installation, to the satisfaction of the Owner's Project Engineer F. Any utilities needing to be located within the construction limits of the wall shall be installed as the wall is being constructed. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit retaining wall design calculations, manufacturer's product data, test reports and installation instructions for segmental concrete wall units and geogrid reinforcing. C. Submit aggregate gradation test reports for leveling pad, drainage and backfill materials. D. Submit detailed construction drawings showing all necessary information for the construction of the wall, including wall layout and heights, proper placement, lengths and types of geogrid reinforcement, where necessary, and typical wall sections. Show types, locations and properties of all drainage materials, appurtenances and special installation requirements, such as special sizes or cut units adjacent to wall penetrations. E. Construction drawings shall include elevation views of the wall (s), with proper block sizes indicated for each course/location. F. Submit manufacturer's data on exposed face texture (s), color system, surface sealer and anti -graffiti coating systems. G. Submit geogrid reinforcing manufacturer's product literature, product testing reports and a 12 -inch or larger sample of each type of geogrid to be used. WET -CAST CONCRETE SEGMENTAL RETAINING WALL © 2016 Stantec 1 193803259 323227-2 1.05 DELIVERY, STORAGE AND HANDLING A. Contractor shall inspect all units at delivery to verify materials are undamaged and proper for use. Damaged materials shall not be used and shall be removed from the site. B. Segmental wall units shall be stored in a location and manner that protects them from soiling, staining, weathering, damage, etc. that may render them unusable. C. Exposed faces of segmental wall units shall be free of manufacturing defects, chipping, cracking, stains and other blemishes. 1.06 QUALITY ASSURANCE A. Installer qualifications: Segmental wall installation contractor shall have successfully installed a minimum of three (3) similar projects within the last two years. Contractor shall coordinate the segmental wall installation with concurrent and adjacent construction work. PART 2 PRODUCTS 2.01 MATERIALS A. Segmental Retaining Wall Blocks: 1. Segmental wall block units shall be ReCon Series 50 or Redi-Rock retaining wall units. 2. Concrete block units shall be manufactured of wet -cast concrete with average 28 - day compressive strength of no less than 4,000 PSI and entrained air content between 5.5 and 8.5 percent by volume. 3. Cap Block: Compatible with wall units. 4. Weight of concrete shall be a minimum of 145 pounds per cubic foot. 5. Minimum exterior dimension at the face shall be 16" high by 45" wide for full unit and 16" high by 22" wide (half) blocks allowed at wall termination points. 6. Depth of unit shall be as per manufacturer's design requires. 7. Face batter shall be not less than 4 degrees, and not more than 6 degrees, from vertical. 8. Unit color: Shall be selected by the Owner from the manufacturer's standard colors. 9. Unit Face Texture: Shall be determined by the Owner from manufacturer's standard selections. Geogrid Reinforcement (if required): Geosynthetic reinforcement shall be high tensile geogrid or geotextile manufactured specifically for soil reinforcement applications. 1. Construction Drawings shall indicate type, strength, locations and lengths of reinforcement used. 2. The geosynthetic manufacturer shall provide all relevant testing to the wall design engineer for incorporation in the wall design and shall be included in the submittal for the Construction Drawings. 3. No substitution of geosynthetic shall be allowed that was not evaluated in the Construction Drawings. C. Base Leveling Pad: The wall base leveling pad material shall consist of a compacted crushed stone base or unreinforced concrete as indicated in the Construction Drawings. D. Drainage Aggregate: Drainage aggregate shall consist of clean 1" minus crushed stone or gravel meeting the requirements of the Construction Drawings. WET -CAST CONCRETE SEGMENTAL RETAINING WALL 0 2016 Stantec 1 193803259 323227-3 E. Backfill material: All backfill material, borrow or imported, shall meet all requirements of the Construction Drawings. F. Drainage Pipe: If required in Construction Drawings, drainage pipe shall be perforated or slotted PVC pipe manufactured in accordance with ASTM D-3034 or corrugated HDPE pipe manufactured in accordance with ASTM D-1248. Drainage pipe may also be covered with a geotextile filter fabric. G. Unit adhesive: Adhesive shall be a premium, construction grade suitable for concrete and exterior applications. H. Color and Coating Systems: Special penetrating stain mixes as provided by manufacturer, to achieve color approved by Owner. Stain shall create a surface finish that is breathable (allowing water vapor transmission) and that resists deterioration from water, acid, alkali, fungi, sunlight or weathering. Coating shall be Siloxane Coating TK -290 by TK Products, Division of Sierra Corp., Minnetonka, MN, or approved equal. Surface Sealer: Approved surface sealers are: 1. TK Products, 1 140 West 47th Street, Minnetonka, MN 55343 a. TK -590-40 b. TK -290-12 c. TK -290 WB 20 2. ChemRex Inc., 889 Valley Park Drive, Shakopee, MN 55379 a. Hydrozo Enviroseal 40 b. Hydrozo Enviroseal 20 3. Prosoco, 3741 Greenway :ircle, Lawrence, KS 66046 a. Sure Klean Weather Seal SL40 b. Sure Klean Weather Seal Siloxane WB 4. Other products approved by the Engineer. PART 3 EXECUTION 3.01 WALL CONSTRUCTION A. Segmental block retaining walls shall be constructed in accordance with the designs and specifications prepared and submitted by the Contractor's wall designer and the following: Examination 1. Verify locations of utilities and existing structures prior to excavation. 2. Examine the Project site and evaluate conditions where the modular block retaining wall will be constructed. Notify the proper supervising authority in writing of any conditions that may interfere with the proper construction of the modular block wall or delay completion. 3. Promptly notify the wall design engineer of site conditions which may affect wall performance, soil conditions observed other than those assumed, or other conditions that may require a reevaluation of the wall design. C. Excavation 1. Over -excavation and additional compacted backfill shall not be paid for unless directed by the Engineer. The Contractor shall not disturb embankment materials beyond the lines shown on the Contractor's wall designer's plans unless so directed by the Engineer. WET -CAST CONCRETE SEGMENTAL RETAINING WALL © 2016 Stantec 1 193803259 323227-4 2. Foundation soil shall be excavated as required for footing or base I leveling pad dimensions shown on the construction drawings, or as directed by the wall engineer. 3. Over -excavated areas shall be filled with suitable base or backfill material and compacted to 95 -percent standard proctor. D. Foundation Soil Preparation 1. Foundation soil shall be evaluated by a Geotechnical Engineer or Owner's Representative to ensure that the bearing soils meet or exceed the design conditions or assumptions. Wall design shall be revised to conform to anticipated foundation soil bearing capacity. 2. Compact foundation soil zone to 95 -percent standard proctor prior to installing base / leveling pad. 3. Over -excavated areas shall be filled with approved compacted backfill material. E. Base Leveling Pad 1. Footing materials shall be installed upon undisturbed in situ soils. 2. The base material shall be compacted so as to provide a level hard surface on which to place the first course of units. Compaction shall be obtained with mechanical plate compactors in accordance with the Quality Compaction Method. 3. Footing shall be prepared to ensure complete contact of retaining wall unit with base. Gaps shall not be allowed. 4. Footing materials shall be installed in accordance with the depths and widths shown in the Contractor's submitted wall plans. Unit Installation 1. Backfill shall be placed as per the submitted design and compacted as each course is completed. A minimum of 2 feet of granular drainage fill material shall be placed behind the block units unless otherwise specified. Geotextile filter fabric, if required, shall be placed between the block and the backfill prior to backfilling. 2. Units shall be placed in full contact with base 1 leveling pad material. 3. Check units for level from side-to-side and maintain unit batter front -to -back. 4. Place unit faces in contact end to end and avoid any gaps one-half inch or greater. 5. Fill and compact fill to grade in front of embedded units prior to compaction behind the wall units 6. Fill voids between modular block units with 3/4" clean crushed rock to a distance of one foot behind the unit depth unless otherwise instructed in the Construction Drawings. 7. Sweep and clean the top of each course before setting additional courses. 8. Lay each successive course making sure that the bottom recess is in full contact with the unit locators of the course below. Pull unit forward as far as possible. 9. Check and maintain level and wall batter by use of shims when necessary. 10. Follow manufacturer recommended procedures to maintain acceptable running bond when constructing curved walls and / or corners. Build in accordance with Construction Drawings or Construction Drawing Details. G. Geogrid Reinforcement (if required) 1. Install geogrid ("geosynthetic") reinforcement in accordance with manufacturer's recommendations and the Construction Drawings. All costs associated with furnishing and installing the geogrid reinforcement shall be considered incidental. 2. Locate geogrid reinforcement at elevations and to the lengths shown on the Construction Drawings. WET -CAST CONCRETE SEGMENTAL RETAINING WALL © 2016 Stantec 1 193803259 323227-5 3. Prior to installation of geogrid reinforcement, level and compact backfill material to the level of the reinforcement layer. 4. Reinforcement design strength direction must be oriented perpendicular to wall face. 5. Position reinforcement on units to within 2 -inches of the front exposed face. Hold in place by installing the next course of units. 6. Remove all wrinkles or folds in reinforcement by pulling taut prior to backfill placement. Secure using soil staples, stakes or hand tension until reinforcement is covered with sufficient fill to maintain tensioned position. 7. Reinforcements shall be continuous throughout the embedment length. Splicing along reinforcement strength direction is not allowed. 8. Position reinforcement sections side-by-side to provide 100 -percent coverage along wall face. 9. Where curved wall sections cause overlap areas in reinforcement, maintain at least 3 -inches of soil between layers where overlap occurs. 10. All costs associated with furnishing and installing the geogrid reinforcement, including excavation and backfill, shall be considered incidental to the Contract. H. Drainage Systems 1. Drainage systems for the retaining walls shall be furnished and installed according to the plan details and the submitted design. Each drainage system installed behind the walls shall discharge into the storm sewer system in the vicinity or through weep holes through the face of the wall. All costs associated with wall drainage and discharge shall be incidental to the modular block retaining wall. Reinforced Backfill Placement 1. Wall f; naterial shall be placed in lifts no greater than 8 -inches in depth and shall be less if necessary to achieve necessary compaction. 2. Compact backfill material to 95 -percent of standard proctor. 3. Only hand -operated compaction equipment shall be used within 3 -feet of the back of the units. 4. Wherever possible, backfill should be placed beginning the face of the wall. Backfill shall be placed, spread, and compacted in a manner that minimizes the development of wrinkles, folds or movement of the geogrid. 5. Tracked construction equipment shall not be operated directly on the geogrid. A minimum backfill thickness of 6 -inches is required prior to operation of tracked vehicles over the geogrid. Turning of tracked vehicles should be kept to a minimum to prevent tracks from displacing the fill and damaging the geogrid. 6. Rubber tired equipment may pass over the geogrid reinforcement at slow speeds, (less than 10 mph). Avoid sudden braking and sharp turning. 7. At the conclusion of each day's work, slope backfill at both the crest and bottom of wall away from wall face to prevent surface drainage from scouring or ponding. 8. During wall construction, the General Contractor shall be responsible for coordination of other project site operations so as to avoid adjacent construction site drainage from affecting wall construction area. 9. Upon completion of wall construction work, the General Contractor shall: a. Ensure finished grading directs normal drainage away from the finished wall. b. Ensure other trades do not operate heavy equipment or excavate near the wall and reinforced soil zone. J. Cap Unit Installation 1. Cap unit and in -fill section for Modular Block Retaining Wall Special shall be fabricated dry -cast concrete matching standard units. See plan details WET -CAST CONCRETE SEGMENTAL RETAINING WALL © 2016 Stantec 1 193803259 323227-6 2. Fill and compact soil to top of cap unit. K. Site Tolerances 1. Straight walls a. Vertical alignment: +/- 1.5" over any 12 ft. distance and no more than +/- 3" over entire length of wall. 2. Horizontal Alignment Control: a. Corners and radius location: +/- 1 foot to theoretical location indicated on the Grading Plan. b. Radii: +/- 2 ft. from theoretical lines indicated on the Grading Plan 3. Wall Batter at Completion of Work: +/- 2 degrees from the design batter and no batter less than 2 degrees. L. Field Quality Control 1. Contractor shall be responsible for proper installation and quality control of all wall components and appurtenant materials. 2. Owner shall, at their expense, retain a qualified professional to monitor and perform quality assurance checks of the installer's work. 3. Quality Assurance should include foundation soil inspection, frequent backfill compaction testing, verification of geotechnical design parameters and compliance with Construction Drawings and Project Specifications. M. Cleaning 1. After completion of wall installation, remove construction debris and restore any adjacent finished areas affected by wall construction to their pre -construction state. 2. Wash wall face to remove soiling and stains. Do not use acid or detergents that may "burn" or discolor face. N. Finished Surface Sealer Requirements 1. The Contractor shall comply with the manufacturer's written instructions for preparing, handling and applying the surface sealer. 2. The surface to be treated shall receive a light water -blast to the extent that the surface is clean and free of oils. 3. Before the surface sealer is applied the surface to be sealed shall be dry and free of all dust, debris, and frost. 4. Surface sealers shall be applied at the heaviest application rate specified by the manufacturer. O. All materials and work performed as specified above will be incidental to construction of the wall. END OF SECTION WET -CAST CONCRETE SEGMENTAL RETAINING WALL © 2016 Stantec 1 193803259 323227-7 Allouol4uG4ul �uol9 11GI Gbod s!ul - V 2016 MSA INFRASTRUCTURE IMPROVEMENTS 4J s g -007 S.A.P. 182-108-003 NON PARTICIPATING S.A.P. 182.107-013 S.A.P. 182-1033t a< STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES 49TH AVENUE NORTH 49TH AVENUE NORTH 49TH AVENUE NORTH QUEBEC AVENUE 54TH AVENUE NORTH 4J CITY OF NEW HOPE RECONSTRUCT MILL 8 OVERLAY TOTAL NORTH - UNIT E QUANTITY NO. NOTE MAT. NO. ITEM ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY SANITARY WATER STORM TOTAL 38 2232.501 MILL BITUMINOUS SURFACE (2") SY 34654 8254 8254 26400 0 39 2357.502 BITUMINOUS MATERIAL FOR TACKCOAT GAL 1930 580 580 1350 o I 40 2360.501 TYPE SP 9.5 WEARING COURSE MIX(3,C) TON 5540 990 1050 2040 3500 or Q-85 g 41 2360.501 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 115 75 20 95 20 HgW. M. 42 42a.2, 2360.501 TYPE SP 9.5 WEARING COURSE (2,6) (TRAIL) TON 500 500 500 < g 43 2360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,6) TON 1650 1650 1650 >0 qq 2360.505 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 500 100 100 400 6 45 2411.618 MODULAR BLOCK RETAINING WALL SF 200 200 200 i 3 g �3<� a O 46 2411.618 INSTALL CONCRETE BLOCK RETAINING WALL SF 1800 1800 1800 1 47 2451.603 IMPROVED PIPE FOUNDATION LF 1020 20 500 500 1020 EACH i 48 2502.521 B" PVC PIPE DRAIN LF 100 100 1 100 2503.602 CONNECT TO EXISTING STORM SEWER EACH 9 49 9 2502.541 8" PERF PVC PIPE DRAIN LF 1100 1100 EACH 1100 1 1 50 2502.541 4" PERF PVC PIPE DRAIN LF 6500 5500 5500 V) 51 2502.602 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP EACH 35 35 35 Z UJ w 52 2502.602 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 65 65 65 Q H > w O o ~ 53 2502.602 8" PVC PIPE DRAIN CLEANOUT EACH 5 5 5 54 2502.604 INSULATION -4"THICK SY 100 100 100 W Z 04 - a (J o UJ O LU 55 2503.511 8" DUCTILE IRON PIPE SEWER LF 60 60 60 < wz 56 2503.521 51" SPAN RC PIPE -ARCH SEWER CL IIA LF 245 245 245 C ULui Lu r 1 N W �Qw �a 57 2503.521 58" SPAN RC PIPE -ARCH SEWER CL IIA LF 125 125 125 O N O QCz _ �U w 58 2503.541 12" RC PIPE SEWER DES 3006CLV LF 270 27p 27p Z_ w 3 59 2503.541 15" RC PIPE SEWER DES 3006 CL V LF 430 430 430 W Q N Z V 60 2503.541 18" RC PIPE SEWER DES 3006CLV LF 30 30 30 O 61 2503.541 21" RC PIPE SEWER DES 3006CLV LF 470 470 470 O CV 62 2503.541 24" RC PIPE SEWER DES 3006 CL N LF 30 30 30 63 2503.541 27" RC PIPE SEWER DES 3006 CL LF 40 q0 qp 64 2503.541 30" RC PIPE SEWER DES 3006 CL N LF 35 35 35 65 2503.541 36" RC PIPE SEWER DES 3006CLN LF 630 630 630 66 2503.541 42" RC PIPE SEWER DES 3006 CL N LF 570 570 570 NO REVISION DATE 1 ADD 1 1-19-16 67 2503.601 SANITARY SEWER BYPASS LS 1 1 68 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 3 3 3 69 2503.602 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 5 5 5 o' u 70 2503.602 8"X6" PVC WYE EACH 5 5 5 Q 2f 71 5 2503.602 REPAIR SEWER PIPE EACH 15 15 15 SURVEY PBR/fNA/REH DRAWN ACD/MMAN 72 2503.602 CONNECT TO EXISTING MANHOLE (SANITARY) DESIGNED KMS w CHECKED A1M APPROVED KMS 9'i' PROD. NO. 193BOJ259 o SHfEI NUMBER G0.07R o v SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 EACH i 1 1 73 2503.602 CONNECT TO EXISTING STORM SEWER EACH 9 9 9 74 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1 1 1 xr, VA S° m p�Gs 59 aFo�a ®=m `o 06< a 61' :j E; 19-1 i��z <6V� uu;u� ..ago ALTERNATE #1: 54TH AVENUE NORTH MILL 8 OVERLAY 130 2021.501 MOBILIZATION 2016 MSA INFRASTRUCTURE IMPROVEMENTS 1 CD 4J r. S.A.P. 182-107-013 S.A.P. 182-103-007 S.A.P. 182-108-003 NON PARTICIPATING 2104.501 REMOVE CONCRETE CURB LF 240 STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT Y QUANTITIES 49TH AVENUE NORTH 49TH AVENUE NORTH 48TH AVENUE NORTH QUEBEC AVENUE RECONSTRUCT MILL &OVERLAY TOTAL NORTH 54TH AVENUE NORTH CITY OF NEW HOPE [, UNIT EO REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 NO. 7NOTEMAT.NO.� ITEM QUANTITY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY SANITARY WATER STORM TOTAL o �0 112 2563.601 DETOUR SIGNING LS 1 1 1 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT 113 300 2564.531 SIGN PANELS TYPE C SF 215 215 215 134 2104.505 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY o6' 400 135 2104.509 REMOVE CASTING EA 3 3 136 3 2105.609 HAUL 8 STOCKPILE BITUMINOUS MATERIAL(SPECIAL) TON 250 250 3W Orc 137 2123.610 114 7 2564.537 INSTALLS IGN TYPE SPECIAL EACH 9 9 5 9 138 4 2211.609 AGGREGATE BASE SPECIAL TON 400 400 139 2232.501 MILL BITUMINOUS SURFACE (2) SY 6000 ^foo u 8,000 115 2571.502 DECIDUOUS TREE 6' HT B88 TREE 25 25 GAL 25 425 WyN u 2360.501 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 1020 1.020 142 2360.501 uoz d� TON 40 116 2572.501 TEMPORARY FENCE LF 500 500 500 143 2360.505 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 150 ao�6 150 LINE PAINT LF 4470 1400 1300 2700 1770 z2< 128 117 2582.502 2573.530 STORM DRAIN INLET PROTECTION EACH 45 45 1180 45 129 0 CROSSWALK PAINT SF 950 118 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 2 2 LLo`a Y Wa W ua^� 119 2574.525 LOAM TOPSOIL BORROW (LV) CY 1060 1000 50 1050 10 �zz 120 8 2575.502 SEED MIXTURE 21-111 LB 75 75 121 2575.535 WATER FOR DUST CONTROL MGAL 600 500 50 550 50 122 8 2575.560 HYDRAULIC MULCH MATRIX LB 1900 1900 123 2575.604 EROSION CONTROL COMPOST BLANKET -BLOWN W/SEED SY 8800 8000 200 8200 600 124 2582.501 PAVEMENT MESSAGE PAINT SF 329 84 100 184 145 125 2582.502 4" SOLID LINE PAINT LF 7800 850 1500 2350 5450 z W Q W 126 2582.502 24" SOLID LINE PAINT LF 345 200 65 265 80 1 w O O 127 2582.502 4" BROKEN Z Lu D Z cv a C3 Z WOE :z< UWP Ld �N 50 CL w w LL O N _ re > Z W Q 7- N 130 10 O N NO REVISION DATE 1 ADD 1 1-19-16 SURVEY PBR/1NA/REH DRAWN ACD/MMA/U DESIGNED KMS CHECKED AJM J APPROVED KMS PROJ. NO, 193OM2S SHEET WMBBt 0.09 R SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 ALTERNATE #1: 54TH AVENUE NORTH MILL 8 OVERLAY 130 2021.501 MOBILIZATION LS 1 1 131 2104.501 REMOVE CONCRETE CURB LF 240 240 132 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 125 133 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 300 134 2104.505 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 400 135 2104.509 REMOVE CASTING EA 3 3 136 3 2105.609 HAUL 8 STOCKPILE BITUMINOUS MATERIAL(SPECIAL) TON 250 250 137 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HR 5 5 138 4 2211.609 AGGREGATE BASE SPECIAL TON 400 400 139 2232.501 MILL BITUMINOUS SURFACE (2) SY 6000 8,000 140 2357.502 BITUMINOUS MATERIAL FOR TACKCOAT GAL 425 425 141 2360.501 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 1020 1.020 142 2360.501 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 40 40 143 2360.505 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 150 150 LINE PAINT LF 4470 1400 1300 2700 1770 128 2582.502 4" DOUBLE SOLID LINE PAINT LF 3940 700 480 1180 2760 129 2582.503 CROSSWALK PAINT SF 950 950 950 1 ALTERNATE #1: 54TH AVENUE NORTH MILL 8 OVERLAY 130 2021.501 MOBILIZATION LS 1 1 131 2104.501 REMOVE CONCRETE CURB LF 240 240 132 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 125 133 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 300 134 2104.505 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 400 135 2104.509 REMOVE CASTING EA 3 3 136 3 2105.609 HAUL 8 STOCKPILE BITUMINOUS MATERIAL(SPECIAL) TON 250 250 137 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HR 5 5 138 4 2211.609 AGGREGATE BASE SPECIAL TON 400 400 139 2232.501 MILL BITUMINOUS SURFACE (2) SY 6000 8,000 140 2357.502 BITUMINOUS MATERIAL FOR TACKCOAT GAL 425 425 141 2360.501 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 1020 1.020 142 2360.501 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 40 40 143 2360.505 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 150 150 ugm 42 a€�s Bow9 a`O= mss X02 S osis 0 i06a Us��f oz - 833 .oho 2016 MSA INFRASTRUCTURE IMPROVEMENTS Q% - — —_ 41 S.A.P. 182-107-013 S.A.P. 182.1034)07 S.A.P. 182-1108-M NON PARTICIPATING STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES 49TH AVENUE NORTH RECONSTRUCT 49TH AVENUE NORTH MILL & OVERLAY 49TH AVENUE NORTH TOTAL QUEBEC AVENUE NORTH 84TH AVENUE NORTH CITY OF NEW HOPE 41 - UNIT - - - - -- 3� E _ - -- NO. NOTE MAT. NO. ITEM QUANTITY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY SANITARY WATER STORM TOTAL t i � TDi I`n 177 2531.507 7" CONCRETE DRIVEWAY PAVEMENT SY 360 360 360 178 2563.601 TRAFFIC CONTROL LS 1 1 1 179 2573.502 SILT FENCE, TYPE MACHINE SLICED LF 100 100 �a3 S W w o„z`d 180 2573.530 STORM DRAIN INLET PROTECTION EACH 4 4 4 w spaH{ 181 2574.525 LOAM TOPSOIL BORROW (LV) CY 160 160 160 dz < ° 182 10 2574.607 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 170 170 _ 0 w R 183 2575.535 WATER FOR DUST CONTROL MGAL 50 50 50 2: < 184 2575.604 EROSION CONTROL COMPOST BLANKET -BLOWN W/SEED SY 2300 2,300 2300 i i w --z2 o �i< a ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 1A 185 2582.503 CROSSWALK PAINT SF -450 -450 -450 186 2582.503 CROSSWALK PREFORM THERMOPLASTIC SF 1040 1040 1040 F - Z w F<— j 1w O o ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS Z 0- 187 2563.602 DYNAMIC SPEED DISPLAY SIGN EACH 2 2 2 LL Z N �_ c Z wo LU Z H- :2i < U 0w � L1.1Lu ,Lu 1. INCLUDES GATE VALVE AND BOX O E j� U 2. FORTREETRENCH = Q z LL U w 3. FOR BITUMINOUS MATERIAL WITH PAVEMENT GEOTEXTILE Z w 4. FOR MILL AND OVERLAY PATCH S. FOR SANITARY SEWER SERVICES LL Z N Q 6. FOR MILL AND OVERLAY STREETS 7. STREET NAME BLADES 8. FORTEMPORARY STABILIZATION O CV 9. INCLUDES GRATE AND FRAME 10. FORAMENDEDSOILS NO REVISION DATE I ADD 1 1-19-16 SURVEY PBR/fNA/REH DRAWN ACD/.MAN DESIGNED KMS 3 CHECKED AJM APPROVED KMS PROD. NO. 793803259 SHEET NIM9& 60.11 R 5 SAP 182-103-007, SAP 182-107.013, SAP 182-108-003 SEE SHETET 6.11 41 i n END EXCEPTION: ^ RELOCATE HYDRANT SAP 182-107-013 n SEE SHEET 6.11 STA. 27+27 RELOCATE HYDRANT REMOVE CONCRETE DRIVEWAY APRON RELOCATE HYDRANT SEE SHEET OS. 1 }I% AND ADJACENT CURB (TYP.) SEE SHEET C6.11 REMOVE TREE (TYP.) I. 7700 3: E p(p� .7 W - - - - - - -- - -- - - - -X- 23+00 --- rt - Y I .; i _ '` '` © ` L i 1 - ! - --- 1 1- - - 3 -- _ I --- - �(------ I - -1 -- l ---.. - t- Y .......- I -_ I — Y tea-- i 1--- Y -- - 1 - 1 - l ... 1.__y.. A 1]+00 i 28+00 O1^' 39+00 30+00 31+00 31}pp 33}pp l-- 34+OD 00 36400. 3]a0p 38+00 39+00 [O c wV'.I I mi I— MBAR M.414 MAIL MIL w :B_ - _ --fre�__�_ 1 �t P /'�•----c-�N j -=oral -..- o-"�� -coAa ' -T7*- _C--B =_ Wi=g=I= G- OHP LnOHP - E B --�' I / _\ / I I I I u I o O I I :Y7605 '�J avr7803 7727 7719 7711 7703 7659 7641 7627 7621 7613 s I II n �a6� I L I 4860 n '" 4856 n LEGEND W LLI u zREMOVE CONC. DRIVEWAY/SIDEWALK W Q REMOVE BIT. DRIVEWAY d`==x z Q4848 [===] REMOVE BIT. PAVEMENT =3 ° a 0 a REMOVE WATER PIPE �[ko N RELOCATE HYDRANT Lu 4844 — — REMOVE CURB/GUTTER Z Q REMOVE TREE R., U SALVAGE SIGN & POST 2 0 50 100 4824 4820 04 w z O 49TH AVENUE NORTH TRAIL (ALTERNATE NO. 2) wz 0 0 w N W Il_ N Q z 2�� 0` N Z LuO� 5 =)- O RELOCATE HYDRANT ` U :2 SEE SHEET C6.12 U Lu w Lu O Y ALVAGE METAL RAILING 0 ~ N RELOCATE HYDRANT EXISTING UTILITY EASEMENT (TYP.) Q Z REMOVE CONCRETE SEE SHEET C6.12 _ SIDEWALK (lYP) QQ NEW HOPE u- U o ICE ARENA WQ o is U 7400 7300 z Z 740 I - �I�\ A/ / 1 H U _z / w ,. - .. - - - - o N _t38+01) 39}00 X00 91+00 +. 4340D 4j 44}00 95+00 5+--- / 96+00 97400 47+49 -=-=G�''G--=-TB-- Z,=ti-:-tea--z;B 6-713 // END PROJECT: 1 S i 1 :f7605 ij /SAP 182-107-013 h4800 STA. 46+60 7613 it A /NO REVISION DATE A I IY / / REMOVE 4' OF CONCRETE FLUME (SAWCUT INCIDENTAL) i ADD I I_w-I6 e I I W I A I D a =� Z I > I A Q �+ W I w N FA I A D CHECKESIGNCHECKED M i m APPROVED KMS 0 50 100 PRO0.140. 199803259 SHEEINUMBER x SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 C0'02R x g'g�8 o�5s Bow �orco s2. 8z�= `oozes >F2i Dw0 o> <u< �u>o °u R. . o?o j 0 PROPOSED SPOT REPAIR IX. CURB AND GUTTER ONLY AS DIRECTED VARIESVARIES VARIES - BY ENGINEER ��— PARKING I THRU LANE THRU LANE 44TH: BY 49TH: 14' 49TH: 19' QUEBEC: 8-14 QUEBEC: t7-17 QUEBEC: 13-15 -. 54TH: B' 59TH: 17 ................ 54TH: 19' 1 1 ...... ... .. ... 2" MILL 2" - SP 9.5 (3,C) WEARING COURSE (SPWEA340C) .. TACK COAT NOR ROW 7'-30' 4" PERFORATED PVC DRAINTILE W/SOCK FULL WIDTH MILL & OVERLAY NOT TO SCALE AVENUE N 49TH AVENUREUEBEC N - (WINNETKATO NEVADA) 54TH AVENUE N PROPOSED CL V-20' ' 8618 CONCRETE 10'TRAIL 1 CURB &GUTTER BLW f* 2% 1 --VARIES _ VARIES . 1-1/2" SP 12.5 WEARING COURSE (3,C) SPWEB34OC-2017 TACK COAT 2-1/2" SP 12.5 NON WEARING COURSE (3,B) SPNWB330B 10" CLASS 5 AGGREGATE BASE 24" SELECT GRANULAR BORROW GEOTEXTILE FABRIC FULL RECONSTRUCTION NOT TO SCALE 49TH AVENUE N - NO PARKING STA. 0+90 TO STA. 10+30 STA. 17+20 TO STA. 26+50 PROPOSED NORTROW rk 15'-25 20' 15' THRU LANE �8' 12' B618 CONCRETE PARKING THRE GJRB & GUTTER --VARIES VARIES-- 4" PERFORATED PVC 1-1/2" SP 12.5 WEARING COURSE (3,C) SPWS334OC-2017 DRAINTILE W/SOCK TACK COAT 2-1/2" SP 12.5 NON WEARING COURSE (3,B) SPNNB3308 10" CLASS 5 AGGREGATE BASE 24" SELECT GRANULAR BORROW GEOTEXTILE FABRIC FULL RECONSTRUCTION NOT TO SCALE 49TH AVENUE N - WITH PARKING (YUKON AVE N TO WISCONSIN AVE N) STA. 10+30 TO STA. 17+20 WALL 3" SP 9.5 WEARING COURSE (2,B) (SPWEA230B) 6" - CLASS 5 AGGREGATE BASE GEOTEXTILEFABRIC * LANE WIDTHS VARY AT BOONE AND WINNEFKA TO ACCOMMODATE TURN LANES ** WHERE BOULEVARD IS LESS THAN 2' WIDE, AND ADJACENT TO RETAINING WALLS, STRIPE TRAIL 2' FROM EDGE FOR X CLEAR ZONE SOUTH ROW BLVD 10' TRAIL -4j- 4' --2% CONCRETE RET. WALL TREE TRENCH SEE C8.05 FOR DET. 3" SP 9.5 WEARING COURSE (2,B) (SPWEA230B) 6" - CLASS 5 AGGREGATE BASE GEOTEXTILE FABRIC NORTH ROW 2' C.Z 2' 111' 10' TRAIL EXISTING VA ES B CURB & GUTTER VARIES. .... 2%--..... 3" SP 9.5 WEARING COURSE (2,B) (SPWEA230B) 6" - CLASS 5 AGGREGATE BASE GEOTEXTILE FABRIC TRAIL CONSTRUCTION ALTERNATE NO. 1) NOT TO SCALE 49TH AVENUE N (WINNETKA AVENUE N TO ICE ARENA) COMMERCIAL CONCRETE DRIVEWAY SECTION 7" CONCRETE PAVEMENT 6" CLASS 5 AGGREGATE BASE RESIDENTIAL CONCRETE DRIVEWAY SECTION 6" CONCRETE PAVEMENT 6" CLASS 5 AGGREGATE BASE BITUMINOUS STREET PATCHING SECTION (MILL & OVERLAY STREETS) MIN. 2" SP 12.5 NON WEARING COURSE (3,B) (SPNWB330B) MATCH EXISTING BITUMINOUS THICKNESS IF > 2" 10" CLASS 5 AGGREGATE BASE IF EXISTING BITUMINOUS THICKNESS IS >2", AGGREGATE BASE THICKNESS WILL BE REDUCED TO PROVIDE A TOTAL SECTION OF 12" FROM TOP OF BITUMINOUS BASE GRADE RESIDENTIAL BITUMINOUS DRIVEWAY SECTION 3" 5P 9.5 WEARING COURSE (2,B) (S)WEA240B) 6" CLASS 5 AGGREGATE BASE Q O W z Z C L LL CL O 2 3 L11 Z I— Z LCL L W CSL r CN P Z w00 ftf �?U �Uw Uw 5OQ O' w U ~aa Q�� U Z Q O CN NO REVISK)N DATE I ADD 1 1-19-16 SURVEY PBR/RNA/REH DRAWN ACD/MMAN DESIGNED KMS CHECKED AJM APPROVED KMS PROJ. NO. 193833259 SHES M mm C1.01R V W 41 50' 100' 41 ED 7400 7700 p� I Cc E mi z .......... ------- .............. ........... U i 27+00 +w 29— 324+W 33+. m.w 35+W 35tm 37+w V)ti o T 0 D 06, oc 7803 7727 7719 7711 7703 7659 7641 7627 7621 7613 7605 1 --2' 4860 Lu aw LU TO a END EXCEPTION: rr �2i� SAP 182-107-013 cy ;F .0 STA. 27+2 4856jY z Lu EROSION CONTROL LEGENDi 4 < Lu u t >i;, M i 09 < 2 4848 < ITJ Z 4844 EROSION CONTROL COMPOST BLANKET WITH SEED MIX 25-151 < ZZ 49TH AVENUE NORTH TRAIL (ALTERNATE NO. 2) Lu ui �E =) F— < > > 0 o < V) clf LLJ IL C,4 Z Lu d <Z cg� z a - Uro Ld CLF- a- 0 <L") -0 U - Fj z ILL 0 Q0 3 7= 0 V) z Lu 7400 Boo o z < ....... . . 39.0) too 4S+W/ tm t0l) 47t44 END PROJECT: AP - 7, NO REVISION DATE 4800 STA 46+60 I ADD 1 1-19-16 (y7605 ul z .Li Z > \ END PROJECT. A N SURVEY PgRfrNA/REH' DRAWN ACIIIIIA- u"' / DESIGNED KMS CHECKED AJ. °- O APPROVED "MS 50 100' PROD. NO. 193803259E 49TH AVENUE NORTH TRAIL (ALTERNATE NO. 2) V.] . SAP 182-103-007, SAP 182-107-013, SAP 182-10"03 04R1 0 D =5pT, R! osao 0 6OgF 2tm �mz$ <x` >F�W WDN= woaw ro7� o> i i9 n Dya 030 _o?o II II ! CONNECTTOEX. I I DRAINTILE (2) IV II II I 8616 - I LEGEND ^ir � v OII 1 2 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION !Nn mr'.. 2 EX MH r 1 'I "- o Lu N CONNECTIONS INTO STRUCTURE STORM PIPE. N3 II CONNECT TO EX. ^ I II STORM MH I I! O I 4880 z w LLJ z a z O 0 m 8608 18600 - CONNECT TO . 21" STORM SE 4849 4" PVC SUMI STUB WITH WYE EXTEND 10 LF, CAP (TYP.) 8524 8516 8508 1 I I I -1 I - 0a.1.Pi, I _ -- 4.f-�.'Yi _ 1 z Lu z w Q a Q 4848 /,\ 4" RETAINING WALL` D\RAIZ SEE DETAIL ON SHEET z LL O/CBMH - 1 4849 3+m i z.ao EE SHEET C5.02 FOR 1 . ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR STORM CROSSING PROFILE p LEGEND 8408 OII I 2 4849 4" PVC SUMI STUB WITH WYE EXTEND 10 LF, CAP (TYP.) 8524 8516 8508 1 I I I -1 I - 0a.1.Pi, I _ -- 4.f-�.'Yi _ 1 z Lu z w Q a Q 4848 /,\ 4" RETAINING WALL` D\RAIZ SEE DETAIL ON SHEET z LL O/CBMH - 1 4849 v �c __ 1JA� H - 17A —I F C I t 7I CLEANOUT (TYP II z Lu CONNECT TO EX. 15" STORM SEWER "PERF. PVC D N TILE (TYP.) 1 4900 8316 8306 i2 i 0 C 0 0 �b J ( �� 8" TREE TRENCH'QISTRIBUTION DRAINTILE. SEE DETAIL ON SHEET C8.0! or V i Z (A W Z 04N � � EE SHEET C5.02 FOR 1 . ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR STORM CROSSING PROFILE p LEGEND 8408 8400 1 I 2 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION !Nn mr'.. 2 D v �c __ 1JA� H - 17A —I F C I t 7I CLEANOUT (TYP II z Lu CONNECT TO EX. 15" STORM SEWER "PERF. PVC D N TILE (TYP.) 1 4900 8316 8306 i2 i 0 C 0 0 �b J ( �� 8" TREE TRENCH'QISTRIBUTION DRAINTILE. SEE DETAIL ON SHEET C8.0! or SEE SHEETC5.02 FOR a^ I 1 g W CROSSING PROFILE S I IBC �� ONNECTTOEX.>00 . w �r 24" STORM SEWER �wf3 u a_S pi a� < STORM SEWER z Lu V i Z (A W Z 04N � � Q 1 . ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR p LEGEND DRAIN TILE CONNECTIONS N z 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION !Nn mr'.. ' m OX = NUMBER OF DRAIN TILE WILL REQUIRE 4" PERF. PVC WITH SOCK PLACED PARALLEL TO THE Lu N CONNECTIONS INTO STRUCTURE STORM PIPE. N3 x�rn°'m 3. CONTRACTOR SHALL FIELD VERIFY EXISTING PIPE, STORM 0 50 100 L) U) E � � u DRAINTILE STRUCTURES AND INVERTS SHOWN. PROVIDE OPENINGS TO Q F>>> ZZ SUBGRADE SUBGRADE U -- - CONNECT EXISTING PIPES, HORIZONTALSCALE F_ 0 49TH AVENUE 8300 8224 I :. ---.90_ 900 a ti 1 MANHOLES. W 5. ALL STORM SEWER PIPE IS RCP CLASS 5; UNLESS OTHERWISE NOTED VERTICAL SCALE Z Z r+; 5 ui y+ —gyms 13+m J (4+( 0 r HFd� . u SEE SHEETC5.02 FOR a^ I 1 g W CROSSING PROFILE S I IBC �� ONNECTTOEX.>00 . w �r 24" STORM SEWER �wf3 u a_S pi a� < STORM SEWER z Lu ... i Z (A W Z 04N � � Q 1 . ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR p LEGEND DRAIN TILE CONNECTIONS N z 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION !Nn mr'.. ' m OX = NUMBER OF DRAIN TILE WILL REQUIRE 4" PERF. PVC WITH SOCK PLACED PARALLEL TO THE Lu N CONNECTIONS INTO STRUCTURE STORM PIPE. x�rn°'m 3. CONTRACTOR SHALL FIELD VERIFY EXISTING PIPE, STORM 0 50 100 L) U) MM DRAINTILE STRUCTURES AND INVERTS SHOWN. PROVIDE OPENINGS TO Q F>>> ZZ SUBGRADE SUBGRADE U -- - CONNECT EXISTING PIPES, HORIZONTALSCALE F_ 0 49TH AVENUE NORTH 4. PROTECT EXISTING PIPE CONNECTING TO NEW 0 to 20 I :. ---.90_ 900 - - - - -- _ _ I _. MANHOLES. W 5. ALL STORM SEWER PIPE IS RCP CLASS 5; UNLESS OTHERWISE NOTED VERTICAL SCALE Z Z 40'-27' RCP I A @11.00%... :. .. ..: Z . ! . . EX. SAN! CROSSING -� 1.30 cL. 3 EX SAN. l I I :.. .. _ u/ N m - k - Lu a) z - - - - _ - - -.- ,$9Q---- - -- $90.. ------ - - - ---- - - Q -- -- -- - --- - - -- -- - - - - _ _ - - -- -- -- -- -- - --- - - - - ,- m pn`cyc��r ,N �m WMCROSSING - mlm �.°° M wZ� �i� .vN �m nN I. .. g�rnm�m. .p �mv / p; N p N iV v v + `O �. o N o m EXISTING GROUND OVER STORM SEWER Q z z z z m �> --I .$g... o,o .. m,o. m.o W V -c V o000 ��.Ilp .... I.. UNC----' ~-z .In m .m rn m� m rnmm �rn - i U(/1 K -a 920 --- rn z w ° N o m m �> > > » < rn °f' PROPOSED GROUND OVERSTORM SEWER 920 _... ' --- _..._.. .In _...------ ---- .,`- -- �-Z--z Z z z _ _m ti f> F ---- ----- _....--- - -.-.. ._ . ._ .......---- 77-7 - .. .... ... . 0' ' O...p+30 .. T m CIO . O M - - va t ami -- .� I .. -- - - - - --- .. N b _Wm. - U .. . 0450 O+OD 0+40 w Z 0 0 o Npp M G m F i>>> - - m -.. W N Z� Z W�.. : .. w� .!-.. iV N� - x m.00). 'm .m I .. ....UND_'Z 6D 6D - eco I mvt c arLN PROPOSED m >>D 910 �_ - IO m m v i i$ �_� _. --SUBGRADE ...... .- z z z ¢ - -- -. -�-. ..:...EX.-SAI�LSERVICE-TO-COOPER.910 .,._ cp- 5-00- ... —_N .L�i� ._ =g_ m�rn01 �-, mco00)CDcowD � .;5' u� - WN.-.-.-- m�2�J,» U) FE ''. ocn. ZZZ.._ ..... i. .. .. �- .I O �......... ...... .... I. : ga K2222 ��o --- I 8 900 900-- - -7+ - -- --- -- - _ �. g 1 253'-42' RCP @ 611% CL. 2 7g'-42' RCP xi . 033% / - '-42"PCP -@0.33%CL..2 3�0'"$�6"-RCP-� C 4 I I I .. ' o� I I ^ 890 123'-48' EO. AR H RCP Cad 0.49%CU 2 171'- 42" Ea, ARCH RCP @ 050%., CL. 2 237 70.42 EC ARCH RCP 890 a - -_.. -_ -- --- -- - .._.. -INSULATE EX. SAN. CROSSING - -- - - - - - -- - - -- - - --- - - - - - - - ---- -- -- - �, -- I o - @ AVE PROPOSE-. . . 5 PVC W/ WATERMAIN OFFSET ' I. ., 0.50%CL.2 A A P EX. SAN. CROSSING M CROSSING WITH INSULATION BELOW STORM SEWER INSULATE AT CROSSING 880 - -- — --- ! 880 I :� Im :O D7 :V iN -N .N Vm UJ N l(O ..-,m u) (7 0. Of .� Nln �.(V m.0 I., m. h:m. r;m O m `-.t7 �.m a.'m �O m UJ.m N m O.m �m 40 N. N �... In 47 O (V C7 °. m m m Dj Of I O. p : N (V N N. : f`] (,.� th Q �. N m: (p m W Oi O m •- O N r. M N Q Pj V d: N lit U7 m m :.1� R>m OI m O7 p'O O.O O�'O 0'O Dip 0.0 O 0 0 0 O p 0i0 O 0 0.0 0 .- N_' _ ID' N _ N' _ m N M mlm O).,rn a1.0. D) p1. rn 01 rnI0 m.0 m m rn m. M G, rn,0 m.,rn m rn m m m m m m a' m m-rn °'.m � m .O m... m m o 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 v SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 aox Z z cw 4 L z Lu a °_ r CL CI v U w CKZ 0 H- w �Ua ?LU Z w < V) Y Z WUCL LL w Z 3 Q w "o O SION DATE 1 1-19-16 SURVEY PBR/TNA/REH DRAWN ACD/MMAAJ DESIGNED KMS CHECKED A/M APPROVED KMS PROJ.NO. 193803459 SHEET NUMBER C5.01 R ... i Z (A W Z 04N � � N > Q zLu N OMS !Nn mr'.. ' m Lu��p� m -h .910. x�rn°'m mm Ufnj�ZZ L) U) MM = m F>>> ZZ SUBGRADE SUBGRADE U -- - N x I I I .. UNO!Z ------ - I :. ---.90_ 900 - - - - -- _ _ I _. ! I Lu 301-12� RCP t/T W Z 40'-27' RCP I A @11.00%... :. .. ..: Z . ! . . EX. SAN! CROSSING -� 1.30 cL. 3 EX SAN. l I I :.. .. _ u/ N m - k - Lu a) z - - - - _ - - -.- ,$9Q---- - -- $90.. ------ - - - ---- - - Q -- -- -- - --- - - -- -- - - - - _ _ - - -- -- -- -- -- - --- - - - - ,- m pn`cyc��r ,N �m WMCROSSING - mlm �.°° M wZ� �i� .vN �m nN I. .. g�rnm�m. .p �mv / p; N p N iV v v + `O �. o N o m EXISTING GROUND OVER STORM SEWER Q z z z z m �> --I .$g... o,o .. m,o. m.o W V -c V o000 ��.Ilp .... I.. UNC----' ~-z .In m .m rn m� m rnmm �rn - i U(/1 K -a 920 --- rn z w ° N o m m �> > > » < rn °f' PROPOSED GROUND OVERSTORM SEWER 920 _... ' --- _..._.. .In _...------ ---- .,`- -- �-Z--z Z z z _ _m ti f> F ---- ----- _....--- - -.-.. ._ . ._ .......---- 77-7 - .. .... ... . 0' ' O...p+30 .. T m CIO . O M - - va t ami -- .� I .. -- - - - - --- .. N b _Wm. - U .. . 0450 O+OD 0+40 w Z 0 0 o Npp M G m F i>>> - - m -.. W N Z� Z W�.. : .. w� .!-.. iV N� - x m.00). 'm .m I .. ....UND_'Z 6D 6D - eco I mvt c arLN PROPOSED m >>D 910 �_ - IO m m v i i$ �_� _. --SUBGRADE ...... .- z z z ¢ - -- -. -�-. ..:...EX.-SAI�LSERVICE-TO-COOPER.910 .,._ cp- 5-00- ... —_N .L�i� ._ =g_ m�rn01 �-, mco00)CDcowD � .;5' u� - WN.-.-.-- m�2�J,» U) FE ''. ocn. ZZZ.._ ..... i. .. .. �- .I O �......... ...... .... I. : ga K2222 ��o --- I 8 900 900-- - -7+ - -- --- -- - _ �. g 1 253'-42' RCP @ 611% CL. 2 7g'-42' RCP xi . 033% / - '-42"PCP -@0.33%CL..2 3�0'"$�6"-RCP-� C 4 I I I .. ' o� I I ^ 890 123'-48' EO. AR H RCP Cad 0.49%CU 2 171'- 42" Ea, ARCH RCP @ 050%., CL. 2 237 70.42 EC ARCH RCP 890 a - -_.. -_ -- --- -- - .._.. -INSULATE EX. SAN. CROSSING - -- - - - - - -- - - -- - - --- - - - - - - - ---- -- -- - �, -- I o - @ AVE PROPOSE-. . . 5 PVC W/ WATERMAIN OFFSET ' I. ., 0.50%CL.2 A A P EX. SAN. CROSSING M CROSSING WITH INSULATION BELOW STORM SEWER INSULATE AT CROSSING 880 - -- — --- ! 880 I :� Im :O D7 :V iN -N .N Vm UJ N l(O ..-,m u) (7 0. Of .� Nln �.(V m.0 I., m. h:m. r;m O m `-.t7 �.m a.'m �O m UJ.m N m O.m �m 40 N. N �... In 47 O (V C7 °. m m m Dj Of I O. p : N (V N N. : f`] (,.� th Q �. N m: (p m W Oi O m •- O N r. M N Q Pj V d: N lit U7 m m :.1� R>m OI m O7 p'O O.O O�'O 0'O Dip 0.0 O 0 0 0 O p 0i0 O 0 0.0 0 .- N_' _ ID' N _ N' _ m N M mlm O).,rn a1.0. D) p1. rn 01 rnI0 m.0 m m rn m. M G, rn,0 m.,rn m rn m m m m m m a' m m-rn °'.m � m .O m... m m o 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 v SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 aox Z z cw 4 L z Lu a °_ r CL CI v U w CKZ 0 H- w �Ua ?LU Z w < V) Y Z WUCL LL w Z 3 Q w "o O SION DATE 1 1-19-16 SURVEY PBR/TNA/REH DRAWN ACD/MMAAJ DESIGNED KMS CHECKED A/M APPROVED KMS PROJ.NO. 193803459 SHEET NUMBER C5.01 R o � S N � ROS &m=4 oo°z<s o 2'. 8508 Soo'o ozo ' f u519 ui - 1 5+00 LnS w - N 4901 1 4849 i w z LLIQ Z Q w N Lu z w a 0 z a Lu N :• - _: _- -- - 1 5+00 16 CLEAN OUT (TYP.) - CONNECT TO EX. 15" STORM SEWER 1*1 4J 4J 4" PVC SUMP STU WITH WYE u EXTEND 10 L CAP (TYP.) N v LO � s -g ~ = a 4900 316 8308 8300 8224 8216 8208 u 8200 h ONNECiTO. - 4900 2 O IX8160 1 30" STORM SEWER � yl a o O 1 11 _ u _ © G 1 p 1 I - 0 ! 1 I Oyu I k r' z —TCB 7C F I 12+0a- --SOD <---_-- Qo- — 4 ' \ BMH - 19A1 u s ° p u -a Y o cent 6+ �.m a -}� -1—i_�ti� 00 T 1N B' 41 300 --1�'+ — i-4--- - 1n.00 1--'15-00 CBM x-19 CB -42- � &� —am 17 .^ w - - - � 1 �-.� _ CBMH - In 1' - W LKUN A 1 <f'LL W 2 �' ONNECT TO IX. COOPER HIGH SCHOOL r 24" STORM SEWER ONNECT TO IX. :LEANOUT (TYP.) a <- \ "PERFORATED � ^ "PERFORATED + 15" STORM SEWER 1 r� PVC RETAINING WALL PVC DISTRIBUTION a A UA "SUSGRADE DRAINTILE, SEE SHEET DRAINTILE, SEE SHEET � s3aa o DRAINTILE, SEE C8.05 FOR DETAILS C8.05 FOR DETAILS n SHEETC1.01 STORM SEWER Al I • ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR LEGEND DRAIN TILE CONNECTIONS N 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION O= NUMBER OF DRAIN TILE WILL REQUIRE V PERF. PVC WITH SOCK PLACED PARALLEL TO THE CONNECTIONS INTO STRUCTURE STORM PIPE. 3. CONTRACTOR SHALL FIELD VERIFY EXISTING PIPE, STORM ---- -- = DRAINTILE STRUCTURES AND INVERTS SHOWN. PROVIDE OPENINGS TO 0 50 1o0 CONNECT EXISTING PIPES. Q 4. PROTECT EXISTING PIPE CONNECTING TO NEW HORIZONTAL SCALE 49TH AVENUE NORTH MANHOLES. 0 10 2D o 5. ALL STORM SEWER PIPE IS RCP CLASS 5; UNLESS OTHERWISE NOTED VECALSCALE Z RTI Z Z W W °� DC N 9 < 0" L _ Lu O E, I .. �ZEL0 ?-Wi 950_ i I LLI o z950 _ _- - 0 zCl) W 3 Q>g NNcwiCD MI _ sI_ hLL,Z W> @ nOn NN v Z� _ Z W 940 En D . N N _....._._ - ._. ' `� - .. vi z w3 N 940 — �N10((0(ND mm - _ I Wm m¢�Lu 0#m mm i._N_. i.. V1'>vt0] Up�(h.QV - N -1 N %, ' + py o rnm ' ^in i I U u~izz z zZ N Z m W� r't[3 [?� amv roiN I = �'a,-- m .. � _ Z S N m 8i.m W m .. ... ... ¢ . ... j iV V f010 N ... 'l j (D CI O (`7 y �� (no) .. .- N f9 (") O1 001 m s1 �. N co F¢-' — T- `D Q 930 v n 3 ?'?? m z z w n z g + m ;D `4 EXISTING GROUND OVER =� -�» -. cC ' "- '...._ s — 2. - W __ ._-__ .__._ _ N m R n r. N_N n .�<...._.. _ .__ _. -' - m ~ - w x or o �.. n 3 z ---STORM sEwER .a > » I v ?? col 930 0 a ___ _ Q N - V1 t0 .. N 10 u1 1nN 0101m - - ._._'_ - N.�O.P).NN + co Q: Z.Z ZZ I�N01 —__ _-_ ___.. m0- _....._. 04 wz� -m r;� i` oo�r1� m;52» ` �� mH > =�0lm G, ma) v��r it PROPOSED GROUI�DOVER NI+n nv. N_ �m Utn G:2z Utn �? ¢�»>, m� v�01.ma ! .: ¢ NN v�v ... '...m�l?dici:<nai�:poNo 'o^iN.�. mo m~-ZZZ`z. m' ¢g STORM SEWER ¢g.>� mr�a . O � .. ... } r 0 03 0 0 0 "mom m .. U in W E__ F-.—, p - . m H O 1 2 i vVi `+ p o w m w Z cD a0 n. o vPv v m m m m 2 ai m m m m m m f''I Q�11' Q�11 m r U m In PROPOSED V m z? In U m_ 920 m mm = idi'n.._ m a1d._oiGmi_--- mom'----.....---- --_ 2>> m, > >'> >> _._ _ Q--m35'JiK m 01m 7 SUBGRADE. i I � 920 ._ ¢��_. _. _. .- - '-cvm- -...-Y -"09 Qat io m.m .... ..� vi�-2-z-_'--'-.._: .Tj-m Frz z�z zz -m ��->->-m��j------ u' NIA._ - mr_z v u� oo mw�m mmm ¢ am�3?p az Uma_ ` oNN �n�m� In+ nom mH�>3> mr�> m - s ooiN. s+000mmm �¢�j VmXzZZ Um0? 910 m I ¢ z z v v, �?... - - -— ---- - - --- -� 910 �mm mom_ —� _ -. Um -.4-?.?.._. _._:_U��--. ...... __. + --_- .._- - __ ._-_ __ .__.__ -.... ____-__ -.--. - _ - _,,6L%____30' .-%_.3j5',12-RCP _._._ -, _. -_.._ .... .... a - I ... .. ; ... ..... i .... � 160 15"RCP �-� -X2.07% I . . 4'-12- CP 2.00% P NO REVISION DATE dA-f3q'-12" STRM 1 D�°� i / , _ 1 ADD I 1-79-16 RCP 30'-12" RCP 29't2 RCP .... .. W/M g 900 X262% W M 313-36 RC @ 3 - -'1 230_12'RCP -_-.. 50-15"R_ _ _ 0222% . __..-._.... ..__.- - _@0.50% �- -_ /_._ _. ... oCL EX SAN. GR�$$ING J 900 - 2.l6% @ 1.10, I _ .W M .. ... .. EX. SAN. .. ... i - .. I' a STRM IX SAN. / .. PROP. W/M .. EX. SAN. I „ PROP.W/ EX. SAN. EX. SAN.' ^ 890_ 59'-1s"RCP .. - I . ______. ___ __.. __ < SUBGRADE 3s -1s' Rca ' - -- _ - _ 890 j gg ! 1.25% PROP. W M. INSULATE W M B4 n p I ... .. / / 880 8p0 DRAWN ACD/MMA/U DESIGNED KMS m �p V 'tl7 O n �N (h m N _m(`') m (") m O'.Q \y,O V - - m�NQ 0 'm :^ ' 0mp CHECKED AJM N O to; '7 �'Q r�(O �.V 'n u7 m m n m -N V Ifl:n 01:0> `_,N .>7 N F??n M'..O 1,� M dim n fp I,R. mp p Q) p'O:j V•f(� _ d'Ki?/V V,[7 �'(7 V O m:N �.N O_ N � (D �': co n 16 co bwD n 'n n N m KMS a>a m m m m 01�I.- m.I m APPROVED m 0; m m m m silt m an m .s1 'O1 m m m PROJ. NO. 193803259 o E " .. o°- -0+50 0+00 1+00 2+00 0+00 0+30 0+00 0+58 -0+50 0+00 1+00 1+50 0+00 0+35 13+00 14+00 15+00 16+00 17+00 17+55 C JC"�2R -o v SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 aox z Lu > O CONNECT TO IX. r 15" STORM SEWER 8408 8400 D n, 1 u , 60 LF - 15" RCP @ 1.80% :• - _: _- -- - 1 5+00 16 CLEAN OUT (TYP.) - CONNECT TO EX. 15" STORM SEWER 1*1 4J 4J 4" PVC SUMP STU WITH WYE u EXTEND 10 L CAP (TYP.) N v LO � s -g ~ = a 4900 316 8308 8300 8224 8216 8208 u 8200 h ONNECiTO. - 4900 2 O IX8160 1 30" STORM SEWER � yl a o O 1 11 _ u _ © G 1 p 1 I - 0 ! 1 I Oyu I k r' z —TCB 7C F I 12+0a- --SOD <---_-- Qo- — 4 ' \ BMH - 19A1 u s ° p u -a Y o cent 6+ �.m a -}� -1—i_�ti� 00 T 1N B' 41 300 --1�'+ — i-4--- - 1n.00 1--'15-00 CBM x-19 CB -42- � &� —am 17 .^ w - - - � 1 �-.� _ CBMH - In 1' - W LKUN A 1 <f'LL W 2 �' ONNECT TO IX. COOPER HIGH SCHOOL r 24" STORM SEWER ONNECT TO IX. :LEANOUT (TYP.) a <- \ "PERFORATED � ^ "PERFORATED + 15" STORM SEWER 1 r� PVC RETAINING WALL PVC DISTRIBUTION a A UA "SUSGRADE DRAINTILE, SEE SHEET DRAINTILE, SEE SHEET � s3aa o DRAINTILE, SEE C8.05 FOR DETAILS C8.05 FOR DETAILS n SHEETC1.01 STORM SEWER Al I • ALL DOWNSTREAM STRUCTURES WILL HAVE PRE -CAST HOLES FOR LEGEND DRAIN TILE CONNECTIONS N 2. STORM PIPES SHOWN TO BE LOCATED WITHIN THE STREET SECTION O= NUMBER OF DRAIN TILE WILL REQUIRE V PERF. PVC WITH SOCK PLACED PARALLEL TO THE CONNECTIONS INTO STRUCTURE STORM PIPE. 3. CONTRACTOR SHALL FIELD VERIFY EXISTING PIPE, STORM ---- -- = DRAINTILE STRUCTURES AND INVERTS SHOWN. PROVIDE OPENINGS TO 0 50 1o0 CONNECT EXISTING PIPES. Q 4. PROTECT EXISTING PIPE CONNECTING TO NEW HORIZONTAL SCALE 49TH AVENUE NORTH MANHOLES. 0 10 2D o 5. ALL STORM SEWER PIPE IS RCP CLASS 5; UNLESS OTHERWISE NOTED VECALSCALE Z RTI Z Z W W °� DC N 9 < 0" L _ Lu O E, I .. �ZEL0 ?-Wi 950_ i I LLI o z950 _ _- - 0 zCl) W 3 Q>g NNcwiCD MI _ sI_ hLL,Z W> @ nOn NN v Z� _ Z W 940 En D . N N _....._._ - ._. ' `� - .. vi z w3 N 940 — �N10((0(ND mm - _ I Wm m¢�Lu 0#m mm i._N_. i.. V1'>vt0] Up�(h.QV - N -1 N %, ' + py o rnm ' ^in i I U u~izz z zZ N Z m W� r't[3 [?� amv roiN I = �'a,-- m .. � _ Z S N m 8i.m W m .. ... ... ¢ . ... j iV V f010 N ... 'l j (D CI O (`7 y �� (no) .. .- N f9 (") O1 001 m s1 �. N co F¢-' — T- `D Q 930 v n 3 ?'?? m z z w n z g + m ;D `4 EXISTING GROUND OVER =� -�» -. cC ' "- '...._ s — 2. - W __ ._-__ .__._ _ N m R n r. N_N n .�<...._.. _ .__ _. -' - m ~ - w x or o �.. n 3 z ---STORM sEwER .a > » I v ?? col 930 0 a ___ _ Q N - V1 t0 .. N 10 u1 1nN 0101m - - ._._'_ - N.�O.P).NN + co Q: Z.Z ZZ I�N01 —__ _-_ ___.. m0- _....._. 04 wz� -m r;� i` oo�r1� m;52» ` �� mH > =�0lm G, ma) v��r it PROPOSED GROUI�DOVER NI+n nv. N_ �m Utn G:2z Utn �? ¢�»>, m� v�01.ma ! .: ¢ NN v�v ... '...m�l?dici:<nai�:poNo 'o^iN.�. mo m~-ZZZ`z. m' ¢g STORM SEWER ¢g.>� mr�a . O � .. ... } r 0 03 0 0 0 "mom m .. U in W E__ F-.—, p - . m H O 1 2 i vVi `+ p o w m w Z cD a0 n. o vPv v m m m m 2 ai m m m m m m f''I Q�11' Q�11 m r U m In PROPOSED V m z? In U m_ 920 m mm = idi'n.._ m a1d._oiGmi_--- mom'----.....---- --_ 2>> m, > >'> >> _._ _ Q--m35'JiK m 01m 7 SUBGRADE. i I � 920 ._ ¢��_. _. _. .- - '-cvm- -...-Y -"09 Qat io m.m .... ..� vi�-2-z-_'--'-.._: .Tj-m Frz z�z zz -m ��->->-m��j------ u' NIA._ - mr_z v u� oo mw�m mmm ¢ am�3?p az Uma_ ` oNN �n�m� In+ nom mH�>3> mr�> m - s ooiN. s+000mmm �¢�j VmXzZZ Um0? 910 m I ¢ z z v v, �?... - - -— ---- - - --- -� 910 �mm mom_ —� _ -. Um -.4-?.?.._. _._:_U��--. ...... __. + --_- .._- - __ ._-_ __ .__.__ -.... ____-__ -.--. - _ - _,,6L%____30' .-%_.3j5',12-RCP _._._ -, _. -_.._ .... .... a - I ... .. ; ... ..... i .... � 160 15"RCP �-� -X2.07% I . . 4'-12- CP 2.00% P NO REVISION DATE dA-f3q'-12" STRM 1 D�°� i / , _ 1 ADD I 1-79-16 RCP 30'-12" RCP 29't2 RCP .... .. W/M g 900 X262% W M 313-36 RC @ 3 - -'1 230_12'RCP -_-.. 50-15"R_ _ _ 0222% . __..-._.... ..__.- - _@0.50% �- -_ /_._ _. ... oCL EX SAN. GR�$$ING J 900 - 2.l6% @ 1.10, I _ .W M .. ... .. EX. SAN. .. ... i - .. I' a STRM IX SAN. / .. PROP. W/M .. EX. SAN. I „ PROP.W/ EX. SAN. EX. SAN.' ^ 890_ 59'-1s"RCP .. - I . ______. ___ __.. __ < SUBGRADE 3s -1s' Rca ' - -- _ - _ 890 j gg ! 1.25% PROP. W M. INSULATE W M B4 n p I ... .. / / 880 8p0 DRAWN ACD/MMA/U DESIGNED KMS m �p V 'tl7 O n �N (h m N _m(`') m (") m O'.Q \y,O V - - m�NQ 0 'm :^ ' 0mp CHECKED AJM N O to; '7 �'Q r�(O �.V 'n u7 m m n m -N V Ifl:n 01:0> `_,N .>7 N F??n M'..O 1,� M dim n fp I,R. mp p Q) p'O:j V•f(� _ d'Ki?/V V,[7 �'(7 V O m:N �.N O_ N � (D �': co n 16 co bwD n 'n n N m KMS a>a m m m m 01�I.- m.I m APPROVED m 0; m m m m silt m an m .s1 'O1 m m m PROJ. NO. 193803259 o E " .. o°- -0+50 0+00 1+00 2+00 0+00 0+30 0+00 0+58 -0+50 0+00 1+00 1+50 0+00 0+35 13+00 14+00 15+00 16+00 17+00 17+55 C JC"�2R -o v SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 aox QF 2J 2 ® 2� COrSITRUZCrETE NON -PERF. PVCDRIPER ETAIL RAINTILE SERVICE .� y z � / w z 4" PERF. PVC w IlRAl Q DET ILSTO-19 G DRAIN LE (TYP.) Z END RECONSTRUCTION PATCH V 41 r. fu I 3 M E `I ` 5 REPLACE EX. SANITARY W F ST 9R ON SHEET C8.03 SS EXISTING CASTING TUB PER DETAIL N 08.03 (TYP.) AND RINGS R. 19.33' CONST UCT 5' CONC. D COOPER HIGH w MATCH EX CURB & GUTTER &PAVEMENT (TYP.) CONCRETE DRIVEWAY (TYP) STREETLIGHT BY OTHERS 4897 II I I BEGIN EXCEPTION: SAP 182-107-013 10' BITUMINOUS WALK m"O- F 9 A d R. 19.33' III 8300 822 8216 8208 8200 WAUC 7901 PROTECT EXISTING APRON ER DETAIL STR 9 I PER TYPICAL SECTIONS TO BACK OF TRAIL (TYP.) CHAIN LINK FENCE STA. 26+57 L 1(n ON SHEET C1.01 0 ;a II I lil811 STA. 10+60 - 18+80 4900 ON SH C8.03 (TYP.) 8160 (TYP.) PATCH BITUMINOUS ZEALAND TO VIRGINIA TO BE I H tr `g CONSTRUCTED IN 2017 Z I a PEDESTRIAN 8140 4901 4900 �� DRIVEWAY z = R. 22.33' II TREE TRENCH ? > SEE SHEET C8.05 R. 19.33' p CURB RAMP a YI Y R 14.33' 7940 7920 4901 11 I a � I _ I I R. 19.3 ' I r i Z L7 LJ o K Z .. .4, •19th __+ H 14180 + IS,m-_-' • 16+ 35' FF -* 17+-001 o 18+00 20+00 21+W A 73t0D o — + --r -- __+ 2b+00 I ~ 27+00 � 'YiN' F 30' F -F-. LL NOTES: 1. SEE SHEET C1.01 FOR TYPICAL SECTIONS 2. SEE SHEET T1.01 FOR SIGNAGE AND STRIPING 3. ALL DIMENSIONS TO BACK OF CURB UNLESS OTHERWISE NOTED 4. STREETLIGHT LOCATIONS ARE APPROXIMATE LEGEND REPLACE EX. SANITARY W F •CASTING AND RINGS W/ PER DETAIL STR-16 SS EXISTING CASTING R -1642B AND RINGS (ADJUSTMENT INCIDENTAL) PROTECT COOPER HIGH SCHOOL - \ 4897 II I I 10' BITUMINOUS WALK m"O- I' R. 19.33' III © I z I u < w CONCRETE BLOCK RECONSTRUCT STREET WAUC 7901 PROTECT EXISTING II I PER TYPICAL SECTIONS TO BACK OF TRAIL (TYP.) CHAIN LINK FENCE DETAILS (TYP) L RETAINING WALL ON SHEET C1.01 II I lil811 STA. 10+60 - 18+80 10' BITUMINOUS WALK (2017) ZEALAND TO VIRGINIA TO BE I CONSTRUCTED IN 2017 Z MATCH EXISTING IYI- Lu r PROPOSED CHAINLINK Lu z = FENCE - 2017 (BY OTHERS) TREE TRENCH ? > SEE SHEET C8.05 Z a FOR DETAILS LLJ > (2017) a � Z_ Z L7 LJ K Z NOTES: 1. SEE SHEET C1.01 FOR TYPICAL SECTIONS 2. SEE SHEET T1.01 FOR SIGNAGE AND STRIPING 3. ALL DIMENSIONS TO BACK OF CURB UNLESS OTHERWISE NOTED 4. STREETLIGHT LOCATIONS ARE APPROXIMATE LEGEND REPLACE EX. SANITARY ADJUST & PROTECT •CASTING AND RINGS W/ PER DETAIL STR-16 SS EXISTING CASTING R -1642B AND RINGS (ADJUSTMENT INCIDENTAL) PROTECT HORIZONTAL SCALEO 0 49TH AVENUE NORTH 1 T N N VERTICAL SCALE Z - - --_ 47FF Q a R. 19.33' O R. I PROTECT _ e II - 4856 EX FENCE 4897 II I I 10' BITUMINOUS WALK m"O- I' 1 SEE TYPICAL SECTIONS © I z I u < w 0 ON SHEET C1.01 WAUC 7901 INSTALL CONCRETE CONCRETE APRON PEDESTRIAN CURB RAMP PER MNDOT STANDARD TO BACK OF TRAIL (TYP.) DETAILS (TYP) L r3a� d Lu HORIZONTAL SCALEO 0 49TH AVENUE NORTH 1 T N N VERTICAL SCALE Z - - --_ 47FF Q a age- - - (' _ e R 19.64' 0 —— — m"O- 1 R. 24.33' © I z I u < w 0 4856 10' ITUMBV' WAUC 7901 L r3a� d Lu Q4 END CONSTRUCTION Z MATCH EXISTING IYI- Lu r Lu z = �U > N a � Z LJ 0 50' 100' Z HORIZONTAL SCALEO 0 49TH AVENUE NORTH 1 T N N VERTICAL SCALE Z NOTES: V 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS NOTED OTHERWISE. 2. ALL SPOT ELEVATIONS ARE TO TOP BACK OF CURB s (T/C) OR FINISHED GRADE CENTERLINE (FG). 3. T/C ELEVATIONS REFLECT FULL 6" HIGH CURB BACK, ADJUSTMENTS FOR DRIVEWAYS AND PEDESTRIAN o RAMPS SHALL BE MADE IN THE FIELD. V1 3: uUu ' � 9 O o D �a H o I II I �4N 2f g-oo I I II I g A1 `40o W I STATION=26+31.48QQ m<< w LL o OFFSET=-05.00 uwQi z R 23.00'z 917.26 a -o STATION=26+31.41 II Z SET= -22.67 oW W kO > LA 917.34 Q STATION=26+47.79 Y OFFSET --29.11' Y H.P. U T/C =917.21 z RIM = 916.55 8 H 1 H Z W Q W 26+W O O W W W IL a Z ;ia? 6 Z Lu o :D J T/C = 917.39 U Q 0.5% RIM = 916.73 L1J w Z 0 V) Z <� O LL w 4 STATION=26+31.30 91742 > Z h OFFSET=19.67 >W ooZ 0 917.08 R ° 25.00' Lu Q N Z -_STATION –26+48.58 ® OFFSET=27.57 STATION=26+31.30 OFFSET=44.00 O O N I I I I I I I I PROTECT EXISTING CB II I NO REVISION DAiE d I ADD I 1-1916 o 6� 49TH AVENUE N AND WINNETKA AVENUE N INTERSECTION DETAIL N SURVEY PBR/TNA/REH > DRAWN ACO/MMA/LJ O SO 20 DESIGNED KMS OCHECKED Al. APPROVED KMS PROJ. NO. 19259 ° N 5 K SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 C6.07R hero ggss €G1 SFa: �Or<1 s66 ooi: zmi LLoui i oo �o u3u' 9� i� �N END EXCEPTION: I � I SAP 182-107-013 BEGIN EXCEPTION: STA. SAP 182-107-013 I BEGIN MILL & OVERLAY STA. 26+57 i REPLACE CASTING AND RINGS PER DETAIL STR-19 1 REPLACE CASTING AND RINGS PER DETAIL STR-19 STREET IMPROVEMENTS LEGEND 2" MILL & OVERLAY 0 ' 0 1 1 1 I ` E 1• 7700 1 ` 1 - 0+ 1+9p 3+00 3+00 9+00 5 6+00 ` p+00 8+00 9+00 10+00 II+pO 1 ` 1: +art! 5 7+ — 28+ — 29 — w I1 7901 I MzO f"_ ({ j' 7 1I �I I 0 33_� 39 l 10;-- 91 � m -T-7`(T nv 7719I 7711 I7703 I7659 I7641 7627 I 7621 7613 7605 4860 CW REP CE ASTING ANPRINGS Q 4856 II I, --� z 4848 i i i E I 4 I 4844 z d �-- 832 8:( 48 T 49TH AVENUE NORTH NOTES: 1. GV BOX AND MH ADJUSTMENTS INCLUDE SAND BLAST CLEANING, SEALANT, VARIABLE HEIGHT METAL ADJUSTMENT RISERS, AND SALVAGE AND REINSTALL COVERS. 2. BID ITEMS HAVE BEEN PROVIDED FOR REPLACEMENT OF MANHOLE RINGS AND CASTINGS IF STRUCTURES REQUIRE REPLACEMENT. ALL REPLACEMENTS MUST BE APPROVED BY ENGINEER PRIOR TO WORK BEING COMPLETED. ADJUSTMENT WILL BE INCIDENTAL TO REPLACEMENT. 3. REPLACEMENT OF MH RINGS AND CASTINGS WILL BE DONE PER DETAIL STR-19 ON SHEET C8.03. 4. BITUMINOUS PATCHING WILL BE DONE FOLLOWING MILLING OF EXISTING SURFACE. PATCH BITUMINOUS IN AREAS AS DIRECTED BY ENGINEER PER BITUMINOUS STREET PATCHING SECTION ON SHEET C1.01. NOT ALL AREAS TO BE PATCHED ARE SHOWN ON THE PLANS. PATCHING QUANTITIES ARE ESTIMATED AT 5% OF THE TOTAL BITUMINOUS AREA. 5. REMOVE AND REPLACE CONCRETE CURB AND GUTTER AS DIRECTED BY ENGINEER PER DETAILS STR-29, STR-30, AND STR-31 ON SHEET C8.04. 6. KEEP ALL MILLINGS AND NEW BITUMINOUS MIX OUT OF STORM SEWER CATCH BASINS AND PIPES. CONTRACTOR WILL BE REQUIRED TO REMOVE ANY CONSTRUCTION MATERIALS DEPOSITED IN STORM SEWER CATCH BASINS AND PIPES. I �I' I 1 I I � r' J IGL AND OVERLAY TO STA 45+50 � I ALTERNATE N0. 2: ' 10' BITUMINOUS TRAIL SEE SHEETS C6.11 - C6.12 O i I —! -74Q 1 I ---7300 4800 W Q I it U ! W lh m I I Lu bac to AlSEE SHEET 06.09 END MILL & OVERLAY PROJECT: SAP 7- STA.46+60 Q SAP 182-103-007 0 N (k 100 200 SAP 182-108.003 V 41 r. tm 3: , E u o z `D H F- 0 0 W Z Z C L LL 0 W Z Z Q W K W p i 0 o J 0 CG P h - O w Z U w U w O Oa - NCL } Q�r AUC LL. J Z � Q V) z a o w cq o NOREVISION DATE i ADD, i -" SURVEY PBR/TNA/REH DRAWN ACD/MMA/U DESIGNED KMS CHECKED AJM APPROVED KMS PRO:. NO. 193803259 SHEET NIIn - C6.08R 0 950 g EXISTING D+U EASEMENT (TYP.) 940 --- -- - --- - - - -- --- -- -- - . - --- --- - - - -- -- - - --- 2� A pp VBO 940 940 Quo • - - - - - — . - - - . - --- CONSTRUCT 10' WIDE BITUMINOUS RAIL RESTORE BOULEVARD - - -'- - R --- --- 930 PER TYPICAL SECTION ON SHEET WITH AMENDED SOILS. 920 - -. - -.. - -. - ___- 8 r .__._. ___. --... -.-- SEE 08.05 FOR DETAIL 21 920 e @ o+ RELOCATE HYDRANT OU FILE FINISHED GROUND PRO ! A," s-- aoOm _ 17+69. PVI STA 47 O „m8 I CONNECT TO IX. B" WM (2) PATCH BITUMINOUS DRIVEWAY (TYP) O 2 � < O W 8X6 TEE, 6" GV + BOX CHECKED AJM � PVI EK VO 896.22 : = g 4 0 0 ry •-� .+ 6" 45° BEND 35 LF - 6" PVC INSTALL CONCRETE DRIVEWAYAPRON to L,; _ _ INSTALL SALVAGED HYDRANT PER DETAIL 57R-8 ON SHEET C8.03 (TYP) .... D� LL o.2: o 910 TNH =908.98 W m j :r / d 4 7400 EROJ. NO. 193803259 300 1 910 �o-- a a o._ i 0 o_ _ , r.; _. ... ------ l .?/ ------- 7401 1 - _ rn rn -- -_ _.. � m rn .. _. .�.a i o mm © u—Ir -- 5 o a / x ',. 90+ 0—,'--1 91+0 42tW,r 93100 44+0 — 95+00 9 ry 9r m _ au M E: 695 607 7 i. 900 _m ----� /�------ —r- ----__-- — -- ------------.5 E- 1 R+nn W' i q+nn 1 q+7 i 900 cag m w 4800 C 6.12 R 0 5 % 0:50%93% 2. r SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 s 890V - --- ---_ ----- - -.- - - --- - - - -- - _ _ 1 890 I Lu -I I Lu BASE BID: MILL AND OVERLAY. I > SEE SHEET C6.08 Lu Im Q NOTES: I � 1. SEE SHEET C1.01 FOR TYPICAL SECTIONS I CY '-I- - t 2. SEE SHEET T1.02 FOR SIGNAGE AND STRIPING I I 3. ALL DIMENSIONS TO BACK OF CURB UNLESS OTHERWISE NOTED 4. RELOCATE HYDRANT TO INCLUDE THE FOLLOWING: ^ REMOVE AND REPLACE TEE AT MAIN CONNECT TO EXISTING 8" WATERMAIN (2) I r I I REMOVE EXISTING GATE VALVE IN STREET 6" PVC HYDRANT LEAD NEW 6" GATE VALVE SALVAGE AND REINSTALL EXISTING HYDRANT REMOVE AND REPLACE EXISTING CURB AND GUTTER I 8 UMINOUSSTREETPATCHING 49TH AVENUE NORTH TRAIL - ALTERNATE NO. 2 i I I SP va, 97+0 47.49 /--INSTALL TRAIL TRENCH GRATE PER DETAILS ON 08.06 /-PEDESTRIAN CURB RAMP PER DETAILS NEW HOPE ICE ARENA INSTALL SALVAGED RAILING Q1 RELOCATE HYDRANT CONNECT TO IX. 8" WM (2) 8X6 TEE, 6" GV + BOX 35 LF - 6" PVC INSTALL SALVAGED HYDRANT TNH = 899.91 N (k 0 50 100 HORIZONTAL SCALE 0 10 20 VERTICALSCALE 4J 3 n E fit Oa 14 X05 i Ot _s <Du� �_ R �F00 z a o H 0 LLJZ CZ L Lu CL 0 uj Z Z Lu Z j w 7- U, Q IL a a w v WOE UWo U 5-w �°CL �0 o Q�Q LLUZ Z Q a N Q 10 0 cv NO REVISION DATE 1 ADDI 1-19-1 6 p m' 950 1950 940 --- -- - --- - - - -- --- -- -- - . - --- --- - - - -- -- - - --- - - SUR\'EY PBR/fNA/REH gg �'o pp VBO 940 940 930 -- • - - - - - — . - - - . - --- - ' -- ----- _ _ ° _ ---- : -- - -'- - - - -'- - 30 - - 9 - --- --- 930 - - - DRAWN PCD/MMA/U 920 - -. - -.. - -. - ___- •___-.._ .__._. ___. --... -.-- _ 21 920 -. o+ �; OU FILE FINISHED GROUND PRO ! A," s-- aoOm _ 17+69. PVI STA 47 O 77 7 PVI STA I = 19+41. 14 I I O O i AT TRAIL ¢ O W � PVI KO V00 CHECKED AJM � PVI EK VO 896.22 : ry •-� .+ 00 O Rp m to L,; _ _ i .... D� 910 W m j :r OJ to 1 o WC o.a v I EROJ. NO. 193803259 1 910 �o-- a o_ a--- €*1STING GROUND PROFILE-: .. _.._._...- AT TRAIL¢ I _ rn rn -- -_ _.. � m rn .. _. .�.a i o mm .o .HPy 19t2T....__.- cHIO :� 5 o a ------ _- x ',. ... r 3 .. .. t n �'• w. m "•m+ u 9 ry 9r m _ au M E: 695 607 900 1;+00 m w 1 R+nn W' i q+nn 1 q+7 i 900 cag m w C 6.12 R 0 5 % 0:50%93% 2. r SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 s 890V - --- ---_ ----- - -.- - - --- - - - -- - _ _ 1 890 4J 3 n E fit Oa 14 X05 i Ot _s <Du� �_ R �F00 z a o H 0 LLJZ CZ L Lu CL 0 uj Z Z Lu Z j w 7- U, Q IL a a w v WOE UWo U 5-w �°CL �0 o Q�Q LLUZ Z Q a N Q 10 0 cv NO REVISION DATE 1 ADDI 1-19-1 6 p m' ' I SUR\'EY PBR/fNA/REH gg �'o pp VBO I r : I :. 1 QQQQ O I - ! pp BSO DRAWN PCD/MMA/U - -. - -.. - -. - ___- •___-.._ .__._. ___. --... -.-- __. _-___—____ __...- -____ _. -.. -. _-..___ DESIGNED KMS A," s-- aoOm O W O O O W CHECKED AJM Pv j V' ry •-� .+ 00 O Rp m to L,; KMSAPPROVEDof D� W m OJ W OJ to W O W c0 - EROJ. NO. 193803259 '.,. o a E NUWW 14+nn 1;+00 16+nn n+nn 1 R+nn i q+nn 1 q+7 i C 6.12 R 0 5 % SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 � ! 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U '------''---�/ | ym---------�------'----'-'-------�----�-��-----�---�--�-----��----'-----�---ym | e -40-30 .20'm � +m ~m +m +m +50 nm 928 926oy pm°° 922 DWY ==- Vfkff a� em -920 0.629% om om m--om916---- ---- 914 - - | ----'-'----- ! ------'----- ------� -----'-----'�----� ! ---om -------- 912 -910 mu __910 926 ------ Fppyl +m RP eo NOIREVISION DATE no -- --�-- | om °° | mo---------- oy | --|----� - ow ns --------� yu910 | | -----� uo { !| oo om ' om "18 om 916--- om 916 914-- ao 914 o/z |------ m* � ------ _+20 � -�--- ---ou -----'--^��--'-�'----�----��---'-'--------�---------�--ym ~m *o -20 -10� +10--- +m ~m +m +m -50 ~m -30 'm 'm '� +m +m +m ++o ~so 926 ------ Fppyl +m RP m 920 918 > - --- -----ou vm ~m ~m 0 10 20 NOIREVISION DATE no -- --�-- | om °° | mo---------- � | | --|----� ma------- ! ow ns --------� yu910 | | -----� | { !| oo om ' om "18 om 916--- 916 914-- 914 o/z _+20 yo ~m *o -20 -10� +10--- +m ~m +m +m +m vs ww om p� om nu�� yo mo Url 920 m 918--- 916---- ao om ym oe ou o1z 910 ��-----�---�--�—��-��--»m +m -40-30 -20'm « +m +m +m +m +50 ee------- --------|-- Fppyl +m RP m 920 918 > - --- -----ou vm ~m ~m 0 10 20 NOIREVISION DATE no -- --�-- | --�-- | | | mo---------- � | | --|----� ma------- ! ---- � i .~�______- | --------� yu910 | | -----� | { !| --- -m ----'-�0--�-�`^---'�v'----'----'---�-om � --------|-- Fppyl +m +m m 920 918 > - --- -----ou vm ~m ~m 0 10 20 NOIREVISION DATE SURVEY PBRfrNA/REHao DRAWN ACDI.MAILJ DESIGNED KMS o >2i LL's_ �aQo zap` u<u< oz do u3 oho ZLOH a O 2 N Total Volume Table Station Cut Area Fill Area Cut vd Fill Vol Cum Cut Vol Cum FIII Vol Net Vol NOTE: EARTHWORK TABLE DOES NOT ACCOUNT FOR EXISTING SIDEWALK, DRIVEWAY, OR BITUMINOUS VOLUME TO BE REMOVED. SAP 182-103-007, SAP 182-107-013, SAP 182-108-003 E s =aN v Total Volume Table Station Cut Area Fill Area Cu[ Vol FIII Vd Cum Cut Vd Cum Fill Vol Net Vol 0+00.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0+50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1+00.00 153.10 0.00 141.76 0.00 141.76 0.00 141.76 1+50.00 167.58 0.00 296,93 0.00 438.68 0.00 438.68 1+65.00 170.28 0.01 93.85 0.00 532.53 0.00 532.53 2+00.00 162.29 O.OD 215.55 0.01 748.08 0,01 748.07 2+10.00 168.12 0.00 63.19 0.00 809.27 0.01 809.26 2+50.00 148.47 0.00 234.52 0.00 1043.79 0.01 1043,78 2+75,00 145.12 0.00 135.92 0.00 1179.71 0.01 1179.70 3+00.00 117.25 0.00 121.47 0.00 1301.18 0.01 1301.17 Om tz�<< �40 i Mz ?zoo w F R >oa3 wa U d=F aoo 4 z y Wa _ s3<z h o 3+50.00 112.13 0.00 212.39 0.00 1513.57 0.01 1513.56 3+62.00 114.59 0.00 50.38 0.00 1563.96 0.01 1563.95 4+00.00 199.89 0.40 221.27 0.28 1785.23 0.29 1784.94 4+50.00 112.51 0.00 289.22 0.37 2074.44 0.66 2073.79 4+75.00 135.08 0.00 114.63 0.00 2189.07 0.66 2188.41 S+OO.OD 115.90 0.00 116.20 0.00 2305.27 0.66 2304.61 5+20.00 120.34 0.01 87.50 0.01 2392.76 0.66 2392.10 S+SO,OD 111.75 0.21 128.94 0.12 2521.70 0.79 2520.92 6+00.00 121.66 0.00 216.13 0.19 2737.83 0.98 2736.85 6+50.00 132.65 0.00 735.47 0.00 2973.30 0.98 2972.32 6+85.00 254.39 0.93 250.86 0.61 3224.16 1.59 3222.58 7+00.00 305.86 0.00 155.63 0.26 3379,79 1.85 3377.99 Q O W 7- z V �- OU) 3 W Z H Z W W w Z c t. > W�a F- 5 O X U > -Lu Q�� DeUh Z Q U "'N 10 O N 7+08.00 739.&1 0.57 80.85 0.08 3960.64 1.93 7+50.00 102.96 1.28 266.24 1.44 3726.87 3.37 E372j3.50 8+00.00 121.94 0.66 207.32 1.80 3934.19 5.17 3929.02 8+50.00 120.78 1.58 224.28 2.07 4158.47 7.25 4153.22 8+90.00 132.76 0.00 187.81 1.17 4346.27 8.42 4337.86 9+00.00 133.85 0.00 49.37 0.00 4395.65 8.42 4387.23 9+50.00 130.16 1.10 244.95 1.02 4640,09 9.43 4630.66 10+00.00 239,34 0.00 342.12 1.02 4982.22 10.45 4971.76 10+13.00 263.82 0.00 121.13 0.00 5103.34 10.45 5092.89 10+50.00 147.75 0.00 281.(5 0.00 5385.00 10.45 5374.55 11+00,00 144.82 0.00 270.43 0.00 5655.43 10.45 5644.98 11+50.00 145.43 0.00 268.75 0.00 5924.18 10.45 5913.72 12+00.00 151.08 0.00 274.55 0.00 6198.72 10,45 6188.27 12+28.00 158.01 0.00 160.27 0.00 6358.99 10.45 6348,54 12+50.00 160.31 0.00 129.69 0.00 6488.67 10.45 6478.22 12+60.00 161.09 0.00 59.51 0.00 6548.18 10.45 6537.73 13+00.00 147.77 0.00 228.75 0.00 6776.93 10.45 6766.48 13+37.00 166.08 0.00 215.04 0.00 6991.97 10.45 6981.52 13+50.00 156.95 0.00 77.77 0.00 7069,74 10.45 7059.29 14+00.00 155.34 0.00 289.16 0.00 7358.90 10.45 7348.45 14+13,00 166.73 0.00 77.54 0.00 7436.94 10.45 7425.99 14+50.00 153.96 0.00 219.39 0.00 7655.83 10.45 7645.36 15+00.00 154.99 0.00 285.61 0.00 7941.94 10.45 7930.99 15+25,00 175.79 0.00 153,14 0.00 8094,58 10.45 8084.13 15+50.00 160.50 0.00 155.69 0.00 8250.27 10.45 8239.82 15+63.00 169.06 0.00 79.34 0.00 8329.61 10.45 8319.16 16+00.00 164.90 0.00 228.48 0.00 8558.09 10.45 8547.64 16+40,00 183.30 0.00 257.56 8815.65 10.45 8805.20 16+50.00 187.16 0.00 68.60 8884.25 10.45 8873.80 17+00.00 175.55 0.00 335.83 9220.08 10.45 9209.63 NO REVISION DATE 17+50.00 278.11 0.00 420,05 9640.13 10.45 9629.68 d3.3.4 1 ADO 1 1-19-16 12142.69 18+00.00 147.99 1.35 394.49 30034.62 11.71 10022.92 114.34 18+50.00 138.85 2.25 265.55 10300.17 15.04 10285.12 210,09 18+70.00 142.26 0.03 104.12 0.84 10409.29 15.89 10388.90 12369.31 18+93.00 142.50 0.00 121.29 0.01 10525.57 15.90 10509.67 12352.53 22+70.00 19+00.00 141.35 0.00 36.80 0.00 10562.37 15.90 10546.47 0.05 19+50.00 127.92 0.00 249.32 0.00 10811.69 15.90 10795.79 SURVEY PBRFNA/REH 19+62.00 139.11 0.00 59.34 0.00 10871.03 15.90 10855.13 DRAWN ACD/MMA/LI 12440.51 DESIGNED KMS CHECKED AJM APPROVED KMS PROD. NO. 193803259 (�S.- NUMBER `-' 7. 10 R ZO+00.00 132.75 0.03 190.96 0.02 11061.98 15.92 11046.06 20+22.00 199.22 0.00 135.09 0.01 11197.03 15.93 11181.10 20+50.00 136.97 O.OB 174.32 0.04 11371.35 15.97 11355.38 21+00.00 118.45 0.00 236.50 0.08 11607.85 16.05 11591.80 21+50.00 205.95 0,01 300.37 0.01 11908.23 16.06 11892.17 21+75.00 111.82 0.22 147.12 0.10 12055.34 16.16 12039.18 22+00.00 112.55 0.14 103.87 0.16 12159.22 16.33 12142.69 22+50.00 114.34 0.36 210,09 0.45 12369.31 16.78 12352.53 22+70.00 123.78 0.05 88.19 0.15 12457.50 16.93 12440.51 23+00.00 123.85 0.01 137.58 0.03 12595.08 16.96 12578.11 23+50.00 233.07 0.00 330.49 0.01 12925.57 16.98 12908.59 24+00.00 126.61 0.02 333.09 0.02 13258.60 16.99 13241.61 24+50,00 134.77 0,00 242.02 0.02 13500.62 17.01 13483.61 24+78.00 146.38 0.00 145.78 0.00 13646.40 17.01 13629.39 25+00.00 153.41 0.00 122.14 0.00 13768.54 17.01 13751.52 25+50.00 160.71 0.00 290.86 O.OD 14059.39 17.01 14092.38 25+63.00 172.77 O.OD 80.28 0.00 14139,68 17.01 14122.66 26+00.00 Sfi1.00 0.24 228.70 0.16 14368.37 17.18 14351.20 26+25.00 153.15 0.56 145.44 0,37 14513.81 17.55 14496.26 26+50,00 203.35 1.61 165.05 1.01 14678.86 18.56 14660.30 26+50.00 203.35 1.61 165.05 1.01 14678.86 18.56 14660.30 og�'$ Quos o"u OW� °K> =mB� pr« mo< ioM. VP 12 SECTION _I ® Stantec o�v PRECAST INVERT MUST BE 1/2 DIAMETER OF THE PIPE AND BENCHES SLOPED 2" TOWARD THE INVERT. MANHOLE STEPS SHALL BE PLACED SO THAT OFFSET VERTICAL PORTION OF CONE IS FACING DOWNSTREAM. CASTING AND ADJUSTMENT RINGS AS SPECIFIED. MANHOLE STEPS, 16" ON CENTER. PIPE SHALL BE CUT TO BE 2" INSIDE MANHOLE AT THE PIPE'S MIDPOINT AND HAVE A WATER TITE SEAL, SEE SPECIFICATIONS. ALL DOG HOUSES SHALL BE GROUTED ON INSIDE AND OUTSIDE. tASi REV190N: SANITARY SEWER MANHOLE cMa rch zoos PLATE No. CITY OF NEW HOPE, MN SAN -1 STANDARD CATCH BASIN STRUCTURE (2'X 3) 18" MODIFIED PLANTING SOIL AS SPECIFIED 4' WIDE 10' WIDE BOULEVARD BITUMINOUS TRAIL /_ TOPSOIL 71/Z R ;n } PLAN SECTION HORSESHOE DETAILS PIPE CONNECTION CASTING AND ADJUSTMENT PER SPECIFICATIONS PER AS SPECIFIED. MANHOLE STEPS, 16" ON CENTER 27" A. VARIES 20' 8" TEE VARIES DIP SECTION 12"-16" (EPDXY COATED) PIPE SHALL BE CUT TO BE 2" INSIDE HORSESHOES ' MANHOLE AT THE PIPE'S MIDPOINT o (SEE DETAIL) AND HAVE A WATER TIGHT SEAL, C) FILLED WITH SEE SPECIFICATIONS. o m MORTAR ' PRECAST INVERT SHOULD BE 1/2 �''+I •; :.;� DIAMETER OF PIPE AND BENCHES •'' SLOPED 2" TOWARD INVERT. 21" ALL DOG HOUSES SHALL BE GROUTED PRECAST 8"-1/4 BEND (EPDXY COATED) ON THE INSIDE AND OUTSIDE. INTEGRAL WITH BASE SECTION SECTION LAST REVIsoN: SANITARY SEWER DROP INLET Marcn zoos ® Stantec MANHOLE PLATE ND. CITY OF NEW HOPE, MN sAN 4 NOTE: 6" HUB WITH THREADED PVC PWG - DO NOT GLUE 3' ONE PIECE 6" PVC SCH. 40 CLEANOUT RISER 10' PVC LONG SWEE BEND SCH. 40 ow /ENCASE PVC BEND IN CONCRETE MIN. 1/3 CU. YDS. NOTE: ENCLOSE LONG SWEEP BEND OR COMBINATION WYE IN CONCRETE AS SHOWN. 3' 10' LONG TURN 1 T -Y SCH. 40 ENCASE PVC WYE IN CONCRETE MIN. 1/3 CU. YDS. END OF LINE CLEANOUT IN LINE CLEANOUT LAST REVI90N: ® Stantec PVC SERVICE LINE CLEANOUTS Apri12000 PLATE ND. CITY OF NEW HOPE, MN SER -3 NOTE: COORDINATE PLANTING OF TREES VVITHIN AGGREGATE SOILS WITH GENERAL AND LANDSCAPE CONTRACTOR TO DETERMINE THE MOST EFFICIENT MEANS OF PLANTING. TOPSOIL -_-_- = 4' WIDE -- _ BOULEVARD - N B618 CONCRETE CURB AND GUTTER \ 4" PVC DRAINTILE ---� ROCK AGGREGATE SOIL / 8" PVC FEEDER PIPE (STRUCTURAL SOIL BORROW) UNDISTURBED OR 8" PERFORATED PVC COMPACTED SUBGRADE DISTRIBUTION DRAINTILE CLEANOUT EVERY 200' NOTE: COORDINATE PLANTING OF TREES WITHIN AGGREGATE SOILS WITH GENERAL AND LANDSCAPE CONTRACTOR TO DETERMINE THE MOST EFFICIENT MEANS OF PLANTING. TREE TRENCH AT INLET STRUCTURE sEcnoN NOT TO SCALE WET -CAST CONCRETE BLOCK RETAINING WALL (BY MANUFACTURER, APPROVED BY ENGINEER PRIOR TO INSTALLATION) 18" MODIFIED PLANTING SOIL AS SPECIFIED 10' WIDE Cx SAND (24) a CL 1 I— 11=1 11=1 f I=1 I 4" PVC DRAINTILE GEOTEXTILE FILTER/ UNDISTURBED OR COMPACTED FABRIC SUBGRADE ROCK AGGREGATE SOIL (STRUCTURAL SOIL BORROW) 3 TREE TRENCH AND RETAINING WALL SECTION MODULAR BLOCK RETAINING WALL (BY MANUFACTURER, APPROVED BY ENGINEER PRIOR TO INSTALLATION) EL. VARIES -10' TRAIL (TYP.) EL. VARIES -I 4" WHITE STRIPE 2, 6" MIN. 1_MODULAR BLOCK RETAINING WALL 8" PERFORATED PVC DISTRIBUTION DRAINTILE sEcnoN A 5+88-6+75) NOT TO SCALE Al CHAIN LINK FENCE ZL BY OTHERS (2017) 6" HIGH CAP BLOCK, NOTCH TO ALLOW FOR FENCE POSTS 4" ADHESIVE ANCHORS 6" TOPSOIL DRAINAGE ZONE, - CRUSHED FILTER — AGGREGATE MNDOT -III I 3149.2H GEOGRID REINFORCEMENT (IF —-I NECESSARY), SPACING T i—III — AND QUANTITY BY MANUFACTURER. PERF. PVC SCH. 40 DRAIN A ' TILE 4"0 MIN W/SOCK. CONNECT TO 6" PVC ROADWAY DRAIN TILE RETAINED SOIL 10' GEOTEXTILE FABRIC 6" MIN. COMPACTED STRUCTURAL FILL 6" MIN. CONCRETE PAD OR CRUSHED STONE 4" NON -PERFORATED PVC DT MINIMUM 1% SLOPE SAP 182-103-007. SAP NOT TO SCALE Q �I LL z z LLI CL_ O >2 W z FN - z Lu Lu 0 CL N LuOQ U w it COQ � O CLz rn } Q ~ N L U z Q O N NO REVNO REV ISI I AUC I I-19-16 SURVEY PBR/i NA/REH DRAWN ACD/MMA/U DESIGNED KMS CHECKED AJM APPROVED NMS PROD. NO. 19�259 SHEEP NJMBER C8.05R u��11�, 6" HIGH CAP BLOCK 41 a 3/8" PL w/ (2) - 1/2" 0 /R 4" ADHESIVE ANCHORS / DRAINAGE ZONE, CRUSHED FILTER N 3 - / AGGREGATE MNDOT o z m 3149.2H c z n \ 6" TOPSOIL PERF. PVC SCH. 40 DRAIN ff w =_ TILE 4" 0 MIN W/SOCK. 6 1 o a g -- CONNECT TO 4" w w SUBGRADE DRAIN TILE " I = �o9W ? a '— RETAINED SOIL 1!8 GEOTEXTILE FABRIC si- `a �i MIN. CONCRETE PAD w3oo d OR CRUSHED STONE COMPACTED STRUCTURAL FILL I 1_MODULAR BLOCK RETAINING WALL 8" PERFORATED PVC DISTRIBUTION DRAINTILE sEcnoN A 5+88-6+75) NOT TO SCALE Al CHAIN LINK FENCE ZL BY OTHERS (2017) 6" HIGH CAP BLOCK, NOTCH TO ALLOW FOR FENCE POSTS 4" ADHESIVE ANCHORS 6" TOPSOIL DRAINAGE ZONE, - CRUSHED FILTER — AGGREGATE MNDOT -III I 3149.2H GEOGRID REINFORCEMENT (IF —-I NECESSARY), SPACING T i—III — AND QUANTITY BY MANUFACTURER. PERF. PVC SCH. 40 DRAIN A ' TILE 4"0 MIN W/SOCK. CONNECT TO 6" PVC ROADWAY DRAIN TILE RETAINED SOIL 10' GEOTEXTILE FABRIC 6" MIN. COMPACTED STRUCTURAL FILL 6" MIN. CONCRETE PAD OR CRUSHED STONE 4" NON -PERFORATED PVC DT MINIMUM 1% SLOPE SAP 182-103-007. SAP NOT TO SCALE Q �I LL z z LLI CL_ O >2 W z FN - z Lu Lu 0 CL N LuOQ U w it COQ � O CLz rn } Q ~ N L U z Q O N NO REVNO REV ISI I AUC I I-19-16 SURVEY PBR/i NA/REH DRAWN ACD/MMA/U DESIGNED KMS CHECKED AJM APPROVED NMS PROD. NO. 19�259 SHEEP NJMBER C8.05R Hro Sgt m�< miz �p< W � WOo i Oo c� <D o B 0 wQw E+E it l 8" COMPOST -AMENDED SOIL (2" OF COMPOST INCORPORATED INTO 6" TOPSOIL BORROW - 4" SCARIFIED (LOOSENED) SUBSOIL UNDISTURBED SUBGRADE NOTES: 1. TILL/SCARIFY SUBSOIL TO A MINIMUM DEPTH OF 4". 2. ADD 6" TOPSOIL BORROW. 3. ADD 2” COMPOSTAND INCORPORATE INTO TOPSOIL FOR A TOTAL OF 8" OF COMPOST -AMENDED TOPSOIL 4. PROTECT AMENDED SOILS AREA FROM COMPACTION. 5. STABILIZE WITH EROSION CONTROL COMPOST BLANKET AND SEED MIX PER SPECIFICATIONS. AMENDED SOILS 1 sECTTON NOT TO SCALE REMOVE EXISTING CONCRETE WALK UP TO EXPANSION JOINT EXISTING 96-18 CURB 49TH AVENUE N. OSECTION C NOT TO SCALE REMOVE EXISTING CONCRETE WALK UP TO EXPANSION JOINT EXPANSION JOINT OSECTION A NOT TO SCALE 2S" CAST IRON TRENCH GRATE, SEE SPECS FOR MANUFACTURER. MATCH EXISTING (APPROX. 11") 0 6" SELECT GRANULAR BARROW 26" WIDE TRENCH GRATE 2- 94 REBAR DOWEL 12"O.C. WITH SLEEVING, 18!' LONG, 9" MINIMUM EMBEDMENT T' THICK CONCRETE FLUME HEAVY BROOM FINISH ON BOTTOM 7.5'+/- 10' BITUMINOUS TRAIL I EXISTING 8618 CONCRETE CURB AND GUTTER. INSTALL SALVAGED METAL RAILING. _C__ ,C8.06� EXISTING CONCRETE FLUME OPLAN VIEW - TRENCH GRATE N0T TO SCALE PROTECT EXISTING CONCRETE AND RIPRAP EXPANSION JOINTMATERIAL TRENCH GRATEy4 • •• �y. '•+ 4NIDP CONCRETE WALK •• 1-" X 1-%" X X EXISTING B'WIDE CONCRETE SIDEWALK TRENCH GRATE STEEL ANGLE FRAME Y:" NELSON STUD WELDED TO FRAME FRAME, SEE DETAIL B/C8.06. 6" CONCRETE CURB B ODETAIL NOT TO SCALE 2S" CAST IRON TRENCH GRATE, SEE SPECS FOR MANUFACTURER. MATCH EXISTING (APPROX. 11") 0 6" SELECT GRANULAR BARROW 26" WIDE TRENCH GRATE 2- 94 REBAR DOWEL 12"O.C. WITH SLEEVING, 18!' LONG, 9" MINIMUM EMBEDMENT T' THICK CONCRETE FLUME HEAVY BROOM FINISH ON BOTTOM 7.5'+/- 10' BITUMINOUS TRAIL I EXISTING 8618 CONCRETE CURB AND GUTTER. INSTALL SALVAGED METAL RAILING. _C__ ,C8.06� EXISTING CONCRETE FLUME OPLAN VIEW - TRENCH GRATE N0T TO SCALE PROTECT EXISTING CONCRETE AND RIPRAP EXPANSION JOINTMATERIAL Affiw/ev- -.. PROTECT EXISTING • - DOWEL NEW CONCRETE WALK �.• TO EXISTING CONCRETE WALK(TYP.) :i �. ti •• �— PROTECT EXISTING METAL RAILING PROPOSED 4' Olk EXISTING 6' WIDE CONCRETE WALK • 17 EXPANSION JOINT MATERIAL SAP 182-107-013, SAP Q O W Z Z W CL O IN-• Z CW G W O 11 N 0 N O• J Q jOQ UUoe W 5OQ 0 N a a Q � � �Uh Z N 10 O CV NOREVISION DATE I ADD' 1-19-14 SURVEY PBR/INA/REH DRAWN ACD/MMAAJ DESIGNED KMS CHECKED AJM APPROVED KMS PROJ. NO. 19380.9259 $HED NUMBER C8.06R • •• �y. '•+ 4NIDP CONCRETE WALK •• ✓ EXISTING B'WIDE CONCRETE SIDEWALK TRENCH GRATE + ► FRAME, SEE DETAIL B/C8.06. + •S • �' 26" CAST IRON TRENCH GRATE • 'rj8 06 Affiw/ev- -.. PROTECT EXISTING • - DOWEL NEW CONCRETE WALK �.• TO EXISTING CONCRETE WALK(TYP.) :i �. ti •• �— PROTECT EXISTING METAL RAILING PROPOSED 4' Olk EXISTING 6' WIDE CONCRETE WALK • 17 EXPANSION JOINT MATERIAL SAP 182-107-013, SAP Q O W Z Z W CL O IN-• Z CW G W O 11 N 0 N O• J Q jOQ UUoe W 5OQ 0 N a a Q � � �Uh Z N 10 O CV NOREVISION DATE I ADD' 1-19-14 SURVEY PBR/INA/REH DRAWN ACD/MMAAJ DESIGNED KMS CHECKED AJM APPROVED KMS PROJ. NO. 19380.9259 $HED NUMBER C8.06R `aoiz rod° AI`s <<�0- o u o_To W C Abu OZ� OU' aof V II u� 8740 11 I --�I I Z4J CL Nam W Z � W Z IC SPEED Q C7 W a 70 C� W 8160 LLU d zg dols -- SIGN RI -1 ^F%p (0£x0£) r 49TH AVE N y11KON AVE N 2;4 1 0 x P 8408 (30x30) 4 r f `D 0 I I 4D QaY 5-1 O y 8616 8608 I 8600 8524 8516 8508 4901 N (18x6) 49TH AVE N 4D R1-4 WISCONSIN AVE N N 1 (18x6) f I I I I � Z O Z4J CL Nam W Z � W Z IC SPEED Q C7 W ois W 8160 LLU d zg dols -- SIGN A N { I (0£x0£) r 49TH AVE N y11KON AVE N II II 8408 8400 I Ia o II II 1 11 4900316 8308 8300 r f `D 0 I I 4D QaY o 1� II I_ I I O y O � ---- Q t 13' - __ °—/1 b- ® © -w I o O % _ - 4l 12.5' 2+00 3— 4 s+ao 6+00 ( _ /1� ! o T3 15' »a0 a+00 3 ;162 8 9+00 10+ IL+00 12+00 `D rc W 49TH AVE N o 33+00 -- m 6_< z BOONE VEN I 111 IIS°W 4881 II I I . + f f 49TH AVE N "I� I' 4 t E d s I i a$o8 2 4D III II AQUILA AVE N I �Ih49TH AVE _ N +�'m 6 i � Q II 'F I II ZEALAND AVE N N 4880 4849II g h 4848 I 4849 I II { ,►j ®±�. o u w 1 I Q8 4 I I if'� m 1101 ® �" T av30 N I 1 4B - a ° w q N w Rl-1 (o�xoe) RI -1 Z SYMBOLS & MATERIALS LEGEND w� as (30x30) W ___---_ Z li Z 30x30) 1 L -tilts � W W z STRIPING KEY < W { > > _; ¢ ¢ STOP O m STOP ¢ O CIRCLE -EPDXY 1 O g ®sn ALL WAY 15i DIGIT 211 DIGIT 3RD DIGIT N m (R1-4 Q g TRIANGLE - PAINT WIDTH PATTERN COLOR 4',8", ETC. S - SOLID W - WHITE NJ PLASTIC MARKING B - BROKEN Y - YELLOW ¢ W PENTAGON - REMOVEABLE PREFORMED D - DOUBLE B - BLACK 0 50 Imo, SQUARE - POLY PREFORM EXAMPLE: 4SW = 4" SOLID LINE WHITE - EPDXY NOTES. 49TH AVENUE NORTH 6'x3' CROSSWALK BLOCK WHITE PAINT 1. IF ALTERNATE N0. 3 IS AWARDED, THERMOPLASTIC CROSSWALK MARKINGS WILL BE USED IN LIEU OF PAINT AT ALL PEDESTRIAN CROSSWALKS CROSSING 49TH AVE. (� , l PAVEMENT MESSAGE OW) Z 3. INSTALL SALVAGED STREET NAME SIGNS ON NEW POSTS PER DETAIL STR-24 ON SHEET C8.03. 1 w Q w 0 O z mw W 0_r- -- Z �a> Z_ Wo= J w C Z o' F— Q W ULu ® Rl-1-- LL p z LI`1. l z W CL Nam ¢ z DNA IC SPEED Q C7 no 1.p I^ I^ ois 4900 8160 LLU d (OExoE) STOP 8140 SIGN ER SPECIFICATION { I - -% 4BY N (ALTE ATE N0. 4) i Z 4900 00 II I Z 10 WAY 8308 0 8224 8216 8208 8200 R14 (18x6) 49TH AVE N WISCONSIN AVE N N 1 LI`1. l z W CL Nam ¢ z z 0 Q C7 no 1.p I^ I^ ois 4900 8160 LLU d (OExoE) ¢ 8140 4901 I -Til 4D -I { I - -% 4BY N i Z 4900 00 ® o @/mi1 13+00 14+00 15+00 16+00 I]+00 1B+OD 19+00 20+OD 21+ 22100 23+00 $ 29;00 O c Z7i m ! p roA 11 11 i 11 11 13' X00 ^p I I I 49TH AVE N i i © w COOPER HIGH SCHOOL n0I z I i Ig49TH AVE N ©) i II V VIRGINIA AVE N i ® {,, oll I UTAH AVE N I - i I -I N NO REVISION DATE 4S II I 1 I vs �I I ADD 1 1-19.16 oz (OExt'Z) II 4856 4857 II o 4856 1 1 7901 T Z?! 1 11 II I I I I I N >R d RI -1 1 1 & ® I 2 (30x30) I Z R1-1 , I (O S) Lu W 30x30) ; 4 Zi i Lu Z ' I I o� ono 1 ISURVEY P9RRNA/REH 0 SD' 100• DRAWN ACD/.MAN i DESIGNED WS CHECKED AJ. 49TH AVENUE NORTH APPROVED K PROD. NO. 199032599 SHFfi NU.99t T1.01 R SAP 182-103.007, SAP 182-107-013 SAP 182-108-003 z W CL Nam ¢ z z 0 Q C7 no 1.p I^ I^ � = LLU d M ¢ Z K N N ® w N Z Z 4900 00 II I Z 10 II II 7940 7920 4D 4901 II II - 11 1104 O ® o @/mi1 13+00 14+00 15+00 16+00 I]+00 1B+OD 19+00 20+OD 21+ 22100 23+00 $ 29;00 O c Z7i m ! p roA 11 11 i 11 11 13' X00 ^p I I I 49TH AVE N i i © w COOPER HIGH SCHOOL n0I z I i Ig49TH AVE N ©) i II V VIRGINIA AVE N i ® {,, oll I UTAH AVE N I - i I -I N NO REVISION DATE 4S II I 1 I vs �I I ADD 1 1-19.16 oz (OExt'Z) II 4856 4857 II o 4856 1 1 7901 T Z?! 1 11 II I I I I I N >R d RI -1 1 1 & ® I 2 (30x30) I Z R1-1 , I (O S) Lu W 30x30) ; 4 Zi i Lu Z ' I I o� ono 1 ISURVEY P9RRNA/REH 0 SD' 100• DRAWN ACD/.MAN i DESIGNED WS CHECKED AJ. 49TH AVENUE NORTH APPROVED K PROD. NO. 199032599 SHFfi NU.99t T1.01 R SAP 182-103.007, SAP 182-107-013 SAP 182-108-003 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Kellie M. Schlegel, PE Date: January 8, 2016 License # 46200 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2016 Stantec 1 193803259 0001 05- 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions Special Provisions Notice to All Bidders - Bid Rigging Notice to Bidders - Suspensions/Debarments State Funded Construction Contracts - Special Provisions Division A -Labor Notice to Bidders - Prompt Payment to Subcontractors Prevailing Wages for State Funded Construction Projects Notice of Certification of Truck Rental Rates Equal Opportunity (EEO) Special Provisions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition Division 03 to 19 - Not Used TABLE OF CONTENTS © 2016 Stantec 1 193803259 0001 10- 1 FACILITY SERVICES SUBGROUP Divisions 21 to 28 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 1202 Flexible Paving (State Aid Projects) 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 1723 Pavement Markings 32 32 23 Segmental Retaining Wall 32 92 00 Turf and Grasses 32 93 00 Plants Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 08 30 Commissioning of Sanitary Sewer Utilities 33 1000 Water Utilities 33 12 12 Water Services 3331 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 39 00 Sanitary Utility Sewer Structures 33 40 00 Storm Sewer Drainage Utilities 33 46 00 Subdrainage Division 34 - Transportation 3441 05 Traffic Signs and Devices Divisions 35 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP Divisions 40 to 48 - Not Used END OF SECTION TABLE OF CONTENTS © 2016 Stantec 1 193803259 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CST, Thursday, January 28, 2016, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2016 MSA Infrastructure Improvements Project - City Proiect No. 962 In general, Work consists of the reconstruction of water main, services, storm sewer, and streets, as well as mill and overlay of several streets within the City. This Project includes four alternates: Alt. No. 1 is the mill and overlay of 54th Avenue North, Alt. No. 2 is the construction of approximately 2000 feet of bituminous trail along 49th Avenue North, Alt. No. 3 is the installation of thermoplastic crosswalk markings in lieu of paint, and Alt. No. 4 is the installation of dynamic speed display signs. The Project consists of the following approximate quantities for the Base Bid: 10,600 SQ YD Remove Bituminous Pavement 34,700 SQ YD Mill Bituminous Pavement 3,100 LIN FT 6" & 12" PVC Water Main 2,800 LIN FT 12" to 42" RCP Storm Sewer 6,500 LIN FT Concrete Curb and Gutter 7,400 TON Bituminous Pavement (Street) 470 TON Bituminous Pavement (Trail) 9,500 TON Class 5 Aggregate Base 14,000 TON Select Granular Borrow (Modified) 6,500 LIN FT Concrete Curb and Gutter The Project consists of the following approximate quantities for the Alternates: 7,600 SQ YD Mill Bituminous Pavement 1,300 TON Bituminous Pavement (Street) 400 TON Bituminous Pavement (Trail) 1,330 TON Class 5 Aggregate Base 490 LIN FT Concrete Curb 8, Gutter 400 SQ FT Thermoplastic Crosswalk Markings 2 EA Dynamic Speed Display Sign Along with miscellaneous utility improvements, removals, restoration, signing, striping, and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #4200017 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Engineer, Kellie Schlegel, at (651) 604-4734. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. ADVERTISEMENT FOR BIDS © 2016 Stantec 1 193803259 00 11 13- 1 The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota END OF SECTION ADVERTISEMENT FOR BIDS 9) 2015 Stantec 1 193803259 00 11 13-2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the respor,.)ibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13- 1 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-3 determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-4 believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-5 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-6 deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-7 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices ar.,, other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-9 This f )ge Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated October 19, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Reconstruction Roadways." 2. Report dated October 20, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Mil & Overlay." PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2016 Stantec 1 193803259 0031 00- 1 This Page Left Blank Intentionally Stantec BIDDER: - S.R. Weidema, Incorporated DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO.2 2016 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA 2016 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. 2 Addendum Date 1/19/16 /22/16 1/26/16 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D, Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2016$tantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price (s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units city Unit Price To Price BASE BID: 1 MOBILIZATION LS 1-L�u�--ti�� 00 2 CLEARING 3 GRUBBING 4 REMOVE WATER MAIN 5 REMOVE SEWER PIPE (SANITARY) TREE 42 $ -1o - a(-" $ U (°i � 0 TREE 42 $11 6.60 $ L I Y)SU LF 3130 $ LO C� $ 0-i "owl .C -3i) LF 380 $ Q' ")� $ It to 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 2(R) REVISED BID FORM No. Item Units Qly Unit Price Total Price 6 REMOVE SEWER PIPE (STORM) LF 2850 $ 7 REMOVE WATER SERVICE PIPE LF 600 $ �y $ 12�� 8 REMOVE SANITARY SERVICE PIPE LF 200 $ 2-a% $ Wx -w 9 REMOVE CURB & GUTTER LF 6350 $ 3- W $ 1 I to r2u 10 REMOVE CONCRETE PAVEMENT SY 110 $ ZS $ L-{,U-7-CjU 11 REMOVE BITUMINOUS PAVEMENT SY +4' 10605$ !- ZS $ `b r 5% -1 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 180 $ 5rr-V0 $ oo�•JV 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY l S 355 $ - 2 � $ lj — 14 REMOVE CONCRETE WALK SY 1320 $ 5'5L) $ "1 r 2 -UO 15 REMOVE HYDRANT EA 5 $ N iC;� • UO $ 2� 3 G 16 REMOVE GATE VALVE AND BOX EA 8 $ I1 - Dv $ �o 17 REMOVE WATER VALVE MANHOLE EA 3 $ IC/O - 00 $ 1, Z_ O 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EA 35 $ (M '00 $ wv 19 REMOVE MANHOLE (SANITARY) EA 2 $ (476,00 $ °156 _0,� 20 REMOVE CASTING EA 24 $ �5-b� $ l 1 bQ)(3 21 REMOVE SIGN EA 50 $ r* -00 $ Zt J"O 22 REMOVE SIGN TYPE SPECIAL EA 9 $ lc� -�' $ 23 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 85 $ q,d0 $ o -oo 24 SAWING BITUMINOUS PAVEMENT LF 360 $ 3- lz� $ i l 1-20 25 SALVAGE LIGHTING UNIT EA 1 $ 110 -'t $ °L . co 26 COMMON EXCAVATION (P) CY 11700 $ 1-00 $ 165 3w 27 SUBGRADE EXCAVATION (CV) CY 200 $ il 100 $ 1-1 Ll W 28 SELECT GRANULAR BORROW (MODIFIED) TN 17250$ ti 'W $Lr('1.1L1`7- 1 29 GEOTEXTILE FABRIC TYPE V SY 16000$ t' C57 $ U i dw 30 GEOTEXTILE FABRIC TYPE V (SPECIAL) SY 3050 $ lam? $ 1��1=!l110 31 EXCAVATION SPECIAL (CV) CY 2100 $ 'CP $ © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 3(R) REVISED BID FORM No. Item Units Qty Unit Price TotalPrice 32 STRUCTURAL SOIL BORROW (CV) (TREE TRENCH) CY 2030 $ 1-00 $ 33 HAUL & STOCKPILE DITUMINOUS MATERIAL (Sf CCIAL) TN 3500 $ ,C' a $. 34 STREET SWEEPER (WITH PICKUP BROOM) HOUR 58 $ � $ b L4 35 AGGREGATE BASE CLASS 5 TN 9520 $ 2 -do $ L l LtLlqD 36 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 725 $ 2882-00 $ L CJ i q 70 37 MILL BITUMINOUS SURFACE (1.5') SY `'L 130 $ ' b5 $ q3o ' o 38 MILL BITUMINOUS SURFACE (2") SY 34654$ 0-90 $ 1 r1 3y -6 39 BITUMINOUS MATERIAL FOR TACK COAT GAL 1930 $ Z 5 $ Lkicill !J 40 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 5540 $ $ 41 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 115 $ C) $ 11 , n QC-. 00 42 TYPE SP 9.5 WEARING COURSE (2,B) (TRAIL) TON 500 $ X1 2 -Z4_ $ y -11; 43 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 1650 $ • J0 $ 2 -kJ 44 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 500 $ lkIr7-70 $ 0 45 MODULAR BLOCK RETAINING WALL SF 200 $ L40 $ QJ 1004 46 INSTALL CONCRETE BLOCK RETAINING WALL SF 1800 $ 11.Q $ i-0 47 IMPROVED PIPE FOUNDATION LF 1020 $ 0 k $ `0'u 48 8" PVC PIPE DRAIN LF �Q- 100 $ -00 $ 11660 49 8" PERF PVC PIPE DRAIN LF 1100 $ 2L -6o $13-4trr��o(�ll 50 4" PERF PVC PIPE DRAIN LF 6500 $ 5. 00 $ 2 �v 51 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP EA 35 $ '15- CO $ t 1D25 52 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EA 65 $ -i6- 6*0 $�� 53 8" PVC PIPE DRAIN CLEANOUT EA 5 $ 16 6Q $ Z��D 54 INSULATION -4"THICK SY 100 $ Q45 -lib $ M-1-690_ 55 8" DUCTILE IRON PIPE SEWER LF 60 $ IC7` lie $ LAL606 56 51"SPAN RC PIPE - ARCH SEWER CL IIA LF 245 $ C(,(l0 $ 57 58" SPAN RC PIPE - ARCH SEWER CL IIA LF 446 125 $ 4l okX00 11'i6� $ LLA I b-7 r, © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10-4(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 58 12" RC PIPE SEWER DES 3006 CL V LF 270 $ � $ 59 15" RC PIPE SEWER DES 3006 CL V LF 430 $ $ 13Mo 60 18" RC PIPE SEWER DES 3006 CL V LF 30 $ VO $ lAo.b -Go 61 21" RC PIPE SEWER DES 3006 CL V LF 470 $ 3'.-G0 $1 CA 62 24' RC PIPE SEWER DES 3006 CL IV LF 30 $ 4 L. Qv $ L L23a 63 27" RC PIPE SEWER DES 3006 CL IV LF 40 $ 53Q' W $ Z► 1tYQ 64 30" RC PIPE SEWER DES 3006 CL IV LF 35 $ -IQIOJ $ ?-lCJct0 65 36" RC PIPE SEWER DES 3006 CL IV LF 630 $ 60 -00 $�!A, IICU 66 42" RC PIPE SEWER DES 3006 CL IV LF 570 $ 1.00 -d0 $ 157 t0(yo 67 SANITARY SEWER BYPASS LS 1 $ I tSm $ 2-6"o 68 CONNECT TO EXISTING SANITARY SEWER EA 3 $ 11.000 $ 3 L6av 69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 5 $ G00 -W $ I � tSt'� 70 8"X6" PVC WYE EA 5 $ V14,If0 $ 10 - 00 71 REPAIR SEWER PIPE EA 15 $ -U0 $ Cl C) 72 CONNECT TO EXISTING MANHOLE (SANITARY) EA 1 $ t, Zoo $ lL'�Cv 73 CONNECT TO EXISTING STORM SEWER EA 9 $ i4e,a a $ -IL \06 74 CONNECT INTO EXISTING DRAINAGE STRUCTURE EA I $ O OD $ 75 8" OUTSIDE DROP LF 10 $ Qiir -tom $ LA L7-60 76 6" PVC SANITARY SERVICE PIPE LF 200 $ 91,W $ W240 77 8" PVC PIPE SEWER )SANITARY) LF 327 $ U, 01) $tk-112 - 78 CLEAN & VIDEO TAPE PIPE SEWER LF 387 $ -00 $ k k ku k 79 TEMPORARY WATER SERVICE LS 1 $ki L60 $ Q l4;w 80 CONNECT TO EXISTING WATER MAIN EA 10 $ 1t too $ 000 81 CONNECT TO EXISTING WATER SERVICE EA 20 ii $ "1�C7'tSO $Ott 1606 82 HYDRANT EA 7 $q,uSq $ 32 JI LD 83 6" GATE VALVE & BOX EA 15 $ `1 t--f�-- $ L ct L qi © 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - SIR) REVISED BID FORM No. Item Units Qty Unit Price Totol Price 84 12" GATE VALVE & BOX EA 4 $ 3169LO $ L2,llu U 85 1" CORPORATION STOP EA 20 $ 0 $ q I00 86 1" CURB STOP & BOX EA 20 $ 116-00 $ qklpo 87 6" PVC WATERMAIN LF 490 $ - oV $ 2 J 88 12" PVC WATERMAIN LF 2600 $ 30- Q $18 i doo 89 1"TYPE K COPPER PIPE LF 600 $ `to `W $ 2"Lidoo 90 DUCTILE IRON FITTINGS LB 2500 $ •bV $ 91 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EA 2 $��_ $L 92 (SANITARY) CASTING ASSEMBLY EA 24 $ 1 6� $ MOO 93 ADJUST FRAME & RING CASTING EA 7 $ U� $ LA 161,13 94 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (27") EA 1 $ $ 1 0 3 95 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (2'X3') EA 13 $ t� $ 3,0� 96 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (4') EA 10 $ $ 97 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (5) EA 6 $ $ 98 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (6) EA 2 $ 41 �o $ ri l LOc7 99 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (7) EA 4 $ (IL4.$ 100 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (8') EA 2 $ L 10 $� 101 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (9') EA 1 $ - l LA? -3 $ -1,413 102 4" CONCRETE WALK SF 58 $ V-15 $ 1,150 103 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 650 $ .I $ 1`IL 104 CONCRETE CURB & GUTTER DESIGN 6618 LF 5680 $_yam -2I $ ,1 1-) 105 6" CONCRETE DRIVEWAY PAVEMENT SY 585 $ = $ C, Ili kb 106 7" CONCRETE DRIVEWAY PAVEMENT SY 25 $ 5� .3� $ LJ37 107 PEDESTRIAN CURB RAMP SF 1700 $ V- .0 $ k 4 12^ o 108 TRUNCATED DOME PANEL SF 320 $ Cj� $ I -L to 109 TEMPORARY MAIL LS 1 $ It 7l)o 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 6(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 110 INSTALL LIGHTING UNIT EA 1 $ Fli CG $ /a6 O,1 1 1 1 TRAFFIC CONTROL LS 1 $ CC $ 3000' c0 112 DETOUR SIGNING LS 1 $ VOW, $ v 113 SIGN PANELS TYPE C SF 215 $ 30• .:0 $0 114 INSTALL SIGN TYPE SPECIAL EA 9 $ %,,,1Q9-10 $ 115 DECIDUOUS TREE 6' HT B&B TREE 25 $ �%SJ.ty $ .0a 116 TEMPORARY FENCE LF 500 $ $ 117 STORM DRAIN INLET PROTECTION EA 45 $ 49 Si Kw $/ f, .•�"J 118 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 $ _ $A0'9-3Qs_ao 119 LOAM TOPSOIL BORROW (LV) CY 1060 $ $ �r- =LO.O 120 SEED MIXTURE 21 -11 1 LB 75 $ 00 $ 121 WATER FOR DUST CONTROL MGAL 600 $ . X10 7 L,- $ 7 0-6 122 HYDRAULIC MULCH MATRIX LB 1900 $ $ - ASO-, �I(? 123 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 8800 $ 124 PAVEMENT MESSAGE PAINT SF 329 $ �! UCi $ Q� 125 4" SOLID LINE PAINT LF 7800 $ l7•�-FJ $�L= 126 24" SOLID LINE PAINT LF 345 $_ $ 12- 127 4" BROKEN LINE PAINT LF 4470 $ �' �^� ' $ 128 4" DOUBLE SOLID LINE PAINT LF 3940 $ 0 $ t< "130 129 CROSSWALK PAINT SF 950 $ 40 $ to lobo TOTAL BASE BID: $ - fay✓� �,/D o ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 130 MOBILIZATION LS 1 131 REMOVE CURB & GUTTER LF 240 $ _y�"� $ p• 132 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 $ /�� •dySD $ la• opo 133 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 $ (s�. 6 s $ 2a.04&!�v 0 2016 Stantec 1 193603259 REVISED BY ADDENDUM NO.2 00 41 10 - 7(R) REVISED BID FORM No. Item Units Qiy Unit Price Total Price 134 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 $ 9 so $ 135 REMOVE CASTING EA 3 $ '47,S-, d $ 136 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 250 $ sll"O $ /c�✓ 137 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $ra $ , 138 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 400 $ A5, O'J $ 9 ax -go 139 MILL BITUMINOUS SURFACE (2") SY 8000 $ $Q�ct�i 140 BITUMINOUS MATERIAL FOR TACK COAT GAL 425 $ 7--`i0 $ 1►1�� 141 TYPE SP 9.5 WEARING COURSE MIX (3,C) TN 1020 $ \0 2. 2-5 - 12U-hJ $ �, er 5 142 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 40 $ 2Z-- $ L41 � tp� 143 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TN 150 $Q_ $ it 1W 144 ADJUST VALVE BOX EA 2 $-330--ye $66. 049 145 CASTING ASSEMBLY EA 3 $ zgy,.y $49�-o,00 146 ADJUST FRAME & RING CASTING EA 2 d $ , Oo 147 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 240 $ Al, 00 $ O 148 7" CONCRETE DRIVEWAY PAVEMENT SY 35 $ a. ve s-,91- 5,90,00 JI 149 TRAFFIC CONTROL LS 1 $ �, t+0 $ 151 LOAM TOPSOIL BORROW (LV) CY 25 $ o�.sD $ •d'� 150 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 150 $ a.�-© $_�s� 152 24" SOLID LINE PAINT LF 20 $ UO $ (A-l)��J�� 153 4" SOLID LINE PAINT LF 1785 $ CJ�_ )),I $QL 154 4" DOUBLE SOLID LINE PAINT LF 410 $, b- txo $ -Jv 155 4" BROKEN LINE PAINT LF 1750 $ 0- 2 -CS $ �'{ '� •G%� TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY $' /V 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 4110 - 81R) REVISED BID FORM No. Item Units ally Unit Price Total Price ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL (WINNETKA AVE TO RAILROAD) 156 MOBILIZATION LS 1 $ ..-...y7-lo'Qo $ Q°J 157 CLEARING TREE 16 $/ff125fLfL' $J�l�,/O� 158 GRUBBING TREE 16 $ �Or7 $ TQ 159 REMOVE CURB & GUTTER LF 500 $$ •90 160 REMOVE CONCRETE FLUME LF 4 $ AQU no $ �� ,� 161 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 50 $�-0 $ �/' go 162 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 350 $ //��" � $?,369. c5O 163 REMOVE CONCRETE WALK SY 1100 $ $ Vas6w 164 COMMON EXCAVATION (P) CY 600 $ 010• Qo $ �� zo- 60 165 SUBGRADE EXCAVATION (CV) CY 30 $ /01.00 $ 3w. co 166 GEOTEXTILE FABRIC TYPE V SY 2000 $ 1 '>J' $ 1"�),/� 167 AGGREGATE BASE CLASS 5 TN 800 $ /g• DO $ /Z 9W1J�'j 168 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $$ (w 169 TYPE SP 9.5 WEARING COURSE MIX (2,B) (TRAIL) TN 400 $ �• D $ 170 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 20 $ Iq Z 0 $ ► 'b C30 171 SALVAGE & INSTALL METAL RAILING LF 10 $ AD- $a,,a�Autap 172 TRENCH DRAIN LF 4 $ �• $�91 To 173 RELOCATE HYDRANT EA 6 $ ��.5✓�©�.eo $_ z •d0 174 ADJUST FRAME & RING CASTING EA 4 $ c7 Oso $ a, ogo 00 175 4" CONCRETE WALK SF 130 $4,7s- $ .S 176 CONCRETE CURB & GUTTER DESIGN B618 LF 500 $ /or, $ I-Ynao 177 7" CONCRETE DRIVEWAY PAVEMENT SY 360 $ 6/00 $ 5;t/"'.�/ 178 TRAFFIC CONTROL LS 1 $ ��'O•poL 179 SILT FENCE, TYPE MACHINE SLICED LF 100 $�a $ QAC 11yz.00 180 STORM DRAIN INLET PROTECTION EA 4 $ 0 2016 Stantec 1 193603259 REVISED BY ADDENDUM NO.2 00 41 10 - 9(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 181 LOAM TOPSOIL BORROW (LV) CY 160 $_ $c, 182 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 $_ 3 00 g J_1D,9 183 WATER FOR DUST CONTROL MGAL 50 $ 7s" nv $�So GfO 184 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 2300 $ ?7 -00 185 CROSSWALK PREFORM THERMOPLASTIC - ZEBRA SF 500 $��1E'�_ $ OD•CC TOTAL ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL $,9 as�f3.00 (WINNETKA AVE TO RAILROAD) ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 186 CROSSWALK PAINT 187 CROSSWALK PREFORM THERMOPLASTIC TOTAL ALTERNATE NO, 3: THERMOPLASTIC CROSSWALK MARKINGS ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS 188 DYNAMIC SPEED DISPLAY SIGN TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: TOTAL ALTERNATE NO. 2: TOTAL ALTERNATE NO. 3: TOTAL ALTERNATE NO. 4: SF -450 $. kguD $ - 2. � 'e)b 0 SF 1040 $ L `'Vy $ i Cl t -Luo $ 1,19 L`Ydo EA 2 $ -JO , a0 $ dol Y3 o v 0 2016 Siontec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 10(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, 1, SCOtt Weidema (typed or printed name), President (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed S.R. Weidema, Incorporated (name of the person, partnership or corporation submitting this proposal) 17600 113th Ave N (business address) Maple Grove, MN 55369 (City, State and Zip Code) or authorized representative) 1/28/16 Date 02016Stantec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10 - 11(R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security In the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on -januarV 28 12016. Corporation Name: _ S.R. Wei dema. TnCn morated (SEAL) State of Incorporation: Minnesota Type (Ger}e(bj%usiness, Professional, Service, Limited Liability): General (Signature) Name (typed or printed): Scott Weidema Title: President Attes (CORPORATE SEAL) es ema (Signature of Corporate Secretary) usin s Street Address (No P.O. Box Ws): 17600 113th Ave N Phone No.: 763-428-9110 Fax No.: 763-428-9095 Email.: estimating@srweidema.com 02016Sionfec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10 - 12(RI REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we S.R. Weldema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 as Principal, hereinafter called Principal, and Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% -), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2016 MSA Infrastructure Improvements Project; CP No. 962 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed andseale this 28th day of January 2016 . / S.R. Weidema, Inc. (Principal) (Seal) ltness) " (Title) Scott Weidema President Travelers Casualty and Surety Company of America (Surety) (Seal) (Witness) (Title) Lin Ulven, Attorney -in -Fact AIA DOCUMENT A310- BID BOND 3 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ) ss County of \AN\s;W t,kJ ) On this 28th day of January 2016 , before me appeared Scott Weidema , to me personally known, who, being by me duly sworn, did say that he/she is the President of S.R. Weidema, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. Qt ry Public \ �a..� �. 1 County, !�) JAMIE NOEL JONES My commission expires NOTARY PUBLIC MINNESOTA h1y Commotion Erproe Jen, 31, 2019 SURETY ACKNOWLEDGMENT State of Minnesota ) )SS County of Hennepin ) On this 28th day of January 2016 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Travelers Casualty and Surety Company of America , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. L J SANDRA M DOZE NOTARY PUBLIC- MINNESOTA MyCommis*nExplm Notary Public Hennepin County, Minnesota January 31, 20211 My commission expires 1/31/2021 aVARNtNG. THIS POWER OF ATTORNEY IS INVALID WITHRU"t THE RED .til► POWER OF ATTORNEY TRAVELERS1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006554212 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insuratrce Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J, Oestreich, Sandra M. Doze, Jerome T. Ouime(, 1). R. Dougherty, Jack Cedarleal' fl, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writing's obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNES WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Uctober 2015 day of Farmington Casualty Company Fidelity and Guaranty Insuratrce Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 29th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company •�\��AIyCa ��,YILWlfPY"q �#��6 n WCOAPORAttD �i �t��y°� f�<+ �° �r►oaor�s� `'Y �^ ttD u 19 t 2 p r' n writfORD, cow a t�` % o• a .. r ��. j� yy � ,,N � � ftr�`N¢� � � Ig . AW� •j�•....- � r�h'r � 'N+�� I . � �r+Ili AIttT' State of Connecticut City of Hartford ss. By. 9,—. 4-4 Robert L. Raney, . enior Vice President On this the 29th day of October 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p T In Witness Whereof, I hereunto set my hand and official seal. TAN My Commission expires the 30th day of June, 2016. {t p✓T�L�t¢ Marie C. Tetreault, Notary Public V 58440-8-12 Printed in U.S.A. WARNING. -THIS POWER OF ATTORNEY 6 INVALID WiTHCPJTT"E RED BORDER WARNW& THIS POWER OF ATTORNEY * INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of _ �/G�n 20 Kevin E. Hughes, Assistant Seci Lary pASUA� ��iu A. `*N„NSG �1117VA tr ayc pn avyh UIYAQp �#” 6 n Ne0AP01tOta � •E �,�owrotiaifi.�n .q:iA�`�oAMt w J �+ y�rIN4/F � � lA 195 �4�s t•: n l ,1 � , . Eo caear a rux�. a :n � a A't�o T ♦ .. t a To verify the authenticity of this Power of Anomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. 05 ATTORNEY 15 INVALID WITHOUT THE RED SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and S.R. Weidema, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: street and utility improvements on Municipal State Aid routes in the City of New Hope, Minnesota. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2016 MSA Infrastructure Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones, Substantial Completion, and Final Payment A. The following Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, will be completed by the following dates. 1. 49th Avenue South boulevard (Zealand to Virginia) temporary restoration and fence - July 31, 2016. 2. Mill and Overlay paving must be completed within 21 days of milling. B. The Work will be Substantially Completed on or before September 20, 2016, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 31, 2017. C. See Supplemental Conditions (Section 00 73 05) for definition of Substantial Completion. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times AGREEMENT FORM 0 2016 Stantec 1 193803259 0052 10 - 1 specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete, After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid, plus Alternate Nos. 1, 3, and 4 in the amount of Two Million Eight Hundred Sixty Thousand, Four Hundred Eighty -One Dollars and Fifteen Cents ($2,860,481.15). ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submitral and Processing of Payments A, Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions, 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07,A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage), b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). AGREEMENT FORM © 2016 Stantec 1 193803259 005210-2 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.135 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data," Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents, and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, AGREEMENT FORM © 2016 Stantec 1 193803259 005210-3 within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H, Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds, 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2016 MSA Infrastructure Improvements. 7. Addenda (Numbers 1 to 3, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives, c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions, ARTICLE 10- MISCELLANEOUS 10,01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be AGREEMENT FORM 0 2016 Stantec 1 193803259 005210-4 bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding processor in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial-non-competitivelevels, or (c) to deprive Owner of the benefits of free a cld open competition; H 3. "collusive practice" means a scheme or,arrangement between two or more Bidders, with or without the knowledge of Owner; a purpose of which is to establish Bid prices at artificial, non-competitive levels; and = 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2016 Stantec 1 193803259 0052 10-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on �e/� U 2016 (which is the Effective Date of the Agreement). Owner: City ofew-op Minnesota By. Attest:�- Address for giving notices: CITY CLERK NEVA HOPE, NIN 55428 Contractor: S.R. Weidema, Inc By: _ Attest: Address for giving notices: y('00 it 3�" Nv-(- (,,I W�ie C�vDvc, ��1 5� 3b� License No.: (Where Applicable) Designated Representative: Designated Representative: Name; KIRK McDONALD Name: Title: CITY MANAGER Title; Address: 4401 XYLON AVE NO Address: NEW HOPE MN 55428 Phone; 763-531-5100 Phone: 763-531-5136 Facsimile: Facsimile: END OF SECTION AGREEMENT FORM © 2016 Stantec 1 193803259 0052 10-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. Weidema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONTRACT Effective Date of Agreement: February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Description (Name and Location): 2016 MSA Infrastructure Improvements; CP No. 962 New Hope, MN BOND Bond Number: 106450305 Date (Not earlier than Effective Date of Agreement): February 23, 2016 Amount:Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY S.R. Weidema, Inc. (Seal) Travelers Casualty and Surety Company of America (Seal) Contractor's Name and C orate Seal Surety's Name and Corporate Seal By: By: Signature Si n to (Attach Power of Attorney) Scott Weidema Brian J. Oestreich Print Name Print Name President Attorney -in -Fact Title Title Attest: Attest: _ Signature NER Title Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and fornially terniinated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or thro , h independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bund (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other par o): Stantec Consulting Services, Inc., 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 3 of 3 This Page Left Blank Intentionally WARNING: THIS POWER OF RED �I Imo, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006623742 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D. R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2016 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 27th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company P%IY Ary° „�6W 0 WC/1Ot9tP051tA1TED G� �h �'^�� eaEm'��Ypr?N aJtt.0: Sa•� e°RNATka9;�; nm + fuo, :J . , P°. u`r qJ HARTFORD. ARTFONO, o g-a�e3y y\Nw" •Caw. �—,• ol ONNv. �\yI 8oQ .° 5 CON. 2"+EL.sSSL_ A. � T8Y9 By: d4a� Robert L. Raney, enior Vice President On this the 27th day of January 1 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. IWARNING. THIS POWER OF ATTORNEY IS INVALIID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February 20 16 Kevin E. Hughes, Assistant Sec tary 2 Q/.Bu,y�A pyltli� wFIFE 6 �r� p�*N--�M'4G,➢ a�..1M4ugY•4 JP tr AN08 i4Q"q��tyggqqqq�9pppppp•�pppppp6pppppp��-��-I¢) 'L,no '��"Yi�'�9uutt%p9]ro ,� �e1BH9P5DRA1Tm (�=r Gc � •sP n°c mj�pie+E;"OSR•EPyOAR . gLT,n%�,ror"m � �iW"e�dJr ,pS;0.9BVOARgLTt;y:n.spn°,'� z e�P, 9 HAORTOfruOrH. O, .01 � r�1}j8Y9q6/( � �~ tl • A t� $oiu nA Nnn E l ... .;� .. A b To verify the authenticity of this Power of Aitomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. OF ATTORNEV IS INVALID WITHOUT THE RED BORDER PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of S.R. Weidema, Inc. Business): 17600 113th Avenue North Travelers Casualty and Surety Company of America Maple Grove, MN 55369 One Tower Square OWNER (Name and Address): Hartford, CT 06183 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Description (Name and Location): 2016 MSA Infrastructure Improvements; CP No. 962 New Hope, MN BOND Bond Number: 106450305 Date (Not earlier than Effective Date of Agreement): February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY S.R. Weidema Inc. (Seal) Travelers Casualty and Surety Company of America_ (Seal) Contractor's Name and po to Seal Surety's Name and Corporate Seal A / By: By: Signature Senafur ( ttach Power of Attorney) Scott Weidema Brian J. Oestreich Print Name Print Name President Attorney -in -Fact Title Tit!ee— Attest: Attest: i na Signature � C�,(:) Surety Account Representative Title Title Note.- Provide execution bi, additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy. !ie amount of the claim and the name of the party to whom the materials or equipment were Rlinished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to snake payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Naine, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other): Stantec Consulting Services, Inc., 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally WARNING: THIS POWER OF RED BORDER AA POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006623743 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tatter, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D. R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of NVlinnesota , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January _,2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 27th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G,,SU,� F\0.E 6NWy 1 tV A •� J `,yp„ �t•N....NSGda{ 1NSligq P � Y ' � (1 o.°trA9r• RI'i�i�lTtt)G� �< 'I"Ph*kc eOOPP�RA)Fi QJ POR '. •4�, ♦ b9J m`9,, ^•�1'��"Y� �\p� �C� 1 9 8 2 0 '" m Z F — ; n s tU{RTFOHD• <;! a 1896 -, SEALfy.°"i r d 2qs� c d .........•• D� >. •.. a a s 1 y � 1. ! W�NI�xANUW 1S • A1ty.! Ia.......•'/3 `1 fda • � "�// A1i'�� State of Connecticut City of Hartford ss. By: '44a� Robert L. Raney, kenior Vice President On this the 27th day of January 1 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.T�T In Witness Whereof, I hereunto set my hand and official seal. A My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. Marie C. Tetreault, Notary Public V4ARNiNG: THIS POWER OF 4TTORNEY IS INVALID WITHOUTTHE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February 20 16 Kevin E. Hughes, Assistant Sec tart' G�.6U,A 3,�,y"qty "'F1R�E 4 iw IMS• ,rte+ tASV P tY ANO SYq ti Osc • e 1951 �.SEALia�3 "SSAL�° ?• o caw. o + � t� is c°`�ws`...:�.� '>'••• s ,a sr r .fir ,�(� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC ." I S, Am ,J< AN COUNCIL or E.Nm.lc KIN ; COMM', SKILL L ® aMEH��'. 1 IMTf0llT1 "00—S ASCE American Society = National Society of of Civil Engineers Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright C 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.ori7 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies ............................. ...................... 9 ............................ 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data .................................. ................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities ........................ 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Patye iv 00 72 05 ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 1 of 62 00 72 05 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual.—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Tunes commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress pay,. ents during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods ' ldicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 9 of 62 00 7205 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 7205 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlt ;-lent to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either parry may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whole Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 17 of 62 00 7205 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulation, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 20 of 62 72 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Pacuments. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items.- a. tems: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualif as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special perfonnance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adji ; ted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor pen -nit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.1.2 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of. 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright cp 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 34 of 62 00 7205 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.2 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE S — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations,. Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deli ions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 41 of 62 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0 LA, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 42 of 62 00 7205 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of thein may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.01 .A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01 .C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0 LAA, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 48 of 62 0072 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contra -ton's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Clailn therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11 A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Enginf is knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paze 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to detennine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate, for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A26 Add the following language at the end of the definition of Milestone: The 49TH Avenue South Boulevard Temporary Restoration and Fence Milestone is considered complete when the following have been completed between Zealand Ave N and Virginia Ave N: All removals are completed. All storm sewer has been installed. All curb and gutter and roadway draintile has been installed. Rough grading, hydromulch and temporary seeding is complete between the south curb line and the right of way line. Temporary safety fence has been installed along the right of way line between the two existing school fence lines. SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All work except the following: Work in the south boulevard of 491h Ave N, between Zealand Ave N and Virginia Ave N, including but not limited to: trail construction, tree trench installation and tree plantings, retaining wall and associated draintile installation, final restoration. Wear course paving, final structure adjustments, and final striping on the reconstruct streets. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 00 73 05 - 1 ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.8: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Report dated October 19, 2015, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled: "Report of Geotechnical and Pavement Engineering Services: 2016 New Hope Streets - Reconstruction Roadways." a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. 2. Report dated October 20, 2015, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled: "Report of Geotechnical and Pavement Engineering Services: 2016 New Hope Streets - Mill & Overlay." a. All of the information in such drawings constitutes "technical data" on which the Contractor may rely. SC -4.06 Delete Paragraphs 4.06.A and 4.06.6 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-2 SC -5.06.A SC -5.06.A 3. 4. 5. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,OOC b. Products - Completed Operations Aggregate $1,000,OOC c. Personal and Advertising Injury $1,000,OOC d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person Each Accident b. Property Damage: $1,000,000 $1,000,000 Each Accident $1,000,000 Annual Aggregate $1,000,000 Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance 1) Each Accident $2,000,000 2) Aggregate $6,000,000 The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-3 shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. SC -5.06 Add the following new paragraph immediately after Paragraph 5.06.E: Contractor shall purchase and maintain during the entire construction period a Railroad Protective Liability Insurance Policy issued in the name CP Rail with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A copy of the insurance certificate must be provided to CP Rail. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of in the second sentence. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-4 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare -Ind circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-5 b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-6 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Represr,ntative shall not: 1. Authorize any devi(_on from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.8 Amend the first sentence of Paragraph 10.05.8 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.8 by replacing the words "60 days" with the words "30 days." SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-7 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -1 1.0l .A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -1 1.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01 .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-8 ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to a :jitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-9 E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 00 73 05 - 10 BID ATTACHMENT To the New Hope City Council: According to the advertisement of the City of New Hope inviting proposals for the improvements of the section of highway herein before named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the City of New Hope. (1) (We) hereby certify that (1) (we) (am) (are) the only person(s) interested in this proposal as principal (s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever; that an examination has been made of the site of the work and the Contract form, together with the Plans, Specifications and Special Provisions for the improvement. (1) (We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be performed at the unit prices shown on the attached schedule; and that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (1) (We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all in accordance with the terms of the Contract and the Plans, Specifications, and Special Provisions forming a part thereof. (1) (We) further propose to do all Extra Work which may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (I) (We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (1) (We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bonds) equal to twice the full amount of the Contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions, as provided in Mn/DOT 1305. (1) (We) further propose to perform all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work which may be rejected due to defective materials or workmanship, before completion and acceptance of the project by the City of New Hope. (1) (We) agree to all the provisions of Minnesota Statutes 1969, Section 181.59. (1) (We) further propose to begin work and to prosecute and complete the same in accordance with the time schedule set forth in the Special Provisions for the improvement. (1) (We) assign to the City of New Hope all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. This Page Left Blank Intentionally Bid Rigging NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll- free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOTs continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. This Page Left Blank Intentionally NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Pagel of 3 DEPARTMENT OF TRANSPORTATION NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective May 6, 2013 until May 6, 2016: Gary Francis Bauerly and his affiliates, Rice, MN Gary Bauerly, LLC and its affiliates, Rice, MN Watab Hauling Co. and its affiliates, Rice, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective September 17, 2014 until September 17, 2017: • Jeffrey Plzak and his affiliates, Loretto, MN • Laurie Plzak and her affiliates, Loretto, MN • Honda Electric Incorporated and its affiliates, Loretto, MN • Jeffrey and Laurie Plzak doing business as Honda Electric Logistics, and its affiliates, Loretto, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective January 12, 2015 until January 12, 2018: Marlin Dahl, Granada, MN Dahl Trucking, Elmore, MN Elmore Truck and Trailer, Inc., Elmore, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSIONS/DEB ARMENTS December 8, 2015 Page 2 of 3 DEPARTMENT OF ADMINISTRATION As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF SUSPENSION Devos, Ltd. d/b/a Guaranteed Returns December 5, 2014 through December 31, 2099 Dean Volkes, Donna Fallon & Ronald Carlino 100 Colin Drive Holbrook, NY NAME DATE OF DEBARMENT Best Electric May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Best Used Trucks of Minnesota, Inc. Nov. 20, 2012 through Nov. 20, 2015 Jason W. Leas (eligible for reinstatement on Nov. 20, 2016) 635 Marin Avenue Crookston MN 56716 C & S Electric, Inc. May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Dahl Trucking Aug. 19, 2014 through January 12, 2018 Marlin Dahl 305 Highway 169 South Elmore, MN 56027 Elmore Truck and Trailer Repair, Inc. Aug. 19, 2014 through Jan. 12, 2018 Marlin Dahl (eligible for reinstatement on Jan. 12, 2019) 305 Highway 169 South Elmore, MN 56027 Groundscape Maintenance, Inc. February 19, 2015 through February 19, 2016 Rob Sievers (eligible for reinstatement February 19, 2017) 1160 County Road 83 Maple Plain, MN 55359 Honda Electric, Inc. July 24, 2014 through July 23, 2017 Jeffrey and Laurie Plzak (eligible for reinstatement on July 23, 2018) 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 McCaa, Webster & Associates, Inc. May 1, 2014 through April 30, 2015 Sammie McCaa (eligible for reinstatement on April 30, 2016) 2751 Hennepin Avenue South, #301 Minneapolis, MN 55408-1002 MG Carlson Construction Company, Inc. Sept. 5, 2014 through October 5, 2015 Martin Gerald Carlson (eligible for reinstatement on April 5, 2016) 701 East First Street Fort Worth, TX 76102-3276 Ocuture, LLC Dec. 15, 2014 through Dec. 15, 2015 11930 Camby Park Drive (eligible for reinstatement Dec. 15, 2016) Houston, TX 77047 Ramco Heating and Air Conditioning March 11, 2015 through March 11, 201 Mark and Cheryl Ramquist (eligible for reinstatement March 11, 2017) 605 Ash Street Downing, WI 54734 NOTICE TO BIDDERS SUSPENSIONS/DEB ARMENTS December 8, 2015 Page 3 of 3 St. Cloud Lawn & Landscaping.. Inc. February 20, 2015 through February 20, 2016 Pat Murphy (eligible for reinstatement on Feb. 20, 2017) 10602 County Road 2 Brainerd, MN 56401 TAC Construction Solutions, Inc. August 19, 2014 through August 19, 2016 Christina Woods (eligible for reinstatement on August 19, 2017) 31767 Deacons Way Pequot Lakes, MN 56472 Watab Hauling Co. Jan. 14, 2013 through Jan. 14, 2016 Gary Francis Bauerly (eligible for reinstatement on Jan. 14, 2017) 9695 Deerwood Rd. NE Rice, MN 56367 Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: http:%- ww-w. inatud.adnli n.state, mn. LiSi debarredreport.asp. If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: http:i'isam.gov. This list does not include preclusion actions taken by cities, counties or local authorities. Consult local authorities to ensure that contractors, subcontractors and materials suppliers are not currently suspended or debarred. This Page Left Blank Intentionally Rev. 6/3/13 STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR June 3, 2013 I. PREAMBLE It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.' This contract is subject to the Minnesota Prevailing Wage Acte, Rules 3, Wage Decisions, and Truck Rental Rate Schedules established by the Minnesota Department of Labor and Industry (MnDLI). All contractors and subcontractors must pay each laborer and mechanic the established total prevailing wage rate for the actual work performed under this contract. Failure to comply may result in civil or criminal penalties and may compel the Minnesota Department of Transportation (MnDOT) to take such actions as prescribed in section: XVI (NON-COMPLIANCE AND ENFORCEMENT). Upon MnDOT's request, the prime contractor must promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, documents or agreements deemed appropriate by agency to determine compliance with these contract provisions .4 Questions related to the Special Provisions Division A can be directed to the MnDOT Labor Compliance Unit (LCU) by calling (651) 366-4209 or by visiting its website at: www.dot.state.nm.us/const/labor II. DEFINITIONS Terms utilized in the Special Provisions Division A are defined in MnDOT's Standard Specifications for Constructions, unless defined below. A. Contractor: The term "contractor" in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract. 6 B. Employer: An individual, partnership, association, corporation, business trust, or other business entity that hires a laborer, worker, or mechanic.' C. First Tier Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. D. Independent Truck Owner/Operator (ITO): An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity which provides construction services to a public works project.$ E. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.9 F. Prime Contractor: The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. 1 Minnesota Statute 177.41 Z Minnesota Statute 177.41 to 177.44 ' Minnesota Rules 5200.1000 to 5200.1120 4 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 5 MN/DOT Standard Specifications for Construction, Section 1103 6 Minnesota Statute 177.44, Subdivision 1 ' Minnesota Statute 177.42, Subdivision 7 " Minnesota Rules 5200.1106, Subpart 7(A) Minnesota Rules 5200.1106, Subpart 5(A) 1-A Rev. 6/3/13 G. Second Tier Subcontractor: An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. H. Substantially In Place: Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited. 10 I. Truckins Broker: An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided, and making payment to the providers for the services.' 1 J. Truckinla Firm/Multiple Truck Owner (MTO): Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects. 12 III. SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT A. These provisions shall apply to the prime contractor, all subcontractors, or agents contracting to do all or part of the work under this contract. 13 B. The prime contractor is required to ensure that all lower tier subcontractors receive with their written subcontracts, agreements and/or purchase orders a copy of the contract labor provisions (Special Provision — Division A), the contract wage decision(s), and truck rental rate decision(s). C. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case-by-case basis without prior notification. 14 IV. PAYROLL-' AND STATEMENTS A. The prime contractor must submit its payroll statements, along with those of its subcontractors to MnDOT. 15 The payroll statements include a payroll report and a statement of compliance. 16 The statements shall be submitted within fourteen (14) calendar days after the end of each contractor's pay period. 17 All contractors shall pay its employees at least once every fourteen (14) calendar days. 18 B. Payroll Report: the report may be submitted in any manner and must include all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the MnDOT Payroll Form, which is made available on the MnDOT LCU website.19 Each payroll report must include all workers that performed work as a laborer or mechanic under this contract and provide at minimum the following information: 1. contractor's name, address, and telephone number; 2. state project number; 3. payroll report number; 4. project location; 5. workweek end date; 6. each employee's name, home address, and full (or last four digits of) social security number; "'Minnesota Rules 5200.1106, Subpart 5(C) 11 Minnesota Rules 5200.1106, Subpart 7(C) 12 Minnesota Rules 5200.1106, Subpart 7(B) "Minnesota Statute 177.44, Subdivision 14 See International Union of Operating Eng'rs, Local 49 v. MnDOT, No. C6-97-1582,1998 WL 74281, at *2 (Minn. App. Feb. 24, 1998). 15 Minnesota Statute 177.44, Subdivision 7 16 Minnesota Rules 5200.1106, Subpart 10 17 Minnesota Statute 177.30, (a) (4) 18 Minnesota Statute 177.30 (a) (4) 19 www.dot.state.rnn.us/const/labor/fonns.htinl 2-A Rev. 6/3/13 7. labor classification(s) titles and optional three -digit code for each employee; 8. hourly straight time and overtime wage rates paid to each employee; 9. daily and weekly hours worked in each classification, including overtime hours for each employee; 10. authorized legal deductions for each employee; and 11. project gross amount, weekly gross amount, and net wages paid to each employee. 20 D. Statement of Compliance: the payroll report must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of each worker. 21 The prime contractor is required to review the information submitted by each subcontractor and sign the Statement of Compliance Form. E. The prime contractor is responsible for assuring that its payroll reports, and those of each subcontractor, include all workers that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay, and classifications of work performed. 22 F. The prime contractor is responsible for maintaining all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retaining all records for a period of three (3) years after the final contract voucher has been issued .23 All contractors are responsible for maintaining their supporting employment records relating to this contract for a minimum period of three (3) years after the final contract payment has been made; other laws may have longer retention requirements. G. At the end of each pay period, each contractor shall provide every employee, in writing or by electronic means, an accurate, detailed earnings statement. 24 H. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms, or its subcontractors fail to submit same, MnDOT may implement the actions prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). V. WAGE RATES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the state prevailing wage determinations included and/or incorporated into this contract. All contractors shall pay each worker the required minimum total hourly wage rate for all hours worked on the project at the appropriate classification(s) of labor for the work performed by the worker. 1. State highway and heavy wage determinations are issued for ten separate regions throughout the state of Minnesota. If the contract work is located in more than one region, the applicable wage decision for each region shall be incorporated into this contract. If the contract contains multiple state highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rate for each classification of labor. 25 2. State commercial wage determinations are issued for each county throughout the state of Minnesota. If the contract work is located in more than one county, the applicable wage determination for each county shall be incorporated into this contract. If the contract contains multiple commercial wage determinations, each determination applies to the classification(s) of work performed in the county for which it was issued. 21 Minnesota Rules 5200.1106, Subpart 10 and Minnesota Statute 177.30 21 Minnesota Rules 5200.1106, Subpart 10 22 Minnesota Statute 177.30(1)(2)(3)(4) 21 Minnesota Statute 177.30 (a)'(5) 24 Minnesota Statute 181.032 25 Minnesota Statute 177.44, Subdivision 4 3-A Rev. 6/3/13 B. Wage rates listed in the state wage determination(s) contain two components: the hourly basic rate and the fringe rate. The hourly basic rate plus the fringe rate equal the total prevailing wage rate. A contractor shall compensate workers a combination of cash and fringe benefits equaling, at minimum, the total prevailing wage rate.26 C. The certified wage decision(s) incorporated into the contract remains in effect for the duration of this contract unless replaced by the Department through an addendum or supplemental agreement. No increase in the contract price shall be allowed or authorized due to wage rates that exceed those incorporated into this contract. D. From the time a worker is required to report for duty at the project site until the worker is allowed to leave the site, no deductions shall be made from the worker's hours for any delays of less than twenty consecutive minutes. 27 E. In situations where a delay may exceed twenty (20) consecutive minutes and the contractor requires a worker to remain on the premises, or so close to the premises that the worker cannot use the time effectively for the worker's own purposes, the worker is considered "on-calli28 and shall be compensated in accordance with Subpart B of this section, unless the worker is completely relieved of duty and free to leave the premises for a definite period of time29. F. A contractor making payment to an employee, laborer, mechanic, or worker may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.3o G. Deductions from the total prevailing wage rate, whether direct or indirect, shall not be allowed for the following: 1. purchase or rental of uniforms or non -home maintenance of uniforms; 2. consumable supplies, which means materials required to perform duties of employment and are used during the course of employment; travel expenses, which means receipted out-of-pocket expenses for transportation, meals and lodging, or an agreed upon allowance, whichever is greater; or 4. other items as established in Minn. Rules 5200.0090. 31 VI. BONA FIDE FRINGE BENEFITS A. A contractor that does not provide fringe benefits to its employees shall compensate each worker the total prevailing wage rate for the classification of work performed. B. A "funded" fringe benefit plan is one that allows the contractor to make irrevocable contributions on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program without prior approval from the U.S. Department of Labor. Types of "funded" fringe benefits may include, but are not limited to: pension, health insurance, and life insurance. 32 C. An "unfunded" fringe benefit plan or program is one that allows the contractor to furnish an in-house benefit on behalf of an employee. The cost to provide the benefit is funded from the contractor's general assets rather than contributions made to a trustee, third person, fund, plan, or program. Types of "unfunded" fringe benefits may include, but are not limited to: holiday, vacation, and sick plans. 33 26 Minnesota Statute 177.42, Subdivision 6 and 177.44, Subdivision 1 27 Minnesota Rules 5200.0I20,Subpart l 28 Minnesota Rules 5200.0120, Subpart 2 Z' Minnesota Rules 5200.0120, Subpart 3 Minnesota Rules 5200.1106, Subpart 6 Minnesota Rules 5200.0090 'Z 29 CFR Parts 5.26 and 5.27 "29 CFR Part 5.28 4-A Rev. 6/3/13 D. Allowable credit toward the total prevailing wage rate shall be determined for each individual employee based on all hours worked (government and non-government) for bona fide fringe benefits that: 34 1. are contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 2. are legally enforceable; 3. have been communicated in writing to the employee; and 4. are made available to the employee once all eligibility requirements are met. E. No credit shall be allowed for benefits required by federal, state or local law, such as but not limited to: worker's compensation, unemployment compensation, and social security contributions.35 F. A contractor that is obligated to deposit fringe benefit contributions on behalf of its employees into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions is guilty of a gross misdemeanor 36 or other violations under federal law. A contractor found in violation shall compel MnDOT to take such actions as prescribed in section XVI (NON- COMPLIANCE AND ENFORCEMENT). VII. OVERTIME A. A contractor shall not permit or require a worker to work longer than the prevailing hours of labor unless the worker is paid for all hours in excess of the prevailing hours at a rate of at least one and a half (1 '/z) times the hourly basic rate of pay. 37 The prevailing hours of labor is defined as not more than 8 hours per day or more than 40 hours per week.38 B. To calculate the worker's minimum overtime hourly rate: (1) multiply the contract classification's hourly basic rate by 1.5, then (2) add the contract fringe rate, and finally (3) subtract the worker's bona fide hourly fringe benefit costs incurred by the Contractor. C. Contractors subject to the Federal Fair Labor Standards Act may be subject to additional overtime compensation requirements. VIII. LABOR CLASSIFICATIONS A. All contractors must refer to the state wage determinations incorporated into the contract to obtain an applicable job classification. B. All contractors must refer to the Minnesota Rules to determine an appropriate classification of labor based on the tasks performed by a worker on the project.39 If a contractor cannot determine an appropriate job classification, state law requires that the employer assign the worker to a job classification that is the "same or most similar",ao C. Contractors needing assistance in determining a classification of labor must contact the MnDOT LCU for instructions. Determinations and/or disputes concerning the assignment of labor classifications or wage rates fall under MnDLI's statutory authority. IX. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS, AND FOREMAN A. An independent contractor performing work as a laborer or mechanic is subject to the contract prevailing wage requirementsat for the classification of work performed and shall adhere to the 34 Minnesota Statute 177.42, Subdivision 6 35 Minnesota Statute 177.42, Subdivision 6 36 Minnesota Statute 181.74, Subdivision 1 37 Minnesota Statute 177.44, Subdivision 1 18 Minnesota Statute 177.42, Subdivision 4 39 Minnesota Rules 5200.1101 and 5200.1102 °" Minnesota Statute 177.44, Subdivision 1 '' 29 CFR Pact 5.2(o) and Minnesota Statute 177.41 5-A Rev. 6/3/13 requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). B. Pursuant to state regulations, owners, supervisors, and foreman performing the work of a laborer or mechanic42 under the contract43 are considered workers and shall be compensated in accordance with section V (WAGE RATES). Furthermore, the prime contractor and any subcontractor shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); VI (FRINGE BENEFITS); VII (OVERTIME); and VIII (LABOR CLASSIFICATIONS). X. APPRENTICES, TRAINEES AND HELPERS A. An apprentice is not subject to the state wage decision(s) incorporated into the contract, provided the contractor can demonstrate compliance with the following: 44 1. The apprentice is performing the work of his/her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or MnDLI Division of Voluntary Apprenticeship. The apprentice is compensated according to the rate specified in the program for the level of progress. 4. The employer's ratio of apprentices to journeyman workers on the project is not greater than the ratio permitted for the employer's entire work force under the registered program.as B. If a contractor fails to demonstrate compliance with the terms established in Subpart A (1 — 4) of this section, the contractor shall compensate the worker not less than the applicable total prevailing wage rate for the actual classification of labor performed.46 C. A trainee or helper is not exempt under state law; the contractor shall assign the trainee or helper a job classification that is the "same or most similar"47 and compensate the trainee or helper for the actual work performed regardless of the trainee's or helper's skill level. XI. SUBCONTRACTING PART OF THIS CONTRACT A. The prime contractor shall execute a written subcontract with each first tier subcontractor performing work under this contract that includes the Special Provisions Division A - LABOR, contract wage determinations, and truck rental rate decisions. First tier subcontractors acquiring the services of a second tier subcontractor are subject to the same requirements. XII. POSTER BOARDS A. The prime contractor must construct and display a poster board, which contains all required posters, is complete, accurate, legible, and accessible to all project workers from the first day of work until the project is one hundred percent (100%) complete .48 Placement of a poster board at an off-site location does not satisfy this requirement. B. The prime contractor can obtain the required posters by visiting the MnDOT LCU website. The prime contractor will need to furnish its name, mailing address, the type of posters (i.e., state -aid), and the quantity needed. C. Refer to the poster board section of the MnDOT LCU website to obtain applicable contact information for each poster. 42 Minnesota Rules 5200.1106, Subpart 5A 41 Minnesota Statute 177.44, Subdivision 1 44 Minnesota Rules 5200.1070 Q5 MnDLI Division of Apprenticeship — April 6, 1995 Memorandum from Jerry Briggs, Director 46 Minnesota Rules 5200.1070, Subpart 3 47 Minnesota Statute 177.44, Subdivision 1 48 Minnesota Statute 177.44, Subdivision 5 6-A Rev. 6/3/13 XIII. EMPLOYEE INTERVIEWS A. At any time, the prime contractor shall permit representatives from MnDLI or MnDOT to interview its workers, and those of any subcontractor, during working hours on the project.49 XIV. TRUCKING / OFF-SITE FACILITIES A. The prime contractor shall assume responsibility for ensuring its workers, and those of all subcontractors, are compensated in accordance with the state wage determination(s) incorporated into this contract for the following work: 1. processing or manufacturing of material, including the hauling of material to and from a prime contractor's material operation that is not a separately held commercial establishment; 50 2. processing or manufacturing of material, including the hauling of material to and from an off-site material operation that is not considered a commercial establishment; sl 3. hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the truck leaves the work site at some point; 52 4. delivery of materials from a non-commercial establishment to the project and the return haul; 53 5. delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments;" 6. hauling required to remove materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment; ss and 7. delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place", and the return haul either empty or loaded. sb B. The work duties prescribed in Subpart A (1 - 7) of this section do not represent all possible hauling activities and/or other work duties that may be performed under this contract. It is the responsibility of the prime contractor and all subcontractors to be informed about all -applicable job duties that may be subject to the contract labor provisions. C. A contractor acquiring trucking services from an ITO, MTO, and/or Truck Broker to perform and/or provide "covered" hauling activities shall comply with the payment of the certified state truck rental rates.s7 D. Truck hires must be paid the truck rental rate for time spent repairing or maintaining equipment; and for waiting to load or unload (so long as the wait, repair or maintenance, is attributable to the fault of the broker, contractor, or agent and/or employees thereof). s8 E. Prime contractors and subcontractors shall submit, for each month where hauling activities were performed under this contract, a MnDOT, TP -90550 - Month -End Trucking Report and MN/DOT, TP -90551 — Month-end Trucking Statement of Compliance Form, along with each ITOs, MTOs and/or Truck Brokers reports to MnDOT .59 The specifications regarding the dates for submission can be found near the bottom of the MN/DOT, TP -90551 - Statement of Compliance Form. 49 MN/DOT Standard Specifications for Construction, Section 1511 5" ALJ Findings of Fact, Conclusions of Law, and Recoimnendation, Conclusions (7), Case # 12-3000-11993-2 51 Minnesota Rules 5200.1106, Subpart 3B(2) 52 Minnesota Rules 5200.1106, Subpart 313(1) 53 Minnesota Rules 5200.1106, Subpart 3B(2) S4 Minnesota Rules 5200.1106, Subpart 313(3) 55 Minnesota Rules 5200. l 106, Subpart 313(4) 56 Minnesota Rules 5200.1106, Subpart 313(5)(6) S7 Minnesota Rules 5200.1106, Subpart 1 58 Minnesota Rules 5200.1106, Subpart 8(A)(1) 59 Minnesota Rules 5200.1106, Subpart 10 7-A Rev. 6/3/13 F. A truck broker contracting to provide trucking services directly to a prime contractor or subcontractor is allowed to assess a, broker fee .60 No other lower tier broker fees against the truck rental rate will be permitted. In addition, the prime contractor and any subcontractor contracting to receive trucking services must, at a minimum, pay the full contract truck rental rate. G. A contractor may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid to a hired Independent Truck Owner/Operator (ITO) or Multiple Truck Owner (MTO).61 H. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME); and VIII (LABOR CLASSIFICATIONS). I. If, after written notice, the prime contractor fails to submit its month-end trucking reports and certification forms and those of any subcontractor, MTO and/or Truck Broker, MnDOT may take such actions as prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). XV. CHILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects.62 B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects.63 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation.64 C. The project engineer may remove a worker that appears to be under the age of 18 from the construction project until the contractor or worker can demonstrate proof of age 65 and compliance with all applicable federal and state regulations.66 XVI. NON-COMPLIANCE AND ENFORCEMENT A. The prime contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, agent, ITO, MTO, and/or Truck Broker.67 B. If it is determined that a contractor has violated the state prevailing wage law, or any portion of this contract, MnDOT may, after written notice, implement one or more of the following: 1. withhold or cause to be withheld from the prime contractor such amounts in considerations of charges or assessments against the prime contractor, whether arising from this contract or other contract with MnDOT;68 2. reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with MnDOT; 3. take the prosecution of the work out of the hands of the prime contractor, place the contractor in default and terminate the contractor for failure to demonstrate compliance with these provisions; 69 4. refer the matter to the Minnesota Department of Administration for suspension or debarment proceedings; 70 and/or 60 Minnesota Rules 5200.1106, Subpart 7(C) 6' Minnesota Rules 5200.1106, Subpart 6 62 Minnesota Rules 5200.09 10, Subpart F 67 Minnesota Rules 5200.0930, Subpart 4 ' 29 CFR Part 570.2(a)(ii) 65 Minnesota Statute 181 A.06, Subdivision 4 66 MN/DOT Standard Specifications for Construction, Section 1701 67 MN/DOT Standard Specifications for Construction, Section 1801 68 MN/DOT Standard Specifications for Construction, Section 1906 69 MN/DOT Standard Specifications for Construction, Section 1808 8-A Rev. 6/3/13 consider referring violations to the appropriate local County Attorney for prosecution." C. Any contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.72 D. A contractor may be fined up to $1,000 for each failure to maintain records.73 E. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and/or criminal prosecution 74 and may be grounds for debarment proceedings.75 F. For contracts subject to Minnesota Statutes section 177.43, the Commissioner of MnDLI may issue compliance orders for willful violation of the section. If the employer is found to have committed a violation, liquidated damages and other costs may be assessed against the employer. F. An employee may pursue a civil action in district court against its employer for failure to comply with the proper payment of wages.76 If the employer is found to have committed a violation, liquidated damages and other costs may be assessed against the employer." 71' Minnesota Rules 1230.1150, Subpart 2(A)(4) 71 Minnesota Statute 177.44, Subdivision 7 72 Minnesota Statute 177.44, Subdivision 6 73 Minnesota Statute 177.30(b) 74 Minnesota Statutes 1613, 161.315 - Subdivision 2, 177.32 - Subdivision 1(4). 177.43 - Subdivision 5, 177.44 - Subdivision 6, 609.63 75 Minnesota Statute 161.315 and Minnesota Statute 609.63 76 Minnesota Statute 177.27, Subdivision 8 77 Minnesota Statute 177.27, Subdivision 10 9-A This Page Left Blank Intentionally NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473. Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1 This Page Left Blank Intentionally MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS T THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA-02 • CARVER -10 • CHISAGO-13 • DAKOTA -19 • HENNEPIN-27 • RAMSEY-62 • SCOTT -70 • WASHINGTON -82 Effective: 2015-10-12 Revised: 2015-10-19 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651) 366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PrevWa2e@ state.mn.us 12/4/2015 LABOR CODE AND CLASS LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT 2015-10-12 28.94 16.89 45.83 JOURNEYMAN) 2016-05-01 29.95 17.49 47.44 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER 2015-10-12 20.01 13.54 33.55 AND NURSERY OPERATOR) 2016-05-01 21.17 13.99 35.16 104 FLAG PERSON 105 WATCH PERSON 106 BLASTER 107 PIPELAYER (WATER, SEWER AND GAS) 108 TUNNEL MINER 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 2015-10-12 25.54 16.34 41.88 2016-05-01 26.55 16.94 43.49 2015-10-12 31.94 16.89 48.83 2016-05-01 32.95 17.49 50.44 2015-10-12 31.44 16.89 48.33 2016-05-01 32.45 17.49 49.94 2015-10-12 29.64 16.89 46.53 2016-05-01 30.65 17.49 48.14 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2015-10-12 29.64 16.89 46.53 FEET BELOW STARTING GRADE LEVEL) 2016-05-01 30.65 17.49 48.14 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL 2015-10-12 28.94 16.89 45.83 STATION, GPS RECEIVER, LEVEL, ROD OR RANGE 12/4/2015 2 POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF-SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. SPECIAL EQUIPMENT (201 - 204) 201 ARTICULATED HAULER 202 BOOM TRUCK 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO -FRAMED FORKLIFT (EXCLUDING FRONT, POSIT -TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 204 OFF-ROAD TRUCK 2016-05-01 29.95 17.49 47.44 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 2015-10-12 16.28 4.07 20.35 2015-10-12 31.77 17.20 48.97 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 2015-10-12 20.01 13.54 33.55 2016-05-01 21.17 13.99 35.16 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 12/4/2015 3 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP 2 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 2015-10-12 32.04 18.26 50.30 2015-10-12 33.78 17.90 51.68 2016-05-01 34.39 18.90 53.29 304 ALL CRANES WITH OVER 135 -FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2015-10-12 33.23 17.90 51.13 2016-05-01 33.84 18.90 52.74 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 12/4/2015 4 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 323 AIR TRACK ROCK DRILL 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOB SITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 12/4/2015 5 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUPS 2015-10-12 29.89 17.90 47.79 2016-05-01 30.50 18.90 49.40 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 12/4/2015 6 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP 6 2015-10-12 28.68 17.90 46.58 2016-05-01 29.29 18.90 48.19 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING TRUCK DRIVERS GROUP 1 2015-10-12 29.10 15.20 44.30 2016-05-01 30.55 15.20 45.75 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2015-10-12 28.55 15.20 43.75 12/4/2015 7 2016-05-01 30.00 15.20 45.20 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2015-10-12 28.45 2016-05-01 29.90 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2015-10-12 28.20 2016-05-01 29.65 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER -TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 702 BOILERMAKERS 703 BRICKLAYERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 2015-10-12 42.31 2016-06-01 44.26 2015-10-12 34.15 2016-01-01 35.55 15.20 43.65 15.20 45.10 15.20 43.40 15.20 44.85 20.74 63.05 20.74 65.00 26.37 60.52 26.52 62.07 2015-10-12 35.70 18.13 53.83 2015-10-12 35.85 17.78 53.63 2016-05-01 37.46 17.78 55.24 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 12/4/2015 8 706 CEMENT MASONS 707 ELECTRICIANS 711 GROUND PERSON 712 IRONWORKERS 713 LINEMAN 714 MILLWRIGHT 715 PAINTERS (INCLUDING HAND BRUSHED, HAND SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 717 PIPEFITTERS . STEAMFITTERS 719 PLUMBERS 721 SHEET METAL WORKERS 723 TERRAZZO WORKERS 724 TILE SETTERS 725 TILE FINISHERS 12/4/2015 2015-10-12 35.54 17.57 53.11 2015-10-12 38.57 26.04 64.61 2016-05-01 40.47 26.04 66.51 2015-10-12 27.44 13.28 40.72 2016-04-04 28.26 13.92 42.18 2015-10-12 35.40 23.45 58.85 2015-10-12 40.95 17.06 58.01 2016-04-30 42.18 17.82 60.00 2015-10-12 33.93 20.23 54.16 2015-10-12 33.57 20.12 53.69 2015-10-12 35.85 17.78 53.63 2016-05-01 37.46 17.78 55.24 2015-10-12 42.35 24.49 66.84 2015-10-12 39.67 26.80 66.47 2015-10-12 38.05 26.13 64.18 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 2015-10-12 28.30 21.89 50.19 9 727 WIRING SYSTEM TECHNICIAN 728 WIRING SYSTEMS INSTALLER 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 2015-10-12 36.00 14.43 50.43 2016-07-01 36.90 14.43 51.33 2015-10-12 25.21 12.02 37.23 2016-07-01 25.84 12.02 37.86 2015-10-12 29.13 15.96 45.09 2016-01-01 30.13 16.41 46.54 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 12/4/2015 10 DEPARTMENT OF LABOR AND INDUSTRY May 1, 2012 LABOR STANDARDS UNIT NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE DATE PURSUANT TO MINNESOTA RULES, PART 5200.1105 On May 1, 2012, the Commissioner of the Department of Labor and Industry ("DLI") certified the minimum truck rental rates for highway projects in the state's ten highway and heavy construction areas for trucks and drivers operating "four or more axle units, straight body trucks," "three axle units," "tractor only" and "tractor trailers." The certification followed publication of the Notice of Determination of Truck Rental Rates in the State Register on March 12, 2012, and the informal conference held pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012. According to Minnesota Rules, part 5200.1105, the purpose of the informal conference is for DLI to obtain further input regarding the proposed rates before the rates are certified. Approximately 18 individuals attended the informal conference. Many of the attendees voiced strong concerns regarding the inadequacy of the proposed rates. Among the concerns raised was the fact that the proposed rates were based on 2010 costs, including the 2010 price of fuel. Speakers indicated that because of the dramatic increase in the price of diesel in recent months, the published rates were far below the operators' current costs. As stated by some attendees: "This year, right now yesterday we were paying $4.10...I know when fuel went up that last time, a lot of us had to eat the cost because there was no way of recouping it." Testimony of Colleen Donovan, Transcript of Informal Conference, pp. 13, 14. 11 Ms. Donavan provided DLI written information that her 2010 average cost for fuel was $2.99 per gallon. "And, like the price of fuel, $4.25, $4.30. That's what it is down by my place, anyway." Testimony of Bob Domsbach, Transcript of Informal Conference, p. 32. Mr. Bob Dornsbach provided DLI written information that in October 2010 his fuel cost was $3.15 per gallon. In response to the informal conference Jim Lloyd provided written information that his 2010 fuel cost was close to $3.00 per gallon and "now is at $4.00 plus and it does not look like it is going to decrease." After the informal conference, Tom Barnes provided written information that his fuel costs in March 2010 were $2.82 per gallon and that his fuel costs for March 2012 were $4.07 per gallon. Following the informal conference, DLI staff obtained data from the United States Department of Energy ("DOE") regarding the price of diesel during 2010 as compared to current costs.' That data, available at www.eia.doe.gov, show that the average price of diesel during 2010 was $2.964 per gallon. The average price of diesel during January, February, and March 2012 was $3.862 per gallon. Consequently, the average price of diesel for the first three months of this year was 30.4% higher than the average cost of diesel during 2010. The purpose of Minnesota Rules, part 5200.1105, as stated in its Statement of Need and Reasonableness, is to "provide equitable compensation" to independent truck operators. The commissioner finds that in order to carry out the purpose of the rule, it is appropriate to consider the concerns expressed at the informal conference and to use average 2012 diesel costs in computing and certifying 2012 truck rental rates. Specifically, the commissioner finds that the extreme disparity between 2010 and current fuel costs warrants this adjustment in order for truck operators to be equitably compensated. 3 Construction truck operating costs were initially determined by survey on a statewide basis and were the subject of further input by interested parties attending the informal conference pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012 and further data on fuel prices from the DOE for 2010 and 2012. In light of the discussion above, fuel costs stated in the surveys were adjusted upward by 30.4% to determine statewide operating costs. As a result of this adjustment, the operating cost for "four axle units, straight body trucks" is determined to be $51.58 per hour; the operating cost for "three axle units" is determined to be $37.35 per hour; the operating cost for "tractor only" is determined to be $41.43 per hour; and the operating cost for "tractor trailers" is determined to be $52.89 per hour. Adding the prevailing wage for drivers of these four types of trucks from each of the State's ten highway and heavy construction areas to the operating costs, the minimum 1 U.S. Energy Information Administration Midwest No. 2 Retail Prices (Dollars per Gallon) 2 The DLI has historically used input from the informal conferences to establish certified rates. For example, truck rental rates certified in 2009 varied from the proposed rates based on information gathered at the informal conference. 3 The commissioner notes that the Minnesota Department of Transportation incorporates a fuel adjustment clause in certain of its contracts to accommodate the fluctuating price of fuel. That clause generally provides for the adjustment of contract payments when the cost of fuel increases or decreases by more than 15% from an indexed rate during the term of the contract. By using 2012 fuel costs in certifying 2012 truck rental rates, the commissioner is not intending to adopt or establish a similar fuel adjustment mechanism. Rather, he is taking this action to effectuate the purpose of Part 5200.1105 in light of the concerns raised at the informal conference and the dramatic increase in the price of diesel between 2010 and effective date of 2012 truck rental rates. 2 hourly truck rental rate for the four types of trucks in each area is certified to be as follows: 4 or more Axle Units Effective Date 3 Axle Units Operating Cost Truck Rental Rate Region 1 Effective Date 607 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.10 37.35 77.45 Region 2 May 1, 2012 33.76 37.35 71.11 Region 3 May 1, 2012 25.40 37.35 62.75 Region 4 May 1, 2012 33.76 37.35 71.11 Region 5 May 1, 2012 40.50 37.35 77.85 Region 6 May 1, 2012 38.30 37.35 75.65 Region 7 May 1, 2012 33.76 37.35 71.11 Region 8 May 1, 2012 33.76 37.35 71.11 Region 9 May 1, 2012 40.50 37.35 77.85 Region 10 May 1, 2012 13.22 37.35 50.57 4 or more Axle Units 3 Effective Date 604 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 , 40.20 51,58 91.78 Region 2 May 1, 2012 33.91 51.58 85.49 Region 3 May 1, 2012 24.71 51.58 76.29 Region 4 May 1, 2012 33.91 51.58 85.49 Region 5 May 1, 2012 26.34 51.58 77.92 Region 6 May 1, 2012 38.40 51.58 89.98 Region 7 May 1, 2012 20.87 51.58 72.45 Region 8 May 1, 2012 20.87 51.58 72.45 Region 9 May 1, 2012 40.60 51.58 92.18 Region 10 May 1, 2012 32.91 51.58 84.49 3 Plus Trailer Tractor Trail, Tractor Rental Rate 11.46 93.64 11.46 87.31 11.46 Tractor Only 11.46 Effective Date 602 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.75 41.43 82,18 Region 2 May 1, 2012 34.42 41.43 75.85 Region 3 May 1, 2012 22.37 41.43 63.80 Region 4 May 1, 2012 34.42 41.43 75.85 Region 5 May 1, 2012 21.38 41.43 62.81 Region 6 May 1, 2012 37.95 41.43 79.38 Region 7 May 1, 2012 25.85 41.43 67.28 Region 8 May 1, 2012 34.42 41.43 75.85 Region 9 May 1, 2012 41.15 41.43 82.1 Region 10 May 1, 2012 33.42 41.43 74.85 Plus Trailer Tractor Trail, Operating Cost Rental Rate 11.46 93.64 11.46 87.31 11.46 75.26 11.46 87.31 11.46 74.27 11.46 90.84 11.46 78.74 11.46 87.31 11.46 94.04 11.46 86.31 The operating costs, including the average truck broker fees paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing DLI's website at www.dli.mn.gov. Questions regarding the operational costs and truck rental rates can be answered by calling (651) 284-5091. The minimum truck rental rates certified for these four types of trucks in the state's ten highway and heavy construction areas. will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after May 1, 2012. KEN B. PETERSON COMMISSIONER L! Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (MnDOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The MnDOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). MnDOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. MnDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action...........................................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements..............................................................................................4 Appropriate Work Place Behavior...............................................................................................................5 Notice to All Prime and Subcontractors: Reporting Requirements............................................................. 6 Specific Federal Equal Employment Opportunity Responsibilities............................................................7 Standard Federal and State Equal Employment Construction Contract Specifications ..............................9 EqualOpportunity Clause..........................................................................................................................15 Minority and Women Employment Goals Chart .......................................................................................16 Sample Summary of Employment Activity, Form EEO-12......................................................................18 Sample Monthly Employment Compliance Report, Form EEO-13..........................................................20 EEOCompliance Review Report .............................................................................................................22 On -The -Job Training Program: Trainee Assignment...............................................................................23 Certification of On -the -Job Training Hours: Federal -Aid Projects...........................................................24 On -the -Job Training (OJT) Program Approval Form................................................................................25 On -the -Job Training (OJT) Program Trainee Termination Form..............................................................26 Required Contract Provisions: Federal -Aid Construction Contracts.........................................................27 EEO Page 1 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute §363A.36) 1. The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7- 8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-38). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted p: 'ects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state -assisted projects. Compliance with the goals will be measured against the total work hours performed. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO -8 Form" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB's efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB'S total workforce and labor projections for the project (represented in hours), the ALB's projected total number of minority hours for the project, and the ALB's projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota -iman Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155. (651) 539-1100, TTY 296-1283, Toll Free 1-800-657-3704. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (MnDOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job-related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with MnDOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073. EEO Page 5 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO -13 is required for each payroll period within the month of July. The prime contractor submits the EEO -13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a -p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request. Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR -1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. EEO Page 7 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (cont.) classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qu. ying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e. apprenticeship, and on-the- job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents thecontractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. EEO Page 8 Revised 07/12 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by a "Training Special Provision", the contractor will be required to furnish Form FHWA 1409. Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute §363A.36) Unless noted, the following apply to both Federal/federally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 9 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 Minnesota Department of Transportation EEO Special Provisions -- Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (n) Ensure that all facilities and company activities are non segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are rettected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts. pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 22% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 22% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 22% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 32% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 2.2% 6.9% 3% 6% Pi estone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Poe 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 32% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 22% 6% Sherburne 0.5% 6.9% 3% 6% 2.2% 6.9% 4% 6% -Sibley St. Louis 1.0% 6.9% 5% 6% Stearns 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 22% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 0 / /\ 2/ \� \ .( 2! &/ / t }® ® a \\ 2 � § � 3 2 ) � a J } _ e 7 = a � Ems\ ¥ ƒ- o/\ §%) / \$] ( �/! z o j m & ( 2 z 2 2) � � k \� 2 ƒ � I 111 . . . . . . . . .EEL --. a 6 k a£ 33£323 0 / Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first MnDOT construction project for the calendar year (Prime and Subs) Contractor Name and Address self-explanatory. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable MnDOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicitv can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MnDOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through MnDOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnDOT's Office of Civil Rights at (651) 366-3015. EEO -12 Rev. 05/09 EEO Page 19 0 L Ft n G o s o L E p � O U F o p ❑ C O ¢ O b0 � Q X a L '3 • -� p N v� bD R � L O DA 61 L v v C u L c 0. F-• iC Q oa. z � i k N o y 9 W Lz _ L S c 3 >' uZ y 0 0 a� c U °° xt ❑ ❑ U O � •L � z CA -- V] U N u L Cd n' z ai e ami o � � C O i R R � •.. .r •y U '" F 6J O m 40 W + O o L R u U o A O ca W � 3 ° � ;z = R W O N M t!1 �O 00 O O r � N c� � vl �O l� 00 � •-- .� N o0 U Cd CA u OD kn Ow 03to ° o C Cd y N N y M 'O cd cd O C Q' O W cn RS p � y Cfj a) O a) ^ U as � CI, v � �. p �N+ � N � v� �, 4•r L .0 Cd �0++ > vni CL U bA O O 0 O o °= Cd 3' W u o 0 0 o w � c � 3 o c � � � O v' CO 30 110.A .° •c w - -o 0 0 -o o Cd — p Cd . r ani o�-� o y L crj r-" y U,C.II0 W U L. 51 y v cd 0 LA zw-o �a 3 o c oa i¢ a, o u c° v �, o � � =o � � a?, � ° �' � � O � v 0 •� � � � ami o ^� c � a' ¢ •� � ' � � y '� 3 y z� N L 4.. c o -o U bA N C 0 L o 0 3 0 ci U `q " o `� w � o C ti o 0• U U U ani o Q a) o cz 3 MOO= o U O U-0 ZV�z oWQC7F-.fix " U 4 LL 0 M U 0 o a' O O C.>. a cn C ° EEO SP Revised 07/12 EEO COMPLIANCE REVIEW REPORT Total Company Workforce (For 12 Month Period Preceding July 30'h of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On -the -Job Trainees M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women Clerical Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Misc. Trades Total On -the -Job Trainees EEO -8 Rev. 07/07 EEO Page 22 MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT SP #: Location: Project Engineer: Phone: ( ) Prime Contractor: Phone: ( ) Address: City: State: EEO Officer: Project Manager Tel: Training Contractor: Phone: ( ) Address: City: State: EEO Officer: Project Manager: Tel: TRAINEE Job Title or Trade Classification: Name: Number of Training Hours on this Project: S.S.#: Address: Phone: ( ) City: State: EEO Officer: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: Zip: Zip: District: Zip: EEO SP Revised 07/12 1. Ethnic Background: Hispanic Black ; Asian/Pacific Islander White Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation ). 2. Male; Female; EEO -5 Rev. 05/09 EEO Page 23 Mn/DOT 21860 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS CERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL -AID -PROJECTS Contractor: submit original and one copy monthly to the CONTRACTOR ADDRESS TRAINEEI HOURS WORKED PREVIOUSLY HOURS WORKED THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent ❑Very Good ❑Good COMMENTS (Please detail any supplementary training offered): EEO -6 REPORTING PERIOD: S.P. NO. (LOW): F.P. NO.: TOTAL HOURS TO DATE PER HOUR = $ ❑Below Good CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On - the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature/Title Date PROJECT ENGINEER: I hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature/Title Date EEO Page 24 ANN ESr)i Minnesota Department of Transportation EEO Special Provisions n Office of Civil Rights ` On -the -Job Training (OJT) Program Approval Form The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We, I I , submit the following_ training program for (Trade) for approval. dame ontractor I. Project Information Contractor Name S.P. # County Prime Sub Address city State Zi Contact Person/ EEO Officer Phone # e-mail address Project Goals Trainees Hours II. Project Training Plan Information Trade # of Trainees Projected Hourly Estimated Estimated Recruiting Resource Assignment Start Date End Date per Trainee Planned Training Activities III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. Contractor's Representative Signature Title Date IV. Instruction for the Contractor. 07/12 The contractor's proposed training programs must be documented on this form and submitted as indicated in the Proposal. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 25 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights areN �o �o On -the -Job Training Program A' a Trainee Termination Form 4Z OF Tapp Contractor Name County Prime Sub Address city State Zi EEO Officer Phone # e-mail address Trainee Name Phone # Social Security No. Address Ci State Zi Race/Ethnicity ❑ Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian ❑ Other Gender Classification/Trade S.P. # ❑Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed Reason for Termination/Separation/Layoff: ❑ Construction phase completed ❑Death ❑Fired (please explain below) ❑Illness/health problems ❑Lack of transportation and /or travel distance DMilitary duty ❑Relocated ❑Personal ❑Quit to work for another company ❑ Other (please explain below) Please provide comments: Contractor's Representative Signature Title Date MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office of Civil Rights M.S. 170 On -The -,Job Training Coordinator Fax # 651/366-3129 EEO Page 26 07/12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2, 1987, revised October 21, 1993, FHWA Electronic Version Ma 1, 2012) I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I, GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. EEO Page 27 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) The following provision is adopted from 23 CFR 230, Appendix b. All new supervisory or personnel office employees will be A, with appropriate revisions to conform to the U.S. Department given a thorough indoctrination by the EEO Officer, covering all of Labor (US DOL) and FHWA requirements. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet tl :•equirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. EEO Page 28 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor will periodically evaluate the spread of wages b. The contractor will use good faith efforts to incorporate an paid within each classification to determine any evidence of EEO clause into each union agreement to the end that such union discriminatory wage practices. will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. EEO Page 29 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FI IWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any 07/12 location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers ar 'mechanics employed or working upon the site of the work, wi.. oe paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph l.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph l.b. of EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) this section) and the Davis -Bacon poster (WH -1321) shall be which is not expressed as an hourly rate, the contractor shall posted at all times by the contractor and its subcontractors at the either pay the benefit as stated in the wage determination or shall site of the work in a prominent and accessible place where it can pay another bona fide fringe benefit or an hourly cash equivalent be easily seen by the workers. thereof. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs l.b.(2) or l.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain EEO Page 31 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 07/12 "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. EEO Page 32 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. 07/12 c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract The ratio of trainees to journeymen on the job site shall not be clauses in 29 CFR 5.5 may be grounds for termination of the greater than permitted under the plan approved by the contract, and for debarment as a contractor and a subcontractor as Employment and Training Administration. provided in 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). EEO Page 33 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) c. The penalty for making false statements is prescribed in the subcontractor or lower tier subcontractor with the clauses set U.S. Criminal Code, 18 U.S.C. 1001. forth in paragraphs (1.) through (4.) of this section V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (l.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor ;all be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (l) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its EEO Page 34 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 07/12 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal -aid highway project (23 CFR 63 5) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. EEO Page 35 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter in' , this transaction. However, failure of the prospective first tip. participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 07/12 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httns:Hwww.cpls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; EEO Page 36 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a 07/12 First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epis.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently EEO Page 37 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) debarred, suspended, proposed for debarment, declared This provision is applicable to all Federal -aid projects funded ineligible, or voluntarily excluded from participating in covered under the Appalachian Regional Development Act of 1965. transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. **sus XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (lc) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (lc) above. ATTACHMENT A - EMPLOYMENT AND MATERIALS 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use PREFERENCE FOR APPALACHIAN DEVELOPMENT of mineral resource materials native to the Appalachian region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS EEO Page 38 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: 54th Avenue North Mill & Overlay. Furnish the materials and labor necessary to complete the street and utility improvements on 54th Avenue North. B. Alternate No. 2: 49th Avenue North trail. Furnish the materials and labor necessary to complete the bituminous trail improvements between Winnetka Avenue North and the New Hope Ice Arena. C. Alternate No. 3: Thermoplastic Crosswalk Markings: Furnish the materials and labor necessary to install thermoplastic crosswalk markings in lieu of paint markings on the two crosswalks that cross 49th Avenue North. 1. The Bid Unit Price for Bid Item No. 185 - Crosswalk Paint (Deduct) shall be the same as for Bid Item No. 129 - Crosswalk Paint. D. Alternate No. 4: Furnish the materials and labor necessary to complete the installation of two Dynamic Speed Control signs on 49th Avenue North. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2016 Stantec 1 193803259 01 03 00 - 1 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2016 Municipal State Aid (MSA) Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 962 B. Description of Work: Project consists of the reconstruction of water main, services, storm sewer, streets, and improvements to the streets. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. Pavement removals shall be minimized in efforts to avoid long segments of roadway being rough or gravel for extended periods of time. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have full access to all side streets and driveways between 7 P.M. and 7 A.M. SUMMARY © 2016 Stantec 1 193803259 01 1000-1 2. Working Hours: Per City ordinance, the contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. a. Some water main shutdown work may be required to be performed over nighttime hours. 3. Existing aggregate base or reclaim material shall be utilized for temporary access. Provide a minimum of 3" of existing aggregate base on the streets for temporary access until the final street section is under construction. 1.07 OTHER WORK AT SITE A. Improvements to the Cooper High School athletic fields, including installation of a fence along the southerly right of way line, are anticipated in 2017. The contractor shall coordinate the 49th Avenue North trail improvements, tree trench installation, retaining wall installation, final wear course paving, and all over work to be completed in 2017 with this work. B. The installation of street lighting as identified in the Drawings as Not in Contract (NIC) will need to be coordinated. Access to these elements will need to be provided. C. Burying of overhead utilities is anticipated. This project will need to be coordinated with this work and access must be provided. D. Replacement of existing underground gas mains and services is anticipated. In general, the gas main is anticipated to be relocated to the north side of 49th Avenue North between Boone Avenue and Winnetka Avenue. E. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities is anticipated. F. Allow private utility crews and other contractor's free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2016 Stantec 1 193803259 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1: 54th Avenue North Mill & Overlay - Add to Total Base Bid. 1. In general the Work of this Alternate No. 1 consists of all costs to mill and overlay 54th Avenue North as shown in the Drawings. D. Alternate No. 2: 49th Avenue North Trail - Add to Total Base Bid. 1. In general the Work of this Alternate No. 2 consists of all costs to construct a bituminous trail on 49th Avenue between Winnetka Avenue North and the New Hope Ice Arena. E. Alternate No. 3: Thermoplastic Crosswalk Markings: Furnish the materials and labor necessary to install thermoplastic crosswalk markings in lieu of paint markings on the two crosswalks that cross 49th Avenue North. F. Alternate No. 4: Furnish the materials and labor necessary to complete the installation of two Dynamic Speed Control signs on 49th Avenue North. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803259 01 20 00 - 1 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803259 01 2000-2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner, Hennepin County, ISD 281. 4. Electric: Xcel Energy. 5. Gas: Center Point Energy. 6. Fiber Optic: Zayo Group. 7. Telephone/Cable/Fiber: Comcast, Centuryl-ink, Access Communications, Arvig, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County 3. Minnesota Department of Health - Water Main. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803259 01 31 00 - 1 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803259 01 31 00-2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. IL11-4-i Kellie M. Schlegel, PE Date: January 8, 2016 License # 46200 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2016 Stantec 1 193803259 0001 05- 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions Special Provisions Notice to All Bidders - Bid Rigging Notice to Bidders - Suspensions/Debarments State Funded Construction Contracts - Special Provisions Division A - Labor Notice to Bidders - Prompt Payment to Subcontractors Prevailing Wages for State Funded Construction Projects Notice of Certification of Truck Rental Rates Equal Opportunity (EEO) Special Provisions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition Division 03 to 19 - Not Used TABLE OF CONTENTS © 2016 Stontec 1 193803259 0001 10- 1 FACILITY SERVICES SUBGROUP Divisions 21 to 28 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 1202 Flexible Paving (State Aid Projects) 32 1314 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 1723 Pavement Markings 32 32 23 Segmental Retaining Wall 32 92 00 Turf and Grasses 32 93 00 Plants Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 08 30 Commissioning of Sanitary Sewer Utilities 33 1000 Water Utilities 33 12 12 Water Services 3331 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 39 00 Sanitary Utility Sewer Structures 33 40 00 Storm Sewer Drainage Utilities 33 46 00 Subdrainage Division 34 - Transportation 3441 05 Traffic Signs and Devices Divisions 35 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP Divisions 40 to 48 - Not Used END OF SECTION TABLE OF CONTENTS © 2016 Stantec 1 193803259 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CST, Thursday, January 28, 2016, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2016 MSA Infrastructure Improvements Project - City Proiect No. 962 In general, Work consists of the reconstruction of water main, services, storm sewer, and streets, as well as mill and overlay of several streets within the City. This Project includes four alternates: Alt. No. 1 is the mill and overlay of 54th Avenue North, Alt. No. 2 is the construction of approximately 2000 feet of bituminous trail along 49th Avenue North, Alt. No. 3 is the installation of thermoplastic crosswalk markings in lieu of paint, and Alt. No. 4 is the installation of dynamic speed display signs. The Project consists of the following approximate quantities for the Base Bid: 10,600 SQ YD Remove Bituminous Pavement 34,700 SQ YD Mill Bituminous Pavement 3,100 LIN FT 6" & 12" PVC Water Main 2,800 LIN FT 12" to 42" RCP Storm Sewer 6,500 LIN FT Concrete Curb and Gutter 7,400 TON Bituminous Pavement (Street) 470 TON Bituminous Pavement (Trail) 9,500 TON Class 5 Aggregate Base 14,000 TON Select Granular Borrow (Modified) 6,500 LIN FT Concrete Curb and Gutter The Project consists of the following approximate quantities for the Alternates: 7,600 SQ YD Mill Bituminous Pavement 1,300 TON Bituminous Pavement (Street) 400 TON Bituminous Pavement (Trail) 1,330 TON Class 5 Aggregate Base 490 LIN FT Concrete Curb & Gutter 400 SQ FT Thermoplastic Crosswalk Markings 2 EA Dynamic Speed Display Sign Along with miscellaneous utility improvements, removals, restoration, signing, striping, and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #4200017 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Engineer, Kellie Schlegel, at (651) 604-4734. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. ADVERTISEMENT FOR BIDS © 2016 Stantec 1 193803259 00 1 1 13 - 1 The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota END OF SECTION ADVERTISEMENT FOR BIDS © 2015 Stantec 1 193803259 00 11 13-2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the respo ,ibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS 0 2016 Stantec 1 193803259 0021 13- 1 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-3 determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE S - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-4 believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-5 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS --- 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-6 deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-7 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices anj other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803259 0021 13-9 This F age Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated October 19, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Enaineerina Services, 2016 New Hope Streets, Reconstruction Roadways." 2. Report dated October 20, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical and Pavement Engineering Services, 2016 New Hope Streets, Mil & Overlay." PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2016 Stantec 1 193803259 0031 00- 1 This Page Left Blank Intentionally Stantec BIDDER: S.R. Weidema, Incorporated DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO.2 2016 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 962 PROJECT NO. 193803259 NEW HOPE, MINNESOTA 2016 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 1/19/16 1/22/16 1/26/16 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2016 5tantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 1(R) REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, informntion and ohservations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Unfits Eby Unit Price Total Price BASE BID: 1 MOBILIZATION LS 1 &oi'�`$_LiQDOD 2 CLEARING TREE 42 $• 0" $ �Q O 3 GRUBBING 4 REMOVE WATER MAIN 5 REMOVE SEWER PIPE (SANITARY) 0 2016 Sfantec 1 193803259 REVISED BY ADDENDUM NO.2 TREE 42 $ 116-60 $ 1,66 LF 3130 $ Lt' -1 C� $ [ Sol LF 380 $ $ [1-110 00 41 10 - 2(R) REVISED BID FORM No. Item Units My Unit Price Totai Price 6 REMOVE SEWER PIPE (STORM) LF 2850 $-OJ $•3� t-� 7 REMOVE WATER SERVICE PIPE LF 600 $ �^ �y $ 1200 8 REMOVE SANITARY SERVICE PIPE LF 200 $ Z OU $ L Ua `w 9 REMOVE CURB & GUTTER LF 6350 $ 3 -LO $ ( I t05`i 10 REMOVE CONCRETE PAVEMENT SY 110 $ Ll - ZS $ gLQ1' Cj U 11 REMOVE BITUMINOUS PAVEMENT SY 10605$ (--1r7 $ I�),G5b' 1�i 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 180 $ 5LL• 00 $ 00 -00 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 355 $ J 2-� $7G 14 REMOVE CONCRETE WALK SY 1320 $ s-147-(00 15 REMOVE HYDRANT EA 5 $ s.11 16 REMOVE GATE VALVE AND BOX EA 8 $ « 00 $ Pid 17 REMOVE WATER VALVE MANHOLE EA 3 $ 1ClO 00 $ It ?-(;a 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EA 35 $ q0d -W $jgtwo 19 REMOVE MANHOLE (SANITARY) EA 2 $ (41Gi•ao $ 0156--W 20 REMOVE CASTING EA 24 $ � 9-00 $ L , bod 21 REMOVE SIGN EA 50 $ li3 .JO $ lt O 22 REMOVE SIGN TYPE SPECIAL EA 9 $ lc� 'OCJ' $ Q15 -(k) 23 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 85 $ -6V $ No •oo 24 SAWING BITUMINOUS PAVEMENT LF 360 $ 3 - I-C� $ Lj1?1) 25 SALVAGE LIGHTING UNIT EA 1 $ file .0_ $ O - co 26 COMMON EXCAVATION (P) CY 11700$ 1-00 $ 27 SUBGRADE EXCAVATION (CV) CY 200 $ t?,00 1�a 4il��w $ —1 w 28 SELECT GRANULAR BORROW (MODIFIED) TN 17250 $ ��'� $jbj-,-J%, 29 GEOTEXTILE FABRIC TYPE V SY 16000$ t' $ u i w 30 GEOTEXTILE FABRIC TYPE V (SPECIAL) SY 3050 $ `�r7,� $ 511=p4r 60 31 EXCAVATION SPECIAL (CV) CY 2100 $ ` �`' $ tJ O 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 3(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 32 STRUCTURAL SOIL BORROW (CV) (TREE TRENCH) CY 2030 $ L-00 $ kog I q3o 33 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 3500 $ '%� $- i-.'-��(i 34 STREET SWEEPER (WITH PICKUP BROOM) HOUR 58 $ v� _ $ b �a 35 AGGREGATE BASE CLASS 5 TN 9520 $ Z--60 $ LA 36 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 725 $ 12Z_oo $ L C7 1950 37 MILL BITUMINOUS SURFACE (1.5') SY 130 $ Lt' bS $ q3o -50 38 MILL BITUMINOUS SURFACE (2") SY 34654 $ $ I l 1'7 2.3, �6 39 BITUMINOUS MATERIAL FOR TACK COAT GAL 1930 $ Z rJ $ ,`A tCAy - 5o 40 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 5540 $ $ 41 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 115 $ 0 $ t -I, Cl dc, 04 42 TYPE SP 9.5 WEARING COURSE (2,B) (TRAIL) TON 500 $ 'A 21 $ L i1i 43 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 1650 $ - w $ 2-14 44 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TON 500 $ I.1C7-10 $ -1 I, �4 90 45 MODULAR BLOCK RETAINING WALL SF 200 $ L40 $ %604 46 INSTALL CONCRETE BLOCK RETAINING WALL SF 1800 $ 1lQ'� $ L 47 IMPROVED PIPE FOUNDATION LF 1020 $^� • $ �0 - u 48 8" PVC PIPE DRAIN LF 100 $ `00 W $ 1-1(syU 49 8" PERF PVC PIPE DRAIN LF 1100 $ 7 L-to $1j4,100 50 4" PERF PVC PIPE DRAIN LF 6500 $ 5- dv $ S2, c2w 51 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP EA 35 $ 7-15 • $ CtI Lo V5 52 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EA 65 $ ��!- b� $Lt �5 53 8" PVC PIPE DRAIN CLEANOUT EA 5 $ 16 40 $Z,,,�D� 54 INSULATION - 4" THICK SY 100 $ Va $ - . 55 8" DUCTILE IRON PIPE SEWER LF 60 $ 7'y� $ Q L 666 56 51" SPAN RC PIPE-ARCH SEWER CL IIA LF 245 $ 16Cc(fo $L�p 1-16G 57 58" SPAN RC PIPE - ARCH SEWER CL IIA LF 125 $ tl ok•00 $ C7 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 4(R) REVISED BID FORM No. Item Units Qty Unit Price Tofa{ Price 58 12" RC PIPE SEWER DES 3006 CL V LF 270 g $ � 00 $ 1 6 59 15" RC PIPE SEWER DES 3006 CL V LF 430 $ 11,00 $ "� 1 3d 60 18" RC PIPE SEWER DES 3006 CL V LF 30 $ 313. W $ Vto - 61 21" RC PIPE SEWER DES 3006 CL V LF 470 3 rt ao $ - ! $ 1%1'330 62 24" RC PIPE SEWER DES 3006 CL IV LF 30 $ 4L,00 $ l X236 63 27" RC PIPE SEWER DES 3006 CL IV LF 40 �� $ '/"! 1 w $ Z► kigcj 64 30" RC PIPE SEWER DES 3006 CL IV LF 35 $ lQ160 $ I1C;9 D 65 36" RC PIPE SEWER DES 3006 CL IV LF 630 $ JQ ' 00 $ -�—Co 66 42" RC PIPE SEWER DES 3006 CL IV LF 570 $ DO 'JV $ f5 Z t ob-0 67 SANITARY SEWER BYPASS LS I $ I-ltJ(z $ 2L6500 68 CONNECT TO EXISTING SANITARY SEWER EA 3 $ I l UO $ 3 tw 69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 5 $ 00 'LID $ 2-660 70 8"X6' PVC WYE EA 5 $ 'd0 $ Qu AD 71 REPAIR SEWER PIPE EA 15 $ u t160 72 CONNECT TO EXISTING MANHOLE (SANITARY) EA 1 $ t, Zoo $ l 1 Vu 73 CONNECT TO EXISTING STORM SEWER EA 9 $ b4ciAll $ -IL %66 74 CONNECT INTO EXISTING DRAINAGE STRUCTURE EA 1 $ Q $ 9� AP)L 75 8" OUTSIDE DROP LF 10 1 p'(u $ ') -w $ q t?-6c0 76 6" PVC SANITARY SERVICE PIPE LF 200 $ 91,W $ � l LV D 77 8" PVC PIPE SEWER (SANITARY) LF 327 $ 9Q-00 $ Ll l -1-1 78 CLEAN & VIDEO TAPE PIPE SEWER LF 387 $ Z `W $. 1111..Q IL 79 TEMPORARY WATER SERVICE LS 1 $ q t— $ \4 lc;cv 80 CONNECT TO EXISTING WATER MAIN EA 10 $ too $ 500 81 CONNECT TO EXISTING WATER SERVICE EA 20 lit $ lC') 60 qt $ I 82 HYDRANT EA 7 $ Q l usq $ 32 ! to 83 6" GATE VALVE & BOX EA 15 $Vii— $ L CL t qi 15 m 2016 Stantec 1193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 5(R) REVISED BID FORM No. Item Units Qty Unit Price Totol Price 84 12" GATE VALVE & BOX EA 4 $ o $,,u a_ 85 1" CORPORATION STOP EA 20 $ 0r d $41100 86 1" CURB STOP & BOX EA 20 $ - ()Q $ t (3 87 6" PVC WATERMAIN LF 490 $ - to $ - 0 88 12" PVC WATERMAIN LF 2600 $ 30-0 $��''`` ( too 89 1"TYPE K COPPER PIPE LF 600 $ 40`w $ L-K1dl) 90 DUCTILE IRON FITTINGS LB 2500 $ 'bV $ 91 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EA 2 $ $� t' 92 (SANITARY) CASTING ASSEMBLY EA 24 $ �'/• 4� $ 93 ADJUST FRAME & RING CASTING EA 7 $ •0.0 $Q- t Z�2 94 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (27") EA 1 $ t603 $ t l9 ✓ 95 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (2'X3') EA 13 $ t� $ 96 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (4') EA 10 $ 2 (l8 Z- $ 21 97 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (5) EA 6 $_$ l�_(_� 98 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (6) EA 2 $ V20 $ ri I WD 99 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (7) EA 4 $ 5.(12fLi$ -2-6 AcAi 100 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (8') EA 2 $.-14 L O $ JL� lb?rO 101 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (9') EA 1 $ $ 1,4713 102 4"CONCRETE WALK SF 58 $ �' $ (1'17(1 103 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 650 $ $ It 1-1(42 •50 104 CONCRETE CURB & GUTTER DESIGN 8618 LF 5680 $ �ILl— $ r 7-1 2- 105 6" CONCRETE DRIVEWAY PAVEMENT SY 585 $ 56-(30 $ 2A I V5 106 7" CONCRETE DRIVEWAY PAVEMENT SY 25 $ 5-1-30 $ k M 537-- CJo 107 PEDESTRIAN CURB RAMP SF 1700 $ V, q0 $ iq & I-�pi� % 108 TRUNCATED DOME PANEL SF 320 $ L10 • UD $ V�-1L O 109 TEMPORARY MAIL LS 1 $1 " $ 1-600 m 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 6(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 110 INSTALL LIGHTING UNIT EA 1 $ f/, CG $ 4d& 00 111 TRAFFIC CONTROL LS 1 $ n.CC $ 3o/�0D, cc 112 DETOUR SIGNING LS 1 $ t/�QD�ILV $ •re 113 SIGN PANELS TYPE C SF 215 $ 30, -:00 $ a . !, 5.0 114 INSTALL SIGN TYPE SPECIAL EA 9 $ /-l'o,jo $ i/� 115 DECIDUOUS TREE 6' HT B&B TREE 25 $ X1'9 $,if/ d �oo 116 TEMPORARY FENCE LF 500 $ $ yS .�aQs 117 STORM DRAIN INLET PROTECTION EA 45 $ 71 C9 $ AWq,' 118 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 $0 $a.0..�, ,w 119 LOAM TOPSOIL BORROW (LV) CY 1060 $ M $ ,1494 _O 120 SEED MIXTURE 21 -11 1 LB 75 $ -3, 00 $azaL do 121 WATER FOR DUST CONTROL MGAL 600 $ 70, it? $ 7L'o �� 0.6 122 HYDRAULIC MULCH MATRIX LB 1900 $ �• v O $ A. t 6 • vo 123 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 8800 $ also $ raw. or 124 PAVEMENT MESSAGE PAINT SF 329 $ 1(�• 00 $ c 4J 125 4" SOLID LINE PAINT LF 7800 $ 0-1-5 $ 1 t ci 1,0 126 24" SOLID LINE PAINT LF 345 $U_ $ 12- 127 4" BROKEN LINE PAINT LF 4470 $ Q' 2-5 $ 1 c LL -1 - GJQ 128 4" DOUBLE SOLID LINE PAINT LF 3940 $ Q•'�5D $ t << v 129 CROSSWALK PAINT SF 950 $ U -Lf,()_ $ 10'60 TOTAL BASE BID: $-- 04 ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 130 MOBILIZATION LS 1 $ �cc $�3�4�ao 131 REMOVE CURB & GUTTER LF 240 $ ,ss'o $ D• li0 132 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 $ /r0 •dyS� $ l�• 133 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 $ (�. `s $,D�t% 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 7(R) REVISED BID FORM No. Item Units My Unit Price Total Price 134 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 $ 135 REMOVE CASTING EA 3 $ SJ010 136 HAUL &STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 250 $ s�o $ 137 STREET SWEEPER (WITH PICKUP BROOM) HR 5 $__ $ -. 138 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 400 $ , 00 $�T 139 MILL BITUMINOUS SURFACE (2") SY 8000 $ w 7� $ 140 BITUMINOUS MATERIAL FOR TACK COAT GAL 425 $ o_ $u 141 TYPE SP 9.5 WEARING COURSE MIX (3,C) TN 1020 $ Z • 2:5 $�7 142 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 40 $ 22- $ U M 143 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TN 150 $ �i Ct - Q0 $ lk IT10 144 ADJUST VALVE BOX EA 2 $ 3oa 0 $ �OG�• i%fi 145 CASTING ASSEMBLY EA 3 $--�=iw$� 146 ADJUST FRAME & RING CASTING EA 2 $ s s, OQ $-,z 036?. Cd 147 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 240 $ eA4 00 $ O 148 7" CONCRETE DRIVEWAY PAVEMENT SY 35 $ OS : Oa' $ 149 TRAFFIC CONTROL LS 1 $/O, r0 $ /offAP 151 LOAM TOPSOIL BORROW (LV) CY 25 $ �a.V7 $ •�'o 150 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 150 $ a.5 -o s -3 152 24" SOLID LINE PAINT LF 20 $ ,U Q $ _ l q •lig% 153 4" SOLID LINE PAINT LF 1785 $ Q -IG' $L11(p •ZS Q 154 4" DOUBLE SOLID LINE PAINT LF 410 $ d- r5IQ $ Eo 5-Jv 155 4" BROKEN LINE PAINT LF 1750 $ 0, $ Q3-1 -[;t7 TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY $ /_U 1 � X� 0 2016 Slanlec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 8(R) REVISED BID FORM No. Item Units Gly Unit Price Total Price ALTERNATE NO. 2; 49TH AVENUE NORTH TRAIL (WINNETKA AVE TO RAILROAD) 156 MOBILIZATION LS 1 $ QD $ QJ 157 CLEARING TREE 16 $ /jj6,,S.rx� $CQ��// Val 158 GRUBBING TREE 16 $ 159 REMOVE CURB & GUTTER LF 500 $ .5 11 $ �c70-00 160 REMOVE CONCRETE FLUME LF 4 $ /0,2. e)n $ _-qo S. ao 161 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 50 $ so $_u+' UO 162 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 350 $�/ TS $1_,�27 163 REMOVE CONCRETE WALK SY 1100 $ �+ �i7 $ `7 Va ow 164 COMMON EXCAVATION (P) CY 600 $ r90+QO $ /07 V2 0 165 SUBGRADE EXCAVATION (CV) CY 30 $ /07-00 $ 3W. ov 166 GEOTEXTILE FABRIC TYPE V SY 2000 $ 1 i,V' $ -1,00 167 AGGREGATE BASE CLASS 5 TN 800 $ 16.00 $, 6x x 168 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ Z. wo $ fj' 04) 169 TYPE SP 9.5 WEARING COURSE MIX (2,B) (TRAIL) TN 400 $ Ct, $ JWO 170 TYPE SP 9,5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 20 $ 2 0 $ 1 "b C10 171 SALVAGE & INSTALL METAL RAILING LF 10 $ 172 TRENCH DRAIN LF 4 $ tOOZcS,L $ "_A7 173 RELOCATE HYDRANT EA 6 $ 7, 629..eo $ d0 174 ADJUST FRAME &RING CASTING EA 4 $ t> sROdc $9 175 4" CONCRETE WALK SF 130 $ �O 176 CONCRETE CURB & GUTTER DESIGN 8618 LF 500 $ 177 7" CONCRETE DRIVEWAY PAVEMENT SY 360 $ O� $49y�1�/+ Old! 178 TRAFFIC CONTROL LS 1 $ 179 SILT FENCE, TYPE MACHINE SLICED LF 100 e $ _,�� $ 180 STORM DRAIN INLET PROTECTION EA 4 $ MY 00 $ l 6�0,_OD m 2016 Slantec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 9(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 181 LOAM TOPSOIL BORROW (LV) CY 160 $ 31. ari 182 SELECT TOPSOIL BORROW (SPECIAL) LV CY 170 $ 183 WATER FOR DUST CONTROL MGAL 50 $ 7S : nv $` Ll" 184 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 2300 $_; -00185 CROSSWALK PREFORM THERMOPLASTIC - ZEBRA SF 500 $—P,, n SOV• $ 9 CO TOTAL ALTERNATE NO. 2: 49TH AVENUE NORTH TRAIL $,9Y aO ro (WINNETKA AVE TO RAILROAD) ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 186 CROSSWALK PAINT 187 CROSSWALK PREFORM THERMOPLASTIC TOTAL ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS 188 DYNAMIC SPEED DISPLAY SIGN TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY SIGNS BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: TOTAL ALTERNATE NO. 2: TOTAL ALTERNATE NO. 3: TOTAL ALTERNATE NO. 4: SF -450 $ , $ L 2 1,6YJ J SF 1040 $ tCl uy $ Cl t-1uo EA 2 $hoc $ d©i 7A0v $ U3 e Wij :�) o I (1, 2 ,,� . 4 v 5 � $ -,�,AkM1163, yo © 2016 Sioniec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10- 1D(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, Scott Weidema (typed or printed name), President (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed S.R. Weidema Incorporated (name of the person, partnership or corporation submitting this proposal) 17600 113th Ave N (business address) Maple Grove, MN 55369 (City, State and Zip Code) or aurnorrzea represen 1/28/16 Date 0 2016 Stantec 1 193803259 REVISED BY ADDENDUM NO.2 0041 10 - 1 1(R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on lanuary 29 2016. State of Incorporation: Minnesota Type Professional, Service, Limited Liability): General (Signature) Name (typed or printed): Scott Weidema Title: President Allies (CORPORATE SEAL) ei ema (Signature of Corporate Secretary) usin s Street Address (No P.O. Box #'s): 17600 113th Ave N Phone No.: 763-428-9110 Fax No.: 763-428-9095 Email.: estimating@srweidema.com 02016Stontec 1 193803259 REVISED BY ADDENDUM NO.2 00 41 10 - 12(R) REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS rri AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we S.R. Weidema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 as Principal, hereinafter called Principal, and Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% -), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2016 MSA Infrastructure Improvements Project; CP No. 962 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seale this 28th day of January 2016 . S.R. Welderna, Inc, (Principal) (Seal) Witness) - _ (Title) Scott Weidema President Travelers Casualty and Surety Company of America (Surety) (Seal) (Witness) - - (Title) Lin Ulven, Attorney -in -Fact AIA DOCUMENT - - - INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ) ss Countyof On this 28th day of January 2016 , before me appeared Scott Weidema , to me personally known, who, being by me duly sworn, did say that he/she is the President of S.R. Weldema, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. 1t ry Public \ �X- 1 County, 0\ IQ JAMIE NOEL JONES My commission expires NOTARY PUBLIC MINNESOTA "Y Co 83- Exom Jan, 31, 201! SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 28th day of January 2016 , before me appeared Lin Ulven , to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Travelers Casualty and Surety Company of America , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. J SANDRA M DOZE NOTARY PUBUC•MINNESOTA MyComrrissionExOres Notary Public Hennepin County, Minnesota Janus1y31,2021 My commission expires 1/31/2021 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REG BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006554212 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Slillings, Joshua R. Loflis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D. R. Dougherty, Jack Cedarleaf ll, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton• Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, r'ecognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th day of October , 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company a° ''r,� � y� eon*�'••s�9 �*......4,y ,,,,► of` �,wwvrr � My 6 c+ NCtYitt)RATfa _ s, �f o�oo��t''1=', w��s►Wt�°+ '= g 4 7 u 19 6 g 7t m • � m I d e� •e` W1RSfOflD. s�� 9977 g 195f �z o� ;;,se.nt��o" ��SBxL;��' caw'• �� • � t��, �° • ,,d � t� s"r�"�` � a�S . AMVD �'jl......-�-� •�i f � � �Y! ATft • • � F State of Connecticut City of Hartford ss. Hy: Robert L. Raney, , enim Vice President On this the 29m day of October 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. INVALID `cr1 arm e • �.��' —Marie C. Tetreault, Notary Public V'WARNINO3 THIS POWER OF AT70RNEY IS INVAL ICY WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of !/�A1 20 /Z. 0 44' �� _ Kevin E. Hughes, Assistant Seci twy ASu�ll � � JFi►� a 4 O: M 1M 9 J+' ��Yy � OJ 'r � • 4 ��q«rOM•��f tl t 9 a i o � 1977 m �,ji••, z: � � nwrraro, tuaRaxo, t ;Y • Dt 195 .J:tSE.�tI./O �RSBALrr txMai S H � � < �F ANV ♦p ._.....�� r ,� + "'. 17' 4Jr1 Attu To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. OF ATTORNEY iS INVALID WITHOUT THE SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and S.R. Weidema, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: street and utility improvements on Municipal State Aid routes in the City of New Hope, Minnesota. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2016 MSA Infrastructure Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones Substantial Completion, and Final Payment A. The following Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, will be completed by the following dates. 1. 49th Avenue South boulevard (Zealand to Virginia) temporary restoration and fence - July 31, 2016. 2. Mill and Overlay paving must be completed within 21 days of milling. B. The Work will be Substantially Completed on or before September 20, 2016, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 31, 2017. C, See Supplemental Conditions (Section 00 73 05) for definition of Substantial Completion, 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times AGREEMENT FORM 0 2016 Stantec 1 193803259 0052 10- 1 specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11,03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid, plus Alternate Nos, 1, 3, and 4 in the amount of Two Million Eight Hundred Sixty Thousand, Four Hundred Eighty -One Dollars and Fifteen Cents ($2,860,481.15), ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02,A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07,A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14,02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). AGREEMENT FORM © 2016 Stantec 1 193803259 005210-2 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7,01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work, D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F, Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, AGREEMENT FORM © 2016 Stantec 1 193803259 0052 10-3 within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents, H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2016 MSA Infrastructure Improvements. 7. Addenda (Numbers 1 to 3, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10- MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be AGREEMENT FORM 0 2016 Stantec 1 193803259 005210-4 bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding processor in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the�'detriment of Owner, (b) to establish Bid or Contract prices atiartificial�non-competi'tive•levels, or (c) to deprive Owner of the benefits of free cindiopen competition; 3. "collusive practice" means a scheme or,arrangement between two or more Bidders, with or without the knowledge of Owner;: a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM 0 2016 Stantec 1 193803259 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on _ ,v7 �> 2016 (which is the Effective Date of the Agreement), Owner: City of ew-klope Minnesota By: l-�o Attest: Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XVI ON VE NO NEW HOPE, PAIN 55428 Contractor: S.R. Weidema, Inc By: Attest: —) ry 1 t --- ------------- Address for giving notices: 1110 o t13i' Nt-1- N1 WIT,�I� C��c. r✓�nl 5S 3�� License No.: (Where Applicable) Designated Representative: Designated Representative: Name: KIRK McDONALD Name: Title: CITY MANAGER Title: Address: 4401 XYLON AVE NO Address: NEW HOPE MN 55428 Phone: 763-531-5100 Phone: 763-531-5136 Facsimile: Facsimile: END OF SECTION AGREEMENT FORM 0 2016 Stantec 1 193803259 005210-6 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) S.R. Weidema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address of Principal Place of Business); Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONTRACT Effective Date of Agreement: February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Description (Name and Location): 2016 MSA Infrastructure Improvements; CP No. 962 New Hope, MN BOND Bond Number: 106450305 Date (Not earlier than Effective Date of Agreement): February 23, 2016 Atnount:Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do cach cansP this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY S.R. Weidema, Inc. (Seal) Travelers Casualty and Surety Company of America (Seal) Contractor's Name and Coorate Seal Surety's Name and Corporate Seal By: By: Signature Sin (Attach Power of Attorney) Attest: Scott Weidema Print Name President Title C,K Title Brian J. Oestreich Print Name Attorney -in -Fact Title Attest: Signature Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Nee 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the ternis of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perfoml and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or throe, h independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terniinated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contact, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contact Price to mitigation of costs and damages on the Contact, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other pard): Stantec Consulting Services, Inc., 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 3 of 3 This Page Left Blank Intentionally WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A► POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006623742 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tatter, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D. R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 27th day of _ January 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company � G,,SUgC �` �Y ��j JyF\RE 4 � ��*N.!NS69 ,,�/'J + INSUgq bJp�tY ANO J yW S+IgO�,c \O(rjjii� O �Ip (, �� C G < �P t�,EpRVOR�)'�i f�,.;: •...........'i�} 4< G,➢ �%m v `� 4 (�. 3 ' (1 nCI11ROR4TED� �, F RyRRAT �^ ice( \'. a! m 3�:,rrtA Et H4fiTFORO, c�NE•L'\" y ✓ 1951 � � „� �� AL io; . t .bey SEAja; CONN.N ' o �� S, / £� a 1896 Ar+ `�� *� wtis�� N�FG el.......-�ad•I •y'ti Y :.. �+s vsd +st '$h,� +ql+'� `''1 .�S' State of Connecticut City of Hartford ss. i By: Robert L. Raney, Kior Vice President On this the 27th day of January , 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. Q V My Commission expires the 30th day of June, 2016. e► jOIIBIdG it Marie C. Tetreault, Notary Public 'yN Com' 58440-8-12 Printed in U.S.A. WARNING: THIS PMER OF ATTORNEY I5 INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February 20 16 ali✓� Kevin E. Hughes, Assistant Sec tary G/.SUq� ARE 6�4y, �*N!Mg` pj 1MSUq JPITY 4N° NW�flY �TY'-rp 4 = 1 9 8 2 O 19%% �: E t , n t c HA0.TFOHD, K � FlhRiF0Fl0. � e ms O' 1951 .SEAL � S81LLis ',,, t�Nw• o < . To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY 15 INVALID WITHOUT THE REI} BORDER PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party sllall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of S.R. Weidema, Inc. Business): 17600 113th Avenue North Travelers Casualty and Surety Company of America Maple Grove, MN 55369 One Tower Square OWNER (Name and Address): Hartford, CT 06183 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Description (Name and Location): 2016 MSA Infrastructure Improvements; CP No. 962 New Hope, MN BOND Bond Number: 106450305 Date (Not earlier than Effective Date of Agreement): February 23, 2016 Amount: Two Million Eight Hundred Sixty Thousand Four Hundred Eighty-one And 15/100 ($2,860,481.15) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY S.R. Weidema, Inc. (Seal) Travelers Casualty and Surety Company of America_ (Seal) Contractor's Name and •po to Seal Surety's Name and Corporate Seal By: By: / Signature S' n r ( ttach Power of Attorney) Scott Weidema Print Name Brian J. Oestreich Print Name President Attorney -in -Fact Title Title Attest: Attest: i na Signature �, C�cj Surety Account Representative Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy. lie amount of the claim and the name of the party to whom the materials or equipment were iuinished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other'): stantec Consulting Services, Inc., 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Pape 3 of 3 This Page Left Blank Intentionally WARNING: THIS POWER OF ATTORNEY IS INVALID Aft► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229381 Certificate No. 006623743 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John E. Tauer, Linda K. French, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Stillings, Joshua R. Loftis, Brian J. Oestreich, Sandra M. Doze, Jerome T. Ouimet, D. R. Dougherty, Jack Cedarleaf II, Kurt C. Lundblad, Melinda C. Blodgett, R C. Bowman, R. Scott Egginton, Ted R. Jorgensen, Emily Keiser, and Lin Ulven of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 27th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? GASUA T` V Mrcns J F\RE 6 y O R,N SNS 9 ; t�� `ry, � PITY nN0 � SUR c ` tY,,IIII__C � � �.......G ,,jj P Try `- J ,, 1'%0... ElY p� "•� O ,{,OPPQq�r RS �,,� G yt ♦,P @ 7 l4 .1 G 4 �- 5 � f1 � `c� �AiED� f�ORPORA)tS,t•! j?�RPORAT :OA y w{ 4 VELI O 1 9 8 2 O � y ,9" c�: � f _•_ � : a HARTFORD, < � {' H9R'tFOR0.j �e • e �� z A S i � � 1951 � �'•SEALio"i ;moi � W CORN. y � r.S\ �+H• E in 1896 O,(•• • •: l�O bS D ! '� V�+, f'•// A�a{" State of Connecticut City of Hartford ss. By: Robert L. Raney, 9enior Vice President On this the 27th day of January 1 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•Trr, In Witness Whereof, I hereunto set my hand and official seal. TAO _ gjUA C • V My Commission expires the 30th day of June, 2016. AWL% !r Made C. Ibtreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of February 20 16 il'>ri�'' (Sr. Kevin E. Hughes, Assistant Sec tary wnwuway OPBU,�( `. pRE 6 �>'N-•�yf(/ a•! 1N�3Vq e"s. JPISY ANO ,yp""'ry �yjY.-r� o t q s s 0 � 1977 � ° z' � : Hantrano, ruarrorm, � z "qS = O 1951 "SEALio3 14` SEAL401 i COdIN �� WNN. £ n 7896 b� Mr � �2s� 4 dti•.......-•pari v:'•.. .. �' � s yar �> .. � a� �Ip n � � �! % �+o��nimNcf tS � A1lyJ �5......•Fa �,1 Ad � fJ '3% ,ttt�� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. OF ATTORNEY 1S INVALID This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC ="©`- Si A. CI, 1 n. 11, F.— , ,C, Q•...11 w LA\ AMERE��' /1 S K l l l } i INTl6RITT sap NSIRI��• SCE American Society National Society of Professional Engineers Aof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org, Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae i 00 72 0-5 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 37 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work .............................. ........... 39 ........................................................ 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims ..................................................... ........... 41 ............................. 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee iv 00 72 05 ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to tenns specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 72 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perforin the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress pay,..ents during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa¢e 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods * ldicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 12 of 62 00 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entith dent to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work perfonned by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulatior whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be fisted as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract P9cuments. Contractor shall be solely responsible for the means, methods, techniques, sequencers, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the naive of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items.- a. tems: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualif as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense, Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adji : ted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, inodification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.2 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 7205 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0l .A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall fiarnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations,. Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deli ions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A. I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.A.5, and 11.0l.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contra -tor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may snake a Clailn therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may snake a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engine is knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.13) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pain 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A26 Add the following language at the end of the definition of Milestone: The 49TH Avenue South Boulevard Temporary Restoration and Fence Milestone is considered complete when the following have been completed between Zealand Ave N and Virginia Ave N: All removals are completed. All storm sewer has been installed. All curb and gutter and roadway draintile has been installed. Rough grading, hydromulch and temporary seeding is complete between the south curb line and the right of way line. Temporary safety fence has been installed along the right of way line between the two existing school fence lines. SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All work except the following: Work in the south boulevard of 49th Ave N, between Zealand Ave N and Virginia Ave N, including but not limited to: trail construction, tree trench installation and tree plantings, retaining wall and associated draintile installation, final restoration. Wear course paving, final structure adjustments, and final striping on the reconstruct streets. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-1 ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Report dated October 19, 2015, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled: "Report of Geotechnical and Pavement Engineering Services: 2016 New Hope Streets - Reconstruction Roadways." a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. 2. Report dated October 20, 2015, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled: "Report of Geotechnical and Pavement Engineering Services: 2016 New Hope Streets - Mill & Overlay." a. All of the information in such drawings constitutes "technical data" on which the Contractor may rely. SC -4.06 Delete Paragraphs 4.06.A and 4.06.8 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation and related coverages under Paragraphs 5.04.A.I and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 SUPPLEMENTARY CONDITIONS 0 2016 Stantec 1 193803259 007305-2 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.8.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance 1) Each Accident $2,000,000 2) Aggregate $6,000,000 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-3 shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. SC -5.06 Add the following new paragraph immediately after Paragraph 5.06.E: Contractor shall purchase and maintain during the entire construction period a Railroad Protective Liability Insurance Policy issued in the name CP Rail with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A copy of the insurance certificate must be provided to CP Rail. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of" in the second sentence. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1193803259 007305-4 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and preparF ind circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-5 b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-6 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any devic� „on from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.8 Amend the first sentence of Paragraph 10.05.6 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.8 by replacing the words "60 days" with the words "30 days." SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-7 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -1 1 .01.A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -1 1.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-8 ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to a,:.)itrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 007305-9 The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803259 00 73 05 - 10 BID ATTACHMENT To the New Hope City Council: According to the advertisement of the City of New Hope inviting proposals for the improvements of the section of highway herein before named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the City of New Hope. (1) (We) hereby certify that (1) (we) (am) (are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever; that an examination has been made of the site of the work and the Contract form, together with the Plans, Specifications and Special Provisions for the improvement. (1) (We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be performed at the unit prices shown on the attached schedule; and that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (1) (We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all in accordance with the terms of the Contract and the Plans, Specifications, and Special Provisions forming a part thereof. (1) (We) further propose to do all Extra Work which may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (1) (We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (1) (We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bond(s) equal to twice the full amount of the Contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions, as provided in Mn/DOT 1305. (1) (We) further propose to perform all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work which may be rejected due to defective materials or workmanship, before completion and acceptance of the project by the City of New Hope. (1) (We) agree to all the provisions of Minnesota Statutes 1969, Section 181.59. (1) (We) further propose to begin work and to prosecute and complete the same in accordance with the time schedule set forth in the Special Provisions for the improvement. (1) (We) assign to the City of New Hope all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. This Page Left Blank Intentionally Bid Rigging NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll- free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOTs continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. This Page Left Blank Intentionally DEPARTMENT OF TRANSPORTATION NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Page 1 of 3 ►1l I [a] DE11 W11► NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective May 6, 2013 until May 6, 2016: Gary Francis Bauerly and his affiliates, Rice, MN Gary Bauerly, LLC and its affiliates, Rice, MN Watab Hauling Co. and its affiliates, Rice, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective September 17, 2014 until September 17, 2017: • Jeffrey Plzak and his affiliates, Loretto, MN • Laurie Plzak and her affiliates, Loretto, MN • Honda Electric Incorporated and its affiliates, Loretto, MN • Jeffrey and Laurie Plzak doing business as Honda Electric Logistics, and its affiliates, Loretto, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective January 12, 2015 until January 12, 2018: Marlin Dahl, Granada, MN Dahl Trucking, Elmore, MN Elmore Truck and Trailer, Inc., Elmore, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Page 2 of 3 DEPARTMENT OF ADMINISTRATION As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF SUSPENSION Devos, Ltd. d/b/a Guaranteed Returns December 5, 2014 through December 31, 2099 Dean Volkes, Donna Fallon & Ronald Carlino 100 Colin Drive Holbrook, NY NAME DATE OF DEBARMENT Best Electric May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Best Used Trucks of Minnesota, Inc. Nov. 20, 2012 through Nov. 20, 2015 Jason W. Leas (eligible for reinstatement on Nov. 20, 2016) 635 Marin Avenue Crookston MN 56716 C & S Electric, Inc. May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Dahl Trucking Aug. 19, 2014 through January 12, 2018 Marlin Dahl 305 Highway 169 South Elmore, MN 56027 Elmore Truck and Trailer Repair, Inc. Aug. 19, 2014 through Jan. 12, 2018 Marlin Dahl (eligible for reinstatement on Jan. 12, 2019) 305 Highway 169 South Elmore, MN 56027 Groundscape Maintenance, Inc. February 19, 2015 through February 19, 2016 Rob Sievers (eligible for reinstatement February 19, 2017) 1160 County Road 83 Maple Plain, MN 55359 Honda Electric, Inc. July 24, 2014 through July 23, 2017 Jeffrey and Laurie Plzak (eligible for reinstatement on July 23, 2018) 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 McCaa, Webster & Associates, Inc. May 1, 2014 through April 30, 2015 Sammie McCaa (eligible for reinstatement on April 30, 2016) 2751 Hennepin Avenue South, #301 Minneapolis, MN 55408-1002 MG Carlson Construction Company, Inc. Sept. 5, 2014 through October 5, 2015 Martin Gerald Carlson (eligible for reinstatement on April 5, 2016) 701 East First Street Fort Worth, TX 76102-3276 Ocuture, LLC Dec. 15, 2014 through Dec. 15, 2015 11930 Camby Park Drive (eligible for reinstatement Dec. 15, 2016) Houston, TX 77047 Ramco Heating and Air Conditioning March 11, 2015 through March 11, 201 Mark and Cheryl Ramquist (eligible for reinstatement March 11, 2017) 605 Ash Street Downing, WI 54734 NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Page 3 of 3 St. Cloud Lawn & Landscaping, Inc. February 20, 2015 through February 20, 2016 Pat Murphy (eligible for reinstatement on Feb. 20, 2017) 10602 County Road 2 Brainerd, MN 56401 TAC Construction Solutions, Inc. August 19, 2014 through August 19, 2016 Christina Woods (eligible for reinstatement on August 19, 2017) 31767 Deacons Way Pequot Lakes, MN 56472 Watab Hauling Co. Jan. 14, 2013 through Jan. 14, 2016 Gary Francis Bauerly (eligible for reinstatement on Jan. 14, 2017) 9695 Deerwood Rd. NE Rice. MN 56367 Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: bq:i/www. mind. admi n. state. in n.us/debarredreport.asp. If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: http://sam.gov. This list does not include preclusion actions taken by cities, counties or local authorities. Consult local authorities to ensure that contractors, subcontractors and materials suppliers are not currently suspended or debarred. This Page Left Blank Intentionally Rev. 6/3/13 STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR June 3, 2013 I. PREAMBLE It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.1 This contract is subject to the Minnesota Prevailing Wage Acte, Rules 3, Wage Decisions, and Truck Rental Rate Schedules established by the Minnesota Department of Labor and Industry (MnDLI). All contractors and subcontractors must pay each laborer and mechanic the established total prevailing wage rate for the actual work performed under this contract. Failure to comply may result in civil or criminal penalties and may compel the Minnesota Department of Transportation (MnDOT) to take such actions as prescribed in section: XVI (NON-COMPLIANCE AND ENFORCEMENT). Upon MnDOT's request, the prime contractor must promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, documents or agreements deemed appropriate by agency to determine compliance with these contract provisions.4 Questions related to the Special Provisions Division A can be directed to the MnDOT Labor Compliance Unit (LCU) by calling (651) 366-4209 or by visiting its website at: www.dot.state.mn.us/const/labor H. DEFINITIONS Terms utilized in the Special Provisions Division A are defined in MnDOT's Standard Specifications for Constructions, unless defined below. A. Contractor: The term "contractor" in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract.6 B. Employer: An individual, partnership, association, corporation, business trust, or other business entity that hires a laborer, worker, or mechanic.? C. First Tier Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. D. Independent Truck Owner/Operator (ITO): An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity which provides construction services to a public works project.8 E. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.9 F. Prime Contractor: The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. 1 Minnesota Statute 177.41 Z Mimiesota Statute 177.41 to 177.44 ' Minnesota Rules 5200.1000 to 5200.1120 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 ` MN/DOT Standard Specifications for Construction, Section 1103 6 Minnesota Statute 177.44, Subdivision 1 7 Minnesota Statute 177.42, Subdivision 7 8 Minnesota Rules 5200.1106, Subpart 7(A) 9 Minnesota Rules 5200.1106, Subpart 5(A) I - A Rev. 6/3/13 G. Second Tier Subcontractor: An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. H. Substantially In Place: Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited.'o I. Trucking Broker: An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided, and making payment to the providers for the services." J. Trucking Firm/Multiple Truck Owner (MTO): Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects." III. SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT A. These provisions shall apply to the prime contractor, all subcontractors, or agents contracting to do all or part of the work under this contract. 13 B. The prime contractor is required to ensure that all lower tier subcontractors receive with their written subcontracts, agreements and/or purchase orders a copy of the contract labor provisions (Special Provision — Division A), the contract wage decision(s), and truck rental rate decision(s). C. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case-by-case basis without prior notification. 14 IV. PAYROLL., AND STATEMENTS A. The prime contractor must submit its payroll statements, along with those of its subcontractors to MnDOT. 15 The payroll statements include a payroll report and a statement of compliance.16 The statements shall be submitted within fourteen (14) calendar days after the end of each contractor's pay period." All contractors shall pay its employees at least once every fourteen (14) calendar days.18 B. Payroll Report: the report may be submitted in any manner and must include all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the MuDOT Payroll Form, which is made available on the MnDOT LCU website. 19 Each payroll report must include all workers that performed work as a laborer or mechanic under this contract and provide at minimum the following information: 1. contractor's name, address, and telephone number; 2. state project number; 3. payroll report number; 4. project location; 5. workweek end date; 6. each employee's name, home address, and full (or last four digits of) social security number; 10 Minnesota Rules 5200.1106, Subpart 5(C) 11 Minnesota Rules 5200.1106, Subpart 7(C) 12 Minnesota Rules 5200.1106, Subpart 7(B) 13 Minnesota Statute 177.44, Subdivision 1 14 See International Union of Operating Eng'rs, Local 49 v. MnDOT, No. C6-97-1582,1998 WL 74281, at *2 (Minn. App. Feb. 24, 1998). 1s Minnesota Statute 177.44, Subdivision 7 1F Minnesota Rules 5200.1106, Subpart 10 17 Minnesota Statute 177.30, (a) (4) 18 Minnesota Statute 177.30 (a) (4) 19 www.dot.state.im.us/const/labor/fonns.htnil 2-A Rev. 6/3/13 7. labor classification(s) titles and optional three -digit code for each employee; 8. hourly straight time and overtime wage rates paid to each employee; 9. daily and weekly hours worked in each classification, including overtime hours for each employee; 10. authorized legal deductions for each employee; and 11. project gross amount, weekly gross amount, and net wages paid to each employee. 20 D. Statement of Compliance: the payroll report must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of each worker .21 The prime contractor is required to review the information submitted by each subcontractor and sign the Statement of Compliance Form. E. The prime contractor is responsible for assuring that its payroll reports, and those of each subcontractor, include all workers that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay, and classifications of work performed. 22 F. The prime contractor is responsible for maintaining all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retaining all records for a period of three (3) years after the final contract voucher has been issued.23 All contractors are responsible for maintaining their supporting employment records relating to this contract for a minimum period of three (3) years after the final contract payment has been made; other laws may have longer retention requirements. G. At the end of each pay period, each contractor shall provide every employee, in writing or by electronic means, an accurate, detailed earnings statement. 24 H. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms, or its subcontractors fail to submit same, MnDOT may implement the actions prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). V. WAGE RATES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the state prevailing wage determinations included and/or incorporated into this contract. All contractors shall pay each worker the required minimum total hourly wage rate for all hours worked on the project at the appropriate classification(s) of labor for the work performed by the worker. 1. State highway and heavy wage determinations are issued for ten separate regions throughout the state of Minnesota. If the contract work is located in more than one region, the applicable wage decision for each region shall be incorporated into this contract. If the contract contains multiple state highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rate for each classification of labor. 25 2. State commercial wage determinations are issued for each county throughout the state of Minnesota. If the contract work is located in more than one county, the applicable wage determination for each county shall be incorporated into this contract. If the contract contains multiple commercial wage determinations, each determination applies to the classification(s) of work performed in the county for which it was issued. 2211 Minnesota Rules 5200. l 106, Subpart 10 and Minnesota Statute 177.30 21 Minnesota Rules 5200.1106, Subpart 10 Z' Minnesota Statute 177.30(1)(2)(3)(4) zt Minnesota Statute 177.30 (a)'(5) 24 Minnesota Statute 181.032 25 Minnesota Statute 177.44, Subdivision 4 3-A Rev. 6/3/13 B. Wage rates listed in the state wage determination(s) contain two components: the hourly basic rate and the fringe rate. The hourly basic rate plus the fringe rate equal the total prevailing wage rate. A contractor shall compensate workers a combination of cash and fringe benefits equaling, at minimum, the total prevailing wage rate. 26 C. The certified wage decision(s) incorporated into the contract remains in effect for the duration of this contract unless replaced by the Department through an addendum or supplemental agreement. No increase in the contract price shall be allowed or authorized due to wage rates that exceed those incorporated into this contract. D. From the time a worker is required to report for duty at the project site until the worker is allowed to leave the site, no deductions shall be made from the worker's hours for any delays of less than twenty consecutive minutes.27 E. In situations where a delay may exceed twenty (20) consecutive minutes and the contractor requires a worker to remain on the premises, or so close to the premises that the worker cannot use the time effectively for the worker's own purposes, the worker is considered "on-call"28 and shall be compensated in accordance with Subpart B of this section, unless the worker is completely relieved of duty and free to leave the premises for a definite period of time29. F. A contractor making payment to an employee, laborer, mechanic, or worker may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.30 G. Deductions from the total prevailing wage rate, whether direct or indirect, shall not be allowed for the following: 1. purchase or rental of uniforms or non -home maintenance of unifonns; 2. consumable supplies, which means materials required to perform duties of employment and are used during the course of employment; travel expenses, which means receipted out-of-pocket expenses for transportation, meals and lodging, or an agreed upon allowance, whichever is greater; or 4. other items as established in Minn. Rules 5200.0090. 31 VI. BONA FIDE FRINGE BENEFITS A. A contractor that does not provide fringe benefits to its employees shall compensate each worker the total prevailing wage rate for the classification of work performed. B. A "funded" fringe benefit plan is one that allows the contractor to make irrevocable contributions on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program without prior approval from the U.S. Department of Labor. Types of "funded" fringe benefits may include, but are not limited to: pension, health insurance, and life insurance.32 C. An "unfunded" fringe benefit plan or program is one that allows the contractor to furnish an in-house benefit on behalf of an employee. The cost to provide the benefit is funded from the contractor's general assets rather than contributions made to a trustee, third person, fund, plan, or program. Types of "unfunded" fringe benefits may include, but are not limited to: holiday, vacation, and sick plans. 33 26 Minnesota Statute 177.42, Subdivision 6 and 177.44, Subdivision 1 27 Minnesota Rules 5200.0120,Subpart 1 28 Minnesota Rules 5200.0120, Subpart 2 29 Minnesota Rules 5200.0120, Subpart 3 30 Minnesota Rules 5200.1106, Subpart 6 31 Minnesota Rules 5200.0090 32 29 CFR Parts 5.26 and 5.27 33 29 CFR Part 5.28 4-A Rev. 6/3/13 D. Allowable credit toward the total prevailing wage rate shall be determined for each individual employee based on all hours worked (government and non-government) for bona fide fringe benefits that: 34 are contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 2. are legally enforceable; 3. have been communicated in writing to the employee; and 4. are made available to the employee once all eligibility requirements are met. E. No credit shall be allowed for benefits required by federal, state or local law, such as but not limited to: worker's compensation, unemployment compensation, and social security contributions.ss F. A contractor that is obligated to deposit fringe benefit contributions on behalf of its employees into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions is guilty of a gross misdemeanor 36 or other violations under federal law. A contractor found in violation shall compel MnDOT to take such actions as prescribed in section XVI (NON- COMPLIANCE AND ENFORCEMENT). VII. OVERTIME A. A contractor shall not permit or require a worker to work longer than the prevailing hours of labor unless the worker is paid for all hours in excess of the prevailing hours at a rate of at least one and a half (1 %) times the hourly basic rate of pay. 37 The prevailing hours of labor is defined as not more than 8 hours per day or more than 40 hours per week.38 B. To calculate the worker's minimum overtime hourly rate: (1) multiply the contract classification's hourly basic rate by 1.5, then (2) add the contract fringe rate, and finally (3) subtract the worker's bona fide hourly fringe benefit costs incurred by the Contractor. C. Contractors subject to the Federal Fair Labor Standards Act may be subject to additional overtime compensation requirements. VIII. LABOR CLASSIFICATIONS A. All contractors must refer to the state wage determinations incorporated into the contract to obtain an applicable job classification. B. All contractors must refer to the Minnesota Rules to determine an appropriate classification of labor based on the tasks performed by a worker on the project.39 If a contractor cannot determine an appropriate job classification, state law requires that the employer assign the worker to a job classification that is the "same or most similar" .40 C. Contractors needing assistance in determining a classification of labor must contact the MnDOT LCU for instructions. Determinations and/or disputes concerning the assignment of labor classifications or wage rates fall under MnDLI's statutory authority. IX. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS, AND FOREMAN A. An independent contractor performing work as a laborer or mechanic is subject to the contract prevailing wage requirements41 for the classification of work performed and shall adhere to the 74 Minnesota Statute 177.42, Subdivision 6 35 Minnesota Statute 177.42, Subdivision 6 36 Minnesota Statute 181.74, Subdivision 1 37 Minnesota Statute 177.44, Subdivision 1 38 Minnesota Statute 177.42, Subdivision 4 39 Minnesota Rules 5200.1101 and 5200.1102 90 Minnesota Statute 177.44, Subdivision 1 4' 29 CFR Pail 5.2(o) and Minnesota Statute 177.41 5-A Rev. 6/3/13 requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). B. Pursuant to state regulations, owners, supervisors, and foreman performing the work of a laborer or mechanic42 under the contract43 are considered workers and shall be compensated in accordance with section V (WAGE RATES). Furthermore, the prime contractor and any subcontractor shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); VI (FRINGE BENEFITS); VII (OVERTIME); and VIII (LABOR CLASSIFICATIONS). X. APPRENTICES, TRAINEES AND HELPERS A. An apprentice is not subject to the state wage decision(s) incorporated into the contract, provided the contractor can demonstrate compliance with the following: 44 1. The apprentice is performing the work of his/her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or MnDLI Division of Voluntary Apprenticeship. 3. The apprentice is compensated according to the rate specified in the program for the level of progress. 4. The employer's ratio of apprentices to journeyman workers on the project is not greater than the ratio permitted for the employer's entire work force under the registered program.as B. If a contractor fails to demonstrate compliance with the terms established in Subpart A (1 — 4) of this section, the contractor shall compensate the worker not less than the applicable total prevailing wage rate for the actual classification of labor performed.46 C. A trainee or helper is not exempt understate law; the contractor shall assign the trainee or helper a job classification that is the "same or most similar"47 and compensate the trainee or helper for the actual work performed regardless of the trainee's or helper's skill level. XI. SUBCONTRACTING PART OF THIS CONTRACT A. The prime contractor shall execute a written subcontract with each first tier subcontractor performing work under this contract that includes the Special Provisions Division A - LABOR, contract wage determinations, and truck rental rate decisions. First tier subcontractors acquiring the services of a second tier subcontractor are subject to the same requirements. XII. POSTER BOARDS A. The prime contractor must construct and display a poster board, which contains all required posters, is complete, accurate, legible, and accessible to all project workers from the first day of work until the project is one hundred percent (100%) complete .48 Placement of a poster board at an off-site location does not satisfy this requirement. B. The prime contractor can obtain the required posters by visiting the MnDOT LCU website. The prime contractor will need to furnish its name, mailing address, the type of posters (i.e., state -aid), and the quantity needed. C. Refer to the poster board section of the MnDOT LCU website to obtain applicable contact information for each poster. 42 Minnesota Rules 5200.1106, Subpart 5A 43 Minnesota Statute 177.44, Subdivision 1 44 Minnesota Rules 5200.1070 45 MnDLI Division of Apprenticeship — April 6, 1995 Memorandum from Jerry Briggs, Director 46 Minnesota Rules 5200.1070, Subpart 3 47 Minnesota Statute 177.44, Subdivision 1 48 Minnesota Statute 177.44, Subdivision 5 6-A Rev. 6/3/13 XIII. EMPLOYEE INTERVIEWS A. At any time, the prime contractor shall permit representatives from MnDLI or MnDOT to interview its workers, and those of any subcontractor, during working hours on the project.49 XIV. TRUCKING / OFF-SITE FACILITIES A. The prime contractor shall assume responsibility for ensuring its workers, and those of all subcontractors, are compensated in accordance with the state wage determination(s) incorporated into this contract for the following work: 1. processing or manufacturing of material, including the hauling of material to and from a prime contractor's material operation that is not a separately held commercial establishment; 50 2. processing or manufacturing of material, including the hauling of material to and from an off-site material operation that is not considered a commercial establishment; 51 3. hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the truck leaves the work site at some point; 52 4. delivery of materials from a non-commercial establishment to the project and the return haul ;53 5. delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments; 54 6. hauling required to remove materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment; 55 and 7. delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place", and the return haul either empty or loaded. sb B. The work duties prescribed in Subpart A (1 - 7) of this section do not represent all possible hauling activities and/or other work duties that may be performed under this contract. It is the responsibility of the prime contractor and all subcontractors to be informed about all -applicable job duties that may be subject to the contract labor provisions. C. A contractor acquiring trucking services from an ITO, MTO, and/or Truck Broker to perform and/or provide "covered" hauling activities shall comply with the payment of the certified state truck rental rates.57 D. Truck hires must be paid the truck rental rate for time spent repairing or maintaining equipment; and for waiting to load or unload (so long as the wait, repair or maintenance, is attributable to the fault of the broker, contractor, or agent and/or employees thereof).58 E. Prime contractors and subcontractors shall submit, for each month where hauling activities were performed under this contract, a MnDOT, TP -90550 - Month -End Trucking Report and MN/DOT, TP -90551 — Month-end Trucking Statement of Compliance Form, along with each ITOs, MTOs and/or Truck Brokers reports to MnDOT.59 The specifications regarding the dates for submission can be found near the bottom of the MN/DOT, TP -90551 - Statement of Compliance Form. 49 MN/DOT Standard Specifications for Construction, Section 1511 50 ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case # 12-3000-11993-2 51 Minnesota Rules 5200.1106, Subpart 313(2) 52 Minnesota Rules 5200.1106, Subpart 313(1) ;' Minnesota Rules 5200.1106, Subpart 313(2) '4 Minnesota Rules 5200.1106, Subpart 313(3) 55 Minnesota Rules 5200.1106, Subpart 313(4) i6 Minnesota Rules 5200.1106, Subpart 313(5)(6) 57 Minnesota Rules 5200.1106, Subpart 1 58 Minnesota Rules 5200.1106, Subpart 8(A)(1) 59 Minnesota Rules 5200.1106, Subpart 10 7-A Rev. 6/3/13 F. A truck broker contracting to provide trucking services directly to a prime contractor or subcontractor is allowed to assess a, broker fee .60 No other lower tier broker fees against the truck rental rate will be permitted. In addition, the prime contractor and any subcontractor contracting to receive trucking services must, at a minimum, pay the full contract truck rental rate. G. A contractor may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid to a hired Independent Truck Owner/Operator (ITO) or Multiple Truck Owner (MTO).61 H. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME); and VIII (LABOR CLASSIFICATIONS). I. If, after written notice, the prime contractor fails to submit its month-end trucking reports and certification forms and those of any subcontractor, MTO and/or Truck Broker, MnDOT may take such actions as prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). XV. CHILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects.62 B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects.63 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation.64 C. The project engineer may remove a worker that appears to be under the age of 18 from the construction project until the contractor or worker can demonstrate proof of age 65 and compliance with all applicable federal and state regulations. 66 XVI. NON-COMPLIANCE AND ENFORCEMENT A. The prime contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, agent, ITO, MTO, and/or Truck Broker.67 B. If it is determined that a contractor has violated the state prevailing wage law, or any portion of this contract, MnDOT may, after written notice, implement one or more of the following: 1. withhold or cause to be withheld from the prime contractor such amounts in considerations of charges or assessments against the prime contractor, whether arising from this contract or other contract with MnDOT; 68 2. reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with MnDOT; 3. take the prosecution of the work out of the hands of the prime contractor, place the contractor in default and terminate the contractor for failure to demonstrate compliance with these provisions; 69 4. refer the matter to the Minnesota Department of Administration for suspension or debarment proceedings;70 and/or 60 Minnesota Rules 5200.1106, Subpart 7(C) 61 Minnesota Rules 5200.1106, Subpart 6 62 Minnesota Rules 5200.0910, Subpart F 67 Minnesota Rules 5200.0930, Subpart 4 " 29 CFR Part 570.2(a)(ii) 65 Minnesota Statute 181A.06, Subdivision 4 66 MN/DOT Standard Specifications for Construction, Section 1701 67 MN/DOT Standard Specifications for Construction, Section 1801 68 MN/DOT Standard Specifications for Construction, Section 1906 69 MN/DOT Standard Specifications for Construction, Section 1808 8-A Rev. 6/3/13 5. consider referring violations to the appropriate local County Attorney for prosecution.71 C. Any contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.72 D. A contractor may be fined up to $1,000 for each failure to maintain records .73 E. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and/or criminal prosecution 74 and may be grounds for debarment proceedings .75 F. For contracts subject to Minnesota Statutes section 177.43, the Commissioner of MnDLI may issue compliance orders for willful violation of the section. If the employer is found to have committed a violation, liquidated damages and other costs may be assessed against the employer. F. An employee may pursue a civil action in district court against its employer for failure to comply with the proper payment of wages.76 If the employer is found to have committed a violation, liquidated damages and other costs may be assessed against the employer." 7" Minnesota Rules 1230.1150, Subpart 2(A)(4) 71 Minnesota Statute 177.44, Subdivision 7 72 Minnesota Statute 177.44, Subdivision 6 73 Minnesota Statute 177.30(b) 74 Minnesota Statutes 16B, 161.315 - Subdivision 2,177.32 - Subdivision 1(4), 177.43 - Subdivision 5, 177.44 - Subdivision 6, 609.63 75 Minnesota Statute 161.315 and Minnesota Statute 609.63 76 Minnesota Statute 177.27, Subdivision 8 77 Minnesota Statute 177.27, Subdivision 10 9-A This Page Left Blank Intentionally NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473. Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1 This Page Left Blank Intentionally MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS ' THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA-02 • CARVER -10 • CHISAGO-13 • DAKOTA -19 • HENNEPIN-27 • RAMSEY-62 • SCOTT -70 • WASHINGTON -82 Effective: 2015-10-12 Revised: 2015-10-19 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651)366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PreyWage@state.mn.us 12/4/2015 LABOR CODE AND CLASS LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT 2015-10-12 28.94 16.89 45.83 JOURNEYMAN) 2016-05-01 29.95 17.49 47.44 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER 2015-10-12 20.01 13.54 33.55 AND NURSERY OPERATOR) 2016-05-01 21.17 13.99 35.16 104 FLAG PERSON 105 WATCH PERSON 106 BLASTER 107 PIPELAYER (WATER, SEWER AND GAS) 108 TUNNEL MINER 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 2015-10-12 25.54 16.34 41.88 2016-05-01 26.55 16.94 43.49 2015-10-12 31.94 16.89 48.83 2016-05-01 32.95 17.49 50.44 2015-10-12 31.44 16.89 48.33 2016-05-01 32.45 17.49 49.94 2015-10-12 29.64 16.89 46.53 2016-05-01 30.65 17.49 48.14 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2015-10-12 29.64 16.89 46.53 FEET BELOW STARTING GRADE LEVEL) 2016-05-01 30.65 17.49 48.14 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL 2015-10-12 28.94 16.89 45.83 STATION, GPS RECEIVER, LEVEL, ROD OR RANGE 12/4/2015 5 POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF-SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. SPECIAL EQUIPMENT (201- 204) 201 ARTICULATED HAULER 202 BOOM TRUCK 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO -FRAMED FORKLIFT (EXCLUDING FRONT, POSIT -TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 204 OFF-ROAD TRUCK 2016-05-01 29.95 17.49 47.44 2015-10-12 28.94 16.89 45.83 2016-05-01 29.95 17.49 47.44 2015-10-12 16.28 4.07 20.35 2015-10-12 31.77 17.20 48.97 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 2015-10-12 20.01 13.54 33.55 2016-05-01 21.17 13.99 35.16 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 12/4/2015 3 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP2 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 2015-10-12 32.04 18.26 50.30 2015-10-12 33.78 17.90 51.68 2016-05-01 34.39 18.90 53.29 304 ALL CRANES WITH OVER 135 -FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2015-10-12 33.23 17.90 51.13 2016-05-01 33.84 18.90 52.74 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 12/4/2015 4 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 323 AIR TRACK ROCK DRILL 2015-10-12 32.93 17.90 50.83 2016-05-01 33.54 18.90 52.44 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 12/4/2015 5 t 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUP 5 2015-10-12 29.89 17.90 47.79 2016-05-01 30.50 18.90 49.40 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 12/4/2015 6 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP 6 2015-10-12 28.68 17.90 46.58 2016-05-01 29.29 18.90 48.19 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING TRUCK DRIVERS GROUP 1 2015-10-12 29.10 15.20 44.30 2016-05-01 30.55 15.20 45.75 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2015-10-12 28.55 15.20 43.75 12/4/2015 7 2016-05-01 30.00 15.20 45.20 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2015-10-12 28.45 2016-05-01 29.90 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2015-10-12 28.20 2016-05-01 29.65 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER -TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 702 BOILERMAKERS 703 BRICKLAYERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 2015-10-12 42.31 2016-06-01 44.26 2015-10-12 34.15 2016-01-01 35.55 15.20 43.65 15.20 45.10 15.20 43.40 15.20 44.85 20.74 63.05 20.74 65.00 26.37 60.52 26.52 62.07 2015-10-12 35.70 18.13 53.83 2015-10-12 35.85 17.78 53.63 2016-05-01 37.46 17.78 55.24 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 12/4/2015 8 706 CEMENT MASONS 707 ELECTRICIANS 711 GROUND PERSON 712 IRONWORKERS 713 LINEMAN 714 MILLWRIGHT 715 PAINTERS (INCLUDING HAND BRUSHED, HAND SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 717 PIPEFITTERS . STEAMFITTERS 719 PLUMBERS 721 SHEET METAL WORKERS 723 TERRAZZO WORKERS 724 TILE SETTERS 725 TILE FINISHERS 12/4/2015 2015-10-12 35.54 17.57 53.11 2015-10-12 38.57 26.04 64.61 2016-05-01 40.47 26.04 66.51 2015-10-12 27.44 13.28 40.72 2016-04-04 28.26 13.92 42.18 2015-10-12 35.40 23.45 58.85 2015-10-12 40.95 17.06 58.01 2016-04-30 42.18 17.82 60.00 2015-10-12 33.93 20.23 54.16 2015-10-12 33.57 20.12 53.69 2015-10-12 35.85 17.78 53.63 2016-05-01 37.46 17.78 55.24 2015-10-12 42.35 24.49 66.84 2015-10-12 39.67 26.80 66.47 2015-10-12 38.05 26.13 64.18 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@ STATE.MN.US 2015-10-12 28.30 21.89 50.19 9 727 WIRING SYSTEM TECHNICIAN 728 WIRING SYSTEMS INSTALLER 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @ S TATE. MN. US 2015-10-12 36.00 14.43 50.43 2016-07-01 36.90 14.43 51.33 2015-10-12 25.21 12.02 37.23 2016-07-01 25.84 12.02 37.86 2015-10-12 29.13 15.96 45.09 2016-01-01 30.13 16.41 46.54 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @ STATE. MN.US 12/4/2015 10 DEPARTMENT OF LABOR AND INDUSTRY May 1, 2012 LABOR STANDARDS UNIT NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE DATE PURSUANT TO MINNESOTA RULES, PART 5200.1105 On May 1, 2012, the Commissioner of the Department of Labor and Industry ("DLI") certified the minimum truck rental rates for highway projects in the state's ten highway and heavy construction areas for trucks and drivers operating "four or more axle units, straight body trucks," "three axle units," "tractor only" and "tractor trailers." The certification followed publication of the Notice of Determination of Truck Rental Rates in the State Register on March 12, 2012, and the informal conference held pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012. According to Minnesota Rules, part 5200.1105, the purpose of the informal conference is for DLI to obtain further input regarding the proposed rates before the rates are certified. Approximately 18 individuals attended the informal conference. Many of the attendees voiced strong concerns regarding the inadequacy of the proposed rates. Among the concerns raised was the fact that the proposed rates were based on 2010 costs, including the 2010 price of fuel. Speakers indicated that because of the dramatic increase in the price of diesel in recent months, the published rates were far below the operators' current costs. As stated by some attendees: "This year, right now yesterday we were paying $4.10...I know when fuel went up that last time, a lot of us had to eat the cost because there was no way of recouping it." Testimony of Colleen Donovan, Transcript of Informal Conference, pp. 13, 14. Ms. Donavan provided DLI written information that her 2010 average cost for fuel was $2.99 per gallon. "And, like the price of fuel, $4.25, $4.30. That's what it is down by my place, anyway." Testimony of Bob Dornsbach, Transcript of Informal Conference, p. 32. Mr. Bob Dornsbach provided DLI written information that in October 2010 his fuel cost was $3.15 per gallon. In response to the informal conference Jim Lloyd provided written information that his 2010 fuel cost was close to $3.00 per gallon and "now is at $4.00 plus and it does not look like it is going to decrease." After the informal conference, Tom Barnes provided written information that his fuel costs in March 2010 were $2.82 per gallon and that his fuel costs for March 2012 were $4.07 per gallon. Following the informal conference, DLI staff obtained data from the United States Department of Energy ("DOE") regarding the price of diesel during 2010 as compared to current costs.' That data, available at www.eia.doe.gov, show that the average price of diesel during 2010 was $2.964 per gallon. The average price of diesel during January, February, and March 2012 was $3.862 per gallon. Consequently, the average price of diesel for the first three months of this year was 30.4% higher than the average cost of diesel during 2010. The purpose of Minnesota Rules, part 5200.1105, as stated in its Statement of Need and Reasonableness, is to "provide equitable compensation" to independent truck operators. The commissioner finds that in order to carry out the purpose of the rule, it is appropriate to consider the concerns expressed at the informal conference and to use average 2012 diesel costs in computing and certifying 2012 truck rental rates. Specifically, the commissioner finds that the extreme disparity between 2010 and current fuel costs warrants this adjustment in order for truck operators to be equitably compensated. 3 Construction truck operating costs were initially determined by survey on a statewide basis and were the subject of further input by interested parties attending the informal conference pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012 and further data on fuel prices from the DOE for 2010 and 2012. In light of the discussion above, fuel costs stated in the surveys were adjusted upward by 30.4% to determine statewide operating costs. As a result of this adjustment, the operating cost for "four axle units, straight body trucks" is determined to be $51.58 per hour; the operating cost for "three axle units" is determined to be $37.35 per hour; the operating cost for "tractor only" is determined to be $41.43 per hour; and the operating cost for "tractor trailers" is determined to be $52.89 per hour. Adding the prevailing wage for drivers of these four types of trucks from each of the State's ten highway and heavy construction areas to the operating costs, the minimum 1 U.S. Energy Information Administration Midwest No. 2 Retail Prices (Dollars per Gallon) Z The DLI has historically used input from the informal conferences to establish certified rates. For example, truck rental rates certified in 2009 varied from the proposed rates based on information gathered at the informal conference. 3 The commissioner notes that the Minnesota Department of Transportation incorporates a fuel adjustment clause in certain of its contracts to accommodate the fluctuating price of fuel. That clause generally provides for the adjustment of contract payments when the cost of fuel increases or decreases by more than 15% from an indexed rate during the term of the contract. By using 2012 fuel costs in certifying 2012 truck rental rates, the commissioner is not intending to adopt or establish a similar fuel adjustment mechanism. Rather, he is taking this action to effectuate the purpose of Part 5200.1105 in light of the concerns raised at the informal conference and the dramatic increase in the price of diesel between 2010 and effective date of 2012 truck rental rates. hourly truck rental rate for the four types of trucks in each area is certified to be as follows: 4 or more Axle Units Effective Date 3 Axle Units Operating Cost Truck Rental Rate Region 1 Effective Date 607 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.10 37.35 77.45 Region 2 May 1, 2012 33.76 37.35 71.11 Region 3 May 1, 2012 25,40 37.35 62.75 Region 4 May 1, 2012 33.76 37,35 71.11 Region 5 May 1, 2012 40.50 37.35 77.85 Region 6 May 1, 2012 38,30 37.35 75.65 Region 7 May 1, 2012 33.76 37.35 71.11 Region 8 May 1, 2012 33.76 37.35 71.11 Region 9 May 1, 2012 40.50 37.35 77.85 Region 10 May 1, 2012 13.22 37.35 50.57 4 or more Axle Units 3 Effective Date 604 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012. 40.20 51.58 91.78 Region 2 May 1, 2012 33.91 51.58 85.49 Region 3 May 1, 2012 24.71 51.58 76.29 Region 4 May 1, 2012 33.91 51.58 85.49 Region 5 May 1, 2012 26.34 51.58 77.92 Region 6 May 1, 2012 38.40 51.58 89.98 Region 7 May 1, 2012 20.87 51.58 72.45 Region 8 May 1, 2012 20.87 51.58 72.45 Region 9 May 1, 2012 40.60 51.58 92.18 Region 10 May 1, 2012 32.91 51.58 84.49 3 Plus Trailer Tractor Trail Tractor Rental Rate 11.46 93.64 11.46 87.31 11.46 Tractor Only 11.46 Effective Date 602 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.75 41.43 82.18 Region 2 May 1, 2012 34.42 41.43 75.85 Region 3 May 1, 2012 22.37 41.43 63.80 Region 4 May 1, 2012 34.42 41.43 75.85 Region 5 May 1, 2012 21.38 41.43 62.81 Region 6 May 1, 2012 37.95 41.43 79.38 Region 7 May 1, 2012 25,85 41.43 67.28 Region 8 May 1, 2012 34.42 41.43 75.85 Region 9 May 1, 2012 41.15 41.43 82,E Region 10 May 1, 2012 33.42 41.43 74.85 Plus Trailer Tractor Trail Operating Cost Rental Rate 11.46 93.64 11.46 87.31 11.46 75.26 11.46 87.31 11.46 74.27 11.46 90.84 11.46 78.74 11.46 87.31 11.46 94.04 11.46 86.31 The operating costs, including the average truck broker fees paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing DLI's website at www.dli.mi.gov. Questions regarding the operational costs and truck rental rates can be answered by calling (651) 284-5091. The minimum truck rental rates certified for these four types of trucks in the state's ten highway and heavy construction areas. will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after May 1, 2012. / �- KEN B. PETERSON COMMISSIONER 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (MnDOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The MnDOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). MnDOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. MnDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action...........................................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements..............................................................................................4 Appropriate Work Place Behavior...............................................................................................................5 Notice to All Prime and Subcontractors: Reporting Requirements.............................................................6 Specific Federal Equal Employment Opportunity Responsibilities............................................................7 Standard Federal and State Equal Employment Construction Contract Specifications ..............................9 EqualOpportunity Clause..........................................................................................................................15 Minority and Women Employment Goals Chart .......................................................................................16 Sample Summary of Employment Activity, Form EEO-12......................................................................18 Sample Monthly Employment Compliance Report, Form EEO-13..........................................................20 EEO Compliance Review Report .............................................................................................................22 On -The -Job Training Program: Trainee Assignment...............................................................................23 Certification of On -the -Job Training Hours: Federal -Aid Projects...........................................................24 On -the -Job Training (OJT) Program Approval Form................................................................................25 On -the -Job Training (OJT) Program Trainee Termination Form..............................................................26 Required Contract Provisions: Federal -Aid Construction Contracts.........................................................27 EEO Page 1 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute §363A.36) The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7- 8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-38). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted p: 'ects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state -assisted projects. Compliance with the goals will be measured against the total work hours performed. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds S 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO -8 Form" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB'S efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB's total workforce and labor projections for the project (represented in hours), the ALB'S projected total number of minority hours for the project, and the ALB's projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota. Aman Rights Act are consistent with but broader than the Federal requirements as covered in this contract. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. 5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155. (651) 539-1100, TTY 296-1283, Toll Free 1-800-657-3704. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (MnDOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job-related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with MnDOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073. EEO Page 5 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO -13 is required for each payroll period within the month of July. The prime contractor submits the EEO -13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a -p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request. Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR -1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. EEO Page 7 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (cont.) classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qu; ying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e. apprenticeship, and on-the- job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. S. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. e. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents thecontractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. EEO Page 8 Revised 07/12 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by a "Training Special Provision", the contractor will be required to furnish Form FHWA 1409. Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute §363A.36) Unless noted, the following apply to both Federal/federally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 9 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion. of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (n) Ensure that all facilities and company activities are non segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reelected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts. pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 22% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 22% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 22% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 32% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueur 1 2.2% 6.9% 4% 6% Lincoln 1 0.8% 6.9% 4% 6% Lyon r 0.80/. 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 2.2% 6.9% 3% 6% Pi estone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Pope 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 32% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 22% 6% Sherburne 0.5% 6.9% 3% 6% Sibley 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Stearns 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 22% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 1 6.9% 3% 6% Yellow Medicine 2.2% 1 6.9% 4% 6% EEO Page 17 >o �Q E o � � o C a L b CC �U C � z r L U= U C� L y 0 U Fq �U CC O FSI � L OD � U o U ti CC w F Eti A U Lz �+ O ai E z c az 0 C. E W N N N N N N N N Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first MnDOT construction project for the calendar year (Prime and Subs) Contractor Name and Address self-explanatory. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable MnDOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Fema:es. 2f. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MnDOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through MnDOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnDOT's Office of Civil Rights at (651) 366-3015. EEO -12 Rev. 05/09 EEO Page 19 � § j / LQ \ / ® \ 2■� \ � � § § A 2 El \ j J \ � �6 �/ 7 (� \ ƒ} 3 % ƒ � \ )2 / u)( k 2 k § u / . § f G I �2 $\ }� } a \ a Qj / y - ❑❑§ ° » Ca. Ln U w . / 2 .. z \ \ \ § a 2 I a i o§k % ) w 6 . k � )\ ) § a a §■ � /\ T"i T";41 • c\ 2/\/\\ƒ\ C w1.6 w 1 k a\ j / LQ \ / 0 N i bA � c � 3 � o � v O � w � E R O U O 4-. o � O tn M O O a � M ~ tn r" y M U U C � Q U O ci O > °; ° c U a o u tj bin •� o vOi � Q CA O A 0 2 _ CA ° Cl o to Q > X ol W � o a 3 ga. d y -o ct 03 03 U ° Cd E E 3 E w ° o cz � c CC b ° N c O y -0 a� ° 1 y N U O a3 vi U -0 L1 o E 3 cd 4 Cd CL U N N w cz rte-•' tz o°- � p CA O p F Q U C U p " O •� U O cd ° M Q. � c � Q. U op p o cn En cn 73 o c° �° cd as Q, u CL S � ° o = Z N ^i7 cdccd LL cz cz U N NCd 'A N UO yam, -C4.. _O o o E ? ¢ cd ° o ° a. > o c 3 CL. 0. w ?, a -o T M c� ti= o w c a E x 3 3 ai a U °—' o o z 3 ° o o .o a cd y 4°'' (A.Y 3 O G, G c — s. as tip- U 0 d O d.^ y N s.0. y w .+ °' y � � ;.d � cam, y � y ¢ � c � .y � •o � cd U m I °? oQn �o�'�� v`w° Cd o Zv�Z oWdL7E�W� �+-Y 0 V U V� a W ch Cd 6 n 06 0 N i bA � c � 3 � o � v O � w � E R O U O 4-. o � O tn M O O a � M ~ tn r" y M U U C � Q U O ci O > °; ° c U a o u tj bin •� o vOi � Q CA O A 0 2 _ CA ° Cl o to Q > X ol W � o a 3 ga. d y -o ct 03 03 U ° Cd E E 3 E w ° o cz � c CC EEO SP Revised 07/12 EEO COMPLIANCE REVIEW REPORT Total Company Workforce (For 12 Month Period Preceding July 30`h of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On -the -Job Trainees M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women Clerical Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Misc. Trades Total On -the -Job Trainees EEO -8 Rev. 07/07 EEO Page 22 16 op Ta�'�� MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT SP #: Location: Project Engineer: Phone: ( ) Prime Contractor: Phone: ( ) Address: Project Manager: City: State: EEO Officer: Project Manager; Tel: Training Contractor: Phone: Address: City: State: EEO Officer: Project Manager: Tel: TRAINEE Job Title or Trade Classification: Name: Number of Training Hours on this Project: S.S.#: Address: Phone: ( ) City: State: EEO Officer: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: Zip: Zip: District: Zip: 1. Ethnic Background: Hispanic Black ; Asian/Pacific Islander White Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation 2. Male; Female; EEO -5 Rev. 05/09 EEO Page 23 EEO SP Revised 07/12 Mn/DOT 21860 Contractor: submit c CONTRACTOR ADDRESS TRAINEE MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS CERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL -AID -PROJECTS and one copy monthly to the HOURS WORKEDI HOURS WORKED PREVIOUSLY THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent ❑Very Good ❑Good COMMENTS (Please detail any supplementary training offered): EEO -6 REPORTING PERIOD: S.P. NO. (LOW): F.P. NO.: TOTAL HOURS TO DATE PER HOUR = $ ❑Below Good CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On - the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature/Title Date PROJECT ENGINEER: I hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature/Title Date EEO Page 24 �c• J Minnesota Department of Transportation EEO Special Provisions :Y Office of Civil Rights On -the -Job Training (OJT) Program Approval Form The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We, I I , submit the following training program for (Trade) for approval. (Name ofContractor) T. Proiect information Contractor Name S.P. # County Prime Sub Address City State Zi Contact Person/ EEO Officer Phone # e-mail address Project Goals Trainees Hours ii Prnivrt Training Plan Tnfnrmatinn Trade # of Trainees Projected Hourly Estimated Estimated Recruiting Resource Assignment Start Date End Date per Trainee Planned Training Activities III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. Contractor's Representative Signature Title Date IV. Instruction for the Contractor. 07/12 The contractor's proposed training programs must be documented on this form and submitted as indicated in the Proposal. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 25 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights �`�ZiNE�p�4 cQ On -the -Job Training Program a Trainee Termination Form it Contractor Name County Prime Sub Address city State Zi ❑Lack of transportation and /or travel distance EjMilitary duty ❑Relocated EEO Officer Phone # e-mail address Trainee Name Phone # Social Security No. Address city State Zi Race/Ethnicity ❑ Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian ❑ Other Gender Classification/Trade S.P. # ❑Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed Reason for Termination/Separation/Layoff: ❑ Construction phase completed ❑Death ❑Fired (please explain below) ❑Illness/health problems ❑Lack of transportation and /or travel distance EjMilitary duty ❑Relocated ❑Personal ❑Quit to work for another company ❑ Other lease explain below) Please provide comments: Contractor's Representative Signature Title Date MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office of Civil Rights M.S. 170 On -The —Job Training Coordinator Fax # 651/366-3129 EEO Page 26 07/12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2 1987 revised October 21 1993 FHWA Electronic Version May 1 2012) 1. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I, GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. EEO Page 27 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) The following provision is adopted from 23 CFR 230, Appendix b. All new supervisory or personnel office employees will be A, with appropriate revisions to conform to the U.S. Department given a thorough indoctrination by the EEO Officer, covering all of Labor (US DOL) and FHWA requirements. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet th -equirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. EEO Page 28 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor will periodically evaluate the spread of wages b. The contractor will use good faith efforts to incorporate an paid within each classification to determine any evidence of EEO clause into each union agreement to the end that such union discriminatory wage practices. will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. EEO Page 29 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form Fl I WA -1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any 07/12 location, under the contractor's control, where the facilities are segregated. The tern "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1.273 format and FHWA program requirements. 1. Minimum wages a. All laborers ar mechanics employed or working upon the site of the work, wi.. oe paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph l.b. of EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) this section) and the Davis -Bacon poster (WH -1321) shall be which is not expressed as an hourly rate, the contractor shall posted at all times by the contractor and its subcontractors at the either pay the benefit as stated in the wage determination or shall site of the work in a prominent and accessible place where it can pay another bona fide fringe benefit or an hourly cash equivalent be easily seen by the workers. thereof. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs Lb.(2) or l.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain EEO Page 31 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/fonns/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 07/12 "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing constriction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. EEO Page 32 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. 07/12 c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract The ratio of trainees to journeymen on the job site shall not be clauses in 29 CFR 5.5 may be grounds for termination of the greater than permitted under the plan approved by the contract, and for debarment as a contractor and a subcontractor as Employment and Training Administration. provided in 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). EEO Page 33 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDSACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor .:all be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 07/12 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its EEO Page 34 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 07/12 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. EEO Page 35 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter in' , this transaction. However, failure of the prospective first ti.. participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 07/12 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epis'gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; EEO Page 36 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a 07/12 First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (htips://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently EEO Page 37 Minnesota Department of Transportation EEO Spccial Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) debarred, suspended, proposed for debarment, declared This provision is applicable to all Federal -aid projects funded ineligible, or voluntarily excluded from participating in covered under the Appalachian Regional Development Act of 1965. transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (lc) above. ATTACHMENT A - EMPLOYMENT AND MATERIALS 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use PREFERENCE FOR APPALACHIAN DEVELOPMENT of mineral resource materials native to the Appalachian region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS EEO Page 38 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: 54Th Avenue North Mill & Overlay. Furnish the materials and labor necessary to complete the street and utility improvements on 54th Avenue North. B. Alternate No. 2: 49th Avenue North trail. Furnish the materials and labor necessary to complete the bituminous trail improvements between Winnetka Avenue North and the New Hope Ice Arena. C. Alternate No. 3: Thermoplastic Crosswalk Markings: Furnish the materials and labor necessary to install thermoplastic crosswalk markings in lieu of paint markings on the two crosswalks that cross 49th Avenue North. 1. The Bid Unit Price for Bid Item No. 185 - Crosswalk Paint (Deduct) shall be the same as for Bid Item No. 129 - Crosswalk Paint. D. Alternate No. 4: Furnish the materials and labor necessary to complete the installation of two Dynamic Speed Control signs on 49th Avenue North. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2016 Stantec 1 193803259 01 03 00 - 1 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2016 Municipal State Aid (MSA) Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 962 B. Description of Work: Project consists of the reconstruction of water main, services, storm sewer, streets, and improvements to the streets. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. Pavement removals shall be minimized in efforts to avoid long segments of roadway being rough or gravel for extended periods of time. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have full access to all side streets and driveways between 7 P.M. and 7 A.M. SUMMARY © 2016 Stantec 1 193803259 01 10 00 - 1 2. Working Hours: Per City ordinance, the contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. a. Some water main shutdown work may be required to be performed over nighttime hours. 3. Existing aggregate base or reclaim material shall be utilized for temporary access. Provide a minimum of 3" of existing aggregate base on the streets for temporary access until the final street section is under construction. 1.07 OTHER WORK AT SITE A. Improvements to the Cooper High School athletic fields, including installation of a fence along the southerly right of way line, are anticipated in 2017. The contractor shall coordinate the 49th Avenue North trail improvements, tree trench installation, retaining wall installation, final wear course paving, and all over work to be completed in 2017 with this work. B. The installation of street lighting as identified in the Drawings as Not in Contract (NIC) will need to be coordinated. Access to these elements will need to be provided. C. Burying of overhead utilities is anticipated. This project will need to be coordinated with this work and access must be provided. D. Replacement of existing underground gas mains and services is anticipated. In general, the gas main is anticipated to be relocated to the north side of 49th Avenue North between Boone Avenue and Winnetka Avenue. E. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities is anticipated. F. Allow private utility crews and other contractor's free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2016 Stantec 1 193803259 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1: 54th Avenue North Mill & Overlay - Add to Total Base Bid. 1. In general the Work of this Alternate No. 1 consists of all costs to mill and overlay 54th Avenue North as shown in the Drawings. D. Alternate No. 2: 49th Avenue North Trail - Add to Total Base Bid. 1. In general the Work of this Alternate No. 2 consists of all costs to construct a bituminous trail on 49th Avenue between Winnetka Avenue North and the New Hope Ice Arena. E. Alternate No. 3: Thermoplastic Crosswalk Markings: Furnish the materials and labor necessary to install thermoplastic crosswalk markings in lieu of paint markings on the two crosswalks that cross 49th Avenue North. F. Alternate No. 4: Furnish the materials and labor necessary to complete the installation of two Dynamic Speed Control signs on 49th Avenue North. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803259 01 20 00 - 1 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803259 01 2000-2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner, Hennepin County, ISD 281. 4. Electric: Xcel Energy. 5. Gas: Center Point Energy. 6. Fiber Optic: Zayo Group. 7. Telephone/Cable/Fiber: Comcast, Centuryl-ink, Access Communications, Arvig, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County 3. Minnesota Department of Health - Water Main. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803259 01 31 00 - 1 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803259 01 31 00-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 1 1 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2016 Stantec 1 193803259 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. SUBMITTAL PROCEDURES © 2016 Stantec 1 193803259 01 3300-2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2016 Stantec 1 193803259 01 3300-3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Enginet-, for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2016 Stantec 1 193803259 01 4000-1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2016 Stantec 1 193803259 01 4000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial pc ment of the Lump Sum Bid Item "Mobilization" will be made using a percent.,je based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original Contract amount earned -100 100 No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. A Bid Item has been provided for Sanitary Sewer Bypass. No measurement shall be made. Payment is Lump Sum and shall be included in the Base Bid. A Bid Item has been provided for Temporary Water Service. No measurement shall be made. Payment shall be by lump sum. Payment shall include the water main pipe, fittings, service lines, staging, testing, ramping, removal, and any other work involved with providing and maintaining Temporary Water Main and services to affected homes and businesses. A Bid Item has been provided for Temporary Mail: Measurement will be Lump Sum. a. Payment for the Temporary Mail Bid Item will be made as follows: 1) 50 percent of the Bid Unit Price will be paid upon completion of the removal of the existing mailboxes and installation of the temporary mail boxes. 2) 50 percent will be paid upon completion of the reinstallation of the existing mailboxes and removal of the temporary mailboxes. b. This will be considered payment in full for all work and costs of this Bid Item. Full payment for this Bid Item will not be made until all mailboxes are installed properly and accepted by the Post Office and the homeowner. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 50 00 - 1 c. Contractor shall be responsible for repairing/replacing all mailboxes damaged or destroyed during the Project at no additional cost to the Owner. 6. A Bid Item has been provided for Temporary Fence. Measurement is by lineal foot along the base of the fence. Payment shall include all work to install the fence material, posts, installation, maintenance, and any other work involved to provide and maintain the fence throughout the fall and winter of 2016/2017 until completion of the project. 7. Bid Items have been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original Contract amount earned - 100 100 A Bid Item has been provided for Detour Signing. Measurement is Lump Sum a. No measurement will be made of the various items that constitute detour signing. b. The lump sum payment(s) will be compensation in full for all costs of furnishing, installing, maintaining, relocating, and removing the individual traffic control devices and providing flagpersons and off-duty police officers as required to complete the Work. c. If the Contractor requests changes in the detour plan as shown on the Detour Layout of the Plans, and these changes are implemented, there will be no increase or decrease in the lump sum Contract Bid Price for detour signing. d. Partial payment of the Lump Sum Bid Item "Detour" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original Contract amount earned - 100 100 9. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 5000-2 C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Salvage signs and posts as shown in the Drawings and deliver to the Owner's Public Works facility, as directed by the Engineer. B. Remove existing mailboxes and posts, and provide to property owner for storage. Install temporary mailbox clusters in locations approved by the Post Office. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 5000-3 B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Water Services 1. Maintain temporary potable water service to the structures identified on the Drawings. 3.04 TEMPORARY WATER SERVICE A. During water main construction, install and maintain temporary water service to all homes as shown on the Drawings. 1. The temporary service will allow efficient removal of the existing water main and services, and installation of the new. 2. The temporary service shall provide adequate pressure and volume to all properties. 3. All pipe and materials shall be potable water rated. 4. The Contractor shall perform a bacterial test on all temporary water lines prior to making any connections to homes or terminating existing water service. Testing results shall be e-mailed to City of New Hope Public Works Staff and copied to Field Construction Manager, Adam Martinson (Stantec). 5. The Contractor shall install any main line valves that may be required for shut off or isolate an area based on the Contractor's schedule of work or temporary water system. All valves installed shall be installed in their permanent location as shown on the Drawings per the new water main location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary water main. 6. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 7. Coordinate connections and service interruptions with the property owners and Engineer at least 72 hours in advance. 8. Provide ramping and/or shallow trenching at street and driveway crossings. 9. Provide emergency contact numbers for evenings and weekends. 10. Maintain, inspect, and adjust the temporary piping as needed or directed throughout the construction. 3.05 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803259 01 5000-4 3.06 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. B. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.07 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 5000-5 The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, a --)d maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 5000-6 Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.08 DETOUR IMPLEMENTATION A. General 1. The item Detour Signing shall include all detour signing and barricading identified on the Drawing for the detour. The Contractor shall be responsible for the regular inspection and maintenance of the detour signing and barricade placement. 2. Detour signing work shall be performed as follows: a. All detour signing shall be installed and temporarily covered prior to activating the detour. b. Advance notice of road closure signing (G20 -X1 "ROAD CLOSED BEGINNING DATE/TIME") shall be installed and visible for a period of 11 days prior to the activation of the Project detour. The Advance Notice signs, G20 -X1, shall be 72 inches by 60 inches. Advance notice of road closure signing shall be paid for under Item 2563.531, Construction Signs - Special at the Contract Bid Price per square foot. c. The detour shall be activated between the hours of 12 A.M. and 4 A.M., unless requested otherwise by the Engineer. This work shall be coordinated with all other work in detour signing to provide traffic a safe, smooth switch to the Project detour. d. The detour shall remain in place until the Project is completed. 3.09 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803259 01 5000-7 B. Temporary Fence 1. Install as shown on the Drawings. In general, temporary fence shall be installed along the school property to provide a safe delineator between the athletic fields and the project limits. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803259 01 5000-8 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? O1 Yes ❑ No Do any devices need repair? El Yes 0 No Were all replaced or repaired? D Yes ❑ NO 2. Are any lights (flashers, etc.) not functioning? El Yes 0 NO Were they all replaced or repaired 0 Yes ® No 3. Are any devices improperly placed? 0 Yes ;l No Were all positions corrected? ❑ Yes 0 NO 4. Do any devices need cleaning? 17 Yes Q NO Where all devices cleaned? C] Yes 0 No ADDITIONAL COMMENTS: The above check was completed by .•ID (date) at: (time) (name / title) O AM DPM This Pag Left Blank Intentionally SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be in lineal feet along the base of the fence, from outside to outside of the end posts for each section of fence. b. Storm Drain Inlet Protection: Measurement will be by each. c. Temporary Rock Construction Entrance: Measurement will be by each. d. Hydraulic Mulch Matrix: Measurement will be by the weight of material installed in place as specified based on tickets delivered to the Engineer. 3. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1,000 gallons (MGal) applied to the street. Payment will constitute compensation in full for all Work and cost to furnish and install the Water. This Bid Unit Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner. a. Water used for the construction of the streets will be considered incidental to the Project. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2130 - Application of Water for Dust Control. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 193803259 01 57 13 - 1 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 33 00. 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2D. a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical res -Its of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co -submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. Or Permit coverage is anticipated to become effective 30 days after the postmarked date of a completed application form and SWPPP submittal to the MPCA. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1193803259 01 57 13-2 B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. 1. Stabilize area between the curb and the school property with temporary seed and hydromulch. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced (MS). 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance. Conform to the Drawings and the following: 1. 2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803259 01 57 13-3 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.04 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch 1. To be used for temporary stabilization of the area along the athletic fields once curb installation is complete and before the trail and tree trench construction in 2017. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.06 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897.2.G. b. Rock 3/4 to 1-1 /2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock logs) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/). 4. Rock filter as shown on the Drawings. 2.07 SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803259 01 57 13-4 2.08 FILTER BERMS A. Conform to MnDOT Spec. 3874 and details in Drawings. 2.09 BALE BARRIERS A. Type 1 mulch conforming to MnDOT Spec. 3882.2. B. All bales shall be either bound with wire or tied with nylon string. C. Hardwood stakes shall be 1-1 /2 inches by 1-1 /2 inches by 36 inches. 2.10 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control. 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.11 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 2.12 FLOCCULANTS: Conform to MnDOT Spec. 3898. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2016 Stantec 1 193803259 01 57 13-5 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3.6 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3.D. 5. Anchor mulch immediately to minimize loss by wind or water. F. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. 5. Type Bonded Fiber Matrix (BFM) TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803259 01 57 13-6 a. Application Rate for Slopes less than 1:3: 3,000 lbs per acre. b. Application Rate for Slopes between 1:3 and 1:2: 3,500 lbs per acre. 2 applications shall be necessary. c. Application Rate for Slopes greater than 1:2: 4,500 lbs per acre. 2 applications shall be necessary. G. Slope (Cat) Tracking 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). H. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. J. Temporary Sediment Basins 1. Sediment basins shall be excavated as a first priority when grading begins on the Project. The location and outlet configuration are shown on the Drawings. Temporary Sediment Traps 1. Temporary sediment traps are excavated in conjunction with other grading activities. Temporary traps are approximately 2 feet or less in depth with a length to width ratio of 2:4. 2. Effectiveness of sediment traps can be increased by placing a rock weeper at the outlet. L. Filter Berms: Reference detail on Drawings. M. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3.M with Seed Mix 21-112 or 21-111. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803259 01 57 13-7 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: a. The curtain shall be removed within 72 hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Maintenance : Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803259 01 57 13-8 SECTION 01 70 00 EXECUTION REQUIREMENTS PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from streets included in and adjacent to the project area. Street sweeping shall only be at the direction of the Engineer on site. No payment shall be made for sweeping required due to lack of sediment and erosion control on the Site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2016 Stantec 1 193803259 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. EXECUTION REQUIREMENTS © 2016 Stantec 1 193803259 01 7000-2 D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 OUT-OF-STATE CONTRACTOR SURETY DEPOSIT A. When an out-of-state contractor enters into a contract that exceeds $100,000.00, the Contractor must file Form SD -E, Exemption from Surety Deposits for Out -of -State Contractors, with the Minnesota Department of Revenue. B. If the Contractor is exempt from the surety deposit requirements, he shall provide the City with a copy of the form showing the Revenue Department certification. C. If the Contractor is not exempt, the City will withhold an additional 8 percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. D. Forms and information can be obtained by calling 651-296-6181 or toll free 1-800-657-3777. 3.07 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withhold ing.tax ;,state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2016 Stantec 1 193803259 01 7000-3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Concrete Pavement: Per lineal foot along the saw cut line as staked. Payment will only be made for 1 saw cut at each location, just prior to wear course pavement. 1) Bid Item is only for sawing of concrete roadway pavement. Sawcut of driveway pavement is incidental to Remove Concrete Driveway Bid Item. b. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. Payment will only be made for one saw cut at each location, just prior to wear course pavement. 1) Bid Item is only for sawing of bituminous roadway pavement. Sawcut of driveway pavement is incidental to Remove Bituminous Driveway Bid Item. c. Remove Bituminous Pavement: Per square yard without regard to thickness. 1) Material produced from removals, millings, reclaimed aggregate base, etc., shall be used for temporary access during construction and is considered incidental to this bid item. If existing material is hauled off site, the Contractor shall be responsible to haul on and provide any additional material necessary to correct any temporary access issues as directed by the Engineer, with no additional payment made. 2) This Bid Item shall include the on -Site removal of any bituminous material, regardless of any potential contamination with underlying pavement reinforcement fabric (PRF). Disposal of any PRF -containing material shall be paid for under the Haul and Stockpile Bituminous Material (Special) Bid Item. d. Haul & Stockpile Bituminous Material (Special): Per ton of removed bituminous pavement material that is found to have pavement reinforcement fabric (PRF). Payment shall include loading material, hauling to stockpile site (within the City of New Hope), stockpiling, and maintaining of stockpile. 1) Actual removal of pavement via milling, reclaiming, etc. shall be paid under Remove Bituminous Pavement Bid Item. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13- 1 2) Actual quantity and location of PRF within the existing pavement section is unknown. No adjustment to the Bid Unit price shall be made for any differences in the final quantity of material actually hauled and stockpiled from the Bid Quantity. e. Remove Concrete Pavement: Per square yard without regard to thickness. f. Remove Concrete Walk: Per square yard without regard to thickness. g. Remove Curb and Gutter: Per lineal foot, regardless of type or material. Includes sawcutting, if necessary. h. Remove Concrete Driveway Pavement: Per square yard without regard to thickness. Sawcutting shall be incidental to this Bid Item. i. Remove Bituminous Driveway Pavement: Per square yard without regard to thickness. Sawcutting shall be incidental to this Bid Item. j. Mill Bituminous Surface: Per square yard per each thickness. Includes removing millings from project site. k. Remove Hydrant: Per each. Includes gate valve on hydrant lead. I. Remove Manhole or Catch Basin: Per each. m. Remove Water Valve Manhole: Per each. Includes valve box and any fittings within the manhole. n. Remove Gate Valve and Box. Per each. This Bid Item does not include existing hydrant valves. o. Remove casting: Per each. Payment includes removal of all rings. p. Remove Pipe: Per lineal foot of the type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. q. Remove Sign: Per each sign, including post(s). Includes delivering sign to Owner. r. Remove Sign Type Special: Per each street name blade sign and post(s). Includes delivering sign to Owner. s. Salvage Lighting Unit: Per each. Bid Item is for yard lights. t. Salvage and Install Metal Railing: Per lineal foot. Bid Item is for metal railing adjacent to sidewalk near Ice Arena. u. Remove Concrete Flume: Per lineal foot. Includes sawcut, if necessary. v. Bulkheading and abandoning of existing pipe will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-2 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-3 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CONCRETE PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner that the remaining pavement is not damaged. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-4 3.07 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.08 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3. Prior to milling in areas with signal loop detectors, the Contractor will disconnect each loop detector splice in the appropriate hand hole. This will prevent damage that may be caused if loop wire is damaged and/or pulled out of the box. B. Concrete 1. Mill surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.09 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medi . .s, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.10 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-5 E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.11 HAUL AND STOCKPILE BITUMINOUS MATERIAL (SPECIAL) A. Includes removal from the Site of any bituminous reclaimed or milled material that is found to contain underlying pavement reinforcement fabric (PRF), which is a non -woven, petroleum fabric. B. Material must be placed in a truck and hauled to a Site within the City of New Hope, where it shall be stockpiled. C. Stockpile site shall be determined by the City prior to start of project. D. Contractor is responsible for establishing and maintaining all temporary sediment control measures around the stockpile until the stockpile is complete (incidental). E. This material will be used on another project within the City (not in this contract). F. The exact presence or location of this material within the project limits is not entirely known. The contractor should anticipate finding it on 49th Avenue between Boone Avenue and Virginia Avenue. It may be located in additional areas as well, including on the mill and overlay streets. 3.12 REMOVE MANHOLES AND CATCHBASINS A. Remove casting and cone section of structures a minimum of 3 feet below final grade. B. Knock holes in lower section of manhole and fill cavity with granular material. 3.13 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non -shrink concrete grout, or concrete block masonry 8 inchesthick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.14 REMOVE SIGNS A. Remove signs, including post (s), and deliver to Owner. 3.15 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT section 2104.3.B. B. Lighting Unit 1. Remove and salvage existing yard lights that interfere with the Work. 2. Place at temporary location as directed by the Engineer. 3. Reinstall in locations as shown on Drawings or as directed by Engineer. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-6 4. Lighting units damaged during construction shall be replaced with new at no charge to Owner. C. Mailboxes 1. Remove and salvage existing mailboxes that interfere with the Work or whose access is restricted by the construction activities. 2. Place at temporary locations as directed by Engineer or as shown on Drawings. 3. Removal, temporary re -installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. D. Railings 1. Salvage and store railing and post material where they are in conflict with the Work. 2. After completion of Work, reinstall railing to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end of the working day while the permanent railing is removed. 3.16 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removcl or salvaging operations shall be replaced with new material of equal type and qu- ity of the damaged item when it was new. 3.17 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803259 0241 13-7 This Page Left Blank Intentionally SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clearing. Measurement will be by physical count of each tree cleared having a diameter of more than 4 inches at a point 24 inches above the ground surface. Payment will constitute compensation in full for all removal, disposal, and costs. 2. A Bid Item has been provided for Grubbing. Measurement will be by physical count of each trte or stump grubbed. Payment will constitute compensation in full for all remove,,, disposal, and costs. 3. Sod Removal: This Work is considered incidental to the other Work of the Contract. 4. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 5. Tree Trimming/Pruning: This Work shall be incidental to the Project. b. Brush Removal: This Work shall be incidental to the Project. 7. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2101 -Clearing and Grubbing. 2. 2571 - Plant Installation and Establishment. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. SITE CLEARING © 2016 Stantec 1 193803259 31 10 00 - 1 C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 QUALITY ASSURANCE A. Burning 1. On -Site burning is not allowed. 2. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. 3. Conform to all local regulations. 1.06 SITE CONDITIONS A. Work consists of removing trees generally within the project limits for roadway, utility, and trail construction. B. The Drawings do not specifically show all trees to be cleared and/or grubbed. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. SITE CLEARING © 2016 Stantec 1 193803259 31 1000-2 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 31 2300. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re -spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right-of-way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. 1. Haul excess topsoil offsite to allow for 5 inches of new topsoil borrow and 2 inches of erosion control compost blanket. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. SITE CLEARING © 2016 Stantec 1 193803259 31 1000-3 C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION SITE CLEARING © 2016 Stantec 1 193803259 31 1000-4 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 -Site Clearing. 4. Section 31 23 13 - Subgrade Preparation. 5. Section 32 92 00 - Turf and Grasses. 6. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (P). Measurement will be by volume of material in its original position, based on pre -construction cross sections and the design grading grade profile performed by the Engineer. Quantity shall be calculated and computed by the average end area method, using the original cross sections. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 3. A Bid Item has been provided for Subgrade Excavation (CV). Measurement will be by compacted volume in cubic yards of actual material excavated below the Grading Grade. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 4. A Bid Item has been provided for Excavation Special (CV). Measurement will be by compacted volume in cubic yards of actual material excavated for the tree trench and will be based on field measurements taken by the Engineer and verified by the Contractor. Payment at the Bid Unit Price shall be considered compensation in full for all costs of excavation, placement or excavated material in fill areas, and removal and disposal of excess excavated material off the Site. 5. A Bid Item has been provided for Select Granular Borrow (Modified). Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified. a. If the aggregate backfill material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 23 00 - 1 6. A Bid Item has been provided for Loam Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 7. A Bid Item has been provided for Select Topsoil Borrow (Special) (LV). Bid Item is for the compost -amended soil to be used in the boulevard along 49th Avenue North for Alternate No. 2. Measurement will be by loose volume of material placed in cubic yards. Payment shall include the compost and topsoil borrow, and all hauling, excavation, importing and placing topsoil and compost, mixing, scarifying existing soils, and tilling as shown on the Drawings. 8. A Bid Item has been provided for Structural Soil Borrow (CV). Measurement will be by the compacted volume in cubic yards of material placed, based on field measurements by the Engineer. Payment includes all hauling, excavation, importing and placing topsoil and aggregate layers, mixing and washing topsoil into rock layers, and compaction as shown on the Drawings. Structure Soil Borrow is a mixture of aggregates and topsoil that can be compacted to support sidewalks while also providing nutrients and voids for viable tree growth. 9. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 3. Contractor shall submit a list of all off-site and on-site sources of materials specified in this Section to Owner and Engineer at least two weeks prior to delivery of materials to the Site. 4. Contractor shall provide certificates for materials, including gradation test results, obtained from off -Site sources indicating compliance of materials with Specifications at least 2 weeks prior to delivery to the Site. Engineer may take random samples of the material during the progression of the Work to verify compliance with the specifications. Materials not meeting the specifications shall be removed and replaced at the Contractor's expense, including testing costs. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-2 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 0 to 40 #200 0 to 5 B. Recycled Aggregate: Conform to MnDOT Spec. 3149.2A.2. C. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. D. Topsoil Material: Conform to MnDOT Spec 3877.26: Loam Topsoil Borrow. 1. Material shall be screened and pulverized. 2.02 SELECT TOPSOIL BORROW SPECIAL A. Compost: Conform to MnDOT Spec. 3890.2A: Grade 1 Compost. B. Topsoil: Conform to MnDOT Spec. 3877.28: Loam Topsoil Borrow. 2.03 STRUCTURAL SOIL BORROW A. Topsoil Washed Into Aggregate Soil 1. Topsoil shall be washed into the void spaces of the top layer of angular rock in the structural soil areas as shown in the Drawings. Imported topsoil borrow shall meet the requirements of MnDOT Standard Specification 3877.6 for Loam Topsoil Borrow except for as modified below: Material Passing 2.00 mm (# 10) Sieve Size Percent (%) Clay <0.002mm 5-100 Silt 0.002 -0.085 mm 20-60% Sand 0.085-4.5 40-65% Organic Matter 5-100 Soil Ph 6-7 EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-3 B. 1 Inch Angular Rock 1. All angular rock within the structural soil mid-base layer shall meet the following: a. Material shall be a clean 100 percent natural crushed granite. b. Maximum Wash Loss of 0.5 percent. c. Minimum Durability Index of 35. d. Maximum Abrasion of 10 percent for 100 revolutions and maximum of 50 percent for 500 revolutions. e. Angular rock for the mid-base shall be uniformly graded with the following radation ASTM C-33 Size Number 67): U.S. Standard Sieve Size Percent Passing 1 inch (25.0 mm) 100 3/4 inch (19.0 mm) 95-100 3/8 inch (9.5mm) 20-55 No.4 (4.75 mm) 0-10 No.8 (2.36 mm) 0-5 C. 2 Inch to 4 Inch Angular Rock 1. All angular rock within the structural soil base layer shall meet the following: a. Material shall be a clean 100 percent natural crushed granite. b. Maximum Wash Loss of 0.5 percent. c. Minimum Durability Index of 35. d. Maximum Abrasion of 10 percent for 100 revolutions and maximum of 50 percent for 500 revolutions. e. Angular rock for the aggregate soil base layer shall be uniformly graded with the following gradation (ASTM C-33 Size Number 3): U.S. Standard Sieve Size Percent Passing 2'/2 inch (63mm) 100 2 inch (50mm) 90-100 1 '/2 inch (37.5mm) 35-70 1 inch (25mm) 0-15 1/2 inch (12.5 mm) 0-5 PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, or as modified herein. EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-4 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. After the roadway excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be cross-sectioned to determine quantities. 3.04 EXCAVATION FOR STRUCTURAL SOILS AND TREE TRENCHES A. Excavate to the lines, elevation, grades, and dimensions shown on the Drawings, or as necessary to complete the work shown on the Drawings. Excavation beyond the lines and grades shown in the Drawings or described herein without the specific direction of Engineer will be considered unauthorized excavation and shall be remedied at Contractor's expense by backfilling and compacting as specified for the appropriate situation described herein or shown on the Drawings. B. Sub -cut all trenches as shown on the Drawings to allow for placement of sand, angular rock, topsoil, pavement base material and pavement. C. Excavate trenches with a backhoe to minimize compaction of the sub -grade. D. Excavate and loosen subsoil to at least 12 inch depth with a backhoe where indicated in the Drawings. E. Start excavation at the far side of a tree trench and work out backwards. Excavation equipment shall not be allowed to travel in the features after they have been excavated. F. Rubber -tired construction equipment shall be strictly prohibited from working within excavated areas. As a general requirement, no construction equipment, including skid steer loaders, shall be allowed in the excavations. If this is not possible for some areas, only low ground pressure equipment shall be allowed to complete the work. G. Use only rubber -tired construction equipment when working from the pavement. H. Stability of Excavations: 1. Slope sides of excavations to comply with applicable Laws and Regulations and to provide access for compaction equipment. 2. Provide shoring and bracing where required to comply with Laws and Regulations, or to protect adjacent surface or subsurface features, or to limit activity within construction limits. Contractor shall design shoring and bracing and provide all EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-5 materials, including piling, uprights, stringers, and cross -bracing in good condition at no additional cost to Owner. 3. Remove all temporary shoring and bracing not specifically indicated in the Drawings or these Specifications to remain. Water Controls: 1. Provide all temporary water controls, including diversions as Contractor deems necessary, to prevent surface water from flowing into excavations. 2. Contractor shall dewater any of the work areas that become inundated with water from rainfall or ground water and this work shall be incidental. Material Storage: 1. Stockpile materials away from edge of excavations and trenches. Shape and grade to provide drainage and minimize erosion. Provide temporary erosion control and diversions around base as necessary. No material at any time shall be stockpiled in an area where runoff is tributary to a rainwater garden, end island, enhanced sand filter or tree trench. Materials should be stockpiled within construction limits or in other designated staging areas. 2. Dispose of demolition debris, excess and unsuitable material off-site promptly following excavation. 3. Protect excavation bottoms against freezing when atmospheric temperature is below 35 degrees F. 3.05 PLACEMENT OF STRUCTURAL SOIL MATERIALS A. Coordinate tree planting sequencing and methods with landscape contractor to determine the most efficient technique to be employed either concurrently with the placement of the aggregate lifts or after the installation of the aggregates. B. Remove all accumulated sediment and silt in the bottom of the basin prior to placement of sand. C. Do not loosen the sub -grade of the tree trenches. D. MnDOT Type V geotextile (per Section 31 32 19) shall be installed up the sides of the trench as shown in the Drawings. E. Placement of 2 inch to 4 inch angular rock shall be accomplished by dumping from the edges and spreading with a backhoe bucket, or some other acceptable means determined by the Contractor. If spreading with a backhoe is not possible for all areas, only tracked skid steers or other low ground pressure equipment shall be allowed in the trenches. Even then, this method shall be minimized as much as possible. F. 2 inch to 4 inch angular rock shall be placed evenly across the bottom of the trenches to the elevations shown on the Drawings. Contractor shall take care to prevent damage to underground utilities while backfilling and compacting. Contractor shall notify Engineer of any damage and repair as approved before proceeding. G. 2 inch to 4 inch angular rock shall be placed into the trench in 6 to 8 inch lifts. After each 6 to 8 inch lift, Contractor shall compact the rock using 4 to 5 passes of a vibratory compactor. Each 6 to 8 inch lift of 2 inch to 4 inch angular rock must be compacted before topsoil can be washed to prevent topsoil from being compacted between the rocks. EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-6 H. To wash the topsoil into the rock, topsoil shall first be spread evenly across the rock to a depth of 1 inch. Using a high pressure hose, topsoil shall be evenly washed into the rock J ust until the surface of the angular rock is exposed. Then, a second V lift of topsoil shall be placed on the rock, which is washed in as before. This process shall be performed a total of three times per 6 to 8 inch lift of angular rock. This will result in a total of 3 inches of topsoil being washed into each 6 to 8 inch lift of aggregate. I. The top layer of 1 inch angular rock shall be placed over the final layer of 2 to 4inch angular rock. The Contractor shall compact the rock using 4 to 5 passes of a vibratory compactor. Each 6 to 8 inch lift rock must be compacted before topsoil can be washed to prevent topsoil from being compacted between the rocks. Wash topsoil into the layer of 1 inch aggregate. Topsoil shall first be spread evenly across the rock to a depth of 1 inch. Using a high pressure hose, topsoil shall be evenly washed into the rock just until the surface of the angular rock is exposed. Then, a second 1 inch lift of topsoil shall be placed on the rock, which is washed in as before. This process shall be performed a total of three times per 6 to 8 inch lift of 1 inch angular rock. This will result in a total of 3 inches of topsoil being washed into each 6 to 8 inch lift of aggregate. K. Engineer may test a cross section of angular rock washed with Topsoil to determine the depth of soil penetration into the layer, and may adjust the method of topsoil washing in the field if desired results are not achieved as indicated by the Drawings. L. Contractor shall contact the Engineer upon the final placement of the 1 inch angular rock so that surveys of the finished surfaces can be completed. The Engineer shall notify the Contractor of areas that do not meet the tolerances specified. The Contractor shall correct the work prior to moving on to the next step. 3.06 PLACEMENT OF AMENDED SOILS A. Scarify or till subgrade in 2 directions to 4 -inches in depth. B. Scarify such that surface is evenly disturbed. C. Do not scarify within drip lines of trees to remain in place. D. Place amended soils in 3 lifts. 1. Maximum lift depth is 3 inches 2. Combine 2" compost to 6" imported topsoil prior to placement E. Rake beds smooth. F. Remove rocks and other deleterious materials larger than 1 -inch in diameter. G. Restore per Section 32 92 00. 3.07 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein. 1. Reclaim materials may be used only as specified in the Drawings or as directed by the Engineer. 2. No disposition of bituminous will be permitted within the Project limits. EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-7 3.08 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3E. 3.09 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. I . Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.10 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3H, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2016 Stantec 1 193803259 31 2300-8 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. 1. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2105 - Excavation and Embankment. 2, 2111 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric, sand sub base, aggregate backfill material, concrete curb and gutter, and bituminous pavement. B. Complete Subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. SUBGRADE PREPARATION 0 2016 Stantec 1 193803259 31 23 13 - 1 I 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified herein. 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2016 Stantec 1 193803259 31 2313-2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric Type 5. Measurement will be based upon units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. A Bid Item has been provided for Geotextile Fabric Type 5 (Special.) Bid Item is for fabric around tree trench. Measurement will be based upon units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type (s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2016 Stantec 1 193803259 31 32 19 - 1 PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non - woven), except as modified below: 1. Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Value Grab Tensile Strength ASTM D4632 200 either principal direction, lbs. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70 -Percent Retained* Burst Strength ASTM D3786 400 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 130 lbs., min. Permittivity (sec -1) ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft.2 Minimum Fabric Weight 8 oz/sy AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355, 2. The fabric installed at the bottom of the tree trench shall be a woven or knit fabric of polymeric filaments of polypropylene, polyethylene, polyester, or polyamide and shall meet the requirements of MnDOT Standard Specification 3733.1 for geotextile fabrics. PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 23 00. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2016 Stantec 1 193803259 31 32 19-2 B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION A. Conform to MnDOT section 3733.2A except as modified below. B. Place geotextile immediately ahead of the covering operation 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. C. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. D. Secure fabric in place by means of stone weights to prevent displacement. E. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. Granular borrow shall not be dropped on the fabric from a height greater than 3 feet 1. Place a minimum of 8 inches of granular borrow on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2016 Stantec 1 193803259 31 32 19-3 This Page Left Blank Intentionally SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. A Bid Item has been provided for Aggregate Base Special. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. This Bid Item is for use on Mill and Overlay streets to correct insufficient sub -base areas as directed by the Engineer. The depth of the sub -base correction will typically be a total of 1 foot deep including depth of the existing bituminous section. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2015 Stantec 1 193803259 32 11 23- 1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Base Special: Conform to MnDOT Spec. 3138, Class 5 aggregate. C. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or may allow for monetary price adjustments per MnDOT spec. 2211.5. 1. Corrective action for failed aggregate tests may include removal and replacement of all non -conforming materials. D. On -Site recycled aggregate materials shall not be used. E. Imported recycled aggregate base will be accepted per MnDOT Spec. 3138.2.C. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100 -Percent Standard Proctor Density. 2. Compaction for aggregate base on driveways, sidewalks, and trails shall be done by the Quality Compaction Method. 3. Install aggregate base in accordance with details on Drawings. 4. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. © 2015 Stantec 1 193803259 AGGREGATE BASE COURSES 3211 23-2 C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2015 Stantec 1 193803259 32 11 23-3 This Page Left Blank Intentionally SECTION 32 12 02 FLEXIBLE PAVING (STATE AID PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5, except as modified herein. 2. A Bid Item has been provided for bituminous material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Items have been provided for different types of bituminous mixtures: a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. The Contractor shall note that all bituminous no- wearing course is to be constructed in 2016 and all bituminous wear course for reconstruct street(s) is to be constructed in 2017. All trail paving shall be completed in 2016 with the exception of the trail between Zealand Ave and Virginia Ave, which will be paved in 2017. Bituminous wear course on Mill & Overlay streets is to be constructed and completed in 2016. All costs associated with the required bituminous construction phasing will be considered incidental to the Project FLEXIBLE PAVING (STATE AID PROJECTS) © 2016 Stantec 1 193803259 32 12 02 - 1 4. A Bid Item has been provided for Type SP 12.5 Bituminous Mixture for Patching. This Bid Item is for use on Mill and Overlay streets to correct insufficient sub -base areas as directed by the Engineer. The depth of the bituminous patch shall match the existing depth of the pavement in that area, minus the depth of the overlay for that area. Sawcutting for the patch area is incidental to this Bid Item. a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 5. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) a. 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. A copy can be found at http://www.dot.state.mn.us/pre-lettinq/spec/2014/2014-Materials-Lab- Supplement.rpdf b. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 2399 - Pavement Surface Smoothness. 4. 2535 - Bituminous Curb 5. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. FLEXIBLE PAVING (STATE AID PROJECTS) © 2016 Stantec 1 193803259 32 1202-2 C. Adjust structures prior to placement of bituminous wearing course as specified in Section 3305 17. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. E. Bituminous wearing course shall be constructed in 2017 as indicated by the Final Completion Date. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final cleanup of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3A„ except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. FLEXIBLE PAVING (STATE AID PROJECTS) © 2016 Stantec 1 193803259 32 1202-3 D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3. Follow asphalt emulsion supplier recommended application rates. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Pathways, Driveways, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.3.D.1 - Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E, except as modified herein. 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. 3. Structure Adjustment - Conform to Section 33 05 17 for tolerances. END OF SECTION FLEXIBLE PAVING (STATE AID PROJECTS) © 2016 Stantec 1 193803259 32 1202-4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3.Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 02 - Flexible Paving (State Aid). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4 Inch Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of concrete ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803259 32 13 14 - 1 3. A Bid Item has been provided for Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 4. Bid Items for Concrete Driveway Pavement have been included in the Bid Form. Measurement shall be on the basis of in-place square yard for each thickness. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Sub grade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement (keyway substitution). 7) Backfilling. b. Excavation for concrete driveway apron shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete driveway apron shall be measured and compensated per Section 32 11 23. 5. A Bid Item has been provided for Trench Drain. Measurement shall be per lineal foot of trench drain and grate installed. Payment of the Bid Item shall include the following: a. Concrete materials. b. Sub grade and base preparation. c. Grate and frame. d. Placement of materials. e. Finishing. f. Curing and protection. g. Reinforcement. h. Dowling to existing trench drain. i. Backfilling. j. Aggregate base. k. Adjacent concrete sidewalk shall be paid under the Concrete Walk Bid Item. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2211 -Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753 -Type 1-D Membrane Curing Compound. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803259 32 13 14-2 8. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. B. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. C. Construct concrete medians no sooner than 72 hours after placement of the concrete curb and/or walks. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk, Commercial and Residential Driveways. 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803259 32 13 14-3 E. Truncated Dome Panels: Approved products 1. East Jordan Iron Works - Cast Iron Coated - Charcoal. 2. Neenah Foundry Company - Cast Iron Coated - Charcoal. F. Trench Grate and Frame: 1. Trench grates shall be solid cover, 100 percent cast iron, 24" by 26". 2. Grates shall be Neenah Foundry to match existing grates. 3. Trench grate frame shall be fabricated from ASTM A36 mild steel 1-3/4 inch by 114 inch angle, with 1/2 inch Nelson stud concrete anchors, hot -dip galvanized surface finish. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway, trench drain, and driveways at the locations and elevations indicated on the Drawings. C. Construct walkways and driveways to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete curb ramp to conform to the Drawings. F. Verify locations with Engineer in the field prior to construction. G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. H. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. I. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 31 23 13 or Section 32 11 23. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3D.2, except as modified herein. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803259 32 1314-4 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 -inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3D and 2531.3D for slip form or 2531.31 for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. Pedestrian Curb Ramp - Truncated Dome. 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint be .peen the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7038A or current revision for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -inch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3E and 2521.3E.1.a (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3E. 1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1193803259 32 1314-5 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3G, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803259 32 13 14-6 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 02 - Flexible Paving (State Aid). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. A Bid Item has been provided for Concrete Curb and Gutter Design Special. Bid Item is for curb replacement on Mill and Overlay streets. Measurement shall be by the lineal foot measured along the face of the curb at the gutter line. Payment shall include excavation, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. 3. No separate measurement or payment for modifications at curb ramps, transition sections, or B618 curb installed at catch basins and radii. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 7. 3755 - Linseed Oil Membrane Curing Compound. CURBS AND GUTTERS © 2016 Stantec 1 193803259 32 16 13- 1 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. C. Coordinate notifications of restricted driveway access with Engineer and Property Owners. D. Spot replacement of curb and gutter on the mill and overlay streets should be completed prior to any bituminous paving. E. Install new curb and gutter within 3 days of removal on mill and overlay streets. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. CURBS AND GUTTERS © 2016 Stantec 1 193803259 3216 13-2 PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3. Aggregate base shall be approved by the Engineer prior to curb and gutter placement. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides. CURBS AND GUTTERS © 2016 Stantec 1 193803259 3216 13-3 a. Placement at catch basins to conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G. ] .a (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees F during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pit+ --d by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3H, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2F.1.b, except as modified herein. I. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. CURBS AND GUTTERS © 2016 Stantec 1 193803259 32 16 13-4 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.31, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2016 Stantec 1 193803259 32 16 13-5 This Page Left Bla Intentionally SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines - Paint a. Lines shall be measured by the lineal foot on the basis of length actually applied 1) Separate measurement made on the basis of nominal width. 2) Separate measurement will be made for paint markings and poly pre -form markings. b. Payment at the unit price shall include all 3 applications: 1 temporary and 2 permanent. Pavement Message - Paint a. Messages shall be measured on the basis of square foot applied 1) Area will be based on the MnDOT Pavement Marking Character Areas Chart. b. Payment shall include but is not limited to surface preparation, traffic control measures, maintaining the Work, and removal of temporary pavement markers. c. Payment at the Bid Unit Price shall include all 3 applications: 1 temporary and 2 permanent. Crosswalk Paint a. Shall be measured by the actual area of painted crosswalk in square feet. b. The temporary application as well as the second permanent application shall be considered incidental to the payment of the first permanent application. 4. Crosswalk Preform Thermoplastic a. Shall be measured by the area of applied crosswalk in square feet, including the white edge stripes. b. Black delineating strips shall be incidental and not part of the measurement. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3354 - Preformed Pavement Marking Tape for Permanent Traffic Lane Delineation and Legends. 3. 3590 - Epoxy Resin Pavement Markings. 4. 3591 - High Solids Water Based Traffic Paint. PAVEMENT MARKINGS © 2016 Stantec 1 193803259 32 17 23 - 1 5. 3592 - Drop -On Glass Beads. 6. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 7. High Durability Preformed Pavement Markings. 8. The Application Specification for Conventional Pavement Marking Materials. 9. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint/epoxy lot or batch formulation. B. Preformed Thermoplastic Pavement Marking product information, specifications. C. Pavement Marking Contractor Qualifications/Certifications. 1. Preformed Thermoplastic Pavement Marking certification. D. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. B. Confirm color, size, location, and pattern of crosswalk markings with Owner prior to application. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Preformed Thermoplastic Pavement Markings 1. Conform to MnDOT Specification 3356 with the following modifications: a. Pattern: DuraTherm by Ennis -Flint "Wheels with Brick Frame" or equal. b. Color: White c. Reflective. d. DuraTherm by Ennis -Flint or equal. C. Crosswalk Edge Mark 1. 12" wide white stripe along edges of pattern. 2. Preformed thermoplastic material, PreMark by Ennis -Flint or equal. PAVEMENT MARKINGS © 2016 Stantec 1 193803259 32 1723-2 D. Delineating Strip 1. 4" black delineating strip on outside edges of 12" white stripes. 2. Preformed thermoplastic material, PreMark Blackout by Ennis -Flint or equal. E. Glass Beads 1. Conform to MnDOT Spec. 3592. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint/Epoxy Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. B. Preformed Thermoplastic Pavement Markings 1. Place in conjunction with bituminous wear course paving as per manufacturer. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. PAVEMENT MARKINGS 0 2016 Stantec 1 193803259 321723-3 c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint or epoxy markings. 2. Rate of application shall be 8 lbs. per gallon. PAVEMENT MARKINGS © 2016 Stantec 1 193803259 32 1723-4 D. Preform Thermoplastic Pavement Markings 1. Install in accordance with manufacturer's recommendations. 2. Application must be done by a Certified Applicator. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS © 2016 Stantec 1 193803259 321723-5 This Page Left Blank Intentionally SECTION 32 32 23 SEGMENTAL RETAINING WALLS PART 1 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of furnishing and installing a Segmental Retaining Wall (SRW) System in accordance with the following Specifications and in close conformity with the lines, grades, design, and dimensions shown on the Drawings. The Engineer reserves the right to alter the alignment to improve constructability and aesthetics. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Modular Block Retaining Wall. Measurement shall be on the basis of square feet of surface area above the ground that is constructed: 1. Buried courses shall be incidental to the measurement. 2. Payment at the Bid Unit Price shall include: a. Masonry units. b. Aggregate base and backfill materials. c. Filter fabric. d. Drainage pipe. e. All other labor and materials necessary to completely construct the wall in accordance with the Drawings and Specifications. B. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Engineering Design: 1. NCMA Design Manual for Segmental Retaining Walls, Second Edition -1997. 2. ASTM 6638-01 Determination of Connection Strength Between Geosynthetics and Segmental Concrete Units. 3. NCMA SRWU-2 Determination of Shear Strength Between Segmental Concrete Units. B. Segmental Retaining Wall Units: 1. ASTM C140 -Sampling and Testing Concrete Masonry Units. 2. ASTM C1262 -Standard Test Method for Evaluating the Freeze -Thaw Durability of Manufactured Concrete Masonry Units and Related Concrete Units. 3. ASTM C1372 -Standard Specification for Segmental Masonry Retaining Wall Units. C. Geosynthetic Reinforcement: 1. ASTM D4595 - Standard Test Method for Tensile Properties of Geotextiles by the Wide - Width Strip Method. 2. ASTM D5262 - Standard Test Method for Evaluating the Unconfined Tension Creep Behavior of Geosynthetics. 3. Geosynthetic Research Institute (GRI): a. GG4 Determination of Long Term Design Strength of Geogrids. b. GG5 Determination of Geogrid (soil) Pullout. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 32 32 23 - 1 D. Drainage Pipe: 1. ASTM 3034 - Specification for Polyvinyl Chloride (PVC) Plastic Pipe. 2. ASTM DI 248 - Specification for Corrugated Plastic Pipe. E. Soils: 1. ASTM 698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort. 2. ASTM 448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 3. ASTM 422 - Particle Size Analysis. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 3300. B. Submit wall unit manufacturer's information, including wall unit sizes, shapes, materials, colors, patterns, etc. Include standard design information for proposed units, including allowable heights for various soil types, back slope conditions and surcharge conditions. Indicate which design sections are applicable for each location proposed. C. Material Submittals - Submit manufacturers' certifications, prior to the start of work, stating the SRW units, backfill, and the drainage aggregate meet the requirement of Part 2 - Products. Provide a list of successful projects with references showing that the installer for the segmental retaining wall is qualified and has a record of successful performance. D. Samples - Color of wall units and cap units shall be determined by the Owner prior to design. Submit standard color pallets and facing choices to the Engineer for final selection. Furnish 1 unit in the color and face pattern selected, if requested. Furnish one 12 inch square or larger piece of the geosynthetic reinforcement to be used on the Project, if requested. E. Submit Surface Sealer manufacturers' data. 1.05 WALL DESIGN CRITERIA A. Retaining walls shall be designed in accordance with recommendations of the NCMA Design Manual for Segmental Retaining Walls, Third Edition - 2014. The design provided by the Contractor shall consider the internal stability, including pullout, tensile overstress and internal sliding. The design shall also include external stability of the reinforced soil mass, including base sliding, overturning, and bearing. Analysis of the global stability or general mass movement of the SRW and adjacent soil mass, bearing capacity, and settlement estimates shall be determined by the Engineer employed by the Owner. 1.06 DELIVERY, STORAGE, AND PRODUCT HANDLING A. The Contractor shall inspect the material upon delivery to assure that the proper type and grade material has been received. B. The Contractor shall store and handle all materials in accordance with manufacturer's recommendations and in a manner to prevent deterioration or damage due to moisture, temperature changes, contaminants, corrosion, breaking, chipping, or other causes. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 323223-2 1.07 APPROVED SEGMENTAL RETAINING WALL SYSTEMS A. Suppliers of segmental retaining wall systems shall have demonstrated experience in the construction of similar size and types of segmental retaining walls on previous projects. Block used on the project shall meet the special compressive strength and durability requirements specified below in Part 2 - Products. Suppliers currently approved for this work are: 1. Anchor Block Wall Systems. 2. Keystone Retaining Wall Systems. 3. Rockwood Retaining Walls, Inc. 4. Versa -Lok Retaining Wall Systems. 5. Allan Block Retaining Wall Systems. 6. Or an approved equal. PART 2 PRODUCTS 2.01 CONCRETE SEGMENTAL RETAINING WALL UNITS A. Color and face pattern of wall units and cap units shall be determined by Owner prior to design. B. Retaining wall units shall be approximately 18 inches wide x 8 inches high with a straight face and split rock textured surface. C. Cap units shall be compatible with wall units and shall be sloped to shed water. 2.02 DRAINAGE PIPE A. The drainage collection pipe shall be perforated or slotted, PVC or corrugated HDPE pipe. The pipe may be covered with a geotextile sock that will function as a filter. B. Drainage pipe shall be manufactured in accordance with ASTM D3034 and/or ASTM D 1248. 2.03 DRAINAGE AGGREGATE A. Drainage aggregate shall be clean crushed stone or granular fill meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passing 1 inch 100 3/4 inch 100-75 No. 4 60-0 No. 40 50-0 No. 200 5-0 2.04 REINFORCED BACKFILL A. Reinforced backfill shall be free of debris and consist of 1 off the following inorganic USCS soil types: GP, GW, SW, SP, SM meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passinq 2 inch 100-75 3/4 inch 100-75 SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 323223-3 Sieve Size Percent Passing No. 4 100-20 No. 40 60-0 No. 200 35-0 The plasticity of the fine fraction of the reinforced soil shall be less than 6. B. The maximum aggregate size shall be limited to 3/4 inch unless field tests have been performed to evaluate potential strength reductions to the geogrid design due to damage during construction. C. Material can be site excavated soils where the above requirements can be met and whose soil properties meet the soil design properties. Unsuitable soils for backfill (high plastic clays or organic soils) shall not be used in the backfill or in the reinforced soil mass. D. Contractor shall submit reinforced fill sample and laboratory test results to the Architect/Engineer for approval prior to the use of any proposed reinforced fill material 2.05 LEVELING BASE A. Leveling base material shall consist of a compacted crushed stone base or non -reinforced concrete as shown on the Drawings: 1. Aggregate Base: Crushed stone or granular fill meeting the following tradition as determined in accordance with ASTM D448: Sieve Size Percent Passing 1 inch 100 No. 4 70-35 No. 40 35-10 No. 200 10-3 Base thickness shall be 6 inches (minimum compacted thickness). B. Concrete Base: Non -reinforced lean concrete base: 1. Compressive Strength: 500 psi (maximum). 2. Base thickness shall be 6 inches. 2.06 SURFACE SEALER A. Approved surface sealers are: I. TK Products 1 140 West 47Th Street Minnetonka, MN 55343 Product Name: TK -590-40 TK -290-12 TK -290 WB 20 2. ChemRex, Inc. 889 Valley Park Drive Shakopee, MN 55379 Product Name: Hydrozo Enviroseal 40 Hydrozo Enviroseal 20 3. Prosoco 3741 Greenway Circle Lawrence, KS 66046 Product Name: Sure Klean Weather Seal SL40 Sure Klean Weather Seal Siloxane WB 4. Other products approved by the Engineer SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 323223-4 2.07 ADHESIVE A. Adhesive for anchoring cap unit to the course below shall be Sta-Stuck SS400 construction adhesive, or equal. PART 3 EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which the retaining wall system is to be erected and notify the Engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Promptly notify the wall design Engineer of Project Site conditions which may affect wall performance, soil conditions observed other than those assumed, or other condition that may requires a reevaluation of the wall design. C. Verify the location of existing structures and utilities prior to excavation. 3.02 PREPARATION A. Ensure surrounding structures are protected from the effects of wall excavation. Excavation support, if required, is the responsibility of the Contractor, including the stability of the excavation and its influence on adjacent properties and structures. 3.03 EXCAVATION A. Contractor shall excavate to the lines and grades shown on the Construction Drawings. Owner's representative shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. B. All excavations shall be in accordance with OSHA regulations. C. Over -excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the Owner. 3.04 BASE LEVELING PAD A. Leveling pad material shall be placed to the lines and grades shown on the Construction Drawings, to a minimum thickness of 6 inches and extend laterally a minimum of 6 inches in front and behind the modular wall unit. B. Soil leveling pad materials shall be compacted to 98 percent of maximum density as determined by ASTM D698 - Standard Proctor density. C. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 323223-5 3.05 MODULAR UNIT INSTALLATION A. First course of units shall be placed on the leveling pad at the appropriate line and grade. Alignment and level shall be checked in all directions and insure that all units are in full contact with the base and properly seated. B. Place the front of units side-by-side. Do not leave gaps between adjacent units. Layout of corners and curves shall be in accordance with manufacturer's recommendations. C. Install shear/connecting devices per manufacturer's recommendations. D. Place and compact drainage fill within and behind wall units. Place and compact backfill soil behind drainage fill. Follow wall erection and drainage fill closely with structure backfill. E. Maximum stacked vertical height of wall units, prior to unit drainage fill and backfill placement and compaction, shall not exceed 2 courses. 3.06 BACKFILL PLACEMENT A. Backfill shall be placed, spread, and compacted in such a manner that minimizes installation damage. B. Backfill shall be placed and compacted in lifts not to exceed 6 inches where hand compaction is used or 8 inches where heavy compaction equipment is used. Lift thickness shall be decreased to achieve the required density as required. C. Backfill shall be compacted to 95 percent of maximum density as determined by ASTM D698 - Standard Proctor density. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be dry of optimum, +/- 2 percent of optimum. D. Only lightweight hand -operated equipment shall be allowed within 3 feet from the back of the modular concrete unit. E. At the end of each day's operation, the Contractor shall slope the last lift of backfill away from the wall units to direct runoff away from wall face. The Contractor shall not allow surface runoff from adjacent areas to enter the wall construction site. 3.07 CAP INSTALLATION A. Cap units shall be glued to underlying units with an all-weather adhesive recommended by the manufacturer. B. Adjacent cap units shall have a gap of no greater than 1/4 inch. 3.08 AS -BUILT CONSTRUCTION TOLERANCES A. Vertical Alignment: ± 1.5 inch over any 10 foot distance. B. Wall Batter: Within 2 degrees of design batter. C. Horizontal Alignment: ± 1.5 inch over any 10 foot distance. Corners, bends, curves ± 1 foot to theoretical location. SEGMENTAL RETAINING WALLS 0 2016 Stantec 1 193803259 323223-6 D. Maximum horizontal gap between erected units shall be 1/2 inch. 3.09 PROTECTION AND CLEANING A. Adequately brace work to prevent damage of any kind. B. Protect installed material to prevent staining or damage from the elements. C. At a time near completion of work, clean all exposed surfaces to provide a uniform appearing job. D. Apply surface sealer at manufacturer's recommendations. 3.10 WALL SEALER A. All units shall have their surfaces sealed. B. Surface sealing shall consist of preparation, furnishing and applying the surface sealer to the top, exposed front face, and backside of the upper 3 courses. C. The Contractor shall comply with the manufacturer's written instruction for preparing, handling, and applying the surface sealer. D. The surface to be treated shall receive a light water -blast to the extent that the surface is clean and free of oils. E. Before the surface sealer is applied, the surface to be sealed shall be dry and free of all dust, debris, and frost. F. Surface sealer shall be applied at the heaviest application rate specified by the sealer manufacturer. END OF SECTION SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803259 323223-7 This Page Left Blank Intentionally SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Erosion Control Blanket - Blown with Seed. Measurement will be based upon units of square yards installed complete in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all correlated activity to pneumatically install the Erosion Control Compost Blanket with Seed. 2. A Bid Item has been provided for Seed Mixture 21 -1 1 1. Bid Item is for the t�- nporary seed mixture for the boulevard area adjacent to the school prior to final trail, tree trench, and retaining wall installation. Measurement will be based upon units of pounds for seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300. B. Identification verifying contractor is certified Filtrexx Installer as determined by Filtrexx International, LLC (440-926-8041) or approved equal. C. Compost sample complying with all state, local, and federal regulations, along with a certification of compliance. Test results can be submitted using the US Composting Council Seal of Testing Assurance Program. D. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. TURF AND GRASSES © 2016 Stantec 1 193803259 32 92 00 - 1 E. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. F. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. G. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. H. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. I. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil that are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to seeding and sodding. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. TURF AND GRASSES © 2016 Stantec 1 193803259 329200-2 B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24 -percent nitrogen, 12 -percent phosphoric acid, and 24 -percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: Conform to MnDOT Spec. 3876. A. Residential Lawns: Conform to MnDOT Mixture 25-151. B. Temporary Cover: MnDOT Mixture 21 -1 1 1 . 2.04 MULCH: Conform to Section 01 57 13. 2.05 EROSION CONTROL COMPOST BLANKET: Conform to MnDOT Spec. 3890. A. Grade 2 compost. B. Consisting of weed -free compost. C. Derived from a well -decomposed of leaf, grass, and wood feedstock. D. Produced using an aerobic composting process meeting c R 503 regulations, including time and temperature data indicating effective weed seed, pathogen and insect larvae kill. E. Free of any refuse, contaminants or other materials toxic to plant growth. F. Non -composted products are not acceptable. G. Particle size for pneumatically applied blanket cover shall pass a 19mm (0.75 inch) sieve, in accordance with TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification." PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. TURF AND GRASSES © 2016 Stantec 1 193803259 329200-3 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575-1 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual. D. Applying Mulch: Conform to MnDOT Spec 2575.3F and apply at a rate of 2 tons per acre (90 lbs./1,000 sq. ft.). E. Sowing Seed: Conform to MnDOT Spec. 2575.3. 1. Winter and Summer: At the approval of the Engineer. 2. Deviations in planting schedule from Mn DOT Spec 2575.3.A will beat the approval of the Engineer. 3.05 MULCH: Conform to Section 01 57 13. 3.06 EROSION CONTROL COMPOST BLANKET - BLOWN WITH SEED INSTALLATION A. Seeding Rates: Conform to the 2014 MnDOT Seeding Manual. 1. 25-151 Mix: 120 Ib/acre. TURF AND GRASSES © 2016 Stantec 1 193803259 329200-4 B. Seeding Dates: Conform to Table 2 in the 2014 MnDOT Seeding Manual and MnDOT Spec. 2575. 1. Spring: April 1 -June 1. 2. Fall: July 20- September 20. 3. Deviations in the planting schedule will be at the approval of the Engineer. C. Compost Blanket shall be pneumatically applied with blower equipment in a non - compacted layer: 1. Thickness: 2 inches. 2. Injection seeded and fertilized during the process of compost application. 3. Install compost blanket in 2 lifts. 4. Application rate: 1 inch of compost equals approximately 135 cubic yards of compost material per acre of application area. a. Contractor shall supply truck load tickets to verify application rate. 3.07 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.08 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact uno , lying soils. Do not compact topsoil. 3.09 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. 3.10 SOIL MOISTURE AMENDMENT A. Apply per manufacturer's recommendations. B. Thoroughly mix with topsoil and compost mixture prior to placement. C. This item shall be incidental to the Work. 3.11 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas and 100 percent of sodded areas. 3.12 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. TURF AND GRASSES © 2016 Stantec 1 193803259 329200-5 B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. C. Any seed that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. E. Watering of seeded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.13 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2016 Stantec 1 193803259 329200-6 SECTION 32 93 00 PLANTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish plants and planting soil required, bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, watering, mulching, fertilizing, and maintenance. B. Related Sections 1. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Deciduous Trees. Measurement will be by each caliper and/or size range furnished and planted in accordance with the Drawings, regardless of species. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Pid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. American National Standards Institute (ANSI) 1. ANSI Z60.1 - American Standard for Nursery Stock. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.2A2. 2. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to bulk delivery. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.06 SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. B. Protect established turf areas during planting operations. PLANTS © 2016 Stantec 1 193803259 32 93 00 - 1 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: April to June 1. 2. Fall: August 20 to October 1. 3. No Work shall be done when the ground is frozen, snow covered, too wet, or in an otherwise unsuitable condition for planting. 4. Special conditions may exist that warrants a variance in the specified planting dates or conditions. Submit a written request to the Engineer stating the special conditions and proposal variance. 1.08 QUALITY ASSURANCE A. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. B. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. C. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to the Engineer, together with proposal for use of equivalent material. D. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by a recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. E. Trees, Shrubs, and Perennials: Provide trees, shrubs, and perennials of quantity, size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, gown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun -scald, injuries, abrasions, or disfigurement. F. Plant Names and Labels: The nomenclature used in the Drawings and Specifications conforms with few exceptions, to that of the current edition of Standardized Plant Names as adopted by the American Joint Committee on Horticulture Nomenclature. G. Workers: Landscaping work shall be performed by personnel familiar with planting procedures, and Work shall be Engineered our under the direction of a qualified planting supervisor. H. Inspection: The Engineer will inspect shrubs and perennials at place of growth before planting, for compliance with requirements for genus, species, variety, size, and quality. Engineer retains the right to further inspect shrubs and perennials for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of Work. Remove rejected trees and perennials within 8 hours from the Site. PLANTS © 2016 Stantec 1 193803259 329300-2 I. All plant material shall be hardy stock grown in a similar hardiness zone for a minimum of 2 years. J. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to delivery. K. Most Deciduous Trees and Shrubs: Transplant in early spring after ground thaws and buds on trees or shrubs begin to swell, or in fall after leaves drop and before ground freezes. 1.09 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall be 2 years, and shall begin upon written approval of Work. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil 1. Topsoil for use as a plant growing medium in the tree planting beds. 2. Loam Topsoil Borrow: Conform to MnDOT Spec. 3877.28. B. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use double shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non -termite infested source. C. Fertilizer 1. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. 2. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. 3. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). D. Compost: Conform to MnDOT Spec. 3890.28. Plant and Nursery Stock: Conform ANZI Z60.1 1. Pruned and shaped prior to digging and balling. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Root ball minimum diameters and depths shall conform to AND Z60.1. 4. Unless specified otherwise, the minimum shrub size per type is as follows: a. Type 1 - Small Shrub or Creeping Conifer: 12 inch height/spread in No. 2 container class. b. Type 2 - Intermediate Shrub or Semi -Spreading Conifer: 15 inch height/spread in No. 2 container class. F. Geotextile Fabric 1. Conform to MnDOT Spec. 3733, Type 1. 2. Geotextile shall not be left exposed to the sun for a period in excess of 7 days without being covered. PLANTS © 2016 Stantec 1 193803259 329300-3 2.02 ACCESSORIES A. Tree Wrapping: 2 -ply asphalt cemented crepe paper furnished in strips. B. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. C. Wire Ties and Guys: Minimum 12 gauge, twisted 2 strands, pliable galvanized steel. D. Plant Protectors for Guy Wires 1. Minimum 10 inches wide, 40 mil thick polyethylene or polypropylene, no rubber or plastic hose permitted. 2. Length: 16 inches long. E. Safety Flags for Guy Wires 1. Material: Fluorescent orange surveyor's plastic tape. 2. Length: Minimum 6 inches. F. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed for approval based on the information provided by the product label and the manufacturer's recommendations. G. Water: Non -deleterious to plants or animals. H. Rodent Protection: Conform to MnDOT Spec. 2571.2C4. PART 3 EXECUTION 3.01 DELIVERY AND STORAGE A. Delivery 1. Notify Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Protect trees during transport by tying in the branches and covering all exposed branches. 3. The use of equipment, such as "tree spades," is permitted provided the plant balls are sized in accordance with ANSI Z60.1 and tops are protected from damage. 4. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 2. Store plants not installed on the day of arrival at the Site as follows: a. Shade and protect plants from the wind when stored outside. b. Heel in bare root plants. PLANTS © 2016 Stantec 1 193803259 329300-4 c. Protect plants stored on the Project from drying out at all times by covering the balls or roots with moist sawdust, wood chips, shredded bark, peat moss, or other similar mulching material. d. Keep plants, including those in containers, in a moist condition until planted, by watering with fine mist spray. 3.02 PLANT INSTALLATION A. Layout 1. Layout individual tree and shrub locations and areas for multiple plantings. 2. Stake locations and outline areas. Center holes at staked locations. 3. Verify the location of any underground utilities and adjust locations as necessary 4. Do not start planting work until layout is approved by the Engineer. 5. Make minor adjustments as required. Preparing Plant Holes 1. Do not begin Work on plant holes until after finish grading has been completed. 2. Dig plant pits so that they have vertical sides and flat bottoms. When pits are dug with an auger and the sides of the pits become glazed, scarify the glazed surface. Size the plant pits as shown on Drawings, otherwise, the minimum allowable dimensions of plant pits shall be as follows: a. Pit depths shall be 150 mm (6 inches) deeper for shrubs and 225 mm (9 inches) deeper for trees than the depth of ball or root spread; for ball or root spread up to 600 mm (2 feet). b. Pit diameters shall be twice the ball or root spread; for ball or root spread from 600 to 1,200 mm (2 to 4 feet), pit diameters shall be 600 mm (2 feet) greater. c. For ball or root spread over 1,200 mm (4 feet), pit diameters shall be 1-1 /2 times the ball or root spread. 3. Where existing soil is to be used in place, till new ground cover and plant beds to a depth of 100 mm (4 inches). Spread peat uniformly over the bed to depth of 50 mm (2 inches) and thoroughly incorporate it into the existing soil to a depth of 100 mm (4 inches) using a roto -tiller or similar type of equipment to obtain a uniform and well pulverized soil mix. During tillage operations, remove all sticks, stones, roots, and other objectionable materials. Bring plant beds to a smooth and even surface conforming to established grades. 4. In areas of new grading where existing soil is being replaced for the construction of new ground cover and plant beds, remove 100 mm (4 inches) of existing soil and replace with topsoil. Plant beds shall be brought to a smooth and even surface conforming to established grades. Till 50 mm (2 inches) of peat into the topsoil as specified. 5. Using topsoil form earth saucers or water basins for watering around plants. 6. Treat plant saucers, shrub, and ground cover bed areas, prior to mulching, with an approved pre -emergent herbicide. Plant ground cover in areas to receive erosion control material through the material after material is in place. 7. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 8. Rototill or aerate any planting soil compacted by operations. C. Pruning: Prune immediately prior to planting to remove stock damaged during transport and movement. PLANTS © 2016 Stantec 1 193803259 329300-5 D. Setting Plants 1. Field Grown and Container Grown Stock a. Handle balled and bur lapped, and container -grown plants only by the ball or container. Remove container -grown plants in such a way to prevent damage to plants or root system. b. Set plants plumb and hold in position until sufficient soil has been firmly placed around the roots or ball. Set plants in relation to surrounding grade so that they are even with the depth at which they were grown in the nursery, collecting field, or container. c. Plant perennial and ground cover plants after the mulch is in place. Avoid contaminating the mulch with the planting soil. d. For balled and bur lapped plants, carefully remove excess burlap and tying materials and fold back. Where plastic wrap or treated burlap is used in lieu of burlap, completely remove these materials before backfilling. e. Remove excess soil from the top of B&B and container grown trees to a point at the root flair. Finish grade should not be higher than the root flair. f. Backfill plants with planting soil mixture as specified to approximately half the depth of the ball and then tamp and water. Tamp and water remainder of backfill Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Stock a. Soak roots overnight before planting. Protect roots from drying during installation. b. Set plants plumb arranging the roots in a natural position without tangling or turning up to surface. c. Remove damaged roots with a clean cut. Paint cuts larger than 13 1, im (1 /2 inch) in diameter with tree wound dressing. d. Carefully work Planting Soil Mixture in among the roots. Tamp and water the remainder of Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. E. Remove surplus subsoil and topsoil from Site. 3.03 WATERING A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the Work is accepted. 3.04 MULCHING A. Place mulch material as described on details within 48 hours of the second watering, unless otherwise approved by Engineer. Dish top of backfill to allow for mulching. B. Mulch: For trees, provide not less than 4 inch thickness of mulch and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. For other plants, provide mulch depth as indicated on details. PLANTS © 2016 Stantec 1 193803259 329300-6 3.05 PROTECTION A. General 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. Trees 1. Guy and stake trees immediately after planting if needed due to potential wind damage. Conform to MnDOT Spec. 2571.31. Follow Drawing Details assuring that wires have slack to allow tree to move and develop strong trunk. 2. Inspect tree trunks for injury, improper pruning, and insect infestation/disease and take corrective measures before wrapping. 3. Wrap trees at end of growing season and remove prior to following growing season. Wrap all trees from the ground to the first major branch. 4. Install rodent protection. 3.06 EDGING PLANT BEDS A. Uniformly edge plant beds to provide a clear cut division line between the planted area and the adjacent lawn. 3.07 CLEANUP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.08 MAINTENANCE A. During the Plant Establishment Period the Contractor shall: 1. Water all plants to maintain an adequate supply of moisture within the root zone. An adequate supply of moisture is the equivalent of 25 mm (1 inch) of absorbed water per week either through natural rainfall or augmented by periodic watering. Apply water at a moderate rate so as not to displace the mulch or flood the plants. 2. Prune plants and replace mulch as required. 3. Replace and restore stakes, guy wires, and eroded plant saucers as required. 4. In plant beds and saucers, remove grass, weeds, and other undesired vegetation, including the root growth, before they reach a height of 75 mm (3 inches). 5. Spray with approved insecticides and fungicides to control pests and ensure plant survival in a healthy growing condition, as directed by the Engineer. 6. Remove plants that die during this period and replace each plant with 1 of the same size and species. 7. The Contractor is not responsible for theft or damage to plants by non -contractor vehicles or vandalism once plants are installed and approved. PLANTS © 2016 Stantec 1 193803259 329300-7 3.09 INSPECTION, ACCEPTANCE, AND WARRANTY A. Landscape work will be inspected for acceptance upon completion of all Work. B. Engineer shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. C. All plants will have a 2 -year establishment and warranty period. D. At the conclusion of the establishment and warranty period, a final inspection of planting will be made to determine the conditions of Work. When Work does not comply with Specifications, Contractor shall replace rejected work. Replacement plants will include a second establishment period. Remove rejected plants and materials from the Site. END OF SECTION PLANTS © 2016 Stantec 1 193803259 329300-8 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 -Site Clearing. 2. Section 33 10 00 - Water Utilities. 3. Section 33 31 00 - Sanitary Utility Sewer Piping. 4. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 -inch layer placed below pipe bedding, not including the first 6 inches. a. For example, say 2 feet of foundation material is required under a pipe installed with C-2 bedding. Because 6 inches of material is required for Class C-2 pipe bedding (and therefore incidental), payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. b. No payment will be made without the knowledge or consent of the Engineer. c. No payment will be made for subgrade rock installed for de -watering purposes only, unless specified. d. No payment will be made for disposing of excavated material off Site that has been created by placement of improved pipe foundation. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. Dewatering: No explicit, direct payment is made for this work. Costs for this work are to be included in the Bid Unit Price for the pipe or structure installed. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2105 - Excavation and Embankment. TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 33 05 05 - 1 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath th(. ,pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 330505-2 C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2131 for granular borrow a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP) 1. Class C-1 Bedding a. Undisturbed soil. b. No rocks larger than 3 inches shall be placed within pipe zone. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.21-1 Modified. 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.21-1 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.26.1 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. TRENCHING AND BACKFILLING 0 2016 Stantec 1 193803259 330505-3 PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing to,soil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 -Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 330505-4 Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 330505-5 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. C. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and C151. D. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. E. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 330505-6 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING © 2016 Stantec 1 193803259 330505-7 This Page Left Blank Intentionally SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. Related Sections 1. Section 33 10 00 - Water Main Utilities. 2. Section 33 31 00 - Sanitary Utility Sewer Piping. 3. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. 2. Adjusting Frame and Ring Casting: A Bid Item has been provided for Adjusting Frame and Ring Casting. Measurement will be by each for each existing casting that requires adjustment. a. Adjustment of frame and rings castings installed in this Contract are considered incidental to the installation of the structure. 3. Adjust Valve Box: A Bid Item has been provided for Adjust Valve Box. Measurement will be by each existing valve box requiring adjustment on the mill and overlay streets a. Adjustment of the valve box on new valves installed under this Contract is incidental to the Bid Unit price for furnishing and installing the valve. 4. Adjust Curb Box: Adjustment of curb box on new curb stops installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the curb stop. 5. Casting Assembly: A Bid Item has been provided for Casting Assembly. Measurement will be by each casting assembly installed, including adjusting rings. Payment includes casting, rings, compaction, and bituminous replacement around frame. a. Bid Item is for casting assemblies installed on existing structures. Casting assemblies for new structures shall be included in the Bid Unit price for the structure. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 -Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 - Specification for Portland Cement (Concrete Rings/Mortar). ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803259 3305 17- 1 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. Concrete (to be used on existing structures within the Mill and Overlay areas). 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. B. High -Density Polyethylene (HDPE) (to be used on all new structures within the reconstruction areas). 1. Molded high-density polyethylene conforming to ASTM D1248. C. Manhole Adjusting Ring - may be used for adjustment prior to wear course paving. 1. Neenah R-1979 Series, non -rocking application. ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803259 3305 17-2 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C 141. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. C. Sealant (For HDPE Rings) 1. DOW 999 -A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.04 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: Per details on Drawing. 2.05 VALVE BOX A. Risers 1. Conform to details on Drawings. 2. Conform to the requirements of Section 33 10 00. 2.06 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. ADJUST MISCELLANEOUS STRUCTURES 0 2016 Stantec 1 193803259 3305 17-3 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. Concrete Adjusting Ring 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps a. Mortar Thickness: 1/4 to 1/2 inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. C. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adiustina rinas as oer the followina: Location of Sealant Type of Sealant Between casting and last ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 Between intermediate rings: 1/2 -inch bead of DOW 999 Between cone/top slab and first ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803259 3305 17-4 D. Patch road to match existing pavement section. 3.05 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Article 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. E. Dispose of removed material off Site. 3.06 HYDRANT EXTENSIONS A. Remove upper section. B. Install extension kit as per manufacturer's requirements. C. Replace upper and lower rod assemblies with heavy-duty for extensions in excess of 18 inches. D. Replace the upper section. 3.07 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. For adjustment prior to wear course paving, steel adjustment rings will be allowed. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803259 3305 17-5 of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803259 3305 17-6 SECTION 33 08 30 COMMISSIONING OF SANITARY SEWER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Testing of sanitary sewer pipe, manholes, fittings, and miscellaneous appurtenances. Related Sections 1. Section 33 31 00 - Sanitary Utility Sewer Piping. 2. Section 33 31 14 - Sanitary Sewer Services. 3. Section 33 39 00 - Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. A Bid Item has been provided for Clean & Video Tape Pipe Sewer. Measurement will be by lineal foot. Payment will include all costs related to jetting, vacuuming, providing water for determining sags, and televising the line as specified, including submittals. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C924 - Standard Practice for Testing Concrete Pipe Sewer Line by Low -Pressure Air Test Method. 2. C969 - Standard Practice for Infiltration and Exfiltration Testing of Installed Precast Concrete Pipe Sewer Lines. 3. Cl 103 - Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Line. 4. Cl 244 - Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure. 5. F1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines using Low -Pressure Air. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Proposed field testing methods. 2. Results of field testing 3. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. 4. Electronic Copies: Televising reports shall be submitted in pdf format. One pdf shall be created for each section of pipe located between two manholes. Each report shall be named with a number matching the Owner's pipe identification number. The identification number for each section of pipe shall be provided to the Contractor prior to televisions. COMMISSIONING OF SANITARY SEWER UTILITIES © 2016 Stantec 1 193803259 33 08 30 - 1 5. Identification Spreadsheet: Provide in Microsoft Excel format with the Owner's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, images, and video must correspond to the pipe ID. A sample spreadsheet can be provided by the Engineer upon request. 6. Any images taken must be provided to the Owner in jpeg format or other format that is approved by the Owner. 7. Reports and video shall be provided for each televising inspection. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence test procedures only when pipe and structures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 3.02 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. B. Contractor shall provide all material, equipment, and labor required to test the sanitary sewer systems. C. Gravity Pipe Leak Testing 1. General a. Test all systems (pipe and structures) for leakage before being put in service. Notify Engineer of the date and time for each test 1 day prior to actual testing. Test in section length increments deemed necessary by the Engineer. b. Test each section by 1 of the following methods. c. Individual segments MH to MH pipe runs must be tested and accepted by the Engineer prior to starting construction of the next pipe run. 2. Low Pressure Air Test a. Diameter: Less than or equal to 24 inches. b. Must meet criteria set forth in ASTM F1417. c. Groundwater level shall be no higher than 2 feet above the top of pipe at upstream end. d. Acceptable time for loss of 0.5 psig of air pressure shall be the larger of the 2 times below: Pipe Size Min. Time Time (s/ft of pipe) Min's 8 3:50 0.760 10 4:40 1.187 12 5:40 1.709 15 7:05 2.671 18 8:30 3.846 21 9:55 5.235 24 11:20 6.837 COMMISSIONING OF SANITARY SEWER UTILITIES 0 2016 Stantec 1 193803259 330830-2 e. Requirement may be waved for reconstruction projects where reconnection of active sewer services prevents testing with permission from Owner. D. Gravity Pipe Deflection Testing 1. Required for all flexible pipe (FRP, PVC, and HDPE). 2. Deflection Testing Methods a. Pipe Diameters Through 24 Inches: Pull mandrel through the pipe by hand (without aid of mechanical pulling devices). b. Pipe Diameters Greater Than 24 Inches Through 36 Inches: Deflections shall be determined by use of a mandrel or a method submitted to and approved by the Engineer. If mandrel is used, it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). c. Pipe Diameters Greater Than 36 Inches: Deflection measurements shall be determined using a mandrel, rigid bar, a circular rigid template, or by a method approved by the Engineer. If mandrel is used, it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). 3. Deflection testing shall be conducted at least 30 days after the pipe has been backfilled to the desired finish grade on all direct bury flexible pipe. 4. 5 -percent deflection allowance. 5. Mandrel Diameter Requirements a. Diameter equal to 95 percent of the base inside diameter noted in Appendix XI of ASTM D3034 for PSM PVC pipe (SDR pipe) and calculated from Appendix X2 of ASTM F679 for PS 46 or 115 pipe. b. For all other pipe, the minimum diameter shall be equal to 95 percent of the Average Internal Diameter of the pipe as specified below: 1) Average Internal Diameter = (Average Outside Diameter) minus [2 by 1.06 by (Minimum Pipe Wall Thickness)]. 2) The Average Outside Diameter will be based on applicable ASTM or AWWA Standard. 3) No adjustments to the Average Internal Diameter will be allowed for out -of - roundness, diameter variation, or thickness variation due to manufacture, shipping, and handling. c. Mandrel shall be constructed of rigid steel, be non-adjustable, and have an odd number of legs (9 legs minimum). Its effective length shall not be less than its nominal diameter. 6. Deflection Template/Bar Requirements a. The circular template diameter (or rigid bar length) shall be equal to the mandrel diameter requirements as determined above. b. Circular templates shall be constructed of rigid materials and be non-adjustable. c. Rigid bars shall have a 1 inch diameter circular section, be constructed of steel, and be non-adjustable. 3.03 REQUIREMENTS FOR TEST FAILURES A. Pressure or Leak Test Failure 1. Repair piping as necessary to conform to product requirements. 2. All repair work shall be subject to approval by the Engineer. 3. Chemical type sealants added to the test water will not be permitted. 4. The Engineer may require removal and replacement of pipe in failed test sections. 5. The cost of replacement, repair, and re -testing of failed pipe sections shall be borne by the Contractor. COMMISSIONING OF SANITARY SEWER UTILITIES © 2016 Stantec 1 193803259 330830-3 B. Deflection Test Failure 1. Unless otherwise permitted by the Engineer, any over deflected pipe shall be uncovered, and if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the Site. 3.04 SANITARY SEWER CLOSED CIRCUIT TELEVISION INSPECTION A. General 1. Televising shall be performed on all newly constructed gravity sanitary sewer lines after successful leak testing has been completed and accepted. 2. The sewer contractor shall assist with providing access to all sanitary sewer lines after successful leak and deflection testing has been completed and accepted. 3. Format - The video will be submitted in a DVD format with both audio and video. 4. Camera - The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 5. Rate - The televising shall be conducted at a rate not to exceed 30 feet per minute. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine starting and ending doghouses for quality of mortar work. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sags in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each wye or service tap location with station and orientation (Example: wye right, 3 o'clock). COMMISSIONING OF SANITARY SEWER UTILITIES © 2016 Stantec 1 193803259 330830-4 7. The complete report and DVD shall be submitted to the Owner/Engineer within 14 days after the completion of the televised segments. 8. Include color photos/images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. 2. Comments and corrections will be noted and submitted to the Contractor for immediate correction. Defects 1. Any defect, faulty joints, cracked pipe, or other deficiency noted by the television inspection shall be immediately corrected by the Contractor. A plan for repair shall be presented to and approved by the Owner prior to the repair occurring. 2. Repairs shall be approved by Engineer prior to re -televising. 3. The repaired segment shall then be re -televised from manhole to manhole in accordance with section 3.04.F, and submit a report within 7 days. No additional compensation shall be awarded for re -televising any repairs or defects in the lines. END OF SECTION COMMISSIONING OF SANITARY SEWER UTILITIES © 2016 Stantec 1 193803259 330830-5 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: a. Water Main Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittingF Water main over depth shall not be measured. Payment at the Bid Unit Prig shall include furnishing and installing pipe complete in place as specified, including tracer wire and magnetized tracer boxes. b. Valve and Box: Measurement will be based on Valve and Box installed for each size. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified. 1) New Valves and Boxes for the hydrant relocations in Alternate No. 2 shall be paid under the Bid Item Relocate Hydrant. c. Hydrant: Measurement will be based on units of each Hydrant installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant complete in place as specified. d. DIP Fittings: Measurement shall be based on the AWWA C153 fitting weight installed in pounds, in accordance with the Drawings. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. 1) Tees and Fittings required for the hydrant relocations in Alternate No. 2 shall be paid under the Relocate Hydrant Bid Item. e. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. f. Connect to Existing Water Main: Measurement shall be based on each connection made, payment at the Bid Unit Price shall include all items required to complete the Work. 1) Connections for the hydrant relocations in Alternate No. 2 shall be paid under Bid Item Relocate Hydrant. g. Water Main Offset: No Bid Item has been provided. Water Main Offset shall be considered incidental to water main and fitting installation with no additional payment made. h. Temporary Water Main/Service: Per Section 01 50 00. WATER UTILITIES © 2016 Stantec 1 193803259 33 10 00 - 1 i. Insulation: Measurement will be based on square yards of Insulation at the specified thickness. Payment shall be made at the Bid Unit Price and will include furnishing and installation of the Insulation. j. Relocate Hydrant: Bid Item is for relocating hydrants and replacing associated gate valves and tees for trail construction for Alternate No. 2. Measurement shall be per each hydrant relocated. Payment shall include all items required to complete the work, including bituminous patching, sawcutting, removal of existing gate valve and tee, installation of new gate valve and tee, connections to existing water main, curb removal and replacement, all fittings, pipe, and salvage and reinstallation of existing hydrant. 1) Wear course paving shall be paid under the Wear Course paving item for the Mill and Overlay. 2. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 3. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 4. Tracer Wire: Shall be considered incidental to the Project. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. 2. C105 - Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C1 11 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C 116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 5. C150 - Ductile -Iron Pipe, Centrifugally Cast. 6. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 7. C153 - Standard for Ductile -Iron Compact Fittings. 8. C502 - Dry -Barrel Fire Hydrant 9. C515 - Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service 10. C550 - Protective Interior Coatings for Valves and Hydrants. 11. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 12. C651 - Disinfecting Water Mains. 13. C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, for Water Transmission and Distribution. 14. C905 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, for Water Transmission and Distribution. American Society of Testing and Materials (ASTM) 1. A48 - Gray Iron Castings. 2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 7. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 8. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. WATER UTILITIES © 2016 Stantec 1 193803259 33 1000-2 C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 3. Tracer wire. 4. Magnetized tracer box. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 72 hours prior to performing Work. At this time, the Contractor is responsible to notify the West Metro Fire Department of the intended shutdown. B. Owner requires a minimum 72 -hour notice for all residential utility interruptions. No residential utility interruptions shall begin prior to 9 A.M. (unless approved by the City) and maximum service interruption shall be 8 hours. C. It may be required to perform night-time utility interruptions. D. Notify all customers connected to water system to be shut down 72 hours in advance of shut down. E. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. F. Successfully complete required test and inspections before restoration of surface. G. Hydrant and valve replacement/relocation under Alternate No. 2 shall be completed prior to bituminous overlay. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C 151 /A21.51. B. Cement -mortar lining conforming to AWWA C104/A21 .4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C1 53/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111/A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C1 16/A21/ 2.02 POLYVINYL CHLORIDE (PVC) PLASTIC PIPE AND FITTINGS WATER UTILITIES © 2016 Stantec 1 193803259 33 1000-3 A. General: Pipe shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of AWWA C900 (4 inch to 12 inch diameter pipe) or AWWA C905 (14 inch to 48 inch diameter pipe). B. Design: Cast-iron pipe equivalent outside diameter with a minimum pressure class (PC) or dimension ratio (DR) as shown on the Drawings. C. Joints: Integral bell with elastomeric gasket joints providing a water -tight seal conforming to ASTM F477. D. Fittings: Conform to Ductile Iron Pipe (DIP) and Fittings specified under this Section. E. Marking: Conform to AWWA C900 and C905. 2.03 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA Cl 11/A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.); NSS Industries Cor -Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves only. 2.04 HYDRANT A. General Requirements: AWWA Standard C502. B. Specified Hydrant: Conform to the detail on the Drawings or WB -67-250. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2-1/2 inch hose connections with Minneapolis threads. E. STORZ connection. The hydrant pumper nozzle shall be of one-piece design, compatible with 5" STORZ hose coupling. The connection shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. STORZ adapters will not be accepted. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. J. 8'-0" cover. K. 16 inch high traffic section. WATER UTILITIES © 2016 Stantec 1 193803259 331000-4 L. Nozzle caps attached to hydrant with metal chains. M. Exterior Bolt Assemblies: Conform to Part 2 - Bolt Assemblies. N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with 4 red reflective bands without a bulb end. 2. 54 inches long, 3/8 inch diameter. O. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. P. Color: Painted Waterous Enamel No. V1814 -R (Fire Hydrant Red) at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.05 GATE VALVE AND BOX A. General Requirement: AWWA C515 or C509. B. Non -rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. O-ring seals. D. Mechanical joint ends conforming to AWWA C1 11 /A21.11. E. Exterior Bolt Assemblies: Conform to Part 2 - Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AW WA C550 and C 116/A21.16. G. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. H. Wrap gate valves according to Part 2 - Pipe Encasement. I. Spur gear actuator for valves 16 inches and larger. I Valve Boxes 1. 3 -piece, cast iron, screw-type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. K. Valve box adaptor to be included with valve box installation. 1. 1/4 -inch steel frame. 2. Powder coated or epoxy coated. 3. 3/4 -inch bottom rubber gasket. 4. Casting body and wedge assemblies coating WATER UTILITIES © 2016 Stantec 1 193803259 331000-5 a. Fusion bonded epoxy per ANSI/AWWA C1 16/A2. L. Tie Rods: 3/4 -inch diameter rods stainless steel or fusion bonded epoxy coated. 2.06 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating. a. Fusion bonded epoxy per ANSI/AWWA Cl 16/A2. B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.07 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.08 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.09 TRACER WIRE A. Conform to the applicable requirements of NEMA WC3, WC5, and WC7. B. Shall be Underwriters Laboratories (UL) listed for use in direct burial applications (e.g. USE, UF, or tracer wire). C. Conductor: Minimum No. 10 AWG - Copper Clad Steel Tracer Wire rated to 30 volts. D. Outside Identification: Volts (or V), AWG size, UL and designation (ex. "tracer wire"). E. Magnetized Tracer Boxes: Snake Pit Magnetized Tracer Box, www.copperheadwire.com, or approved equal. 1. Concrete/Driveway Box. 2.10 CORPORATION STOP A. Conform to the requirements of Section 33 12 12. 2.11 COPPER SERVICE PIPE A. Conform to the requirements of Section 33 12 12. PART 3 EXECUTION WATER UTILITIES © 2016 Stantec 1 193803259 33 1000-6 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Provide conductivity throughout the water system by use of conductivity strap, except for HDPE and PVC water main pipe. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. Installing Fittings 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. 4. Wrap fittings with polyethylene film according to Article 2.02 - Pipe Encasement. 5. Place thrust blocks or tie rods according to City standard details. Wrap all ductile iron pipe and fittings. 1. Only use tape approved for use with pipe encasement. 2. Pipe encasement shall be cut and wrapped around all fittings and valves to fully cover all surfaces. 3. Pipe encasement shall be placed when pipe is clean, prior to lowering pipe into trench. 4. Tape shall be required as needed to secure the pipe encasement. 5. Additional taping or a double layer of pipe encasement shall be required to repair any holes in the pipe encasement. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT WATER UTILITIES © 2016 Stantec 1 193803259 33 1000-7 A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than E. 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. F. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. G. Maintain hydrants in a plumb position during the backfilling operation. H. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. I. Furnish 1 additional marker for each hydrant to the Owner. J. Repair all scuffed or scratched surfaces with a field coat of paint supplied by manufacturer. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Restrain all bends and fittings with mechanical joint restraints. B. Provide concrete thrust blocking for all bends, tees, hydrants, and plugs: 1. Requirements per Drawings. 2. Block tees, plugs, and hydrants to same requirements as 90 degree bend. 3. All thrust blocking must be poured -in-place concrete. Wood or precast concrete segmental block is not allowed for thrust blocking. 3.06 INSULATION A. Review insulation installation with Engineer WATER UTILITIES © 2016 Stantec 1 193803259 33 1000-8 I . Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3. Place insulation over water pipe where tie-ins or other conditions limit bury depth to less than specified. 3.07 TRACER WIRE A. Attach to magnetized tracer box per manufacturer's specifications 1. Seal tracer wire leads and brass wire harness per manufacturer's specifications. B. Splice shall be accomplished by joining the 2 bare ends of the wires with either a copper mechanical split bolt compression fitting or a crimp -type compression sleeve for copper connections. No other connection is allowed. C. All joined splices and connections shall be fully enclosed using a 3M Brand ScotchfilTM Electrical Insulation Putty, or approved equal. The putty shall be fully sealed and bonded on all sides. D. Splices shall not be more frequent than 1 splice per 250 feet. E. Tracer wire shall be laid below all pipe, fittings, and hydrants. 3.08 TEMPORARY WATER SERVICE A. Refer to Section 01 50 00. 3.09 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during construction. D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. 3.10 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. WATER UTILITIES © 2016 Stantec 1 193803259 331000-9 3.1 1 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test 1. Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. C. Disinfection 1. General Requirement: AWWA C651 - Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4 Inches 1 2) 6lnches 2 3) 8Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 20 Inches 14 9) 241nches 20 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by the Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. After final flushing and before new water main is connected to the distribution system, two consecutive sets of samples, taken at least 24 hours apart, shall be collected from the new main. Follow Minnesota Department of Health standards. 6. At least 1 set of bacteria test samples is required for every 1,200 feet of water main installed, plus one set from the end of the line and at lest one set from each main lateral branch. Bacteria test to be performed by the Contractor and tested by the Contractor. D. Continuity Test (PVC) 1. Test to be completed on the tracer wire after installation of all Project utilities. 2. Fill all lines prior to the test. 3. Test all lines including hydrant leads, water services, and stubs. WATER UTILITIES © 2016 Stantec 1 193803259 33 10 00 - 10 Test: Physically locate all pipes with use of an electronic utility locating device such as a "Metrotech". a. Completing a low voltage circuit with the use of a suitable voltage source and meter to ensure continuity of the tracer wire will be allowed at the discretion of the Engineer. END OF SECTION WATER UTILITIES © 2016 Stantec 1 193803259 331000-11 This Page Left Blank Intentionally SECTION 33 12 12 WATER SERVICES PART11 GENERAL 1.01 SUMMARY A. Section Includes 1. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 10 00 -Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Water Service Line: Measurement by linear foot of each size and type of pipe measured along the axis of the pipe, from centerline of the water main to termination as shown on the Drawings with no regard to intervening fittings. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing. a. Placement and compaction of the aggregate material around the corporation stop and gooseneck is incidental to the service line. b. Supplying and installing wooden markers or fence a post is incidental to the service line. 2. 1" Corporation Stop: By physical count of each type installed. 3. 1 " Curb Stop and Box: By physical count of each type installed. 4. Service Saddle: No Bid Item has been provided for service saddle. Saddles are considered incidental to the installation of new water services. 5. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Water Service Line. 6. Connect to Existing Water Service: Measurement shall be based on each connection made, including the removal of existing plugs. Payment at the Bid Unit Price shall include all items required to complete the Work, including sleeves and reducers. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. B88 - Class K Copper Water Service Pipe. 2. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 3. D3035 - Standard Specification for Polyethylene (PE) Plastics Pipe (DR -Pr) Based on Controlled Outside Diameter. 4. F1290 - Standard Practice for Electrofusion Joining Polyolefin Pipe and Fittings. WATER SERVICES © 2016 Stantec 1 193803259 3312 12- 1 American Water Works Association (AWWA) 1. C105 - American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 2. C900 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches through 12 Inches, for Water Distribution. 3. C901 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 Inch (13 mm) Through 3 Inches (76 mm), for Water Service. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Corporation stop and curb boxes. 3. Service saddles. 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Perform testing of new water main prior to reconnecting existing services. C. In the event that connection to a properties' water service requires house access: Notify the Owner a Minimum of 72 hours prior to performing Work. Engineer will coordinate with the Contrad .. and residents the timing of house access to install the new service. The Contractor shall not install any water service without the Engineer having written authorization from the resident allowing entry to the home to perform Work. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inches for buried service shall be seamless, Type K water tube conforming to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints. 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. 2.02 CORPORATION STOP A. Approved Manufacturers: Mueller No. B-25000, Ford No. FB -600-4, FB -600-6, or A.Y. McDonald No. 4701-B. B. Threaded on outlet for flared connection with copper service pipe. C. Threaded on inlet end with standard tapered corporation cock thread. D. Saddles are required on all PVC water main. WATER SERVICES © 2016 Stantec 1 193803259 33 12 12-2 2.03 CURB STOP A. Approved Manufacturers 1. Curb Stops - 1 Inch: Mueller No. B-25154, Ford No. B22 -444M, or A.Y. McDonald No. 6104. 2. Curb Stops - 1-1/2 Inches: Mueller No. B-25154, Ford No. B22 -666M, or A.Y. McDonald No. 6104. B. Same size and connection type for inlet and outlet. C. Full opening through the valve body with no smaller restriction allowed. 2.04 CURB BOX A. Approved Manufacturers: Mueller, Minneapolis Pattern H-10300, Ford Model EM2-75-56R or EM2-75-57R, or A.Y. McDonald Model 5614 or 5615. B. Adjustable in height from 78 inches to 90 inches. C. Stationary rods. D. 1-1/4 inch upper section. E. Mueller, Minneapolis pattern base. 2.05 SERVICE SADDLES A. Stainless steel. B. Approved Manufacturers: Smith -Blair 372, Ford FS 303, or Cascade CS22. 2.06 TRACER WIRE A. Conform to the requirements of Section 33 10 00. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line 1. Parallel and upstream of the sewer service line in the same trench where feasible. 2. Installation of new water service pipe by boring, pushing, pulling, jacking, or other trenchless construction methods must be approved by the Engineer prior to implementing in the field. WATER SERVICES © 2016 Stantec 1 193803259 33 12 12-3 3. Terminate water service as shown on Drawings or as directed by the Engineer. Typically, termination will occur at the right-of-way. Corporation Stop 1. Tap into main only when water main is under pressure. 2. Use 2 layers of pipe tread sealant tape on corporations as a thread lubricant and sealant, or product approved by Owner. 3. Support corporation with 1/2 cubic yard 3/4 -inch stabilization rock. F. Curb Box 1. Support on full size pre -cast segmental manhole block. 2. Place in a plumb, vertical position. 3. Install to elevation matching finished grade. 4. Grade stakes will be furnished to establish elevations. G. Reconnect Existing Service 1. After testing, reconnect existing service to new service at the curb stop, utilizing straight coupling or appropriate reducing coupling with flared connection. 2. Remove existing curb stop and box and excess existing service pipe. 3. Upon completing the service connection and prior to opening the curb stop, the temporary service shall be disconnected from the spigot and the spigot reopened. 4. After opening the curb stop, the spigot shall be flushed in an appropriate location until and and/or chlorine is eliminated from the line. 5. If spigot is not available, coordinate flushing with the Owner and Engineer. 6. Verify operation of curb stop and stationary rods prior to backfilling. H. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: All water services will be pressure tested in conjunction with the water main, conforming to Section 33 10 00. 3.03 PROTECTION A. Mark Each Curb Box 1. Raise curb box to existing grade and mark with lath or stake so Engineer may tie out location. 2. Protect curb box throughout construction. END OF SECTION WATER SERVICES 0 2016 Stantec 1 193803259 3312 12-4 SECTION 33 31 00 SANITARY UTILITY SEWER PIPING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer gravity pipe, fittings, and miscellaneous appurtenances. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 4. Section 33 31 14 - Sanitary Sewer Services. 5. Section 33 39 00 - Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Sanitary Sewer Pipe. Measurement will be based on units of lineal feet for each size, regardless of depth, for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline to centerline of manholes or to the connection point of the existing pipe. a. PVC pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. A Bid Item has been provided for Connect to Existing Manhole. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection, including core drilling and reconstructing bench/invert. 3. A Bid Item has been provided for Connect to Existing Sanitary Sewer. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection. 4. Bid Items have been provided for Wyes. Measurement will be based on units of each for each wye or tee branch of each diameter and classification furnished and installed complete in place. 5. A Bid Item has been provided for Insulation. Measurement will be based on square yards of Insulation at the specified thickness. Payment will include furnishing and installation of the Insulation. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-1 4. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 5. D3262 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Sewer Pipe. 6. D4161 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. 7. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 8. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings. 9. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 10. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. American Water Works Association (AWWA) 1. AWWA C105 - American National Standard for Polyethylene Encasement for Ductile - Iron Pipe Systems. 2. AWWA Cl 11 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 3. AWWA C116 - American National Standard for Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 4. AWWA C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 5. AWWA C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 6. AWWA C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, For Water Distribution. 7. AWWA C905 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, For Water Transmission and Distribution. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Transition couplings. 3. Tracer wire. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-2 C. Successfully complete required inspections and testing before restoration of surface. PART 2 PRODUCTS 2.01 SOLID WALL PVC PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26 or 35 as shown on the Drawings. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 DUCTILE IRON PIPE (DIP) AND FITTINGS A. General Requirement: Pipe to conform to AWWA C151 /A21.51. B. Pipe Class: As shown on Drawings. C. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C1 1 1/A21.11 latest revision, mechanical joint or push -on. 1. All fittings shall be fusion bonded epoxy coated per ANSI/AWWA Cl 16/A21. D. Pipe and Fitting Lining: Protecto 401® Ceramic Epoxy (Ceramic Quartz Filled Amine Cured Novalac Epoxy), or approved equal. E. Marking: Conform to AWWA C 151 /A21.51. 2.03 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.04 DIP ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.05 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C 1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. By -Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during construction of the new sanitary sewer line. All Work and costs for this are considered incidental to the Project, unless otherwise specified. C. Erosion control and dewatering in conformance with Section 01 57 13. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 33 05 05. Install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. No deviation from the Drawings and/or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. D. Non -Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. F. Install pipe from lower to higher invert elevation with uniform and smooth invert line. G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. I. Jointing 1. In conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Flexible Pipe Installation: Conform to ASTM D2321. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-4 L. Sanitary Sewer Service Connections 1. Wye a. Wye to be at 45 -degree angle from horizontal. Minor deviations may be required to match elevation of the existing service pipe. b. All existing wye sections included in pipe removal and replacement areas shall be replaced. No reinstallation will be allowed. 2. Risers: Conform to Section 33 31 14. M. Installation of Insulation 1. Insulation over pipe in locations as shown on the Drawings. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing Manhole 1. Connect to existing structure at location shown on the Drawings. 2. If rubber boot exists at manhole opening, connect new pipe to the boot and secure. 3. If manhole opening does not contain rubber boot or the existing boot is damaged, core drill opening in the structure, and install a rubber boot in manhole opening prior to connection of pipe. 4. Make repairs to the structure required due to the Work performed, including installation of doghouse. 5. If necessary, the invert shall be reconstructed to accommodate new flow location. Reconstruction of invert will also be necessary if pipe sizes increase. Connect to Existing VCP 1. Expose existing sanitary sewer main at location as staked by Engineer. 2. Saw cut existing main to provide a straight joint at connection. 3. Connect new pipe to existing pipe with a transition coupling: a. Place 1 -inch to 2 -inch clear rock around the connect to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. b. Concrete collars will not be allowed. 3.04 MANHOLE INSTALLATION A. Conform to the requirements of Section 33 39 00. 3.05 FIELD QUALITY CONTROL A. Testing in conformance with requirements of Section 33 08 30. B. Re -test after corrective measures are completed. C. Cleanup 1. Cleaning Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system. Jetting may be required. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-5 3. Complete prior to final inspection for acceptance. END OF SECTION SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803259 3331 00-6 SECTION 33 31 14 SANITARY SEWER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer service pipe replacement and all appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 3. Section 33 31 00 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Service Pipe. Measurement will be by linear foot for each size and type of pipe installed as measured along the axis of the pipe with no regard to intervening fittings. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, pipe, bedding, backfill, and trench compaction. 2. No Bid Items have been included for service plugs or marking service ends. Payment for these items shall be included in the lineal foot price for Service Pipe. 3. A Bid Item has been provided for Connect to Existing Sanitary Sewer Service. Measurement will be based on each connection made, regardless of size. Payment at the Bid Unit Price shall include all items required to complete the Work. 4. A Bid Item has been provided for Repair Sewer Pipe. Bid Item is for removing and replacing any sanitary sewer service pipe that is damaged during water main installation. Measurement shall be per each service repair regardless of amount of pipe replaced. Payment shall include all work required to complete the repair, including removal of existing pipe, supplying and installing new pipe, connecting to existing service on each end of repair, pipe bedding, backfilling, and compaction. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C 1 173 - Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. SANITARY SEWER SERVICES © 2016 Stantec 1 193803259 3331 14-1 7. D2855 - Standard Practice for Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the some quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. 1.05 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product data for the following items: a. Pipe and fittings. b. Transition couplings. c. Tracer wire. B. Service Risers: Location of riser, including distance along sewer main from downstream manhole and offset distance from sewer main centerline. C. Services: Location of wye from downstream manhole, length of service lines, and depth. 1.06 SITE CONDITIONS A. All Work must be confined to within the limits of construction easements or public right-of- way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. Poly (Vinyl Chloride) (PVC) Schedule 40 Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of D1785 and ASTM D2665. PVC DWV fittings shall conform to ASTM D2665. Belled end pipe shall have tapered sockets conforming to ASTM D2672. 2. Design: Integral belled pipe with a minimum wall thickness conforming to Schedule 40. 3. Solvent Cement Joints: The solvent cement used to join pipe and fittings shall meet the requirements of ASTM D2564. SANITARY SEWER SERVICES © 2016 Stantec 1 193803259 3331 14-2 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 SEWER LATERIAL CLEAN OUT A. Conform to the detail on the Drawings. 2.04 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C 1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main wye as shown on Drawings. C. Minimum 1/4 inch per foot (2 percent) grade, unless otherwise directed by the Engineer. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 31 00. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Terminate 5 feet past property line or as shown on Drawings. G. All proposed service line locations are shown on the Drawings. H. Reconnect Existing Service 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Engineer must inspect the service pipe condition prior to connection. 3. During service reconnections, the Contractor should anticipate variations in size of existing pipe. If a pipe size is encountered that a line item is not present for, the Contractor shall be compensated only for additional material costs associated with the pipe size increase. Likewise, if the pipe size is smaller than anticipated, the Owner shall receive a credit for the material costs associated with the downsize in pipe. 4. Connect new pipe to existing pipe with a transition coupling approved by the Engineer. a. Place 1 inch to 2 inches of clear rock around the connection to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. b. Concrete collars will not be allowed. Record Actual Depth and Station at End of Service. 1. Exercise care in determining the depth. 2. The depth recording is incorporated into the "Record Drawings." SANITARY SEWER SERVICES © 2016 Stantec 1 193803259 3331 14-3 J. Plug ends with plug and necessary blocking. K. Repair Sewer service Pipe. 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Install new water main below service pipe per specifications. 3. Bed new service pipe in 6"-12" of clear rock. 4. Connect new pipe ends to existing service with a transition couple approved by the Engineer. a. Place 1 to 2 inches of clear rock around the connection to prevent joint offsetting b. Concrete collars will not be allowed. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Low pressure air and infiltration testing shall conform to Section 33 08 30 and be performed prior to existing service reconnection (where applicable). C. Tracer Wire Testing: Demonstrate the electrical continuity of the tracer wire. 3.03 PROTECTION A. Mark end of new service with a wooden 2 inches by 2 inches by "variable" marker 1. Extend 6 inches below and adjacent to the plug. Extend 2 feet above the ground line. 2. Continuous without any breaks. 3. Vertical or plumb. END OF SECTION SANITARY SEWER SERVICES © 2016 Stantec 1 193803259 3331 14-4 SECTION 33 39 00 SANITARY UTILITY SEWER STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer manholes and miscellaneous appurtenances. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 4. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 5. Section 33 31 00 - Sanitary Utility Sewer Piping. 6. Section 33 31 14 - Sanitary Sewer Services. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Refer to Section 33 31 00 for gravity sewer pipe pay items. 2. A Bid Item has been provided for Construct Drainage Structure 1'-�sign Special (Sanitary). Measurement will be based on each manhole regarL ::ss of height or diameter. Payment will include the manhole, manhole frame and casting, and adjusting rings in place as specified on the Drawings. 3. A Bid Item has been provided for Outside Drop. Measurement shall be on the basis of lineal foot from the lowest invert of the manhole to the invert of the pipe being service by the drop inlet. Payment shall be considered compensation in full for all labor, materials, and equipment necessary to perform the Work, including encasement, drop pipe, base slab, fittings, and concrete collar. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 2. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 3. C150 - Specification for Portland Cement. 4. C443 - Specification for Joints for concrete Pipe and Manholes, Using Rubber Gaskets. 5. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 6. C 923 - Specification for Resilient connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals. SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193803259 33 39 00 - 1 1.04 SITE CONDITIONS A. Manhole locations are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 3300: 1. Gaskets. 2. Joint sealants. 3. Manufacturers recommended installation procedures for jointing. 4. Plastic liner materials. B. Submit shop drawings for the following items consistent with Section 01 33 00: 1. Manholes, including reinforcing, joints, pipe connections, and castings. 2. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: a. Plans and elevations locating and defining all material furnished by manufacturers. b. Sections and details showing connections, cast -in items, field -installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items consistent with Section 01 33 00: 1. Castings. 2. Precast maintenance hole sections and steps. D. Manhole/Catch Basin Elevation Report 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. 1.06 QUALITY ASSURANCE A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer or other representative of the Owner. Such inspection may be made at the place of manufacture or on the Work after delivery, or at both places and the materials shall be subject to rejection at any time on account of failure to meet any of the requirements specified herein. Material rejected after delivery to the Site shall be marked for identification and shall be removed from the Site at once. All materials which have been damaged after delivery will be rejected and if already installed shall be removed and replaced entirely at the Contractor's expense. B. At the time of inspection, the materials will be carefully examined for compliance with the appropriate ASTM Standard and this Section and with the approved manufacturer's drawings. All precast manhole sections shall be inspected for general appearance, dimension, "scratch -strength," blisters, cracks, roughness, soundness, etc. The surface shall be dense and close -textured. C. Imperfections in precast manhole sections may be repaired, subject to the approval of the Engineer, after demonstration by the manufacturer that strong and permanent repairs SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193803259 333900-2 result. Repairs shall be carefully inspected before final approval. Cement mortar used for repairs shall have a minimum compressive strength of 4,000 psi at 7 days and 5,000 psi at 28 days when tested in 3 inch by 6 inch cylinders stored in the standard manner. Epoxy mortar may be utilized for repairs subject to the approval of the Engineer. D. Manhole Design 1. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. 2. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. 3. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. PART 2 PRODUCTS 2.01 COMPONENTS A. Manholes 1. Precast concrete sections conforming to ASTM C478 and this Section. No lift holes permitted. a. All sections shall be cured by an approved method and shall not be shipped nor subjected to loading until the concrete compressive strength has attained 3,000 psi and not before 5 days after fabrication and/or repair, whichever is longer. b. The date of manufacture and the name and trademark of the manufacture shall be clearly marked on the inside of each precast section. 2. Joints: Rubber gasketed joint forming a water tight seal conforming to ASTM C443. 3. Water Tight Pipe Connections a. Conform to ASTM C923 for connections between maintenance hole structures and pipes 1) Positive Mechanical Seal a) Required for 24 inches diameter and smaller pipe. b) Kor-N-Seal , PSX, or equal. 2) Integrally Cast Gasket a) Greater than 24 inches diameter pipe. b) A -Lok X -Cel, or equal. b. As shown on the Drawings. B. Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. C. Structure Bases 1. Pre -cast integral with bottom section of manhole for all structures 8 foot inside diameter and smaller. All structures supplied smaller than 8 foot inside diameter shall also have pre -cast inverts installed. 2. Outside Drop: Manhole bottom section to be pre -cast as monolithic base containing lower DIP elbow for drop, as shown on the Drawings. DIP shall conform to Section 3331 00. D. Castings: See Section 33 05 17. SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193803259 333900-3 2.02 ACCESSORIES A. Joint Sealers I . Sealer between upper precast section and casting frame and between all precast sections. a. Thickness: 1 inch wide by 3/8 inch thick (minimum). b. High quality, non -hardening, butyl rubber, 98 -percent solids that will not harden, shrink or oxidize. c. Ram-nek, or approved equal. B. Mortar 1. Grout a. Cement and fine aggregate as specified for concrete. b. Mix Proportion: 1 -part Portland cement, 2 -parts sand, by weight. c. Water/Cement Ratio: 0.50 +/- 0.05. d. Non - Setting by prolonged mixing. e. Mix 10 minutes in a power mixer. f. Slump: 6 inches +/- 1 inch. 2. Non -Shrink Grout - Minimum compressive strength of 3,000 psi. C. Adjusting Rings: Conform to Section 33 05 17. PART 3 EXECUTION 3.01 TRANSPORTATION A. Transport precast units by rail or truck in a manner to avoid excessive stress or strain on units. B. Support units during hauling and stockpiling with sufficient hardwood shores to prevent cracking and spalling. Secure units in place to prevent shifting or undesired movements. Location of temporary supports shall be as directed by precast manufacturer. 3.02 MANHOLE INSTALLATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. Place pre -cast integral base section on compacted subgrade and bedding for structures 6 feet diameter and smaller. Pre -cast base slabs may be installed independently of the structure for those greater then 6 feet. C. Set pre -cast concrete sections plumb with a 1/4 inch maximum out of plumb tolerance allowed. Seal all joints of pre -cast sections with a combination a rubber o -ring set in a recess and a Ram-nek preformed joint sealer in sufficient quantity to fill 75 percent of the joint depth. D. Repair the inside of any leaking joint by chemical injection or other approved material to the satisfaction of the Engineer. E. Casting Adjustment 1. Conform to Section 33 05 17. 2. Seal joint at the casting frame seat with 2 rows of joint sealer. SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193803259 333900-4 Steps 1. Set the centerline of each step within each maintenance hole to be within 2 inches of the vertical centerline for the group of steps. 2. Offset step centerline from pipe and drop openings. 3. Install top step at a maximum of 20 inches below top of casting. G. Prevent entrance of dirt and debris from all new and existing manholes. H. Drop manhole inlets shall be constructed in accordance with the details shown on the Drawings. 3.03 FIELD QUALITY CONTROL A. Complete manhole leak testing in accordance with Section 33 08 30. 3.04 CLEANING A. All new manholes shall be thoroughly cleaned of all silt, debris, and foreign matter of any kind prior to final inspection. END OF SECTION SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193803259 333900-5 Manhole/Catch Basin Field Elevation Report ® Stantec Project: Date: Owner: Contractor: Stantec's Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to complete this form before payment of structure is approved Structure Location Structure Design As - Structure Structure Direction of Street Name Type Invert (from Constructed Difference Comments / Quality No. Station invert/flow or Easement (circle one) Plan) Invert ( + / - ) Assurance Location Elevation MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 foot. SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections Section 31 23 00 - Excavation and Fill. Section 32 11 23 - Aggregate Base Courses. Section 32 16 13 - Concrete Curbs and Gutters. Section 33 05 05 - Trenching and Backfilling. Section 33 05 17 - Adjust Miscellaneous Structures. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, type, and class, regardless of depth, of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for Construct Drainage Structure. Measurement will be based on units of each, according to type and size, regardless of depth, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect to Existing Storm Sewer. Measurement shall be per each connection made, regardless of type of existing bulkhead or plug, or type of connection made. Payment will include all costs related to making the connection, including removal and disposal of the existing bulkhead or plug, and connection of existing pipe to new structures. 4. A Bid Item has been provided for Connect into Existing Drainage. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection and reconstruction of existing structure invert if necessary shall also be considered incidental to the connection. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-1 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic - Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C 139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C 150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 11 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-2 C. Submit the following for all round structures that are 6' in diameter or larger: 1. All dead, live (including vehicle, soil, and hydrostatic loading), and other applicable loads. 2. Design calculations for all members and connections. D. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. E. Manhole/Catch Basin Elevation Report 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C 150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixtu e for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall have the City of New Hope logo. D. Covers with 2 concealed pick holes of approved design (City of New Hope logo). E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block maybe used for the lower portion of structures over large pipe only when approved by the Engineer. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-3 D. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. E. Segmental Manhole Blocks: Blocks conform to ASTM C139. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. F. Provide report certifying that the quality assurance requirements were completed as required. 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings I . General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O- ring gaskets shall be synthetic rubber, circular reinforcing in cross-section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-4 B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to Existing Structure 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure and saw cut the pipe flush with the inside wall of the structure. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstruct manhole bench/invert. Connect to End of Existing Pipe 1. Connect to existing pipe at locations shown on the Drawings. 2. Locate and expose end of existing pipe. 3. Remove existing bulkhead or plug and dispose of off Site. a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 4. Utilize standard bell and spigot joint with rubber O-ring gasket if possible. 5. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. C. Pipe Installation 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re-laid as directed by the Engineer. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-5 D. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. E. Construct Manhole Over Existing Pipe (Connect to Existing Storm Sewer) 1. Construct manhole over existing pipe at locations shown on the Drawings. 2. Saw cut existing pipe to fit flush with inside wall of new structure. 3. Seal any openings in manhole. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90 degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-6 e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01 57 13. END OF SECTION STORM DRAINAGE UTILITIES © 2016 Stantec 1 193803259 334000-7 Manhole/Catch Basin Field Elevation Report ® Stantec Project: Date: Owner: Contractor: Stantec Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is reauired to complete this form before payment of structure is approved Structure Location Structure Design As - Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert ( + / -) Comments / Quality No. Station invert/flow Location (circle (from Elevation * Assurance one Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * - As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, and fittings and connection to structure. 2. A Bid Item has been provided for Connect Drain Tile to Drainage Structure. Measurement will r,q per each. Payment will include all costs related to core drilling a hole in the storm se. ,ver structure, making the connection, and patching as specified. 3. A Bid Item has been provided for 4" PVC Sump Pipe Stub including Wye and Cap. Measurement will be by each stub actually installed from the road draintile to 10' beyond the road draintile. Payment shall include non -perforated pipe, bedding, fittings (including wye and cap), cap and metal locating rod. 4. A Bid Item has been provided for Pipe Drain Cleanout. Measurement shall be per each cleanout installed in accordance with the Drawings, including all fittings and cap. 5. Supplying and installing required markers at service ends shall be considered incidental to the service installation. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. ASTM D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. ASTM D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. ASTM D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. ASTM D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. ASTM F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. ASTM F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. SUBDRAINAGE © 2016 Stantec 1 193803259 33 46 00 - 1 B. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the draintile prior to the installation of the draintile and sump stubs. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. 2.05 METAL LOCATING ROD A. To be used for locating purposes for draintile sump stubs. B. 3/4" round steel rods cut to 2 -foot lengths and buried at the end of the stub. 2.06 CLEANOUT A. Conform to the detail on the Drawings. SUBDRAINAGE © 2016 Stantec 1 193803259 334600-2 PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If p-rforated drain pipe is used, the pipe shall be placed so that the perforations are in the pc on indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 STORM SEWER SERVICE INSTALLATION A. Construct at locations determined by Engineer or Property Owner or as shown on the Drawings. B. Pipe Bedding: Bedding material. C. Plug upstream end of pipe. D. Sections of the pipe shall be firmly joined. E. Compaction: Conform to Section 33 05 05. 3.04 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION SUBDRAINAGE © 2016 Stantec 1 193803259 334600-3 This Page Left Blank Intentionally SECTION 34 41 05 TRAFFIC SIGNS AND DEVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Signs, signposts, and hardware. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sign Panels Type C. All new signs shall be measured in accordance with MnDOT Spec. 2564.4G. Payment for all sign installation shall be at the Bid Unit Price per unit of measure of square feet and shall include all materials, equipment, and labor necessary to install each sign and post(s) at the staked location. 2. There will be no extra compensation for posts, regardless of length or required configuration. There shall be no extra compensation for post installations in bituminous or concrete surfaces. 3. A Bid Item has been provided for Install Sign Type Special. Measurement shall be per each street name blade sign post installed, including street name blade signs. Posts with 2 name blades shall be paid as 1 unit. 4. A Bid Item has been provided for Dynamic Speed Display Sign. Measurement shall be per each blinker radar driver feedback sign installed, including furnishing and installing each sign as specified. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1. 2564 - Traffic Signs and Devices. 2. 3352 - Signs, Delineators, and Markers. 3. 3401 - Flanged Channel Sign Posts. B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material 1. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of MnDOT Spec. 3352.2A2e "Sign Sheeting Type IX." 2. Sign Legend Material for Signs: "Direct Applied" conforming to the requirements of MnDOT Spec. 3352.2A5. TRAFFIC SIGNS AND DEVICES © 2016 Stantec 1 193803259 3441 05- 1 B. Sign Posts 1. All sign posts shall be from Telespar or approved equal: a. Bottom Section: 2" square, 12 gauge, with Omni -anchor or approved equal. b. Top Section: 1-3/4" square, 14 gauge, with pre -punched holes. 2. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. The lower post shall be 6 to 7 feet in length. 3. Attach bottom section to top section with corner bolt. C. Hardware: 1. Bolts: a. 5/16 inch stainless steel bolts. b. A-304 stainless steel or Grade 5 zinc plated steel. 2. Nylon inserts lock nuts. 3. Nylon washers: a. 1/32 inch thick. b. Maximum of 3/8 inch inside diameter. c. Maximum of 7/8 inch outside diameter. 4. Stainless steel washer. D. Dynamic Speed Display Sign 1. 24" x 30" housing - 12" Text Display Blinker Radar Sign (Tapco or approved equal). 2. Galvanized U -Channel mounting posts - 2 posts/l knee brace. 3. Solar panel with mounting bracket. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise noted or modified herein, all sections of MnDOT Spec. 2564, all sections of MnDOT's Standard Signs Manual, and Chapter 6 of MMUTCD shall apply. B. The fabrication of all signs and devices shall conform to MnDOT Spec. 2564 and the latest edition of the MMUTCD and the MnDOT Standard Signs Manual. C. The sign number designation indicated on the Drawings shall comply with applicable requirements of MMUTCD and MnDOT Standard Signs Manual. 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located prior to installing all signposts. Provide Engineer 48-hour notice prior to sign installations to allow for adequate staking time. B. Install Dynamic Speed Display Sign per manufacturer's recommendations. C. Fabricate, hole punch, and mount sign panels in accordance with the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with the month and year using a thick permanent black marker pen or furnish and install inventory/I.D. stickers approved by the Owner. TRAFFIC SIGNS AND DEVICES 0 2016 Stantec 1 193803259 3441 05-2 D. Install nylon washers between the bolt and the sign face (sheeting). Do not over tighten bolts to the point where the sign sheeting separates from the sign backing, which would be cause for rejection and replacement at no additional cost to the Contract. The nylon washers used to protect to sign face shall be 1/32 inch thick, have a maximum inside diameter of 3/8 inch, and outside diameter of 7/8 inch. There shall also be a stainless steel washer between the nylon washer and the bolt head. E. The bottom section of each signpost shall be mounted into the ground to a minimum depth of 3-1/2 feet. The lower section of post shall be at least 30 inches above the ground to allow for a 12 -inch splice and a minimum clearance of 18 inches from the ground to the bottom of the top section of post. The splice of the upper and lower section posts shall be made with 2-5/16 inch stainless steel bolts with nylon insert lock nuts placed in the top and bottom holes of the overlap splice. Where 2 or more single post signs are mounted side by side, they shall be reinforced laterally by at least 2 post sections, bolted at each post, and located approximately at the quarter points. F. Contractor should plan for sign placements in hard surfaced areas prior to any new concrete and/or bituminous paving and provide "box -outs" for each sign in such a location. The "box -out" must be a 6 inch diameter round section of PVC pipe or a 6 -inch core cut hole. With either option, the box -out must be to a depth which encroaches the underlying soils. END OF SECTION TRAFFIC SIGNS AND DEVICES © 2016 Stantec 1 193803259 3441 05-3 This Page Left Blank Intentionally Request for Action November 27, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.7 Agenda Title Resolution approving final payment to S.R. Weidema, Inc. in the amount of $28,138.43 for the 2016 Municipal State Aid Infrastructure Improvements Project (project no. 962) Requested Action Staff recommends that Council pass a resolution and authorize final payment for the 2016 MSA Infrastructure Improvements Project to S.R. Weidema, Inc. in the amount of $28,138.43 Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The 2016 Municipal State Aid Infrastructure Project involved street and utility infrastructure improvements on 49thAve N between Boone and Winnetka avenues. The street improvement project is composed of a total reconstruction, including water main replacement, repairs to the storm sewer and sanitary sewer infrastructure system in specific areas, as well as, new curbing, sidewalk, bituminous pavement, parking and biking lanes. In addition to these improvements the project include the mill and overlay of 49thAvenue between Winnetka and Louisiana avenues, as well as the mill and overlay of Quebec Avenue between 49th and Winnetka avenues. All project work was completed this summer. The warranty period on the restoration product installed is complete. Funding The 2016 MSA Infrastructure Improvements Project was primarily funded thru state aid roadway funds. Utility work funding came from the city's water, sanitary, and stormwater funds, as well as assessments to tax exempt properties. The original contract amount for this project was $2,860,481.15. The final contract amount, including this final payment, is $2,700,982.60, which is $159,498.55 under the original contract amount. This underrun is primarily due to less street quantities required than originally estimated. Attachments • Resolution City Engineer Memorandum Final Pay Request I:\RFA\PUBWORKS\2017\2017 Council\962 MSA 49th Project\11-27-17 Project Close Out\RFA CP -962 Final Payment.docx City of New Hope Resolution No. 17-127 Resolution approving final payment to S.R. Weidema, Inc. in the amount of $28,138.43 for the 2016 Municipal State Aid Infrastructure Improvements Project (project no. 962) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with S.R. Weidema, Inc for construction of the 2016 MSA Infrastructure Improvements Project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 962 and approve final payment to S.R. Weidema, Inc. in the amount of $28,138.43; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to S.R. Weidema. NOW, THEREFORE, BE IT RESOLVED: That the City Council accepts the 2016 MSA Infrastructure Improvement Project from S.R. Weidema, Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $28,138.43. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of November, 2017. Mayor Attest: City Clerk I: \ RFA \ PUBW ORKS \ 2017 \ 2017 Coun cil \ 962 MSA 49th Project \ 11-27-17 Projec t Close Ou t ,MI November 13, 2017 File: 193803259 Aftenfion: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 2016 Municipal State Aid Infrastructure Improvements - Final Payment City Project #962 Dear Bernie, Enclosed find the final pay request and the IC -134 forms for the 2016 Municipal State Aid Infrastructure Improvements project. The contractor, S.R. Weidema, Inc., has completed the work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $28,138.43 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $2,860,481.15. The Final Construction Amount is $2,700,982.60, which is $159,498.55 under the Original Contract Amount. This underrun was primarily due to less street quantities required. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. aA40/91- W. XvIr-', Christopher W. Long, P.E. Attachments: Final Pay Request & IC -134's c. Kirk McDonald, Valerie Leone, Megan Albert, Andrew Kramer, Dave Lemke, Shawn Markham - New Hope; Adam Martinson, Kellie Schlegel - Stantec. Dc -sign with co r unity n mnind ® Stantec CIW"IS COPY Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: November 8, 2017 :or Period: 10/1 /2017 to 10/31/2017 Request No: 12/FINAL Contractor: S. R. Weidema, Inc., 17600 113th Ave. N., Maple Grove, MN 55369 CONTRACTOR'S REQUEST FOR PAYMENT 2016 MSA INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193803259 CITY PROJECT NO. 962 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order- Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: STANTEC i Approved by Contractor: S.R. WEIDEMA, INC. Specified Contract Completion Date: 193803259 R EO 12 F i na I. b s m 12/FINAL $ 2,860,481.15 0.00 0.00 $ 2,860,481.15 $ 2,700,982.60 $ 0.00 $ 2,700,982.60 $ 0.00 $ 2,700,982.60 $ 2,672,844.17 $ 0.00 $ 28,138.43 A roved by Owner: CIT HOPE Date: 11-9-9-17 I No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Item BASE BID MOBILIZATION CLEARING GRUBBING REMOVE WATER MAIN REMOVE SEWER PIPE (SANITARY) REMOVE SEWER PIPE (STORM) REMOVE WATER SERVICE PIPE REMOVE SANITARY SERVICE PIPE REMOVE CURB & GUTTER REMOVE CONCRETE PAVEMENT REMOVE BITUMINOUS PAVEMENT REMOVE BITUMINOUS DRIVEWAY PAVEMENT REMOVE CONCRETE DRIVEWAY PAVEMENT REMOVE CONCRETE WALK REMOVE HYDRANT REMOVE GATE VALVE AND BOX REMOVE WATER VALVE MANHOLE REMOVE MANHOLE OR CATCH BASIN (STORM) REMOVE MANHOLE (SANITARY) REMOVE CASTING REMOVE SIGN REMOVE SIGN TYPE SPECIAL SAWING CONCRETE PAVEMENT (FULL DEPTH) SAWING BITUMINOUS PAVEMENT SALVAGE LIGHTING UNIT COMMON EXCAVATION (P) SUBGRADE EXCAVATION (CV) SELECT GRANULAR BORROW (MODIFIED) GEOTEXTILE FABRIC TYPE V GEOTEXTILE FABRIC TYPE V (SPECIAL) EXCAVATION SPECIAL (CV) STRUCTURAL SOIL BORROW (CV) (TREE TRENCH) HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) STREET SWEEPER (WITH PICKUP BROOM) AGGREGATE BASE CLASS 5 AGGREGATE BASE SPECIAL (FOR PATCHING) MILL BITUMINOUS SURFACE (1.5") MILL BITUMINOUS SURFACE (2') BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 WEARING COURSE MIX (3,C) TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TYPE SP 9.5 WEARING COURSE (2,B) (TRAIL) TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING MODULAR BLOCK RETAINING WALL INSTALL CONCRETE BLOCK RETAINING WALL IMPROVED PIPE FOUNDATION 8" PVC PIPE DRAIN 8" PERF PVC PIPE DRAIN 4" PERF PVC PIPE DRAIN 4" PVC SUMP PIPE STUB INCLUDING WYE AND CAP CONNECT DRAINTILE TO DRAINAGE STRUCTURE 8" PVC PIPE DRAIN CLEANOUT INSULATION - 4" THICK 8" DUCTILE IRON PIPE SEWER 51" SPAN RC PIPE - ARCH SEWER CL IIA 58" SPAN RC PIPE - ARCH SEWER CL IIA 12" RC PIPE SEWER DES 3006 CL V 15" RC PIPE SEWER DES 3006 CL V 193803259R EQ 12 FinalAsm Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 122000.00 1 122,000.00 TREE 42 165.00 44 7,260.00 TREE 42 115.00 43 4,945.00 LF 3130 4.75 2912 13,832.00 LF 380 4.50 369 1,660.50 LF 2850 8.00 2773 22,184,00 LF 600 2.00 422 844.00 LF 200 2.00 124 248.00 LF 6350 3.00 6202 18,606.00 SY 110 4.25 63.3 269.03 SY 10605 1.75 8814.1 15,424.68 SY 180 5.00 856 4,280.00 SY 355 5.25 555 2,913.75 SY 1320 5.50 1390 7,645.00 EA 5 475.00 5 2,375.00 EA 8 175.00 8 1,400.00 EA 3 750.00 3 2,250.00 EA 35 400.00 35 14,000.00 EA 2 475.00 2 950.00 EA 24 75.00 23 1,725.00 EA 50 50.00 50 2,500.00 EA 9 75.00 9 675.00 LF 85 4.00 104 416.00 LF 360 3.25 295.7 961.03 EA 1 928.00 2 1,856.00 CY 11700 9.00 11700 105,300.00 CY 200 12.00 84 1,008.00 TN 17250 11.00 13880.85 152,689.35 SY 16000 1.75 11896.3 20,818.53 SY 3050 1.95 3045 5,937.75 CY 2100 8.50 2150 18,275.00 CY 2030 81.00 2380.14 192,791.34 TN 3500 4.50 2751.11 12,380.00 HOUR 58 135.00 124 16,740.00 TN 9520 12.00 9029.69 108,356.28 TN 725 22.00 70.4 1,548.80 SY 130 4.85 130 630.50 SY 34654 0.80 33251 26,600.80 GAL 1930 2.55 1975 5,036.25 TON 5540 62.25 4316.73 268,716.44 TON 115 155.70 115.21 17,938.20 TON 500 92.75 440.87 40,890.69 TON 1650 54.10 1373.68 74,316.09 TON 500 115.30 14.5 1,671.85 SF 200 40.00 230 9,200.00 SF 1800 76.00 2580 196,080.00 LF 1020 0.01 0.00 LF 100 20.00 57 1,140.00 LF 1100 21.00 2472 51,912.00 LF 6500 5.00 6394.5 31,972.50 EA 35 275.00 25 6,875.00 EA 65 75.00 45 3,375.00 EA 5 470.00 9.8 4,606.00 SY 100 45.00 26.6 1,197.00 LF 60 75.00 20 1,500.00 LF 245 109.00 243.44 26,534.96 LF 125 119.00 146.2 17,397.80 LF 270 29.00 283 8,207.00 LF 430 31.00 426 13,206.00 No. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 193803259REQ 12Final.xlsm Contract Unit Current Quantity Amount Item Unit Quantity Price Quantity to Date to Date 18" RC PIPE SEWER DES 3006 CL V LF 30 33.00 54 1,782.00 21" RC PIPE SEWER DES 3006 CL V LF 470 39.00 461 17,979.00 24" RC PIPE SEWER DES 3006 CL IV LF 30 41.00 36.92 1,513.72 27" RC PIPE SEWER DES 3006 CL IV LF 40 54.00 40 2,160.00 30" RC PIPE SEWER DES 3006 CL IV LF 35 74.00 34 2,516.00 36" RC PIPE SEWER DES 3006 CL IV LF 630 90.00 623 56,070.00 42" RC PIPE SEWER DES 3006 CL IV LF 570 100.00 594.04 59,404.00 SANITARY SEWER BYPASS LS 1 2500.00 1 2,500.00 CONNECT TO EXISTING SANITARY SEWER EA 3 1000.00 3 3,000.00 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 5 500.00 3 1,500.00 8"X6" PVC WYE EA 5 124.00 3 372.00 REPAIR SEWER PIPE EA 15 450.00 11 4,950.00 CONNECT TO EXISTING MANHOLE (SANITARY) EA 1 1300.00 1 1,300.00 CONNECT TO EXISTING STORM SEWER EA 9 845.00 9 7,605.00 CONNECT INTO EXISTING DRAINAGE STRUCTURE EA 1 950.00 1 950.00 8" OUTSIDE DROP LF 10 425.00 6 2,550.00 6' PVC SANITARY SERVICE PIPE LF 200 31.00 74 2,294.00 8" PVC PIPE SEWER (SANITARY) LF 327 36.00 371.87 13,387.32 CLEAN & VIDEO TAPE PIPE SEWER LF 387 3.00 380 380 1,140.00 TEMPORARY WATER SERVICE LS 1 6500.00 1 6,500.00 CONNECT TO EXISTING WATER MAIN EA 10 1100.00 10 11,000.00 CONNECT TO EXISTING WATER SERVICE EA 20 475.00 15 7,125.00 HYDRANT EA 7 4630.00 7 32,410.00 6" GATE VALVE & BOX EA 15 1299.00 15 19,485.00 12" GATE VALVE & BOX EA 4 3090.00 4 12,360.00 1" CORPORATION STOP EA 20 205.00 17 3,485.00 1" CURB STOP & BOX EA 20 225.00 17 3,825.00 6" PVC WATERMAIN LF 490 26.00 389 10,114.00 12" PVC WATERMAIN LF 2600 30.00 2523 75,690.00 1" TYPE K COPPER PIPE LF 600 40.00 422 16,880.00 DUCTILE IRON FITTINGS LB 2500 7.00 2065 14,455.00 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EA 2 3716.00 2 7,432.00 CASTING ASSEMBLY EA 24 745.00 29 21,605.00 ADJUST FRAME & RING CASTING EA 7 575.00 20 11,500.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (27") EA 1 1363.00 1 1,363.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (2'X3') EA 13 1698.00 13 22,074.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (4') EA 10 2182.00 10 21,820.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (5) EA 6 3144.00 6 18,864.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (6) EA 2 4550.00 2 9,100.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (7) EA 4 5124.00 4 20,496.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (8') EA 2 7410.00 2 14,820.00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC (9') EA 1 7423.00 1 7,423.00 4" CONCRETE WALK SF 58 6.75 353 2,382.75 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 650 33.45 868 29,034.60 CONCRETE CURB & GUTTER DESIGN 8618 LF 5680 12.90 5463 70,472.70 6" CONCRETE DRIVEWAY PAVEMENT SY 585 50.80 707 35,915.60 7" CONCRETE DRIVEWAY PAVEMENT SY 25 57.30 80 4,584.00 PEDESTRIAN CURB RAMP SF 1700 8.40 1689 14,187.60 TRUNCATED DOME PANEL SF 320 40.00 326 13,040.00 TEMPORARY MAIL LS 1 2500.00 1 2,500.00 INSTALL LIGHTING UNIT EA 1 1191.00 2 2,382.00 TRAFFIC CONTROL LS 1 3000.00 1 3,000.00 DETOUR SIGNING LS 1 4000.00 1 4,000.00 SIGN PANELS TYPE C SF 215 30.50 208 6,344.00 INSTALL SIGN TYPE SPECIAL EA 9 150.00 8 1,200.00 DECIDUOUS TREE 6' HT B&B TREE 25 425.00 25 10,625.00 TEMPORARY FENCE LF 500 9.75 500 4,875.00 STORM DRAIN INLET PROTECTION EA 45 410.00 60 24,600.00 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 1415.00 0.00 193803259REQ 12Final.xlsm 193803259R EQ 12Final.xlsm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 119 LOAM TOPSOIL BORROW (LV) CY 1060 30.00 1030 30,900.00 120 SEED MIXTURE 21-111 LB 75 3.00 115 345.00 121 WATER FOR DUST CONTROL MGAL 600 70.00 25.5 1,785.00 122 HYDRAULIC MULCH MATRIX LB 1900 1.50 3210 4,815.00 123 EROSION CONTROL COMPOST BLANKET - BLOWN SY 8800 2.50 7863 19,657.50 W/SEED 124 PAVEMENT MESSAGE PAINT SF 329 15.00 400 6,000.00 125 4" SOLID LINE PAINT LF 7800 0.25 9071 2,267.75 126 24" SOLID LINE PAINT LF 345 9.60 267 2,563.20 127 4" BROKEN LINE PAINT LF 4470 0.25 1420 355.00 128 4" DOUBLE SOLID LINE PAINT LF 3940 0.50 4294 2,147.00 129 CROSSWALK PAINT SF 950 6.40 2790 17,856.00 TOTAL BASE BID 2,566,702.84 ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 130 MOBILIZATION LS 1 8350.00 1 8,350.00 131 REMOVE CURB & GUTTER LF 240 5.50 451 2,480.50 132 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 6.50 30.8 200.20 133 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 300 6.75 0.00 134 REMOVE BITUMINOUS PAVEMENT (PATCHING) SY 400 9.50 360 3,420.00 135 REMOVE CASTING EA 3 75.00 3 225.00 136 HAUL & STOCKPILE BITUMINOUS MATERIAL (SPECIAL) TN 250 5.50 0.00 137 STREET SWEEPER (WITH PICKUP BROOM) HR 5 135.00 0.00 138 AGGREGATE BASE SPECIAL (FOR PATCHING) TN 400 23.00 0.00 139 MILL BITUMINOUS SURFACE (2") SY 8000 0.95 7061 6,707.95 140 BITUMINOUS MATERIAL FOR TACK COAT GAL 425 2.90 200 580.00 141 TYPE SP 9.5 WEARING COURSE MIX (3,C) TN 1020 62.25 769.46 47,898.89 142 TYPE SP 9.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TN 40 122.45 12 1,469.40 143 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING TN 150 79.60 100 7,960.00 144 ADJUST VALVE BOX EA 2 330.00 3 990.00 145 CASTING ASSEMBLY EA 3 750.00 3 2,250.00 146 ADJUST FRAME & RING CASTING EA 2 515.00 0.00 147 CONCRETE CURB & GUTTER DESIGN SPECIAL LF 240 21.00 362 7,602.00 148 7" CONCRETE DRIVEWAY PAVEMENT SY 35 72.00 30 2,160.00 149 TRAFFIC CONTROL LS 1 1000.00 1 1,000.00 150 LOAM TOPSOIL BORROW (LV) CY 25 32.00 24 768.00 151 EROSION CONTROL COMPOST BLANKET - BLOWN W/SEED SY 150 2.50 144 360.00 152 24" SOLID LINE PAINT LF 20 9.60 16 153.60 153 4" SOLID LINE PAINT LF 1785 0.25 1560 390.00 154 4" DOUBLE SOLID LINE PAINT LF 410 0.50 252 126.00 155 4" BROKEN LINE PAINT LF 1750 0.25 340 85.00 TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY 95,176.54 ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 186 CROSSWALK PAINT SF 450 -6.40 450 (2,880.00) 187 CROSSWALK PREFORM THERMOPLASTIC SF 1040 19.00 975 18,525.00 TOTAL ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS 15,645.00 ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY 188 DYNAMIC SPEED DISPLAY SIGN EA 2 10217.00 2.296 23,458.23 TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY 23,458.23 193803259R EQ 12Final.xlsm No. Item TOTAL BASE BID Contract Unit Current Quantity Unit Quantity Price Quantity to Date TOTAL ALTERNATE NO. 1: 54TH AVENUE MILL & OVERLAY TOTAL ALTERNATE NO. 3: THERMOPLASTIC CROSSWALK MARKINGS TOTAL ALTERNATE NO. 4: DYNAMIC SPEED DISPLAY TOTAL WORK COMPLETED TO DATE 193803259R EQ 12Final.xlsm Amount to Date 2,566,702.84 95,176.54 15, 645.00 23,458.23 2, 700, 982.60 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 962 STANTEC PROJECT NO. 193803259 CONTRACTOR S.R. WEIDEMA, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaae Completed 1 03/15/2016 03/31/2016 99,889.65 5,257.35 105,147.00 2 04/01/2016 04/30/2016 157,042.74 13,522.76 270,455.15 3 05/01/2016 05/27/2016 320,426.14 30,387.29 607,745.83 4 08/28/2016 06/30/2016 258,974.58 44,017.53 880,350.65 5 07/01/2016 07/31/2016 396,992.42 64,91 1.87 1,298,237.41 6 08/01/2016 08/31/2016 215,056.29 76,230.62 1,524,612.46 7 09/01/2016 09/30/2016 413,436.01 97,990.41 1,959,808.25 8 10/01/2016 11/08/2016 66,833.72 101,507.98 2,030,159.54 9 11/09/2016 06/30/2017 279,400.19 116,213.25 2,324,265.01 10 07/01/2017, 08/01/2017, 171,668.84 125,248.45 2,504,969.06 11 08/02/2017 09/30/2017 293,123.57 26,998.43 2,699,842.60 12/FINAL 10/01 /2017 111/08/20171 28,138.43 1 2,700,982.60 Material on Hand Total Payment to Date $2,407,859.03 Original Contract $2,860,481.15 Retainage Pay No. 12/FINAL Change Orders Total Amount Earned $2,407,859.03 Revised Contract $2,860,481.15 193803259REQ 12Finabdsm 11/16/YU1 i nttps:Nwww.mnaor.state.mn.us/tp/eservices/_/Ketrieve/u/c-/eo4YxwuzscwiviK2r-AbZ1whvvZ5H_rriLtz_=rnntz DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 0-289-462-464 16 -Nov -2017 10:05:38 AM S R WEIDEMA INC 41-1728453 1808244 Contractor Affidavit 1746649088 1808244 CITY OF NEW HOPE 962 15 -Mar -2016 29 -Sep -2017 NEW HOPE $2,700,982.60 Name ID Affidavit Number MIDWEST ASPHALT 7252554 1515626496 GEYER SIGNAL 3502133 1575731200 NORTHLAND EXCAVATING ""t-"'-0301 1441144832 GRANITE LEDGE ELECTRICAL 4796715 107913216 VILLAGE GREEN LANDSCAPE 4179918 461488128 RELIABLE TREE SERVICE 2967276 1294213120 HERNESS CONSTRUCTION 3051898 673062912 MIDWEST CONCRETE SPECIALTIES 4715615 1550065664 WARNING LITES OF MINNESOTA 3086922 834650112 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/e54Yxw08cwMR2PXBzMHWSA ?FILE= Print2 1/1 https:// www.ntndor.state.lnn.us/tp/eservices/_/Retrieve/U/c-/C'l I hid.l... "NUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-883-285-696 Submitted Date and Time: 25 -Oct -2017 11:03:39 AM Legal Name: MIDWEST ASPHALT CORP Federal Employer 1D: 41-0943785 User Who Submitted: mwasph Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1515626496 Minnesota ID: 7252554 Project Owner: CITY OF NEW HOPI=, Project Number: 2400 Project Begin Date: 01 -Aug -2016 Project End Date: 30 -Aug -2017 Project Location: NEW HOPE, MN Project Amount: $473,345.49 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withhold ing.tax@stale.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this oaq for your records using the print or save functionality built into your browser. 1 of 1 10,125/2017. 11:03 nM Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 2-113-797-952 19 -Sep -2017 10:02:39 AM GEYER SIGNAL OF ST CLOUD INC 41-1893856 geysig Contractor Affidavit 1575731200 3502133 CITY OF NEW HOPE N/A 14 -Mar -2016 11 -Nov -2016 NEW HOPE $16,082.50 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. Page 1 ot-1 ■ Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Social Security Number: Type of Request Submitted: Affidavit Summary Affidavit Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-020-147-904 15 -Nov -2017 7.15:06 PM NORTHLAND EXCAVATING LLC **-0301 Contractor Affidavit 1441144832 CITY OF NEW HOPE 2400 03 -Sep -2016 12 -Aug -2017 NEW HOPE MN $111,800.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://,,vww.mndor.state.mn.us/tpleontractoraffidavitl /Retrieve/0/c-INjnzZusngGaJGNu... 11/15/2017 MP11% DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-617-742-144 Submitted Date and Time: 8 -Sep -2017 9:47:21 AM Legal Name: GRANITE LEDGE ELECTRICAL CONTRC INC Federal Employer ID: 41-1968363 User Who Submitted: Grleelco Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 107913216 4796715 CITY OF NEW HOPE 2400 10 -Oct -2016 13 -Oct -2016 NEW HOPE - 2016 MSA INFRASTRUCTURE $23,450.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) . withhold ing.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. :. DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-641-147-072 Submitted Date and Time: 12 -Sep -2017 9:13:29 AM Legal Name: VILLAGE GREEN LAWN MTNC & LNDSC INC Federal Employer ID: 41-1933240 User Who Submitted: Shawnlandscape Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 461488128 Minnesota ID: 4179918 Project Owner: CITY OF NEW HOPE Project Number: 2400 Project Begin Date: 01 -Jun -2016 Project End Date: 01 -Sep -2017 Project Location: NEW HOPE Project Amount: $34,065.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withhold ing.tax@state.mn.us. Business hours are 8:00 a,m. - 4:30 p.m. Monday - Friday. Please print this nage for your records using the print orsave functionality built into your browser. Page 1 of 1 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affid-9vit has been approved. Confirmation Summary Confirmation Number: 0430.899-008 Submitted Date and Time: 7 -Sep -2017 12:12.48 PM Legal Name: RELIABLE TREE SRVC INC Federal Employer ID: 41.1671547 User Who Submitted: RellableTree Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project owner; Project Number: Project Begin Date; Project End Date: Project Location: Project Amount; Subcontractors: 1294213120 2967276 CITY OF NEW HOPE 2400 22 -Mar -2016 23 -Mar -2010 2016 MSA INFRASTRUCTURE- NEW HOPE $13,705,00 No Subcontractors Important Messages A copy of this page musk be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282.9999, (tolidree) 800-657-3594, or (Small) withholding.lax@slate.mn,us, Business hours aro 8:00 a,m, • 4:30 p,m, Monday - Friday. Please pJ:l_qL i5a o for your records using the print or save functionality built into your browser. iittnsl1www.mrldor..state,mn.us/tn/eservices/ /Retrieve/0/c-/7.c23YCxOBAefgl2jJ ojX2g_7... 9/7/2017 10/21/2017 hftps://www.mndor.state.mn.us/tpfeservices/–,/Retrieve/0/c-/l 026b3CkUUWnAZI MAguCcg—?FILE—=Print2 I[J OF REVENUE Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: - :Project Location: Project Amount: Subcontractors: 0-309-356-736 21 -Oct -2017 7:02:33 AM ALVERO LLC 46-2582481 alvero Contractor Affidavit 673062912 3051898 CITY OF NEW HOPE 2016 MSA INFRASTRUCTURE 28 -Mar -2016 30 -Sep -2016 NEW HOPE, HENNEPIN CO $1,550.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us 1 If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state_mn.us. Business hours are 8:00 a -m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/c-/l026b3CkUUWnAZ1 MAguCcg_?FILE_=Print2 1/1 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-296-892-096 Submitted Date and Time: 26 -Sep -2017 2:52:03 PM Legal Name: MIDWEST CONCRETE SPECIALTIES INC Federal Employer ID: 41-1963899 User Who Submitted: bbalfe Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1550065664 4715615 CITY OF NEW HOPE 2400-01 28 -Jul -2016 01 -Aug -2017 MSAINFRASTRUCTURE $155,450.55 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withhold ing.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. 9/26/2017 https://www.m ndor.state. mn. usltplese rvices/_/Retrieve/0/c-17Z6eVb Dm7xRLPSeLNrScgA_? F ILE_=Print2 DEPARTMENT 0L)W REVENUE- ContractorAffidavit Submitted '•id Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 1-296-740-544 26 -Sep -2017 8:33:02 AM WARNING LITES OF MINNESOTA INC 36-4762529 wbengtson Contractor Affidavit 834650112 3086922 CITY OF NEW HOPE CP 962 16 -Sep -2016 15 -Aug -2017 NEW HOPE $34,748.59 Subcontractor Summary Name ID Affidavit Number DECORATIVE PAVEMENT MARKING 7930911 1882300416 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn,us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltpleservicesl /Retrieve/0/c-17Z6eVbDm7xRLPSeLNrScgA_?FILE= Print2 1/1 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 0-863-801-536 22 -Sep -2017 3:16:51 PM DECORATIVE PAVEMENT MARKING LLC 20-1673438 DPM13125 Contractor Affidavit 1882300416 7930911 CITY OF NEW HOPE 962 12 -Aug -2017 12 -Aug -2017 49TH AVE. N., NEW HOPE, MN $16,526.25 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withhold ing.lax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. Request for Action July 25, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution approving lighting proposal from WH Services for $62,350.76 for the 2016 MSA infrastructure project (project no. 962) Requested Action Staff recommends approval of the lighting proposal by WH Services for project 962. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to improve the level of service to the community by using innovative and efficient technology systems. Background It behooves the city to consider long term operational costs when making decisions regarding purchasing public and private lighting systems. Light Emitting Diode (LED) systems have proven to provide an accelerated payback from High Pressure Sodium (HPS) systems. Also HPS systems have an operational cost 40% to 50% more than LED. Staff has obtained quotes from Xcel Energy and WH Services for lighting on 49th Avenue. Street lighting on 49th Avenue originally had Xcel owned High Pressure Sodium (HPS) lighting, with overhead wiring on wooden poles. When project 962 was in development and design stages, Xcel did not yet have LED systems available. According to the Utility Franchise agreement Xcel would have been required to replace the original system at no charge with the identical equipment of wooden poles and overhead wires. City Council authorized project 962 with a modernized street lighting system using a LED system; on aluminum poles with all wires buried including streetlights, cable and phone (which were on the poles with Xcel power). Xcel has recently started an LED streetlight system program, but since it is not the original identical equipment the city would have to pay the cost for all materials and installation with two options of payment available. In all cases when a contract is signed for an Xcel system the entity purchasing actually turns over perpetual ownership of the system to Xcel, with mandatory contracts that include service contract and set Xcel power rates. Contracts are for a non -optional 25 -year term which is renewable only at the end of the term. Attached are quotes for a city purchased, Xcel owned system at $55,051 with a total monthly charge of $6.14; and a city purchased and owned system through WH Services for $62,350 with a monthly power charge of $3.86. There is a $7,299 difference between an Xcel or a city owned system; and the payback is over 25 years. Council should consider the benefits of the city owning and controlling the system. Although the Xcel option has a lower initial cost, there would be a higher operating expense in the long term. I: \ RFA \ pUBWORKS \ 2016 \ 962 2016 MSA project \ 962 Streetllighting proposal \ 962 MSA Street lighting proposalA.docx Request for Action, Page 2 For both the City Center and Park View Home projects, a city owned system with high quality LED fixtures were chosen (style, maintenance and power rates will not be determined or fixed by Xcel). Maintenance agreements are not required for these systems and the power rate is the same as any other metered power. Staff recommends the city owned system installed by WH Services as it is common to the system of fixtures, poles and metering system as used at the Park View development. Funding The funding source is Minnesota State Aid (MSA) and street infrastructure fund. Attachments • Resolution • Xcel proposal • Xcel maintenance and power table • WH Services proposal • Holophane cost of power table City of New Hope Resolution No. 2016 -100 Resolution approving lighting proposal From WH Services for $62,350.76 for the 2016 MSA Infrastructure Project (project no. 962) BE IT RESOLVED that: The city of New Hope received a contract/proposal from WH Services, a wholly owned subsidiary of Wright -Hennepin Cooperative Electric Association, for furnishing and installing LED lighting systems on 491h Avenue. 2. It is determined to be in the best interest of the city to approve the proposal by WH Services for $62,350.76 for the 2016 MSA Infrastructure Project. 3. The project's funding source is Minnesota State Aid (MSA) and street infrastructure funds. BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to enter into a contract with WH Services. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of July, 2016. Mayor Attest: G� City Clerk XcelEnergysm OUTDOOR LIGHTING March 10, 2016 City of New Hope Attn: Bob Paschke 5500 International Parkway New Hope, MN 55428 Dear Mr. Bob Paschke: 825 Rice Street St. Paul, MN 55117 Xcel Energy Outdoor Lighting is pleased to have an opportunity to submit a proposal for the City of New Hope street light project. Our goal is to provide you with the necessary information to assist you in your decision making process. We are confident we can provide you with a comprehensive package that will meet all your needs. 491h Ave Reconstruction Street Light Project. 1. The Standard Service Underground Option upfront installation cost is - $13,082.00. The monthly underground rate (A30) 10OW High Pressure Sodium per luminaire is - $18.16. Install 8-10OW HPS cobra cut off fixtures on 30' base mounted aluminum poles. Install by plow approx.1600' of #6 CU wires in I%" conduit. 2. The Pre -Pay Option upfront installation cost is - $55,051.10. The monthly pre -pay option rate (A30) 10OW High Pressure Sodium per luminaire is - $6.14. Install 8.100W HPS cobra cut off fixtures on 30' base mounted aluminum poles. Install by plow approx. 1600' of #6 CU wires in 11%2" conduit, At this time our cobra cut off fixtures are installed with HPS lamps. Xcel Energy has filed with the MN Public Utilities Commission (MPUC) requesting approval to offer a LED street light rate option. We are hoping for approval from the MPUC in 2016. Once we receive approval LED cobra style fixtures on 30' wood, fiberglass, or aluminum poles will be available to our communities. In addition, any existing Xcel Energy HPS cobra fixture will be changed to a LED cobra fixture over a 5 year schedule at no additional cost to the City, The replacement schedule for our Cities is still being developed and has not been finalized. Included in the monthly street light rate is full maintenance of the street light system. Maintenance of the street light system covers the pole, fixture, conduit and wiring, as well as facilitation of any locating and damage administration. Operations and Maintenance for the proposed street light system will be for 25 years from the date of installation. If you have any questions regarding the proposal, please feel free to contact me at 651.229,2255. Sincerely, Angela Adesoro Project Coordinator, Xcel Energy Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 STREET LIGHTING SYSTEM SERVICE Section No. 5 RATE CODE A30 23rd Revised Sheet No. 74 AVAILABILITY Available for year-round illumination of public streets, parkways, and highways by High Pressure Sodium (HPS), T Metal Halide or Light Emitting Diode (LED) luminaires supported on poles, where the facilities for this service TN are furnished by Company. Underground Service under this schedule is limited to areas having a Company owned underground electric distribution system. Standard Service includes a monthly payment for the lighting system cost. Pre -Pay Option requires customer payment for the lighting system cost before establishing service. DETERMINATION OF CUSTOMER BILLS Customer bills shall reflect energy charges (if applicable) based on customer's kWh usage, plus a customer charge (if applicable), plus demand charges (if applicable) based on customer's kW billing demand as defined below. Bills may be subject to a minimum charge based on the monthly customer charge and / or certain monthly or annual demand charges. Bills also include applicable riders, adjustments, surcharges, voltage discounts, and energy credits. Details regarding the specific charges applicable to this service are listed below. RATE Monthly Rate Per Luminaire Standard Service Pre -Pay Designation of Lama (Lumens) Overhead Underground Decorative Option T 70W High Pressure Sodium $8.95 $17.67 -- $5.50 100W High Pressure Sodium $9.44 $18.16 $28.16 $6.14 150W High Pressure Sodium $10.15 $18.87 $29.25 $6.94 20OW High Pressure Sodium* $11.89 - -- - 250W High Pressure Sodium $12.78 $21.29 $31.11 $8.83 40OW High Pressure Sodium $15.50 $23.72 $33.36 $11.38 175W Metal Halide $13.86 $25.51 $33.36 $12.47 30-40W Light Emitting Diode (4,000) $9.59 $18.31 -- $4.38 N 50-75W Light Emitting Diode (6,000) $10.21 $18,92 -- $4.89 N 110-165W Light Emitting Diode (14,000) $13.36 $21.87 -- $6.27 N 200-25OW Light Emitting Diode (25,000) $16.63 $24.85 -- $7.89 N *Closed to new customers INTERIM RATE ADJUSTMENT A 7.75% Interim Rate Surcharge will be applied to rate components specified in the "Interim Rate Surcharge Rider' to service provided beginning January 1, 2016. (Continued on Sheet No 5-74.1) Date Filed: 09-01-15 By: Christopher B. Clark Effective Date: 05-08-16 President, Northern States Power Company, a Minnesota corporation Docket No. E002/M-15-920 Order Date: 04-08-16 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 STREET LIGHTING SYSTEM SERVICE (Continued) RATE CODE A30 Section No. 5 10th Revised Sheet No. 74.1 PRE -PAY OPTION SURCHARGE A monthly surcharge per luminaire of 0.2% applies to the amount the purchase price exceeds $1,200. In addition, customer bills under this rate are subject to the following adjustments and/or charges. FUEL CLAUSE Bills are subject to the adjustments provided for in the Fuel Clause Rider. RESOURCE ADJUSTMENT Bills are subject to the adjustments provided for in the Conservation Improvement Program Adjustment Rider, the State Energy Policy Rate Rider, the Renewable Development Fund Rider, the Transmission Cost Recovery Rider, the Renewable Energy Standard Rider and the Mercury Cost Recovery Rider. ENVIRONMENTAL IMPROVEMENT RIDER Bills are subject to the adjustments provided for in the Environmental Improvement Rider. SURCHARGE In certain communities, bills are subject to surcharges provided for in a Surcharge Rider. LATE PAYMENT CHARGE Any unpaid balance over $10.00 is subject to a 1.5% late payment charge or $1.00, whichever is greater, after the date due. The charge may be assessed as provided for in the General Rules and Regulations, Section 3.5. OTHER PROVISIONS This schedule is also subject to provisions contained in Rules for Application of Street Lighting Rates. Date Filed: 09-01-15 By: Christopher B. Clark Effective Date: President, Northern States Power Company, a Minnesota corporation Docket No. E002/M-15-920 Order Date: 05-08-16 04-08-16 L L 7/15/2015 -WHSER r�, R:�H i �;1, Fi:� %xl:i•rl 6.t4 �.41!tl; i ti- 6800 Electric Drive Prepared by Phil Glawe Rockford, MN 55373 763-477-3096 800-943-2667 2016 - Holophane/AEL Roadway LED pricing & 49th Street Estimate for City of New Hope City of New Hope Contact 5500 International Parkway Bob Paschke New Hope, MN 55428 Director of Public Works Comments or special instructions: Per your request -Material pricing associated with LED lighting 49th Street Installation pricing is good for 30 days QTY Description Unit Price Amount Material Pricing ATB2 40BLEDEIO Mvolt R2 BZ P5 SH Autobahn LED Roadway- Large (AT132), 40B chips 1050 mA driver, multi volt (120V-277V), Roadway Type II 4000k (standard) , 8 bronze, terminal block (standard), 5 pin photocontrol Receptacle, shorting Cap $ 810.00 $ 6,480.00 RTA 20SOEPLNDAZ-IMA RFD185007 20ft (fixture mounting height) round tapered aluminum poles with 3ft mast arm for AT132 fixture, bronze anodized finish, design 8 for 90mph AASHTO 2009 and per specifications. Note: we will not warrant anodized finishes with regard to consistency and color uniformity of the finish. $ 1,080.00 $ 8,640.00 8 3' upswept arm for use with A ATB2 and RTA Pole $ 270.00 $ 2,160.00 Total materials $ 17,280.00 $ 1,257.12 tax 7.275% Allow 6-8 weeks delivery HOLOPHANE: This quote is valid for 90 calendar days from date of quote. Shipment lead times begin the day after the order is released and are based on working days only. Shipments are FOB Shipping Point on all orders. Holophane shall pay freight on orders of $3,000 or more ($750 for replacement ballast kits) to all points in the continental United States and Canada. Upon release of your order, poles and non - standard material cannot be cancelled or returned. Terms are subject to revision. Items with "Hold" status have not been allocated any labor, material, or scheduled production time. The lead time to shipment will begin when Holophane receives your clarification or approval to release your purchase order item(s) from "Hold" status. Prices in this acknowledgement are firm for release within a period of six months from the date of order. At the end of six months, Holophane, at its option, shall either increase prices by 3% or renegotiate pricing. Thereafter, escalation of 1-1/2% per three month period will be added. In the event of an extraordinary change in raw material costs, Holophane reserves the right to renegotiate pricing. Pricing will be reevaluated and confirmed upon receipt of your clarification or approval to release the purchase order item(s) from "Hold" status. QTY Description Unit Price Amount Installation Pricing 1 Mobilization $ 8,172.00 $ 8,172.00 8 Install poles $ 677.00 $ 5,416.00 8 Install bases $ 838.00 $ 6,704.00 2210 Furnish and install 2" Non metallic conduit $ 4.92 $ 10,873.20 5289 Furnish and install #4 AL wire $ 0.96 $ 5,077.44 1 Service cabinet $ 4,674.00 $ 4,674.00 1 Service equipment $ 2,004.00 $ 2,004.00 1 Equipment pad B $ 893.00 $ 893.00 Total installation cost $ 43,813.64 Total $ 62,350.76 price includes sales tax, inspection fees and subcontractor bond Traffic con'trpl, staking/surveying and utility fees not included. Control cabinet sized for ligh ng ollnly1;prlce-may change if ancillary lights are added to this cabinet Signature of Acceptance: I L E V) C: O V C co ca LO M 0) e -i Ln N N LO LO 0 o y} u m u m .0 3 .o C � M — O cti zv E N n w � O CL r � _ L u oc� y CU O 0 x 3 m z LO M 0) e -i Ln N N LO LO 0 o y} u m u m L Y 3 .o C � M — O cti c E N n O I m _ u m y v O C u � C L J � L A a � 0 o y} N m u L Y 3 C � M — O cti E N n Y V I U10 _ u lag v c o m u 3 Y � — C a _ � O ~ ~ u N .O A a Leone Valerie From: Paschke Bob Sent: Monday, June 13, 2016 2:41 PM To: Leone Valerie Subject: FW: CenturyLink Proposal and Cover Letter for Job N071584 Va I, The LED product is available for 491", Xcel will proceeded with installation if they get the go ahead. I will forward the letter to you from Angela Adesero of Xcel, was a check prepared and sent to Xcel for the 49t" project yeti Bob On Apr 26, 2016, at 9:00 AM, McDonald Kirk <kmcdonald,r&ci.new-hope.mn.us> wrote: Val gave to me last night and I signed and she will process check to mail with agreement From: Paschke Bob Sent: Monday, April 25, 2016 5:57 PM To: McDonald Kirk; Victoria M. Holthaus Cc: Long, Chris; Leone Valerie Subject: FW: CenturyLink Proposal and Cover Letter for Job N071584 Kirk, Attached for your signature is the contract for Century Link work for the 49th ave project # 962 that is outside of the Franchise agreement similar to the situation with Xcel Energy, staff and engineering have reviewed and find the proposed acceptable. Street infrastructure code 0523, not sure if this gets directed at the cable franchise enterprise account. Bob From: Apodaca, Marcella [mailto:Marcella.Apodaca(cICenturyLink.com] Sent: Monday, April 25, 2016 12:07 PM To: Paschke Bob Subject: CenturyLink Proposal and Cover Letter for Job N071584 From: sconstr@CenturyLink.com Sent: Monday, April 25, 2016 6:37 AM To: bpaschke@ci-new-hope.mn.us Cc: Cotton, Sue M Subject: CenturyLink Proposal and Cover Letter for Job N071584 Please find attached the CenturyLink Proposal for work to be performed at service address: 49th Ave NEW HOPE, MN This is an automated email; please do not reply. All future correspondence should be sent to SCONSTR(],centurylink.com or the mailing address below: CenturyLink Asset Accounting - BART 700 W Mineral Ave Room NM P29.34 Littleton, CO 80120 This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Leone Valerie From: Paschke Bob Sent: Monday, June 13, 2016 2:42 PM To: Leone Valerie Subject: FW: City of New Hope, 49th Ave Recon Streetlight Project (Proposal attached) (LED cobra fixtures now available) Attachments: New Hope, 49th Ave Recon Project proposal.doc; MN Rate Book Rate Code A30 effective 05-08-16.pdf FYI From: Adesoro, Angela M [mailto:angela.m.adesoro@xcelenergy.com] Sent: Monday, June 13, 2016 10:40 AM To: Paschke Bob <bpaschke@ci.new-hope.mn.us> Subject: Re: City of New Hope, 49th Ave Recon Streetlight Project (Proposal attached) (LED cobra fixtures now available) Hello Bob — I wanted to let you know Xcel Energy LED cobra fixtures are now available for installation. If the City is going to use Xcel Energy for the attached project; LED cobra fixtures can be ordered and installed. The upfront cost for either option will remain the same. The monthly costs are attached. If the City decides to move forward please let me know and I will prepare a contract for the upfront cost. If you have any questions please let me know. Thank you. Angela Adesoro Xcel Energy I Responsible By Nature Project Coordinator, Outdoor Lighting 825 Rice Street, St Paul, MN 55117 P: 651.229.2255 F: 651.229.2596 L: angela.m.adesoro(c�xcelenergy.com From: Adesoro, Angela M Sent: Thursday, March 10, 2016 11:44 AM To: 'Paschke Bob' Subject: Re: City of New Hope, 49th Ave Recon Streetlight Project (Proposal attached) Hello Bob — I hope you are doing well. Attached is the streetlight proposal for the 49th Ave reconstruction. The upfront and monthly cost are provided for our Standard Service Underground option and Prepay option. If the City decides to move forward please let me know and I will prepare a contract for the upfront cost. Thanks so much. Angela Adesoro Xcel Energy I Responsible By Nature Project Coordinator, Outdoor Lighting 825 Rice Street, St Paul, MN 55117 P: 651.229.2255 F� 651.229.2596 angela.m.adesoro(a?xcelenergy.com jO Xcel EnergysM OUTDOOR LIGHTING March 10, 2016 City of New Hope Attn: Bob Paschke 5500 International Parkway New Hope, MN 55428 Dear Mr. Bob Paschke: 825 Rice Street St. Paul, MN 55117 Xcel Energy Outdoor Lighting is pleased to have an opportunity to submit a proposal for the City of New Hope street light project. Our goal is to provide you with the necessary information to assist you in your decision making process. We are confident we can provide you with a comprehensive package that will meet all your needs. 491h Ave Reconstruction Street Light Proiect: 1. The Standard Service Underground Option upfront installation cost is - $13,082.00. The monthly underground rate (A30)10OW High Pressure Sodium per luminaire is - $18.16. Install 8-1€10W HPS cobra cut off fixtures on 30' base mounted aluminum poles. Install by plow approx.1600' of #6 CU wires in 1'.z" conduit. The Pre -Pay Option upfront installation cost is - $55,051.10. The monthly pre -pay option rate (A30)10OW High Pressure Sodium per luminaire is - $6.14. Install 8-100W HPS cobra cut off fixtures on 30' base mounted aluminum poles. Install by plow approx. 1604' of #6 CU wires in 1'/2" conduit. At this time our cobra cut off fixtures are installed with HPS lamps. Xcel Energy has filed with the MN Public Utilities Commission (MPUC) requesting approvai to offer a LED street light rate option. We are hoping for approval from the MPUC in 2016. Once we receive approval LED cobra style fixtures on 30' wood, fiberglass, or aluminum poles will be available to our communities. In addition, any existing Xcel Energy HPS cobra fixture will be changed to a LED cobra fixture over a 5 year schedule at no additional cost to the City. The replacement schedule for our Cities is still being developed and has not been finalized. Included in the monthly street light rate is full maintenance of the street light system. Maintenance of the street light system covers the pole, fixture, conduit and wiring, as well as facilitation of any locating and damage administration. Operations and Maintenance for the proposed street light system will be for 25 years from the date of installation. If you have any questions regarding the proposal, please feel free to contact me at 651.229.2255. Sincerely, Angela Adesoro Project Coordinator, Xcel Energy 0 N m N 0 0 V 4 O 0 L-1 00 O 0 O x n U N W � z�voo o w�o�� O O v u r o0 F x v m V vQ 0 � v O o � N v v W-4 0 0 V 4 O 0 L-1 00 E'^ Q �V 0 N u v u � V � v O o � N � � o a, � c� N N O Q G� W a 0 W� a O �00 N z � a v� a cz W o Q Q � N z w w z W _U O z E'^ Q �V Xce/ Energyftl January 25th, 2016 City of New Hope Underground 49`h Ave N 4401 Xylon Ave N New Hope, MN, 55482 Re: Relocation of overhead lines along 49th To whom it may concern, Thank you for the opportunity to respond to your request for a cost estimate regarding the 490' Ave Overhead to Underground Reconstruction project - The conversion of Xcel Energy's existing overhead facilities, to underground. The cost to remove overhead distribution facilities and install new underground facilities for this project would be $50847.89. The cost was derived at by calculating the total cost to install the new underground system ($59,543.21) and subtracting the current installed cost of existing facilities to be removed ($8695.33). The following is a breakdown of the estimate: New Underground Installation and removal costs. Labor : $30,503.33 Material: $22,775.99 Transportation: $6,263.89 Total - $59543.22 — 8695.33 = 50847.89 This requires that the City of New Hope approve the permit applications for relocation of facilities. The City of New Hope is required to provide any easements needed in order to replace/relocate existing overhead/underground electrical equipment. lcel Energy will require one-half of the total payment, $25,423.95 prior to the work in 2016. The other half of the total payment, $25,423.95 will be due at the completion of work in 2016. The City of New Hope is responsible for any costs exceeding this estimate after actual costs have been determined and will be reimbursed any costs less than estimated. -2— January 25, 2016 The primary cost elements included in this cost are as follows: A) Directional bore 1600' of #2A1 primary conductor B) The installation of 2 load break centers C) The installation of 4 terminal poles D) The installation of 90' of overhead primary E) Removal of 3 poles and approximately. 800' of overhead conductor Please note that these costs are excluded from this estimate: 1) Removal of cable television, telephone, or telecommunications equipment attached to poles. 2) Removal of poles not belonging to Xcel Energy. 3) Rewiring of customer secondary services to new connection points or to accept underground service. It is the requestor's responsibility to contact customers regarding any needed rewiring of their services. 4) Xcel Energy requires that a licensed, qualified survey group verifies that all chosen locations for the Xcel Energy underground facilities will be within an established easement or road right of way area prior to their installation. 5) Install or removal of any street lighting, charges will be assessed from the Outdoor Lighting Department at Xcel Energy 6) Winter Construction charges 7) Restoration Should the City of New hope choose to proceed with this project, please have the appropriate party sign and date the "Statement of Work Requested" contract. Return all copies to me at 8701 Monticello Lane, Maple Grove, MN, 55369. A signed copy will be returned to you at a later date. This cost is good for 90 days from the date of this letter. Any agreement reached after this date would be subject to a review of the estimate, which could include a change to the above stated cost. If you have any questions, please contact me at (763) 493-1848. Sincerely, Aaron Orenstein Designer Xcel Energy Inc. Xce/Energy& RESPONSIBLE BY NATUREQ STATEMENT OF WORK REQUESTED BY COUNTY, CITY, TOWN OR TOWNSHIP FOR PROJECTS WITH ESTIMATED CONSTRUCTION COSTS OVER $25,000 DATE: January 21, 2016 WORK REQUESTED BY: The City of New Hope WORK LOCATION: Winnetka Ave N to 48th Ave N, East on 48th Ave n ADDRESS: 4401 Xylon Ave N New Hope, MN, 55428 CONSISTING OF: The following shall constitute the "Work" to be performed by Xcel Energy: The City of New Hope has requested that Xcel Energy relocate/replace the existing overhead facilities with a new underground system along 49th Ave N, from Winnetka Ave N to to Virgina Ave n. The cost to remove overhead distribution facilities and install new underground facilities for this project would be $50,847.89. The primary cost elements included in this cost are as follows: A) Directional bore 1600' of #2AI primary conductor. B) The installation of 2 load break centers C) The installation of 4 terminal poles C) The installation of 90' of overhead primary D) Removal of 3 poles and approx 800' of overhead conductor Municipality agrees to pay Xcel Energy for Xcel Energy's actual total cost of the Work, subject to the Municipality's right of cost review in accordance with the terms of this Statement of Work ("Statement"). The current estimate for the Work is $ 50,847.89 ("Estimate"). The estimate is compromised of the following major components: Component Sub -estimate A) Directional bore 1600' of #2AI primary conductor. B) The installation of 2 load break centers Q The installtion of 4 terminal poles D) The installation of 90' of overhead primary E) Removal of 3 poles and approximately 800' of overhead conductor Total: The undersigned herby requests and authorizes Xcel Energy to perform the Work. In consideration thereof and in lieu of a City Requested Facilities Sucharge, the City agrees to pay Xcel Energy on the (" St tement"). The current estimate for the Work is ($ 25,423.95 ) which is fifty (50) percent of the Estimate ("Down Payment"). All Work shall be performed pursuant to good utility practice (as that term is generally understood in the utility industry) utilizing Xcel Energy's commercially reasonable efforts to complete the Work within the Estimate under Xcel Energy's then current design standards, operating procedures, and safety procedures. The facillities installed or removed by Xcel Energy shall be the property of Xcel Energy and any payment by Municipality shall not entitle Municipality to any ownership interest or right therin. Municipality's and Xcel Energy's rights and obligations with respect to the facillities and services provided through the facilities are subject to the terms of this Statement, as well as the additional terms and conditions provided in the Xcel Energy Electric Rate Book, as now exists or may hereafter be changed, on file with the Minnesota Public Utilities Commision. In advance of the Work, Muncipality agrees to inform Xcel Energy of any Municipality -related or other projects that may affect the Work. During the Work, Xcel Energy agrees to provide the Muncipality notice of any proposed change orders increasing the cost of the Work. Municipality acknowledges that change orders that result from request of Municipality with respect to the performance of the Work or the scope of the Work may increase Xcel Energy's acutal cost of the Work. Upon Completion of the Work, Xcel Energy agrees to provide Municipality with final detal of the actual work performed and the actual costs of such work performed. Xcel Energy will identify any information included in such information that is non-public pursuant to Minn. Stat. Ch. 13. Upon request by Muncipality, Xcel Energy shall provide Muncipality the opportunity to review more detailed documentation of the Work performed and related costs. Xcel Energy agrees to keep Municipality reasonably informed with respect to Xcel Energy's performance of the Work, consistent with good utility practice and will, at minimum, apprise Municipality when half of the Estimate has been spent and when ninety percent of the Estimate has been spent. Xcel Energy also agrees to timely nortify the Municipality when the Work is substantially complete. Upon receipt of the invoice for the cost balance, the City shall have the right to require that Xcel Energy provide reasonable cost support documentation, including change orders, for its actual total cost of the Work. The Municipality shall pay the balance of cost not subject to reasonable dispute within the timeframe set forth in the Minnesota Municipal Prompt Payment Act, Minn. Stat. 471-425. Xcel Energy and Municipality shall reasonably try to resolve any disputes with respect to costs incurred in performance of the Work in good faith. In the event Xcel Energy and Municipality are unable to resolve any such disputes, the parties may seek redress in a forum with jurisdiction over the dispute. This Statement of Work is agreed to by Xcel Energy and Muncipality and receipt of the above Down Payment of $ 25,423.95 is herby acknowledged on behalf of Xcel Energy. Northern States Power Company a Minnesota corporation ("Xcel Energy") Greg Plumedahl - Design Manager Print Full Name and Title Signature Address: 8701 Monticello Ln N Maple Grove, MN, 55369 Phone: 763-493-1848 E-mail: aaron.e.orenstein@xcelenerev.com Xcel Energy Work Order # 12328330 Estimated Construction $ 50,847.89 Estimated Total $ 50,847.89 Form 17-7012 City Of New Hope N\ -� �. Print Full Name and Title (if applicable) Signature of Authorized Representative Address: Phone: E-mail: Estimated Removal $ C6, Leone Valerie From: Albert Megan Sent: Thursday, October 13, 2016 8:21 AM To: Leone Valerie Subject: Wright Hennepin Services Valerie, We are having trouble getting our streetlights from Wright Hennepin for the 49th Avenue job. Do we have a contract on file with Wright Hennepin for this job? Apparently their street light division is dissolving, but they have said they will complete our job. I am just currently unable to locate an actual formal contract with WH Services. I tracked down the approval of the proposal from the July 25`h Council meeting, but after that I couldn't locate a signed contract. .57 C PrDP0SA-L Ty�-a -3 [(Mli - V�N I April 28, 2016 CenturyLink Asset Accounting — BART 700 W. Mineral Ave. Room NM P29.34 Littleton, CO 80120 Subject: BAN Number N071584 (city project 962) Enclosed is a "Special Construction Proposal" signed by the New Hope City Manager for work on 49th Avenue in New Hope, Minnesota. Also enclosed is a check for $25,692.39. We understand the work will be scheduled upon receipt of this payment. Please direct any questions to Bob Paschke, director of public works, at 763-592-6766. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Bob Paschke, director of public works Chris Long, city engineer Kirk McDonald, city manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 'I f, =., Contract No No CenturLin k- � Job Authorization No N071584 CTL Affiliate: Qwest Corporation Special Construction Proposal Date: 4/25/2016 Billing Address: Work Location: Customer: C_of_New Hope Public Works49th Ave Attention: Kirk McDonald County HENNEPIN 5500 International Pkwy NEW HOPE, MN New Hope, MN 55428 This Special Construction Proposal ("Proposal") is governed by the terms and conditions set forth herein as well as any applicable state or federal tariffs and/or rates and services schedules on file with the applicable regulatory authorities. Description and/or specifications of work, along with the bill amount, of work to be performed by an operating affiliate of CenturyLink, Inc. ("CenturyLink") under this Proposal ("Work") is as follows: Relocate aerial cable facilities at 49th Ave between Virginia Ave N and Winnetka Ave N in New Hope, MN. Work will consist of boring in 330 feet of 4" conduit and 270 feet of 2" conduit. The existing aerial fibers will be removed from 3 poles and jetted through the new conduit. We will also place 3 u -guards, 3 down -guys and 3 anchors. The existing cabinet will be relocated to the new location and existing services will be cut to the new facilities. All splicing and testing activities will be completed. Advance Payment (required before work begins): $25,692.39 Total Charges: Twenty -Five Thousand Six Hundred Ninety -Two Dollars and 39/100 This Proposal may be withdrawn by CenturyLink if not accepted by the Customer within 30 days. Upon execution by both parties, this Proposal and the berms and conditions of any applicable tariffs and/or rates and services schedules on file with the applicable regulatory authorities shall constitute a binding agreement upon the parties. In no event will the terms and conditions of another document, including but not limited to a purchase order, be construed to in any way govern the Work or otherwise bind the parties to this Proposal. The parties acknowledge and agree that the terms and conditions set forth in this Proposal and the applicable tariffs and/or applicable rates and services schedules shall be the only controlling terms and conditions binding the parties forthe Work and that commencement of Work by CenturyLink is conditioned upon agreement in writing to these terms. For the Work performed hereunder, Customer will be responsible for the above charges only, unless (i) the above -stated amount is expressed as an estimate; (ii) otherwise stated above; or (iii) a change order is signed by both parties. All charges shall be paid prior to commencement of the Work ('Advance Payment") unless an alternative payment method is set forth above. All past due undisputed accounts will be assessed a late fee at 14% APR. Where applicable, and notwithstanding the foregoing, Customer shall also be responsible for foreign, federal, state and local taxes assessed in connection with the Work, including, without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross receipts, license, privilege or other similar charges, whether charged to or against CenturyLink or Customer, but excluding any taxes based on Centuryl-ink's net income. 'Note If applicable, the Work proposed here is separate from any work that may be performed pursuantto any other order or agreement, including but not limited to a Pre -Service Request for cell site provisioning. For Governmental Customers only, CenturyLink will submitan invoice of charges upon completion of the Work, payable within forty five (45) days of receipt. Past due undisputed amounts will be assessed a late fee of 14% APR or such lesser amount if required under applicable stat e a nd/or fede ra I I aw. CenturyLink Authorized Signature: Name Printed/Typed: Title: Date: Customer Authorized Signature: Name Printed/Tvpeb:, Title: Date: 'X N1� Proposal CenturyLink Confidential and Proprietary Page 1 of 1 version: 11-16-2015 Payee: 115833 CENTURYLINK Supplier Invoice No Date Remark BAN#NO71584 4/25/2016 Check No. - 164106 Check Date - 4/27/2016 PO PLEASE DETACH BEFORE DEPOSITING 164106 Stub 1 of 1 Amount 25,692.39 25,692.39 WELLS FARGO BANK 164106 17-1 CITY OF NEW OPE NEW HOPE, MINN. 55428 910 4401 Xylon Avenue No. New Hope, Minnesota 55428 VOID AFTER 90 DAYS NUMBER 00164106 DATE 4/27/2016 AMOUNT $****25, 692.39 PAY TWENTY FIVE THOUSAND SIX HUNDRED NINETY TWO AND TOTHE CENTURYLINK ORDER OF 1rL64L06112 1:09LOOOOL911:802LL34LL211' "' CenturyL nk- 4/25/2016 City of New Hope Public Works Attn: Kirk McDonald 5500 International Pkwy New Hope, MN 55428 Re: NEW HOPE, MN BAN Number N071584 Kirk McDonald, Please review the attached Special Construction Proposal. If acceptable, return a signed copy and a form of payment for the total charges in the amount of $25,692.39. Please note, your job will not be scheduled until we are in receipt of the above. Send all documents and payments to: CenturyLink Asset Accounting - BART 700 W Mineral Ave Room NM P29.34 Littleton, CO 80120 Documents to include: • Signed Proposal • Payment After we have received the above from you, we will return one fully executed copy for your records. The fully executed Special Construction Proposal will constitute the agreement between you and Centurylink for the Work. NO ADDITIONAL TERMS AND CONDITIONS WILL BE ACCEPTED. Checks should be made payable to CenturyLink. If you are providing a Purchase Order as a form of payment, please sign, date and return the Purchase Order for the amount of $25,692.39. Please note that any terms and conditions set forth on a Purchase Order will not become part of the agreement for the Work, which is governed solely by the Special Construction Proposal. If you are interested in an electronic payment option, Electronic Funds Transfer (EFT) is available and instructions will be provided to you upon request. CenturyLink is unable to accept credit card payments for Special Construction projects. Any questions regarding the scheduling of the work to be performed or decisions to cancel the work, please contact CenturyLink representative, Sue Cotton at +12187594409. Asset Accounting Operations Email: sconstr@CenturyLink.com 720-578-8671 303-707-9971 fax enclosures Leone Valerie From: Paschke Bob Sent: Monday, April 25, 2016 5:57 PM To: McDonald Kirk; Victoria M. Holthaus Cc: Long, Chris; Leone Valerie Subject: FW: CenturyLink Proposal and Cover Letter for Job N071584 Attachments: PROPOSAL.pdf, COVER_LETTER.pdf Kirk, Attached for your signature is the contract for Century Link work for the 49`" ave project # 962 that is outside of the Franchise agreement similar to the situation with Xcel Energy, staff and engineering have reviewed and find the proposed acceptable. Street infrastructure code 0523, not sure if this gets directed at the cable franchise enterprise account. Bob 0514 From: Apodaca, Marcella [mailto:Marcella.Apodaca@CenturyLink.com] Sent: Monday, April 25, 2016 12:07 PM To: Paschke Bob Subject: CenturyLink Proposal and Cover Letter for Job N071584 From: sconstr(KenturyLink.com Sent: Monday, April 25, 2016 6:37 AM To: bpaschke@ci-new-hope.mn.us Cc: Cotton, Sue M Subject: CenturyLink Proposal and Cover Letter for Job N071584 Please find attached the CenturyLink Proposal for work to be performed at service address: 49th Ave NEW HOPE, MN This is an automated email; please do not reply. All future correspondence should be sent to SCONSTR a,centurylink.com or the mailing address below: CenturyLink Asset Accounting - BART 700 W Mineral Ave Room NM P29.34 Littleton, CO 80120 This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Leone Valerie From: Leone Valerie Sent: Monday, May 09, 2016 10:02 AM To: Rains Shari Cc: Long, Chris; Paschke Bob; 'Victoria M. Holthaus'; McDonald Kirk u Subject: retainage agreement (project 962)rtc, Q. 1 Shari, I spoke with Brent from Weidema about processing payments for proje 4962.! \^% � 1' l When Weidema makes future payment requests, they will also submit evidence of transfer (documentation showing the 5% was deposited to Assoc Bank) (they are actually making the deposit in advance of receiving the funds from the city). The city's payment to Weidema should be the full amount (the work -to -date pay request and the 5% retainage). We need to inform Chris and Bob of this. This is what Sondrall recommended to me back in April when we originally signed the retainage agreement. Weidema has agreed to this — and mentioned they hope their monthly pay requests are processed promptly due to the large contract amount. Brent will make a transfer today (5/9) for $5,257.35 (for the first pay request); Shari, please process payment of $5,257.35 to Weidema now so that you can mail the check as soon as you receive Brent's email with the "evidence of transfer" to Assoc Bank. I noticed MS 15.73 subd 4 says we can charge for any extra costs for this type of retainage arrangement. I know we had some legal expenses (consulting the city attorney's office) so maybe we should try to recoup those costs. I'll discuss with Kirk. 1 MENNESOTA STATUTES 2015 15. 15.73 ALTERNATIVE FORM OF RJETAINAGE. Subdivision 1. Conti -actor's option. At the option of the contractor, retamage sliall be paid to t contractor inaccorcLaice with this section. Subd. 2. Security. The contractor may deposit tvrids or securities with the public Contractinq a2en or in anv bink- or trust comp:qv to be held ui lieu of cash retainage f( --)r the benefit of the public contracti aueric-v% Iii that event the public agenev iAiall reduce the retain ape in an ainoluit,-qw-d to the value of t bonds 'acrd smirities and pav the amotint of the reduction to the contiactor. 11itere5,t oil the bonds or sectu it. shall be payable to the contractor as itaccmes- Sub& 3. Approval requii-ed. Bonds ,m.d securities deposited or acquired in lieu of retainage, perinittedby subdivision 2, shall lie of a character approved by the commissioner of immigenient,'Wdbride nicludmo but not Imuted to: ( 1) bills. certificates, notes or bonds of the United States. (_') states. - (2) other obligations of the United Stales or its a prencies I (20 oblteatiousof any corporation wholly owned by the federal.g.overninent, or (4) indebtedness of the Fedm-al'-\*atvLmm1 Mortgacre Association - C - Subd. 4. Recovem of additional costs. If the public agenov inems addition -al costs is a result of t exercise of the option described in this section.. the agency may recover the costs from the conti-actor reducing the faial pa�inent due under the contract..7s Woric on the contract progresses, the agency slu upon demand, inforin the conn -actor: of all accrued costs. Histot-v: 19SO c J64 s 3.1 200.3 c.112 art 2 s 50: 200P c 101 art 2 s 109 Valerie Leone City of New Hope I City Clerk 4401 Xylon Ave N 1 New Hope, MN 55428 Office: 763-531-5117 1 Fax: 763-1.331-5136 vJeone@ci.new-hooe.mn.us 2 RETAINAGE AGREEMENT THIS RETAINAGE AGREEMENT ("Agreement') is made and entered into by and between: the CITY OF NEW HOPE, MINNESOTA (the "Owner"), S.R. WEIDEMA, INC. (the "Contractor"), and ASSOCIATED BANK, NATIONAL ASSOCIATION (the "Securities Intermediary"). RECITALS: WHEREAS, the Owner and the Contractor entered into a construction contract on or about February 11, 2016, regarding the 2016 MSA Infrastructure Improvements, City Proiect number 962 (the "Contract'); and WHEREAS, the Contract provides that the Owner shall reserve as retainage an amount equal to five percent (5%) of progress payments due on the Contract pursuant to the provisions of Minnesota Statutes, §§ 15.71 — 15.74; and WHEREAS, the Contractor desires to avail itself of the securities deposit in lieu of retainage provisions of Minnesota Statutes, § 15.73; and WHEREAS, the Contractor has proposed the use of the Securities Intermediary as safekeeping agent and custodian for such securities and the Owner has agreed to the use of the Securities Intermediary for that purpose; and WHEREAS, the Owner, the Contractor and the Securities Intermediary mutually desire to enter into this Agreement in order to implement the statutory provisions. AGREEMENTS: Now, therefore, in consideration of the foregoing and the mutual, covenants and promises contained in this Agreement, the parties agree as follows: I . The Owner designates the Securities Intermediary as its safekeeping agent to care for and service the securities held by the Securities Intermediary for the benefit of the Owner pursuant to this Agreement and Minnesota Statutes, § 15.73. The Contractor may open a deposit account with a related sweep feature (together, the "Account") with the Securities Intermediary for the purpose of depositing or acquiring securities pursuant to this Agreement and Minnesota Statutes. Section 15.73. The Account shall be designated as follows: "S.R. Weiderna, Iuc. in Retainage for The City of New Hope", The Securities Intermediary will hold and maintain the securities in the Account as escrow agent in accordance with the terms of this Agreement. 2. Whenever the Contractor elects to substitute securities (it) compliance with Paragraph 9) for all or any part of the amount which has been, or is to be, retained by the Owner from partial payments made, or to be made, to the Contractor pursuant to the Contract, the Contractor shall notify the Owner of the election. Upon such notification, the Contractor will deposit funds in the applicable amount into the Account and such funds slial[ be used to purchase "securities" as defined in Paragraph 9 below in retainage pledged to the Owner according to the terms of this Agreement, and for the benefit of the Owner, in lieu of retainage pursuant to Minnesota Statutes, § 15.73, subdivision 2. 'rile Securities Intermediary shall notify the Owner and the Contractor of all security transactions made in the account. Such transactions to include all purchases, sales, calls or maturities of securities, but does not need to include interest payments received or administrative charges. Upon receipt of notification from the Securities Intermediary under Paragraph 2 that the account has been funded and upon receipt of the Assignment defined in paragraph G, by the Contractor, the Owner shall release to the Contractor cash retainage held under the Contract up to an amount equal to the market value of qualified securities (as described in Paragraph 9) held in the Account. 4. Upon the maturity, redemption or repurchase of any securities in the Account, the Contractor or the Securities Intermediary shall reinvest the proceeds in other securities meeting the requirements of Paragraph 9. All such securities shall be purchased in the name of the Contractor, shall be held by the Securities Intermediary in accordance with this Agreement and shall be held for the benefit of the Owner in lieu of retainage held by the Owner under the Contract. The Contractor shall monitor the market value of the securities held in the Account, and in the event of any material loss in value of the securities (the lesser of $25,000 or I%) shall notify the other parties and the Contractor shall immediately deposit with the Securities Intermediary in accordance with Paragraph 2, the amount necessary to purchase securities with a market value at least equal to the amount necessary to return the account to the full amount of retainage for which the securities have been substituted. The Contractor shall make best efforts to maintain on deposit in the Account securities with a present market value equal to, or greater in value than, the full amount of retainage for which the securities have been substituted. All handling and/or transfer fees related to investment changes and all other fees incurred on the Account shall be the Financial responsibility of the Contractor. The Securities Intermediary shall report at least monthly to the Contractor and the Owner on the last business day of the month the market value of all securities deposited with the Securities Intermediary pursuant to this Agreement. Written daily confirmations of transactions sent to the Owner that contain the market value of the purchased securities will satisfy this reporting requirement. The Securities Intermediary shall deliver the written daily confirmations by email to the Contractor and the Owner. In addition, the Contractor shall provide to the Owner a summary of retainage status and retainage account, in a form prescribed by the Owner, along with each pay claim form submitted under the Contract. All such reports may be electronic and/or delivered electronically, including by email. Reports to the Owner (including transaction confirmations) may be sent to the email address for the Owner set forth in Section 13. Providing access to on-line monthly reports must be available within one week of the month end. Alternatively, mailed physical reports must be mailed within one week of the month end. 6. The Contractor has assigned to the Owner the securities and the Account pursuant to that certain irrevocable Assignment and Power of Attorney (the "Assignment") in the form of Exhibit A attached to this Agreement, and the Contractor has delivered the Assignment to the Owner. Notwithstanding any other provision, this Agreement is not effective until the Contractor delivers the Assignment to the Owner. The Securities Intermediary agrees to hold all deposited securities in the Account pursuant to this Agreement until they are all or a portion of such securities are released as follows: a. if the authorized representative of the Owner gives the Securities Intermediary written authorization, in the form of Exhibit i3 attached to this Agreement, to deliver al l or a portion of the securities or the proceeds thereof to the Contractor; b. if the authorized representative of the Owner gives the Securities Intermediary written authorization, in the form of Exhibit C attached to this Agreement, to deliver all or a portion of the securities or the proceeds thereof to the Owner. The Owner's authorized representative is the owner representative identified in paragraph 13. 'rhe Owner may modify its authorized representative by providing Securities Intermediary with a written notice from Counsel for the city of New Hope. With regard to clauses (a) and (b) above, the Securities Intermediary shall have no duty to inquire into: a. the authenticity of such instructions; b. the authority of any person signing the instructions as long as that person is the current authorised representative; or C. default or any other matter under the Contract; but shall only have the duty to immediately deliver the securities (or the proceeds thereof) to either the Contractor or the Owner, as specified in the Owner's written authorization. The Contractor shall indemnify and hold the Securities Intermediary harmless from any claim, loss or damage arising out of this Agreement. This liability and indemnity provision shall survive termination of this Agreement. Securities Intermediary shalt not be liable to Contractor for any loss or damage suffered by Contractor, except to the extent caused directly by Securities Intermediary's gross negligence or willful misconduct, In no event shall Securities Intermediary be liable to Contractor for any indirect or consequential damages or loss of profit, even if Securities Intermediary had notice of (lie possibility of such damage or loss. 9. For the purposes of this Agreement the term "securities" shall mean only securities explicitly described in Minnesota Statutes, § 15.73, subdivision 3, including: bills, certificates, notes or bonds of the United States; b. other obligations of the United States or its agencies; C. obligations of any corporation wholly owned by the federal government; or indebtedness of the Federal National Mortgage Association. A fund containing the described securities does not qualify as a security under this paragraph. If, for the purposes of' this Agreement, the Contractor desires to use a security plot described above, the Contractor must obtain the approval of Counsel for the city of New Rope for the use of such security, notify the Owner in writing of such approval, and provide the Owner with written evidence of such approval. The Contractor shall not use such a security for the purposes of this Agreement until it has received approval for such use from Counsel For the city of New Hope and provided written evidence of such approval, to the Owner. 10. The Securities Intermediary shall immediately notify in writing the Contractor and the Owner of any lien, levy or claim made on the Account by third parties. 11, All income paid on any securities deposited with or held by the Securities Intermediary pursuant to this Agreement shall be the property of and be paid to the Contractor less reasonable custodial care or service costs charged for such service. These costs shall be the responsibility of (lie Contractor. 12. The Owner and the Contractor agree that this Agreement shall in no way infringe on or restrict the rights of the Owner or the Contractor folder the Contract. 13. Any notice given by any of the parties hereto shall be sufficient when made in writing and delivered in person or sent by registered mail or certified mail, return receipt requested, to the following persons at the addresses indicated: For the Owner: City of New Hope, Minnesota 4401 Xylon Avenue North New Hope, MN 55428 Attn: Valerie Leone, City Clerk E-mail: vleonc(@,ci,new-hoDe.inn.us CC: Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443-1968 Attn: Steve Sondrall or Stacy Woods, Counsel Email:sas@ispwlaw.com or sawa,jspwlaw.com For the Contractor: S.R. Weidema, Inc. 17600 113th Avenue N Maple Grove, MN 55369 Attn: Brent Lau Email: blau@s►•weidema.com For the Securities: Associated Bank, National Association Intermediary 5353 Wayzata Boulevard St. Louis Park, MN 55416 Attn: Leif Johnson Email: leifiolinson@associatedbank.corn or to such other person and address as a party may hereafter designate for itself in writing to the other parties. 14. The Securities Intermediary is not a party to nor bound by an instrument other than this Agreement and any account related agreements with the Contractor. The Securities Intermediary is not required to take notice of default or any other matter under the Contract, is not required to give any notice or demand, and is not required to take any action whatsoever, except as expressly provided in this Agreement. Any agreements between Securities Intermediary and the Contractor do not modify in any way the provisions of this Agreement; the Owner is not a party to any such bilateral agreements and is not bound by them. If there are any conflicts, between this Agreement and any agreements between Securities Intermediary and Contractor, this Agreement prevails. 15. This Agreement shall be governed by, and construed according to, the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Hennepin County, Minnesota. 16. This Agreement shall be effective on the date it is executed by the parties hereto and shall remain in fill] force and effect until a] I of the securities deposited pursuant to this Agreement have been released or delivered to the Owner or the Contractor in accordance with the provisions of this Agreement. 17. Upon release by the Owner to the Contractor of all securities (or the proceeds thereof} meld in the Account pursuant to this Agreement, the Owner agrees that the Assignment executed by the Contractor in connection with this Agreement is thereafter null and void and of no further effect. 1$. The Securities Intermediary may resign upon thirty (30) days advance written notice to the other parties to this Agreement. If a successor agent is not appointed by the Owner within the thirty (30) day period, the Securities Intermediary may petition any court of competent jurisdiction to name a successor. Notwithstanding its resignation, the Securities Intermediary shall continue to serve as safekeeping agent, and to carry out its obligations under this Agreement. until a successor agent is appointed or pained. 19. In accordance with Minnesota Statutes, § 15.73, subdivision 4, if the Owner incurs additional costs as a result of the Contractor's exercise of its option to deposit securities in lieu of retainage, the Owner may recover such costs from Contractor by reducing the final payment due under the Contract. As work on the Contract progresses, the Owner shall, upon demand, inform the Contractor of all such accrued costs, 20. Neither the Contractor nor tate Securities Intermediary shall assign, subcontract, or transfer any of its obligations under this Agreement without receiving the express written consent of the Owner except that Securities Intermediary may assign this Agreement in its entirety, without consent, in connection with a merger or acquisition or sale of all or substantially all of its assets to a bank or trust company that is eligible to perform the obligations of this Agreement under Minnesota Statutes § 15.73, subdivision 2. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the dates set forth below. S.R. WEIDE NC. By: Its: Date: W � 6 CITY OFO PE, MINNE OTA By: Its- City Manager Date: March 29, 2016 ASSOCIATED BANK, NATIONAL ASSOCIATION By: -- 1 1/i c e- P e, S�- Date: y/z 0 EXHIBIT A IRREVOCABLE ASSIGNMENT AND POWER OF ATTORNEY To WHOM IT MAY CONCERN: For value received, the undersigned, having the ful l authority of its Board of Directors to execute this instrument and thereby bind S.R. Weiderna, Inc. ("Contractor"), does hereby irrevocably sell, assign and transfer to the City of New Hope, Minnesota, the following: Account Number 2283360358, owned by S.R. Weiderna, Inc., and all those securities held by S.R. Weidema, Inc. in such account and held for the benefit of the City of New Hope, Minnesota pursuant to a Retainage Agreement entered into on or about , 2016, together with all additions and substitutions thereto. The undersigned on behalf of the Contractor does hereby irrevocably constitute and appoint the City of New Flope, Minnesota as attorney-in-fact to endorse, negotiate, sell or transfer the above- described Account and securities. Dated: By: 'ritte: 7 EXHIBIT B Letter Authorizing Release of Securities to Contractor Date Re: Retainage Agreement Between: City of New Hope, Minnesota (Owner), S.R. Weidema, Inc. (Contractor), and Associated Bank, National Association (Securities Intermediary). Dated: Dear Sir or Madam: You are hereby authorized and directed to immediately release to S.R. Weidema, Inc. securities (or the proceeds thereof) in the amount of $ being held by you for the benefit of the City of New Hope, Minnesota (Owner) pursuant to the referenced Retainage Agreement. Sincerely, CITY OF NEW HOPE, MINNESOTA By: Print Name: Its: cc: EXHIBIT C Letter Demanding Release of Securities to Owner Date Re: Retainage Agreement Between: City of New Hope, Minnesota (Owner), S.R. Weidema, Inc. (Contractor), and Associated Bank, National Association (Securities Intermediary). Dated: Dear Sir or Madam: You are hereby authorized and directed to immediately deliver to the City of New )-lope, Minnesotu (Owner) all securities (or the proceeds thereon Held by you pfusuant to the referenced Retainage Agreement. Sincerely, Sincerely, CITY OF NEW HOPE, MINNESOTA By: Print Name: Its. cc: 115686180 9 Request for Action Agenda Section Ordinances & March 14, 2016 Resolutions Approved by: Kirk McDonald, City Manager Item Number Originating Department: Public Works 10.1 By: Bob Paschke, Director Agenda Title Resolution to prohibit and,restrict parking on 49th Avenue, from Boone to Winnetka Avenue North (improvement project N962). �J Requested Action Staff recommends the council approve a resolution to prohibit parking on 49th Avenue, from Boone Avenue N, to Zealand Avenue N; and from Virginia Avenue N to Winnetka Avenue N and to restrict parking on 49th between Zealand Avenue N and Virginia Avenue N, only allowing parking in the frontage of property to those residents whom reside on the north side of 49th Avenue, in this area. Policy/Past Practice In order to restrict parking, a no parking resolution is required to be submitted to Municipal State Aid in addition to the project plans. Background The street improvements of 49th Avenue is currently being designed to State Aid standards in order for the City to be eligible to receive State Aid funding for the construction of the project. The roadway will be reconstructed to its existing width of 30', which is also the City standard for residential streets. The roadway will be widened in the middle section, between Zealand and Virginia, to continue to accommodate one parking lane, which will be restricted to Residents Only. Staff recommends that parking should be prohibited along 49th Avenue N from Boone Avenue N and Zealand Avenue N, and also from Virginia Avenue N to Winnetka Avenue N. The roadway in these locations is being designed to a 30 -foot width, face of curb to face of curb, which is not adequate for parallel parking on both sides of the street. Staff also recommends that parking should be restricted to the north side of the street only between Zealand Avenue N and Virginia Avenue N, and that it be restricted to Residents Only. The street in this location is being designed to a 35 -foot width, face of curb to face of curb, which is only adequate for parking on one side of the street. Funding This is part of the plan preparation and submittal to State Aid for the project and has no additional funding or workload impact. Attachments • Resolution • Map I:\RFA\PUBW0RKS\2016\962 2016 MSA project\962 2016 MSA No Parking resolution\final-962 No Parking Resolution - 49th Ave.docx City of New Hope Resolution No. 16- 50 Resolution to prohibit and restrict parking on 49th Avenue, from Boone to Winnetka Avenue North (improvement project no. 962) WHEREAS, the City wishes to prohibit parking on both sides of 49th Avenue North, from Boone Avenue North to Zealand Avenue North, and from Virginia Avenue North to Winnetka Avenue; and, WHEREAS, the City wishes to prohibit parking on the south side of 49th Avenue North from Zealand Avenue North to Virginia Avenue North; and, WHEREAS, the City wishes to restrict parking on the north side of 49th Avenue North from Zealand Avenue North to Virginia Avenue North, only allowing parking in the frontage of property to those residents whom reside on the north side of 49th Avenue in this area; and WHEREAS, the City has submitted to the Commissioner of Transportation the plans and specifications for the improvement of 49th Avenue North from Boone Avenue North to Winnetka Avenue North; and, WHEREAS, the City of New Hope will be expending Municipal Street Aid Funds on the improvements of these streets; and, WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED that the City of New Hope, Hennepin County, Minnesota shall ban at all times the parking of motor vehicles on both sides of 49th Avenue North, from Boone Avenue North to Zealand Avenue North, and from Virginia Avenue North to Winnetka Avenue; and shall ban at all times the parking of motor vehicles on the south side of 49th Avenue North, from Zealand Avenue North to Virginia Avenue North, and shall restrict at all the times the parking of motor vehicles on the north side of 49th Avenue North from Zealand Avenue North to Virginia Avenue North, only allowing parking in the frontage of property respective to those residents whom reside on the north side of 49th Avenue in this area. Adopted by the City Council of the City of New Hope, Hennep' County, Minnesota, this 14th day of March, 2016. �n Y Mayor Attest: City Clerk I: \ RFA \ PUB WORKS \ 2016 \ 962 2016 MSA project \ 962 2016 MSA No Parking resolution \ final -962 No Parking Resolution - 49th Ave.docx ,N 3AV 3NO09 xx a Gwv3Z r � i viinav � I P1.1 Date: 03/04/2016- 1:44p Drawing name: V:\1938\octiv \193803159\CAD\Dw9\%UR�-l-NO PA NG.dvg Xnefs:,193803259-XSNO.193803259-XIPL. 193003?5-XVT i� r N 3AV V)LJ3NNIM �� t/INIObIA NISNOOSIM � I AVAA IDnV 1 Hvin 1 I VINE)a J x w O u W V) Z O U w ry 0 Z Q CL I O W Z W Q 2 CK V 4J C L n E u t8 L5 z w LL LO N (h W (M C, O Z O w CL �o 0 •) w Z LU o w O cy- CL W Q � I— I— O 5' NI.^.L.. LU 7- C LL LL Z LU— C. a N 2 LU N Z N _"N Request for Action September 25, 2017 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Section Consent Item Number 6.10 Agenda Title Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with infrastructure improvement no. 962; and Resolution calling for a public hearing on assessments for infrastructure improvement no. 962 (2016 infrastructure improvement project) Requested Action Staff is requesting Council adopt two resolutions related to the 2016 infrastructure project. The first is to declare the total cost to be assessed and the second is to establish a public hearing on October 23, 2017. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On February 8, 2016, Council authorized a contract with S.R. Weidema, Inc. for $2,860,481.15 for construction of the 2016 infrastructure project. The project included a full reconstruct of 49th Avenue North from Boone Avenue to Winnetka Avenue, including pedestrian and bikeway improvements. The utility infrastructure improvements consisted of water and storm sewer replacement, with minimal sanitary sewer improvements. Mill and overlay street improvements were completed on 49th Avenue North, to the east of Winnetka Avenue and Quebec Avenue North, between 49th Avenue North and Winnetka Avenue, as well as 54th Avenue east of Winnetka Avenue to Boone Avenue. Spot curb replacements were made. There were no major utility improvements needed in this area. A public hearing on the proposed assessment was held November 23, 2015, and tax exempt properties were notified/encouraged to attend the hearing. The project is now complete and it is appropriate to schedule a public hearing for assessments. Staff recommends the public hearing to be held on October 23, 2017. The city engineer has determined the total cost for the street portion of the 2016 infrastructure project is $2,455,749.10. Using New Hope's assessment policy, the assessment rate is $329.56 per foot for reconstruction, and $33.80 per foot for mill and overlay. The 2016 infrastructure improvement project includes 10 tax exempt properties for assessments (five of the 10 parcels are city -owned). The total proposed assessment roll is $579,911.22 which is slightly less than the estimated assessment roll of $585,688. The properties proposed to be assessed are identified on Appendix B-2. The city attorney has prepared the resolutions. The city clerk will notify the property owners of the public hearing. I:\RFA\City Manager\2017\q-prof 962 declare costA.docx Request for Action, Page 2 Funding The project funding source includes assessments, state aid, street infrastructure fund, and water and storm water, and sanitary sewer funds. Attachments • Resolution Declaring Cost • Resolution Calling for Public Hearing with Exhibits A and B • Map • Appendices B-1 and B-2 Appendix B-1 Final Project Assessments 2016 MSA Infrastructure Improvements Sep -17 Improvement Type Final Project Cost FF Non -Residential Rate Reconstruction Subtotal $1,740,102.38 5,280 $329.56 Mill & Overlay Subtotal $715,646.72 21,172 $33.80 Totals $2,455,749.10 26,452 Total Assessment $414,158.05 2. Community Involvement Program Non- Reconstruction 0 $329.56 $0.00 7600 48th Circle N Residential Mill & Overlay 135 $33.80 $4,563.00 PID 08-118-21-32-0069 Total Assessment $4,563.00 3. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 848 $33.80 $28,662.40 PID 08-118-21-32-0043 Total Assessment $28,662.40 4. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 638 $33.80 $21,549.87 PID 08-118-21-33-0073 Total Assessment $21,549.87 5. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 684 $33.80 $23,119.20 PID 08-118-21-33-0072 Total Assessment $23,119.20 6. YMCA Greater Twin Cities Non- Reconstruction 0 $329.56 $0.00 7601 42nd Avenue N Residential Mill & Overlay 1,311 $33.80 $44,298.28 PID 17-118-21-23-0007 Total Assessment $44,298.28 7. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 250 $33.80 $8,462.17 PID 17-118-21-23-0016 Total Assessment $8,462.17 8. Holy Nativity Lutheran Church Non- Reconstruction 0 $329.56 $0.00 3900 Winnetka Ave N Residential Mill & Overlay 415 $33.80 $14,025.65 PID 17-118-21-32-0004 Total Assessment $14,025.65 9. Emergency Foodshelf Network Non- Reconstruction 0 $329.56 $0.00 8501 54th Ave N Residential Mill & Overlay 281 $33.80 $9,503.55 PID 07-118-21-12-0007 Total Assessment $9,503.55 10. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 342 $33.80 $11,569.06 PID 06-118-21-44-0053 Total Assessment $11,569.06 Total Assessment Value $579,911.22 Appendix B-2 Final Project Assessments 2016 MSA Infrastructure Improvements September 2017 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. Ind Sch Dist 281 Non- Reconstruction 1,257 $329.56 $414,158.05 8230 47th Ave N Residential Mill & Overlay 0 $33.80 $0.00 PID 07-118-21-41-0001 Total Assessment $414,158.05 2. Community Involvement Program Non- Reconstruction 0 $329.56 $0.00 7600 48th Circle N Residential Mill & Overlay 135 $33.80 $4,563.00 PID 08-118-21-32-0069 Total Assessment $4,563.00 3. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 848 $33.80 $28,662.40 PID 08-118-21-32-0043 Total Assessment $28,662.40 4. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 638 $33.80 $21,549.87 PID 08-118-21-33-0073 Total Assessment $21,549.87 5. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 684 $33.80 $23,119.20 PID 08-118-21-33-0072 Total Assessment $23,119.20 6. YMCA Greater Twin Cities Non- Reconstruction 0 $329.56 $0.00 7601 42nd Avenue N Residential Mill & Overlay 1,311 $33.80 $44,298.28 PID 17-118-21-23-0007 Total Assessment $44,298.28 7. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 250 $33.80 $8,462.17 PID 17-118-21-23-0016 Total Assessment $8,462.17 8. Holy Nativity Lutheran Church Non- Reconstruction 0 $329.56 $0.00 3900 Winnetka Ave N Residential Mill & Overlay 415 $33.80 $14,025.65 PID 17-118-21-32-0004 Total Assessment $14,025.65 9. Emergency Foodshelf Network Non- Reconstruction 0 $329.56 $0.00 8501 54th Ave N Residential Mill & Overlay 281 $33.80 $9,503.55 PID 07-118-21-12-0007 Total Assessment $9,503.55 10. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 342 $33.80 $11,569.06 PID 06-118-21-44-0053 Total Assessment $11,569.06 Total Assessment Value $579,911.22 H RESOLUTION NO. 17-107 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH INFRASTRUCTURE IMPROVEMENT NO. 962 (2016 Infrastructure Improvement Project) WHEREAS, contracts have been let for the construction of the 2016 Infrastructure Improvement No. 962 in the City, and WHEREAS, the total cost of said improvement, including utility costs and street costs, is $2,455,749.10. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines the portion of the cost of such improvement to be paid by the city shall be $1,875,837.88, exclusive of the amount the city may pay as a property owner, and the portion of the street cost to be assessed against benefited property owners is declared to be $579,911.22 and that such assessments shall be based upon benefits received by the assessed property without regard to cash valuation. The city shall pay $93,362.70 of the declared assessment amount as a benefited property owner. 2. Assessments shall be payable in equal biannual installments due and payable on or before May 15th and October 15th of each year extending over a period of ten (10) years, the first of the installments to be payable on or before May 15, 2018, and shall bear interest at the rate of six (6%) percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 25th day of September, 2 L® Kathi Hemk)ma,,Mayor Attest: Valerie Leone, City Clerk P:\Attorney\SAS\I Client Files\2 City of New Hope\99-69621 (2016 street proj)Utesolution Declaring Cost Assessed and Prep of Assess. docx RESOLUTION NO. 17-108 RESOLUTION CALLING FOR A PUBLIC HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 962 (2016 Infrastructure Improvement Project) WHEREAS, at the direction of the City Council pursuant to Resolution No. 17-107 , the City Clerk, with the assistance of the City Consulting Engineer, has prepared an assessment roll for the 2016 Infrastructure Improvement No. 962, and WHEREAS, the said proposed assessment roll is now on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. A hearing shall be held at 7:00 p.m. on October 23, 2017 in the New Hope City Hall located at 4401 Xylon Avenue North, New Hope, MN 55428 to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the Clerk shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. The published notice shall be in substantially the form set forth on Exhibit A and the mailed notice to benefited property owners shall be in substantially the form set forth on Exhibit B attached hereto. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the Hennepin County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the New Hope Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the New Hope Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 14 or interest will be charged through December 31 of the succeeding year. 4. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 25th day of September, 2017. �/ -ad- Kathi He ayor Attest: Valerie Leone, City Clerk P.\Attomey\SAS\I Client Files\2 City of New Hope\99-69621 (2016 street proj)\Resolution calling pub hrg on assessments.docx Exhibit A CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 23rd day of October, 2017 at 7:00 p.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement No. 962 heretofore ordered by the City Council. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a.) for Full Reconstruction — 49th Avenue North from Boone Avenue North to Winnetka Avenue North and b.) for Mill and Overlay — 49th Avenue North from Winnetka Avenue North to the Railroad Tracks; Quebec Avenue North from 49th to 42nd Avenue North; Quebec Avenue North from 42"d to Winnetka Avenue North; 54th Avenue North from Zealand Avenue North to Winnetka Avenue North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2016 MSA Infrastructure Project 962 are as follows (see Table 10 and Figure 15 of Stantec Consulting Services' October 2015 feasibility report): Address PID number Independent School District 281 07-118-21-41-0001 1 8230 47th Avenue North Community Involvement Program 08-118-21-32-0069 7600 48th Circle North City of New Hope 08-118-21-32-0043 Sunnyside Park City of New Hope 08-118-21-33-0073 Sunnyside Park City of New Hope 08-118-21-33-0072 Sunnyside Park YMCA Greater Twin Cities 17-118-21-23-0007 760142 nd Avenue North City of New Hope 17-118-21-23-0016 4401 Xylon Avenue North Holy Nativity Evangelical 17-118-21-32-0004 Lutheran Church 3900 Winnetka Avenue North Emergency Foodshelf Network 07-118-21-12-0007 8501 54th Avenue North City of New Hope 06-118-21-44-0053 Begin Park The total amount proposed to be assessed is $579,911.22. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. 2 Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains additional information. Dated: September 25, 2017 BY ORDER OF THE CITY COUNCIL sNalerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 12" and 19" days of October, 2017.) P:\Attorney\SAS\l Client Files\2 City of New Hope\99-69621 (2016 street proj)\public hearing notice assessment hearing - proj. 962.docx Exhibit B (Mailed Notice) NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: PROPERTY TO BE ASSESSED: ASSESSMENT: INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:0012.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 —1— feasibility report, the streets included in the project are as follows: a) for Full Reconstruction — 49th Avenue North from Boone Avenue North to Winnetka Avenue North and b) for Mill and Overlay — 491h Avenue North from Winnetka Avenue North to the Railroad Tracks; Quebec Avenue North from 49th to 42nd Avenue North; Quebec Avenue North from 42nd to Winnetka Avenue North; 54th Avenue North from Zealand Avenue North to Winnetka Avenue North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore, only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER, ADDRESS, AND Independent School District 281 07-118-21-41-0001 PID NUMBER: 8230 471h Avenue North Community Involvement Program 08-118-21-32-0069 7600 481h Circle North City of New Hope 08-118-21-32-0043 Sunnyside Park City of New Hope 08-118-21-33-0073 Sunnyside Park City of New Hope 08-118-21-33-0072 Sunnyside Park YMCA Greater Twin Cities 17-118-21-23-0007 7601 42nd Avenue North City of New Hope 17-118-21-23-0016 4401 Xylon Avenue North Holy Nativity Evangelical 17-118-21-32-0004 Lutheran Church 3900 Winnetka Avenue North Emergency Foodshelf Network 07-118-21-12-0007 8501 541h Avenue North —Z— City of New Hope 06-118-21-44-0053 Begin Park TOTAL AMOUNT OF The total amount proposed to be assessed is $579,911.22. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1-6 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption of the proposed assessment may be taken at the hearing by the Council. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2018. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2017, through December 31, 2018, or 14 months' interest. —3— PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2017, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the Finance SUCCEEDING YEARS: Director or Assessment Clerk at any time prior to November 14 of any year. October 2, 2017 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone, City Clerk M gem Ee_:All Request for Action October 23, 2017 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Section Public Hearing Item Number 7.1 Agenda Title Resolution adopting assessments for improvement project no. 962 (2016 infrastructure improvement project) Requested Action Staff is requesting Council to adopt a resolution to adopt the proposed assessments for the 2016 street and infrastructure project no. 962. Policy/Past Practice Assessments are proposed to be levied against benefited, tax-exempt properties, in accordance with New Hope's assessment policy. Background On February 8, 2016, Council authorized a contract with S.R. Weidema, Inc. for $2,860,481.15 for construction of the 2016 infrastructure project. The project included a full reconstruct of 49th Avenue North from Boone Avenue to Winnetka Avenue, including pedestrian and bikeway improvements. The utility infrastructure improvements consisted of water and storm sewer replacement, with minimal sanitary sewer improvements. Mill and overlay street improvements were completed on 49th Avenue North, to the east of Winnetka Avenue and Quebec Avenue North, between 49th Avenue North and Winnetka Avenue, as well as 54th Avenue east of Winnetka Avenue to Boone Avenue. Spot curb replacements were made. There were no major utility improvements needed in this area. The city engineer has determined the total cost for the street portion of the 2016 infrastructure project is $2,455,749.10.. Using New Hope's assessment policy, the assessment rate is $329.56 per foot for reconstruction, and $33.80 per foot for mill and overlay. The 2016 infrastructure improvement project includes 10 tax exempt properties for assessments (five of the 10 parcels are city -owned). The total proposed assessment roll is $579,911.22 which is slightly less than the estimated assessment roll of $585,688. On September 25, 2017, Council approved a resolution declaring costs to be assessed and established a public hearing to consider the assessments at the October 23 Council Meeting. The city clerk has notified the property owners of the public hearing and the proposed assessments. The properties proposed to be assessed are identified on Appendix B-2. No written objections have been received to date. Funding The project funding source includes assessments, state aid, street infrastructure fund, and water and storm water and sanitary sewer funds. I:\RFA\City Manager\2017\Council Meetings\Project 962 assessments\q-proj 962 adopt assessments.docx Request for Action, Page 2 Attachments • Resolution • Appendix B-2 • Map RESOLUTION NO. 17 - 118 RESOLUTION ADOPTING ASSESSMENT FOR INFRASTRUCTURE IMPROVEMENT PROJECT NO. 962 (2016 Infrastructure Improvement Project) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 23, 2017 and heard and passed on all objections to the proposed assessment for the 2016 Infrastructure Improvement Project No. 962, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which hereof is hereby accepted and shall constitute the special therein, and each tract of land therein is hereby found improvement. 2. Such assessments shall be as follows: is attached hereto and made a part assessment against the lands named to be benefitted by the proposed a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2018, collectible with such taxes during the year 2018. b. To the first installment shall be added interest at the rate of six percent (6%) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31St of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof, and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 23rd day of October, 2017. 1 LI Ola'd- le r"�/ Kathi H ken, Mayor Attest: k-11—tt; ZU—YU-., Valerie Leone, City Clerk Total Assessment $4,563.00 3. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 848 $33.80 $28,662.40 PID 08-118-21-32-0043 Total Assessment $28,662.40 4. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 638 $33.80 $21,549.87 PID 08-118-21-33-0073 Total Assessment $21,549.87 5. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 684 $33.80 $23,119.20 PID 08-118-21-33-0072 Total Assessment $23,119.20 6. YMCA Greater Twin Cities Non- Reconstruction 0 $329.56 $0.00 7601 42nd Avenue N Residential Mill & Overlay 1,311 $33.80 $44,298.28 PID 17-118-21-23-0007 Total Assessment $44,298.28 7. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 250 $33.80 $8,462.17 PID 17-118-21-23-0016 Total Assessment $8,462.17 8. Holy Nativity Lutheran Church Non- Reconstruction 0 $329.56 $0.00 3900 Winnetka Ave N Residential Mill & Overlay 415 $33.80 $14,025.65 PID 17-118-21-32-0004 Total Assessment $14,025.65 9. Emergency Foodshelf Network Non- Reconstruction 0 $329.56 $0.00 8501 54th Ave N Residential Mill & Overlay 281 $33.80 $9,503.55 PID 07-118-21-12-0007 Total Assessment $9,503.55 10. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 342 $33.80 $11,569.06 PID 06-118-21-44-0053 Total Assessment $11,569.06 Total Assessment Value $579,911.22 Appendix B-2 Final Project Assessments 2016 MSA Infrastructure Improvements September 2017 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. Ind Sch Dist 281 Non- Reconstruction 1,257 $329.56 $414,158.05 8230 47th Ave N Residential Mill & Overlay 0 $33.80 $0.00 PID 07-118-21-41-0001 Total Assessment $414,158.05 2. Community Involvement Program Non- Reconstruction 0 $329.56 $0.00 7600 48th Circle N Residential Mill & Overlay 135 $33.80 $4,563.00 PID 08-118-21-32-0069 Total Assessment $4,563.00 3. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 848 $33.80 $28,662.40 PID 08-118-21-32-0043 Total Assessment $28,662.40 4. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 638 $33.80 $21,549.87 PID 08-118-21-33-0073 Total Assessment $21,549.87 5. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 684 $33.80 $23,119.20 PID 08-118-21-33-0072 Total Assessment $23,119.20 6. YMCA Greater Twin Cities Non- Reconstruction 0 $329.56 $0.00 7601 42nd Avenue N Residential Mill & Overlay 1,311 $33.80 $44,298.28 PID 17-118-21-23-0007 Total Assessment $44,298.28 7. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 250 $33.80 $8,462.17 PID 17-118-21-23-0016 Total Assessment $8,462.17 8. Holy Nativity Lutheran Church Non- Reconstruction 0 $329.56 $0.00 3900 Winnetka Ave N Residential Mill & Overlay 415 $33.80 $14,025.65 PID 17-118-21-32-0004 Total Assessment $14,025.65 9. Emergency Foodshelf Network Non- Reconstruction 0 $329.56 $0.00 8501 54th Ave N Residential Mill & Overlay 281 $33.80 $9,503.55 PID 07-118-21-12-0007 Total Assessment $9,503.55 10. City of New Hope Non- Reconstruction 0 $329.56 $0.00 86 Address Unassigned Residential Mill & Overlay 342 $33.80 $11,569.06 PID 06-118-21-44-0053 Total Assessment $11,569.06 Total Assessment Value $579,911.22 NOTICE OF PUBLIC HEARING ON PROPOSED INFRASTRUCTURE IMPROVEMENT NO. 962 (2016 MSA Infrastructure Improvement Project) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on November 23, 2015 at 7:00_p.m. at the City Hall, 4401 Xylon Avenue North., in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. .A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services" October 2015 feasibility report, the streets included in the project are as follows: a) for Full Reconstruction — 49th Avenue North from Boone Avenue to Winnetka Avenue North and. b) for Mill and Overlay — 49th Avenue North from Winnetka Avenue North to the Railroad Tracks; Quebec Avenue North from 49th to 42nd Avenue North; Quebec Avenue North from 42nd to Winnetka. Avenue North; 54th Avenue North from Zealand to Winnetka Avenue North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 exempt properties to be assessed for the 2016 MSA Infrastructure Project 962 are as follows (see Table 10 and Figure 15 of Stantec Consulting Services' October 2015 feasibility report): Address PID number Estimated Assessment Independent School District 281 07-118-21-41-0001 $418,267 8230 47th Avenue North Community Involvement Program 08-118-21-32-0069 $4,609 7600 48th Circle North City of New Hope 08-118-21-32-0043 $28,951 Sunnyside Park City of New Hope 08-118-21-33-0073 $21,767 Sunnyside Park City of New Hope 08-118-21-33-0072 $23,352 Sunnyside Park YMCA Greater Twin Cities 17-118-21-23-0007 $44,744 7601 42"d Avenue North City of New Hope 17-118-21-23-0016 $8,547 4401 Xylon Avenue North Holy Nativity Evangelical 17-118-21-32-0004 $14,167 Lutheran Church 3900 Winnetka Avenue North The Food Group 07-118-21-12-0007 $9,599 8501 54th Avenue North City of New Hope 06-118-21-44-0053 $11,685 Begin Park 3. The estimated cost of said improvement is $3,773,237.00. Upon completion of the project, the city will mail property owners notice of an assessment hearing, final costs, and payment options. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2 above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 29th day of October, 2015. s\ Valerie Leone Valerie Leone, City Clerk Notices mailed to: Mailing address: Independent School District 281 4148 Winnetka Ave. N. New Hope, MN 55428 Community Involvement Program 1600 Broadway St. NE Minneapolis, MN 55413 YMCA Greater Twin Cities 760142 d Avenue North New Hope, MN 55428 Holy Nativity Evangelical Lutheran Church 3900 Winnetka Avenue North New Hope, MN 55428 The Food Group 850154 th Avenue North New Hope, MN 55428 Assessed property: Independent School District 281 823047 1h Avenue North New Hope, MN 55428 Community Involvement Program 760048 th Circle North New Hope, MN 55428 Same Same Same NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: Independent School District 281 PROPERTY TO BE ASSESSED: 8230 471h Avenue North ASSESSMENT: $414,158.05 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:0012.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain file and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a) for Full CITY OF N-Ew HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: Community Involvement Program PROPERTY TO BE ASSESSED: 7600 481h Circle North ASSESSMENT: $4,563 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:00 p.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a) for Full CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: YMCA Greater Twin Cities PROPERTY TO BE ASSESSED: 7601 42nd Avenue North ASSESSMENT: $44,298.28 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:00 p.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement PrQject, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a) for Full CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: The Food Group PROPERTY TO BE ASSESSED: 8501 541h Avenue North ASSESSMENT: $9,503.55 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:0012.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a) for Full CITY OF PiEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF HEARING ON ASSESSMENTS FOR 2016 INFRASTRUCTURE IMPROVEMENT NO. 962 TO: Holy Nativity Evangelical Lutheran Church PROPERTY TO BE ASSESSED: 3900 Winnetka Avenue North ASSESSMENT: $14,025.65 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 23rd day of October, 2017, at 7:00 p.m. to consider objections to the proposed assessments for the 2016 Infrastructure Improvement Project, City Project No. 962. The general nature of the improvement, as described in the October 2015 feasibility report entitled 2016 MSA Infrastructure Improvement Project, City Project No. 962, prepared by Stantec Consulting Services, Inc., Engineers for the City, is the full reconstruction or mill and overlay rehabilitation of approximately 2.5 miles of city streets as hereafter described including replacement of cast iron pipe (CIP) water mains with new polyvinyl chloride pipe (PVC) water main and leads within the full reconstruction area and bolt replacement at all water valve locations within the mill and overlay rehabilitation area. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. All storm sewer in the full reconstruction area will be completely replaced. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve two construction strategies including 1) Full Reconstruction involving the complete removal of the existing pavement, base and subgrade materials, curb and gutter and driveway aprons. A new street is constructed with drain tile and sump pump stubs to improve subsurface drainage and 2) Mill and Overlay consisting of milling a 2 inch depth of the existing bituminous surface across the entire width of the street followed by a 2 inch overlay of the entire bituminous surface with spot curb replacement to severely damaged or poorly draining curb and spot patching to severely cracked or failing pavement prior to the new bituminous overlay. As set out in Tables 1 and 2 of Stantec Consulting Services' October 2015 feasibility report, the streets included in the project are as follows: a) for Full CITY OF NEW HOPE -1- 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Reconstruction — 491h Avenue North from Boone Avenue North to Winnetka Avenue North and b) for Mill and Overlay — 491h Avenue North from Winnetka Avenue North to the Railroad Tracks; Quebec Avenue North from 491h to 42nd Avenue North; Quebec Avenue North from 42nd to Winnetka Avenue North; 54th Avenue North from Zealand Avenue North to Winnetka Avenue North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore, only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER, ADDRESS, AND Independent School District 281 07-118-21-41-0001 PID NUMBER: 8230 471h Avenue North Community Involvement Program 08-118-21-32-0069 7600 48th Circle North City of New Hope 08-118-21-32-0043 Sunnyside Park City of New Hope 08-118-21-33-0073 Sunnyside Park City of New Hope 08-118-21-33-0072 Sunnyside Park YMCA Greater Twin Cities 17-118-21-23-0007 7601 42nd Avenue North City of New Hope 17-118-21-23-0016 4401 Xylon Avenue North Holy Nativity Evangelical Lutheran Church 17-118-21-32-0004 3900 Winnetka Avenue North Emergency Foodshelf Network 07-118-21-12-0007 8501 54th Avenue North City of New Hope 06-118-21-44-0053 Begin Park -2- TOTAL AMOUNT OF The total amount proposed to be assessed is $579,911.22. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1-6 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption of the proposed assessment may be taken at the hearing by the Council. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2018. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2017, through December 31, 2018, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2017, when -3- the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the Finance SUCCEEDING YEARS: Director or Assessment Clerk at any time prior to November 14 of any year. October 2, 2017 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone, City Clerk -4- Notices Mailed on 10/2/17. Mailing Address Address PID number Assessment Independent School District 281 Independent School District 281 07-118-21-41-0001 $414,158.05 4148 Winnetka Ave. N. 8230 47th Avenue North New Hope, MN 55428 Community Involvement Community Involvement Program 08-118-21-32-0069 $4,563.00 Program 760048 1h Circle North 1600 Broadway St. NE Minneapolis, MN 55413 Same Same Same Same City of New Hope Sunnyside Park City of New Hope Sunnyside Park City of New Hope Sunnyside Park YMCA Greater Twin Cities 760142 d Avenue North 08-118-21-32-0043 28,662.40 08-118-21-33-0073 21,549.87 08-118-21-33-0072 $23,119.20 17-118-21-23-0007 $44,298.28 City of New Hope 17-118-21-23-0016 $8,462.17 4401 Xylon Avenue North Holy Nativity Evangelical Lutheran 17-118-21-32-0004 $14,025.65 Church 3900 Winnetka Avenue North New Hope, MN 55427 The Food Group 07-118-21-12-0007 $9,503.55 850154 1h Avenue North New Hope, MN 55428 City of New Hope 06-118-21-44-0053 $11,569.06 Begin Park —5— total $579,911.23 2. Community Involvement Program Non- Reconstruction 7600 48th Circle N Residential Mill & Overlay PID 08-118-21-32-0069 3. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-32-0043 4. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-33-0073 5. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-33-0072 6. YMCA Greater Twin Cities Non- Reconstruction 7601 42nd Avenue N Residential Mill & Overlay PID 17-118-21-23-0007 7. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 17-118-21-23-0016 8. Holy Nativity Lutheran Church Non- Reconstruction 3900 Winnetka Ave N Residential Mill & Overlay PID 17-118-21-32-0004 9. Emergency Foodshelf Network Non- Reconstruction 8501 54th Ave N Residential Mill & Overlay PID 07-118-21-12-0007 10. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 06-118-21-44-0053 Total Assessment Appendix B-2 a1 0 $329.56 $0.00 Final Project Assessments 135 $33.80 $4,563.00 2016 MSA Infrastructure Improvements $4,563.00 0 $329.56 September 2017 848 $33.80 $28,662.40 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. Ind Sch Dist 281 Non- Reconstruction 1,257 $329.56 $414,158.05 8230 47th Ave N Residential Mill & Overlay 0 $33.80 $0.00 PID 07-118-21-41-0001 684 $33.80 $23,119.20 2. Community Involvement Program Non- Reconstruction 7600 48th Circle N Residential Mill & Overlay PID 08-118-21-32-0069 3. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-32-0043 4. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-33-0073 5. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 08-118-21-33-0072 6. YMCA Greater Twin Cities Non- Reconstruction 7601 42nd Avenue N Residential Mill & Overlay PID 17-118-21-23-0007 7. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 17-118-21-23-0016 8. Holy Nativity Lutheran Church Non- Reconstruction 3900 Winnetka Ave N Residential Mill & Overlay PID 17-118-21-32-0004 9. Emergency Foodshelf Network Non- Reconstruction 8501 54th Ave N Residential Mill & Overlay PID 07-118-21-12-0007 10. City of New Hope Non- Reconstruction 86 Address Unassigned Residential Mill & Overlay PID 06-118-21-44-0053 Total Assessment $414,158.05 a1 0 $329.56 $0.00 135 $33.80 $4,563.00 Total Assessment $4,563.00 0 $329.56 $0.00 848 $33.80 $28,662.40 Total Assessment $28,662.40 0 $329.56 $0.00 638 $33.80 $21,549.87 Total Assessment $21,549.87 0 $329.56 $0.00 684 $33.80 $23,119.20 Total Assessment $23,119.20 0 $329.56 $0.00 A 1,311 $33.80 $44,298.28 Total Assessment $44,298.28 0 $329.56 $0.00 250 $33.80 $8,462.17 Total Assessment $8,462.17 0 $329.56 $0.00 415 $33.80 $14,025.65 Total Assessment $14,025.65 / 0 $329.56 $0.00 281 $33.80 $9,503.55 VVV Total Assessment $9,503.55 0 $329.56 $0.00 342 $33.80 $11,569.06 Total Assessment $11,569.06 Total Assessment Value $579,911.22