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IP #770 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works Consent Item No. By: Guy Johnson By: 6.7 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR CURB AND SIDEWALK REPLACEMENT FOR THE REDEVELOPMENT AREAS AT WINNETKA/BASS LAKE ROAD (IMPROVEMENT NO. 770) REQUESTED ACTION Staff requests approval of a resolution ordering construction and awarding the contract to the low and responsible bidder, O'Malley Construction Inc., in the amount of $342,777.05. The contract is for the construction of new curbs and sidewalks along Winnetka Avenue adjacent to the Winnetka Townhomes (Frank's redevelopment site), and along Winnetka Avenue and Bass Lake Road adjacent to the Winnetka Green redevelopment site. BACKGROUND One of the city's goals is to pursue the redevelopment of commercial and residential properties within the city. The Winnetka Green development, at the southeast corner of Winnetka Avenue and Bass Lake Road, and the redevelopment of the Frank's site on Winnetka Avenue are currently under construction. Per Council discussion at the June 21, 2004, work session, installation of new curbs and sidewalks adjacent to the redevelopment sites should be considered and reviewed by staff. On August 9,2004, Council approved the plans and specifications for the replacement of the curbs and sidewalks. Both Winnetka Avenue and Bass Lake Road are part of the city's state aid road system. The plans and specifications were submitted to the state aid office for review and have been approved for state aid funding. FUNDING The engineer's cost estimates during the plan preparations were $308,386 for construction of the curb and sidewalk around the Winnetka Green project and $45,093 for the work in front of the Winnetka Townhouse project, for a total of $353,479. Staff proposes that state aid road funds be used for this project. ATTACHMENTS The engineer's memorandum and the resolution ordering the project and awarding the contract are attached. MOTION BY V / jJ; Lf i j .~ /'" _Vi ,,1J .VP' , .1/ ,. ?ii' I>" {7/~.!) /1 ,.{/v V .-! \....--0 SECOND BY TO: 01./- / 7() I:RFA\Pubworks\2004\770 Awarding Curb & Sidewalk Contract RESOLUTION NO. 04-170 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR CURB AND SIDEWALK REPLACEMENT IN WINNETKAJBASS LAKE ROAD REDEVELOPMENT AREA IMPROVEMENT PROJECT NO. 770 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore considered and approved plans and specifications and ordered bids for construction of curb and sidewalk replacement along Winnetka Avenue adjacent to the 'Winnetka T ownhomes development and along Winnetka Avenue and Bass Lake Road adj acent to the Winnetka Greens and CVS Pharmacy developments identified as Public Improvement Project No. 770, (hereafter Project). This action and the City staff's bid advertisement action for the Project is hereby ratified and approved. Based on a consideration of these plans and specifications, presentations by the City staff and City Engineer on this proj ect and this Councils own consideration for the need for this project, this Council does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered 2. That advertisement for bids for the construction of said improvement was duly and lawfully published in the New Hope-Golden Valley Sun-Post, the official newspaper ofthe City and in The Construction Bulletin. 3. That bids for the construction of the Curb and Sidewalk Replacement Improvement Project No. 770 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North on September 22, 2004, as heretofore authorized by this Council. 4. It is hereby found and determined by this Council that the bid of O'Malley Construction, Inc. for the construction of said project in the amount of $342,777.05 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 5. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name ofthe City with 0 'Malley Construction, Inc., subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 2ih day of September, 2004. -1- J.. x: Attest: / ;1 t ( /\ I L ~~V.I lL Valerie Leone, City Clerk ~ / / /f / \ vv--v ~ Do ler, Mayor P:'c-'\ttomey\Cnh Resolutions\CNH99-10030-009-reso ordering proj and awarding contract project nO.doc -2- . f1 ~ Bonestroo. ~ Rosene "'I\lI AnderHl< & . \J 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com September 22, 2004 Horiorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, N1N 55428-4843 Re: . Winnetka Avenue Sidewalk Replacement Project City Project No. 770 File No. 34-04-163 Recommendation of Contract Award Bids were opened for the Project stated above on Wednesday, September 22, 2004 at 10:00 A.M. Transmitted herewith are 10 copies of the Bid Tabulation for your infonnation and file. Copies will also be distributed to each Bidder. There were a total of 6 Bids. The following summarizes the results of the Bids received: Low Contractor O'Malley Construction, Inc. Ti-Zack Concrete, Inc. Midwest Asphalt Corporation Hardrives, Inc. Knish Corporation Thomas & Sons Construction, Inc. Bid Amollnt $342,777.05 $358,523.14 $415,390.10 $424,471.72 $448,727.50 $470,357.90 #2 #3 #4 #5 #6 The low Bidder on the Project was O'Malley Construction, Inc. with a Base Bid of $342,777.05. This compares to the Engineer's Estimate of $353,479.00. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of perfonning the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then O'Malley Construction, Inc. should be awarded the Project on the Base Bid Amount of $342,777.05. Should you have any questions, please feel free to contact me at (651) 604-4790. Yours very truly, BONESTROO, ROSENE, AL'IDERLIK & ASSOCIATES, INC. J~ ~~/ Vincent T. Vander Top, P.E. Enclosures . St. Paul, St. Cloud, Rochester, Willmar, MN . Milwaukee, WI . Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned Bonestroo IilCIiM!l Rosene Anderlii< & Associates 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-J311 www.bonestroo.colll Engineers & Architects September 22, 2004 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, IvIN 55428-4843 Re: Winnetka Avenue Sidewalk Replacement Project City Project No. 770 File No. 34-04-163 Recommendation of Contract Award Bids were opened for the Project stated above on Wednesday, September 22, 2004 at 10:00 A.M. Transmitted herewith are 10 copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of 6 Bids. The following summarizes the results of the Bids received: Low #2 #3 #4 #5 #6 Contractor O'tvIalley Construction, Inc. Ti-Zack Concrete, Inc. IvIidwest Asphalt Corporation Hardrives, Inc. Knish Corporation Thomas & Sons Construction, Inc. Bid Amollnt $342,777.05 $358,523.14 $415,390.10 $424,471.72 $448,727.50 $470,357.90 The low Bidder on the Project was O'Malley Construction, Inc. with a Base Bid of $342,777.05. 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Fax: 651-636-1311 www.bonestroo.com September 24, 2004 Lori O'Malley O'Malley Construction, Inc. 35799 241st Avenue LeCenter,:tvlN 56057 Re: City of New Hope, Minnesota Winnetka Avenue Sidewalk Replacement Project City Project No. 770 File No. 34-04-163 Contract Documents Enclosed are four (4) Contract Documents between you and the City of New Hope covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & Sondrall, P A 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, please distribute as follows: 2 copies 1 copy 1 copy O'Malley Construction, Inc. (1 - your file, 1 - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo & Associates, Attention: Vince Vander Top Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. ~~~ Vincent T. Vander Top, P.E. Enclosures: Four (4) Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope . St. Paul, St. Cloud, Rochester, Willmar, MN . Milwaukee, WI . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MJ]\.'NESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com MEMORANDUM Date: 4 October 2004 VIA PERSONAL DELIVERY To: Valerie Leone City Clerk City of New Hope From: Clarissa M. Klug Re: Winnetka Sidewalk Replacement - O'Malley Construction, Inc. Contract (Our File No. 99.10030) Enclosed are four (4) originals of the above-referenced Contract. We have reviewed the document for form and execution, and find everything in order with the exception of some minor points. Insurance Coverage We cannot confirm at this point whether or not the City should raise objections to the insurance provided by Contractor. The enclosed Certificate of Liability Insurance is in order in terms of the types and amounts of coverage required. However, we are in the process of having the insurer confirm that various coverage details are in line with the Contract requirements. These matters are not of a significant enough level that they should hold up the Contract execution. If concerns are raised as a result of the insurer's response, there is a process to address those concerns under Section 5.09 of the Contract. Accordingly, the Contract can be signed while review of these various insurance coverage details is underway. Contractor Authority to Sign The City Attorney's Office has only a faxed copy of a Resolution stating that the President of O'Malley Construction, Inc. (the "Contractor") is authorized to execute contract documents of this type/amount. However, the Contractor has assured us that an original of this document will be provided by mail shortly. Accordingly, it is our opinion that the proper execution of the Contract can safely be assumed and City signature need not be held until the original Resolution arrives. We will forward the original Resolution to you for the City files and will keep a copy in our office. A faxed copy is enclosed for your reference in the meantime. Completion of Final Contract Packages Our office has been informed that the Contractor license number does not apply to the type of work called for by the Contract, so this data need not be collected as part of finalizing the agreement. Technically, an original Certificate of Liability Insurance should accompany each Contract, along with the original bonds that are currently inserted in each original binder. The Contractor's insurance company has agreed to provide originals, but has not sent them yet. In the meantime, the photocopy included in each binder will suffice. The originals will re-insert into the "Cancellation" section of the Certificate the fact that the insurer will provide 30 days notice if insurance is canceled. The general provision now in the Certificate to "provide notice" of cancellation sufficiently protects the City in the meantime. The originals of the Insurance Certificates will be sent to our office and we will contact you when they arnve. Notice to Proceed Finally (and you may already have this covered in your standard procedures), please let whoever is doing the formal Notice to Proceed know that the Notice should specify when "Contract Times" are to begin. Under Article 2 of the General Provisions of the Contract, the Contract Times are set in some cases to begin on the 30th day after the Effective Date of the Contract. Given the timing for approval of this Contract, the City will want the Contract Times to run from a date specified in the Notice to Proceed. As always, feel free to call with any questions or concerns. c. Dale Reed Guy Johnson P:IAnomeyICmkICliemsICNHI99.1003O-Public WorkslOOI.Winnetka Avenue Sidewalk ReplacementICNH99.10030(C)(1).003-Memo LO City re Execution of Comract.doc Hl/04i'2004 14: 47 5073575139 OMALLEY CONSTRUCTION PAGE 02 ACTION BY DIRECTORS OF O'MALLEY CONSTRUCTION, INC. The undersigned, being all or the required majority of the Directors of O'Malley Co lstrl1ction, Inc. (hereinafter "Corporation"), do hereby determine to act without a meeting ;IDd consent h I writing to the adoption of the following Resolutions: RESOLVED, we, the undersigned Directors of the Corporation authorize Lori D'Malley, the Corporation's President, to enter into a contract knO\\-l1 as the "'winnetka Avenue Sidewalk Replacement, City Project No. 770" (the "Contract") with thl ~ City of New Hope. Further, any and all actions taken by Lori O'Malley to date to enter into the Contract are hereby approved and ratified. RESOLVED FURTHER, that this Action and the Resolutions contained herein are effi ctive as of the 4th day of October, 2004. . THE DIRECTORS OF THE CORPORATION ,Ol...".t ... S{!.Lrd:::~ . v..JtJV."^l.......Jv...." ~ .. / S Vk.e tf.e~Ld-ei'\t ~ -rr~S ~f"~v'\. 3: Ol~tky .' .E.~A?IDE~' ll;,j~ . .mr"~' . ~':'"" ~...l.I,I~L:.... ~ ~ My Corr r.1. ~plro?;: Jan. 31, 2007 ~ 1I\1l1VVV'11WV1I'M ~Iil III AN\N~\AN\ VVvVVVV\NVI,IlI ! STEPHANIE JDLEt-. E ANDERl.EY J NOTARY PU8LIC.1 'It,INESOTA My Cornrn. Ex~'ireB Ian. 31. 2007 DVVVVV~II'INI~1!l ~~ (OfY(Olf 1\D~k(opl\bu.in""~\20(l4l'rojOC(.\Won "roJ=\J>rim~Ncw nope WIMe1knICNti99,I0030{C}(1)-OOl_^otio" oiJJoard or~~Clo",.doo 1 (If 1 October 8, 2004 Ms. Lori O'Malley O'Malley Construction, Inc. 35799 241 5t Avenue LeCenter, MN 56057 SUBJECT: CURB & SIDEWALK REPLACEMENT AT WINNETKA/BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 770) Enclosed are two fully executed contract documents for New Hope Project No. 770. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on September 27, 2004, for $342,777.05. Enclosed is return of your bid bond. 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 (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763-592-6766. Sin~erely, .(?~ ' .... ....... ~!_'_ " ~[}~CC Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney Vince VanderTop, Assistant City Engineer (File No. 34-04-163) Guy Johnson, Director of Public Works 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. TDD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 i ~ ~ ~ 2 ~ ~ ~ g 5 5 g ~ ~ ~ ~ ~ ~ g ~ ~ ~ 1 1 ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ m ~ ~ ~ ~ ~ ~ ~ 2 ~ ~ ~ f'1 0 ? o I !;i ~ " '" Q i3 " ." o 11 ~ ::( ~ m or '" ~ ~ i3 -< ~ ~ :; " r;; '& 8 ~ ~ ~ ~ ~ :;:: > :;:0 ?: > ~ ~ ~ ~ ~ g ~ f'1 ~ ~ ~ ; g ~ ~ 12 g f'1 ~ I!I 0 0 - <- ... 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Ie St. Paul Office 2335 West HIghway 36 St. Paul, I-lN 55113 Phone: 651~536.4500 Fax: 6S1-636-1311 cs:.>;;;:;:;;v.:. ;:=!it. ...~ct;::'l< L ~::::X::.lll JaI Bonestroo -=- ~~~~~Tk & TIlt Associates E:i;t."Iee."S .& An;t;!:e:::s ........4..........",,~ C6.Q NEW HOPE, MINNESOTA WINNETKA AVENUE SIDEWALK REPLACEMENT SAP. 182-020-23 AND SAP. 182-109-05 BASS LAJ<E ROAD STREET IMPROVEMENTS SHEET o Ol o ..... Ave slond I "tJCJ >- i ~~ ilL'"z ,I zo , -iC hi v- 1::1 - Iii III[ 1'1 '" Ii I ~'i II ~" I ':'g ~ 1.1 ~z >;:::Vl I ,..,!:;z-;:: I o~Or.1 ,.,.,C "ON +-11 :;:::....,ng'f'>.:l Ii J ~~-1~l:;t \'. a_'!,;;,rrlP ..' _..-.n;:;J;;nN llu"":;;Q<::;:;:P if.~n'-...lO::(...: ~3~5~~ ---L 5.A.P. ;82-020-23 5T A 22+ 25. 00 Ii III I "". il ~" i~ ~! I :1 II II cf! i III 10 II () I I:: i" ! 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Ard':J:=ts NEW HOPE, MINNESOTA WINNETKA AVENUE SIDEWALK REPLACEMENT SAP. 182-020-23 AND SAP. 182-109-05 SASS LAKE ROAD STREET IMPROVEMENTS () ?1 o N SAP. i 82-020-23 ST A 36+00.00 - 8~ o:;;z::;on z"'" m~'E:aJ RV; 5 ~::5 -;::;:) <I".;O::N ~~ ~~f3 x~ ~ _0 ~~ z- 0~ ~f5 ",- -- Ave I e '. "~.J (-\~- h > t' c: ::; g , 8 I I I I I I I I ~ I I ~~ !~ '" ~,'" "',- I ~ I ~c ~~ > ;; ~ ~ g ~ ! ;'=j T I oiCi"bi; 53rd Ave' I, I:i: €lEG!I~ Q~~~~~ - ~U/ ~~:c;g Ui"'G-"l. _ _ 0:"''-1 ~~iJ~~~- N :;;~o -r-r:1:;;;;::ltJ:)"" 0 ~>~I Cl_ . -z _ ~1"cl~i '10..! . ,,<" /1 T '~ ~! d, ~;;;j I r j I I I: I ------Li..- u; - - >- ~- ~ Z Z JT1 -I ^ )> )> < JT1 "" Z~--\ C Jr=::-----'-.'~-L A JT1 \ \-::; Ik U\ \ \ \~ \ \~ g! \ --1..,L=~ \., \ \\~ nIl \'-l\;:;'\< 'c' '" 0 n \ ~ \:?:: 6~>O\ I \ ...Y' l""l....zz. \,r" ::e: :;oOVl' '\ O,.m. i'ii,,;5\ IEr ',~ .: -; ~ n \ "., -'f4'::t:- \~ - ~ ~ SJ 0:...J I :(.~~=;:; 0""":: 'r' (,00 z C"le:: -1.trJif~"''''''8i . 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Assodates En"ll'leers 6 A:'d:!:e::::s ..-...~.,"",.:..".~= u.. -, NEW HOPE, MINNESOTA WINNETKA AVENUE SIDEWALK REPLACEMENT S.AP. 182-020-23 AND SAP. 182-109-05 WINNETKA AVENUE SiREET IMPROVEf.~ENTS () OJ <::> 4'> ""- e"'"'~~ -~.,::. HI! ~f~l ~J~. 1\@)b3 @I ,f?"1 ;@r:-: r--I i ~~, ,,- r I v..,,? 0' I I ! ~~! ~H g:? "'~ ~~ ~~ 1'~ ::;; ~ Co.-== i.~~ " e. j~i- ,. oS c:~ ". ?~ ~~ ;lii[ ~.!.<J :; ~i g.E~ -=-_e :"< 2.'" -~ ; .~1:~~r~{'\.:\;~::~:... (.'.........'::.'...'\ ..." r--+-.~5-'" . f~ I~~ JJI--r ~~ rt-bbj) ~.~g t..:;....: i .~.. t... ~,,' I;:.~..-,-.. . i!t,-t ~~ ;';: l.-'I ~iH Hrm ~';< !. -.......... l.~ ~[t ?~~!~; . ! "" c::: Of -ii,,_ ; ~I I ~ l~! ~~W : ~..;. ~~~ ~aF ig \.. - 1, 0- - - ~ - JI z'" Ul -i> >z :=0 >~ ::i=< 00 z'" > Z -i e > " > n ,. I~ n ~ 1:Jl 01 12 1'5 IT i;J.i IU1 I'" n c;o ,::j ~~ I~ ~III ",~ I~ r--..J" I~ ~n. ~- ~ ~ I - I~ :: L.lJ c:: g \\~-I' ~ I'll ~ ~ C I \" 1-- E rI\: g , " ;-n~r h I'I! 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Rhode III 'II~ 11'i" !!!I " ~ 110- - - ..L - - ~) I ~ 11'\ I " I I IlL I , ) 1111. I 1\ I ,: j I , I ,,' 1-11",I~+ I - ','" I' , = . . I \. ;: I. [ "II ' I~-~ - i \lo- I i!)-j-l I + 1'1 )------- N, ! :,/io ~11111311"'I13Gj ,I '\ ~ IL~_ Rhode Islond Ave g II' I 1 I Illp i ! i ~ @lei8ieI8i~ .;. .:.. <r. '" o 0 C c i : o " e 3' 13' II~ '" I ( --:..c,~:.:"j.,":::;.::-7f.:,X:::'='- i 4' 1 I ~ U ~ " \ /\:' rrl I :;0 o )> o ij ~J 'I tit --- -dJ / I'A I!I III -lj' 0'(1 III II' III II' II 'TII l~-' r~IJil -' ,l [I Iii ,:) 2' I ( _r ""''' ~~~ 8~ ~" ~> e>< g~ 5~ ~ ~ <3 " "' me 13' '\ o 11 t;1~ ~ ~ o c_ ~ ~ :< --- { I~Loulsionno ~ II i IL ~ III Iii ~ 'II " C"[ii _'I+-C~ g c gJ~ o II ~~~_. \ l'Tl_Z .. ~q~ II f=nl"'1 I ~riVi JI lESe. ~(II i ~ q, C ::i 'III ~ ;: J I\J o. 111 i ~ ~Pj. ~ ~ ,. ;_.0- Z l'Tl ',~ G; ~ C) ~ .., -z- ~ '"" ...:.c::o. ,j.,;:;,,~j. SEE aELO''''~ ~C!:;;.r:f'r thAt II'!S p..N<.SH::c:rr.:.o.rC'1. C;;l /i.!J>Cfijl~~''!::Y w..s rRr?AAQ SY IO! c;,. l-...c.....'1l.1Y t::P.tCl s:..<;>t.'r'-:=' ~'C T~' '~A o<!"~rL!CD<S!:C rP.:::,us.;c,<.>.:. !NG:s!t.'l c.""'l\~ ~:~;;.::;,~ ~r~ ~t~~2;'~; ~? l/~"'tsc~~ ~;Cl S1~aTt$~ ~~~ ::~.n c~rt C~/C;;fO{ L'C. t;C ,;..,.~ lG St. Paul Office 2:!35 West Highway 36 St. Paul, MN 55113 Phone: 651.636..;600 Fax: 651.636.1311 ~Ii!:."'cn';."".l< I;S~():>'::, Jfl.Isanestroa -=- Rosene '(;11 Anderllk & . \j. Assadates B:;lnee..-s Ii Ar.::'J!:e.d;s -.-......."""='" Ave NEW HOPE, MINNESOTA WINNETKA AVENUE SIDEWALK REPLACEMENT SAP. 182-020-23 AND SAP. 182-109-05 SASS LAKE ROAD STRIP!NG PlAN -I N o ...... /10 WESTERN NATIONAL !NS'URA.NCE The relationship company- November 23, 2004 /:.. T IYI U ?L /:2-I..Aj_rclIr;t~-cj2f,-, (/6 () 'lYl;clj!--0CO f!l71M-t'L City of New Hope 4401 Xylon Ave No New Hope MN 55428 RE: Our Insured: Our Policy No: Our Claim No: Date of Loss: KTM CONTRACTING LLC CP -300005490 0300335328 10/28/04 We are in receipt of the above captioned claim. The adjuster handling your claim is James T Becker , who can be reached at 952/921-5684. Please direct all calls and correspondence to this adjuster, always referring to the above claim number. We want to handle all claims in a fast, fair and friendly manner. Our policyholder has liability coverage to pay for damages for bodily injury or property damage for which he/she is legally responsible up to the limits of his/her policy. The Minnesota Statute of Limitations for personal injury and property damage is six years from the date of loss, except for a two year statute for damages based on services or construction to improve real property. Remarks: We have hired Dave Mundahl & Associates to assist us with our investigation with your claim and their phone number is: (952)352-0844. They will be in contact with you shortly in order to go over this loss in further detail. Thank you for your cooperation. James T Becker Claims Department dar cc: WNI-094 MADELlA INSURANCE CENTER LLC WkRNING: A person who submits an application or files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. Western National Mutual Insurance Company 5350 West 78th Street Edina, Minnesota 55439-3101 (952) 835-5350 . (800) 862-6070 www.wmns.com Email: info@wnins.com Western National Assurance Company 9706 4th Avenue NE. Ste 200 Seattle, Washington 98115-2162 (206) 526-5900 . (800) 492-9020 WESTERN NATIONAL INSURANCE GROUP* MINNEAPOLIS, MINNESOTA PRIVACY POLICY Effective July 1, 2001 WESTERN NATIONAL INSURANCE GROUP VALUES THE TRUST YOU HAVE PLACED IN US. IN RETURN, WE TAKE SERIOUSLY THE PROTECTION OF YOUR NON-PUBLIC PERSONAL INFORMATION. THIS NOTICE DESCRIBES HOW WESTERN NATIONAL USES AND SAFEGUARDS YOUR INFORMATION. INFORMA TION WE MAY COLLECT Western National Insurance Group may collect certain information about you in the operation of its business. This information falls generally within three categories: 1) II~formation necessaJY to properly underwrite risks and charge a fair premium. This may include information you provided on the application for insurance, motor vehicle reports, credit reports, or past claims information. 2) Information necessaJY to fairly evaluate claims. This may include information you provided on loss reports, information maintained by governmental agencies such as police and fire departments, motor vehicle information, medical records, employment records, wage and salary verification, credit reports, information from other insurers, information about past claims, and other information necessary to evaluate claims. 3) Finance information related to premium payments. This may include credit card numbers, bank account information, or other financial information. DISCLOSURE OF INFORMATION Western National does not sell your private information. We do not make available your private information to nonaffiliated companies for marketing purposes. Western National only shares information \vhen it is necessary to conduct our insurance business. Information may be disclosed to insurance support groups that provide data for undemTiting and claims purposes. In addition, information may be shared with adjusters, attorneys, auditors, agents or others that Western National retains to work on your or its behalf or by individuals that you retain, such as body shops or contractors, to \'lork on your behalf. Western National may disclose claim information to other insurers or other parties during the handling of claims, during litigation surrounding those claims, or after claims have been resolved to the extent permitted by law. PROTECTING YOUR INFORMATION Western National maintains physical and electronic safeguards to prevent access to your information by people other than Western National employees. Western National continually assesses new technology for protecting information and upgrades its systems \vhen appropriate. * 771is privacy policy applies to all companies within Western National Insurance Group: Western National Mutual Insurance Company Western National Assurance Company Western National Finance Company Ed. U4 U2 COUNCIL / /'('vf 7 7 () ;JV~ - ({J7~:J {0..t Request for Action Originating Department Approved for Agenda Agenda Section Public Works ~2X_f, (I \ By.V \ "-... January 23,2006 Consent Item No. By: Guy Jolmson 6.9 Resolution to accept the curb and sidewalk replacement project for the redevelopment area at Wumetka AvenuelBass Lake Road and to approve the fU1al payment request (improvement project 770) Requested Action Staff recommends that Council approve a motion to accept the curb and sidewalk project along Wumetka and Bass Lake Road for the Wumetka Green redevelopment and authorize fU1al payment to O'Malley Construction Inc. U1 the amount of $28,483.27 for the construction of the new curb and sidewalk. Background One of the city's goals is to pursue the redevelopment of commercial and residential properties within the city. Per Council discussion at a June 21, 2004, ,york session, u1stallation of nevY curbs and sidewalks adjacent to the redevelopment site should be considered and reviewed by staff. On August 9,2004, Council approved the plans and specifications for the replacement of the curbs and sidewalks. A contract was awarded to O'Malley Construction Ine. on September 27, 2004 for the u1stallation of new curb and sidewalk for both the Wumetka Green and Wumetka Townhomes redevelopment projects. The sidewalk work in front of the Wumetka Townhomes was not completed with the project because of delays U1 removu1g the overhead wires and poles by the utility companies. Because of the limited amount of work remau1u1g, staff recommends closing the O'Malley contract out and going out for quotes to complete this section of sidewalk once all of the utilities have been relocated. Both WiImetka A venue and Bass Lake Road are part of the city's state aid road system. The plans and specifications were submitted to the state aid office for review and were approved for state aid fundu1g. Motion bY\//;LLt1? (~~ffl:1i !~ _~ 0- I. /; To: 1././ i( j / ! f:/t1i/ /;I/iJ.." "7. n.. . ;; II " /; ~,~ I 0 {y ~ f Second by Jl ;JL/I~ I: \ RF A \ PUBWORKS \ 2006 \ 770 Sidewalk & Curbs Winnetka & Bass lake Road Final.doc Request for Action January 23,2005 Page 2 Funding The total construction cost for the project was $375,803.69. Staff proposes that state aid road funds be used for this project. Attachments Copies of the resolution, engineer's memorandum recommending the acceptance of the project, and the final pay request are attached. I: \ RF A \ PUBWORKS \ 2006 \ 770 Sidewalk & Curbs Winnetka & Bass Lake Road Final.doc City of New Hope Resolution No. 06- 23 Resolution to accept the curb and sidewalk replacement project for the redevelopment area at Winnetka A venuelBass Lake Road and to approve the final payment request (improvement project 770) WHEREAS, the city has entered into a contract with O'Malley Construction Inc. for a curb and sidewalk replacement project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 770 and approve final payment to O'Malley Construction Inc. in the amount of $28,483.27; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to O'Malley Construction Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the curb and sidewalk replacement project for the redevelopment area at Winnetka A venuelBass Lake Road from O'Malley Construction Inc. 2. That the city manager is hereby directed to authorize the final payment of $28,483.27 to O'Malley Construction Ine. subject to submittals of the required IC-134 Forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 23rd day of January, 2006. -'lAb' tkijb . .'.! \) . .. .. 11 Ii _:I '; , {!~ . J { ------=:> ~ , Mayor Attest: l~~otYcL- City Clerk I:RF A \ Pub works \2006 \ 770 Final Resolution JIlj Bonestroo ~ ~~ Rosene l\J1... Ande~liI< & ~ ", Associates Engineers & Architects 2335 West Highway 36. St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com January 13,2006 Mr Guy Johnson City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Sidewalk Replacement City Project No.. 770; Bonestroo Project No_ 000034-04163-0 Dear Guy, Enclosed find the signed final pay request for the Winnetka Avenue Sidewalk Replacement project With the exception of some punch list items, all work is complete. lhe revised contract amount is for $389,335.23. Final payment is for $28,483.27, bringing the total cost to S375,803.69 or $13,53 L54 (3 Y:z%) under budget. The savings is a result of eliminating the sidewalk installation along Winnetka Avenue, north of Bass Lake Road, from the project This work was eliminated due to interference with Xcel Energy's work involved with the burial of the overhead lines in this area. The contractor for this project does not wish to hold the contract open until this work can be completed. Therefore construction of this section of sidewalk wi!! need to be completed under a separate contract at a later date, We recommend final payment be approved in the amount of$28,483.27_ Payment could be released upon receipt of all necessary IC-134's and completion of outstanding Punch List items_ Please feel free to contact me at 651-604-4938 if you have any questions. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES ~~ Jason Quisberg Enclosures . St. Paul, St. Cloud, Rochester, MN . Milwaukee, WI. Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned 01/27/2005 11:59 5073575139 OMALLEY CONSTRUCTION PAGE 01 it 7 70 [.g)iLfvzu:--;f ~ MINNESOTA Department of Revenue Withholding Affidavit for Contractors THIS Ai-FJPA VlT MU:u Oil Al'PROV!fD fiY 11-1EMlNN1I50TA DEPA10Ml!NT OE' REVENWl j7EFORF. THE STA71l OF MINNESoTA O/l. ANY Ol'rJYSUllDlVlSlON;i CAN MAKE FINAl. J'A YM/INT TO C:OivTRACTons. Ic.13~ ?lmlll9 type or print clearly. This will be your mailing Jabel for relurnlng the completed lorm. Daytime Phono (S07 )~]-!-lS!t,~MlnnaaOla TEl); lI:t S41~/D ~:nS,80.3,(,:I1 I iotal contract AmoUl"lf $_~ MonlhlYear work b 9gan ,do7 U Amount stili Dva $ ~. LfS3 _ MonlhfYaat wor~ e 1ded Project Location Eqs.s .L..c.vQ ~ Address Aue State Check the box ttlat describes your Involvement In the project and fill in all Information requested. Sole Contract:>r Subcontractor Name 0( conlraetor who hired you PrIma CQntnlctOIS -If you SUbcorrtrnOled out any work on this project, an afyouraubcomrac1ors mvst file lhelr own 1C-134 effidaVlll and have them C0rt1fiad by the Department of Revenue beloM you can flIe YOl.lr al'fitl:avlt For each Sl.IbconlraclDr you had, flllll1 the informstlon t>eIC w sne! attack a copy 0.1 each $UDeontraC1Ol"a certified IC'134. If you nMd mOtl;l apace, Iiltlach B separale sheet Elusineas N<lma Address Owner/Officer 1f.'J . 5'M '" PI"~M t AJ,s ,m,'nM4"t~, fYI /J ..ss4 L'f ;:s;,A~ ~ . ,utri.d. M ""61Q ',S"'^ Au;, I!L u,r'~ fa ~ r.w ~D l'~ ~' t;s"r,JI<€ Co 53 ~" Qwun a.;;, It, 3 'I. , I mrJ ~;' ~ c....c..((; . ~ ~ I ~ ~ ~ s mn p-Ie. A\JGl Lp C'e~t~r ~- rnnJ .~{:-~:; (Cf? . "top, :';(. ,to ~ o...j,~ ::.:t. -p'::",.r~:'1\) ~.tt.~ ;:;~ tJ ~:.k t (' 'Lc...l $.1 ~,;t ~1/'fI.S I l..{ CJ<7 c ~..~ U) Y It"" 1" I ~e rlJ 0. j\j _ ~ ~ I declare that all informallun J haVe IiUed In on thl51 torm Ie true and comp'ele to the bsst Of my knowledge and beUet. I authorize the oepart flan! 01 Revenue to dlBCIose er\lmlflt informatfon rela~ng to this proJac~ InClUding sendlng copies 0( this form, to the prime ccnlrllaor If I am a sub :ontractor. Contractor's signature T Date _ U () '. ;-a.o- DivlsiOl1, Mall Etl;ltlon 6610, St Paul MN 5514e-aE31o Certificate of Compliance Bas~ 01"1 raotJrds of the Minnesota Dapartmeflt of ReVQnue, J certify that the eontractor who naa 51gn~dlhls cartiflcale haa fulfilled all tria reqwrements or Mfnnesot!; Statutes 290.92 and 290.97 concernlTl!:! the wlthholding of Minnesota Ineome tax from wal1El5 paid to eml'lol'eiiiil rtlletlng contract services with !he !~IQls of MlnnBllOts an(jJor Its sub!1l1rlSlCl<15. ~~- 2 '1 Dare 0)/25/2005 17:00 5073575139 08/25/2004 ~0:56 6128657559 OMALLEY CONSTRUCTION IBESLANDSCAPING PAGE 02 PAGE: 01 r : i - ! , i Withholding Affidavit r Co.-ractors this affidavit must be approved by the innesota obpartment of Revenue before the state of MinnElsot II or any of Its subdMslons can make final payme1t to contraQtprs. :~~ ~~ cleilr!)'. ~Is d~ ~ ~~ ~'h ~~r ret~,ng 1M completea fOrm, COI'l'ltlllny nama ,~... D!l'tlrne llIlol'll\ M1n11e!l( la 19~ 10 IlUlnber 11_~eS _ fA,s1JJ:~T~~c.. ,I .~1. #'I,:..r..J.r!-!... "~1...~~_~.1:.L.. . ~res.s '1 ~ S . Tt;l\Sl !:Orrt~fl1O\J11\ MQ.nthlJ l;itr 1"9TlI b\lgan IrJI!. 1"~~~_L_.___.1 ..$.:2,l::l1_,':lQ_ ar.L'rIC . .... I CI~ ... ~ ZipC!1de I Amourlt611lldu~ Momn/)~rwor1(en<le\l \.tt,~j,-t!..~~I_~~___.) _~ - f2_~---._P11(')s::.._.--._.--_... _.. j : ProS;Ui/l2~J2P~~L;t I. ~~~1~~~~_~~__r__~ lNA8j"j18- -0$ la:~i4~~ ~ ~* J4H1"pr 7_____._l__._..___,___~:_.,,___.________ HM .~ ~code D~ve emOlO)'lsl worl< on tills pro'1~Ye8 O~O If flO. wtlo ala 1M IIrOMl? . ;;eck th;'bC>>l =~ ;;i:oJWlmQnt III ~;;:;;;;:;;;;I f~-~~' ~~;~;~;~on ~~(:es~:- - .- .... .--- . . o $oM oontractor 'r ' ,it Subcontrllctor i ~ NBme()o~\t~"~~~."...... ......,_....._..... ._~__~_.~_..... ::::.k:M![' l_~~.,~_~€_.~1-1;j ~'" "..~~.~~,1: .."~ o Prtme contrOlCtor-lf ~~ntr2lct.ed out any work on 'thill project, ell of your SLlbcontractl)ts mu: It 11le thl!lir own IC134 lrlfld8Vlts and have thdm certlfled by.the DGoartment of Revenue before YOIJ can file your affi ~avit. for each subcontractor you Md, fill in the InformatlOh below and at1ach 6 copy of fll!ICh 3ubcc'"tractor'3 eertl11ed IC1:a4, If you need mQra SPace. attach a s~parate sheet; ~.!l!\~~-1~rTI!! _ ._.. .,_"."......I.._,,_._._....MQ!_e~ _00____..._. _. . ...... ... . ____.. __ o-er/Clffiee' L I I I --r r i . ---~----.'-i._._...,-'_..-._-- ... ... .-.. --.- ..--------~~ r -to I _ I dec19re mat ~/J lt1rormtl(~1't r M>'e nll/!!'CI T. OIl r#/S fOrm IS 1'lIe 8"(/ complete tQ thtl b!:st or my kn_lfldg!f .lId be/iflf. 1 .!Iutho..,~ ( Ie I:>epl!lrtmel'tt or Revenue'" d/!:l:Iose ~nt IflfMT!aiicn. relating to Chis pktjer:t. 1rrr;ludinl.s~dillg r;1;lfIl!?'s of INs form. to tire pt1me contlaC$r tr I 8m 8 Svll<;OITrrbCtQl', ~ to ;;fIy $ ~ If 111m s prtme!!:OIlt/'ll/:'lof, :md ril me coo(raqlr1g agenCy_ eG--" s gnaturn ,~ij".l ! -._'~"...._._..~~:M-.-. O/~..~~:eO ....". ~~~-~-_.__.'"'"t"----_..--I?-.._..u ..". ... .__.~.._..- MaN t Innesota Revenue. ~ai/ Station 0010, St. Paul, MN 55146-6610 MINNESOTA- REVENUE le134 ~t fJ ! I ! e .! j U9 ! Cartlftcate of Compliance , Based 0 records of tile Minnesota t:ieP3rtment of Re!.1enue, I oertlfy that the contractor who l1as signed thi$ ~ 'tificate has f4.Ilfilled all the r9CIulrements Of Mlnoesdta StaMes 200.92 and 290.97 concernIng ~l'Ie Wltl"mi>IOlng of MinneSOl a income tax from wages paid to em'p~&9~!elatlng fO oontract sel;Vlces with the stm.s of Minnesota and/or Its subdlvl!SI<:lM, .'-"'~".'..~. .. 0911b !It,,,,~ No. SOOO1a4 (~. 2/(3) 01/25/2005 17:00 5073575139 69/20/2eB5 06:e1 5El73576139 oq--q.s OMALLEY CONSTRUCTION CMALL!Y COHSTRUeTION PAGE 03 PAGE el2 I ~:tn ~=r.tl:a aW-' ~Wt~~~~~ R ~ty ~_fUeW-...~o{)f:)--~{)( 'XMltJn Q~r- -alr Ne f" r(1&.~4 d.. DI.,...._~WlIdllll~ f!llt,....,,~ ,,..- .............- - - ~ tn. _ fIGf ~ ~ ~~ lit fht ",.".,.rild (fJ "'., ~1'maIfon ,...,a. ~ .... &lOll...... . =~....$~~~ ~~~~:~,J~~ ~~ = .. . j..p .ue.rd".pf' / mtU $lD<i~ "2 I --- D .... .....-4)91lUbebnlfOllll,i CIIt ~ fill ~ at ofF. IW~~ II _llte I Mil GWI1 c.l3A ~.. _ fhttlt eerfW Dr". of a..wa. ... ~Il ~ RII ~r of >>1fIt.' lM'4lOCh ~''')'QG.~ Pin I!a Il~~ Wt/JW ~ ClflQcIh G ClOpy en tI<<h 11Il.~.ftftl iii &1 Wolf ~ N.d I'IIOrI ~,dlIl:Id1 Q ~... . ....,..,... r r . Adch:at "1~r..~llL- '_.w- r .... -A.. &. ~ I __...... i>6....I-~ L~ A I _.. \"...---. fIT ~..' ~ ~ ~ A ~ 1.---.... . I ~~.I~-.. "=bII."~~i1"''''lfilllr.~'_~I~1 ".".......t ,.......MA~~~~~~~.rIlt/a~Tohi;.._~I'IMJft'_~. ~~~ . , . ~PRESIDENT --. 9-20~0Jii' ~ MlII1IMMN DIpt.llf--, ~ ~ M=II..0410, Sl.~, MN ~..w.o'10 - ..-- c.tIIIe. 01 c....... . -"- ~~==~~2~~!!.~M""atta=Ot.=ha.~~~_;llfltfllq ~-.J.. -L.w - 7y,T...gng .""r::DI!<*InII.~ ~U/.. t "~l" ~.,~~.~ '-mn;~~...'Ifrdt "'dMllw~~ . '''~lolll, !) ~ -- .,.. " ~"""- - - ~.. d., f) (\ ,..~! .P:': ..7. ~II'.~' .""'~~.;), ':". -.:::.~ \" . . '#:""'$4 S,. 1""1 ...,..~~'*'Jb__...IIt..~! 8 2DOS ............. '. " 2:13 :39\ifd lSNm W~~Nns 196E~G~E9L PS:~I 900l/E0/8t 01/25/2005 17:00 507357513'3 OMALLEY CONSTRUCTION PAGE 04 page I. Ot l MINNE.SOTA. REVENUE Contractor's Withholding Affidavit ConfinnatiQn AAA STRIPING SERVICE CO ID 6290097 Please keep this Information for your records. Submit a copy of this page to the business that hired you to receive your final p;~yment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 104056 rue Nov 0114:15:15 CST 2005 CITY OF NEW HOPE SAP 182.020-23 AU9':!st _2005 August 2005 WINNETKA AVE @BASS LAKE RD, NEWHOPE No subcontractors listed. https://www.mndor.state.mn.us/wc/actionlconfirrnationPrint 11/112005 01/25/2005 17:00 5073575139 OMALLEV CONSTRUCTION PAGE 05 rage 1 OJ J. MINNESOTA. REVENUE Contracto"-s Withholding Affidavit Conflnnation CEMENSKY, JOSEPH MICHAEL ID 468949863 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 110554 Tue Jan 24 18:20:24 CST 2006 CllY OF NEW HOPE 182-109-05 May 2005 July 2005 INTERSECTION OF BASS LAKE ROAD, AND WINNETKA AVE IN NEW HOPE MN No subcontractors listed. https:/IMwv.mndor.state.mn.us/wc/action/confirmationPrint 1/24/2006 01/25/2005 17:00 lE 16 ~ .MINNESOTA' REVENUE IC134 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the sUlte of MlnnesoU or any of its subdivisions can make final payment to contractors, .,. ~/t~~!itl; 5073575139 OMALLEY CONSTRUCTION PAGE 05 F>lease type or print clearly. ThIs wm tie your rnelflng label (or returnIng the completed form. ~-----------------, Compeny nerne Deyt/me phone I NIELSEN BLACKTOPPING I (501) 931-6115 I Address I Total contrllct amount I 36180 BOYD DRIVE I I city . Slate Zip Co(7\'; I SAINT PETER MN 56082 ~----------------_/ do I);;" 7'ip fnneso1 g tax 10 number 08f<t!1 nr- MOl'ltlVYt ;!t work bllllan 08/20(15 Mootn/Yllll" work enllea 08/20( 15 $ 63,170.50 Amount stJlI due $ 3158,53 Projed. number Project focatIon NEW HOPE WINNETKA AVE SIDEWALK REPLACEMENT "'lld~ . t::lty -. NEW HOPE Stille -'"ZiPCi500 ... MN 55427 Prole<::t om= ---- Oicl you have eml)Icyee.... wort<: Ol'l thle Prcjeet;' 0Vcl; ONo If no, who did the wotk? Check the box that describes your InVOlvement in the project and fill Tn all infonnatlon req/JJ9Sted. o Sole contractor 121 Subcontractnr Name of contractor who nire~ you O'MALLEY CONSTRUCTION INC. Ad"re$8 35799 241ST AVE. LeCENTER. MN 560S7 o PrIme contractor-lf you suboontracted out any work on 'this project, all of your subcontractors mus t file their own lel34 affidavits and have them certified by the Department of Revenue before you can file your afflllavlt.For each subcontractor you had, fill in the Information below and attach a copy of each subr.ontractor's certifi ed ICl34. If you need more space, attach a separate sheet. BU$lncss n;~lJ1e Addre3S Owner/Officel I deGIBre th;,t an InformatIon I have filled in on tills form is true and COffin/ate to the best Of my knoWledge and b!'J/C!'. I authOrize tJ e Department of RfNBflue t<;J dlsc;lose pertfnerrt In/"ormation relstlnlt to this project. Inc;ludfng sendIng t;l)p/Cs of this form.. to tire Pl'fffiC c;orrtractor If I am a !wlXontractor. end to any suba;mt,ractura If I am a prIme c:nntractor, and to the COntra<:tlng agency. ContraCtor'$ sign~ r-- 1lUs OWNER t Mail station 6610, St. Paul, MN 55146-6610 Date 12/12/2005 Certificate of Compliance Based on reCOrds of the Minnesota ~partment of Revenue, I certify that the contractor who has signed this eel tlficate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the WithholdIng of MinnElsot llncome tax from wages paid to employees J::elatlng to contract services With the state of Minnesota and/or its subdivisions. DePllrtt:;er11 0.' ~cvenue aPl'roval Q~C 2 1 ">Q.05 D8t~, ., I " ..... ,~ Q ~ -4 (~<(~~:~t~::: .t:~~I<;~2I: ,t ... I Stock N~. !lOo0:l.94 {Rev. 2/0i)~ ,~ ..~.~,: '- -I: 01/25/2005 17:00 5073575139 OMALLEY CONSTRUCTION JAN-2S-D6 OS:18PM FROM-COLLINS E~ECTRICAL SYSTEMS INC. 763 535 6961 MINN~SOTA' REVENUE Contractor's Withholding Affidavit Confirmation COL.LINS ELECTRICAL SYSTEMS INC COLl..ISYS ID 8261356 Please keep thIs information for your records. Submit a copy of this page to the business that hired you to re~al" e your final payment. Confirmation number ProjeQt owner Projeot number Proj~ct begin date Project end date Project !()oatlon Subcontractors 110e14 Wed Jan 2515:"1 :42 CST 2008 CITY OF NEW HOPE 770 October 2004 April 2005 WlNNETKAAVENU5, NE'NHOPE, MN No subcontrlac!ors listed. hTtn~' f Iwww mnrlnr.RTate. mn .u.wclactic11l,ontlrmitiOnPmtt PAGE 07 T-353 1'-DOtlOOl F..SS9 li2SI2(I{ 6 -H710 L2~a~ co1fSt1UCtion, Inc. 35799 241 st Avenue, Le Center, MN 56057 Email: omalleyconstruction@frontiernet.net Phone: # 507-357-6330 Fax: #507-357-6139 * Fax * cc: Jason Quisberg Fax: 651-636-1311 From: Lori O'Malley Pages: Re: Project: New Hope Winnetka Avenue Sidewalk Replacement 1/30/2006 Jason, Enclosed are the IC-134 forms which are required for closure of this project. Chris has the punchlist and will be calling you to work out the details for completion of those. Thank you. Lori Page 1 of 1 Leone Valerie From: Johnson Guy Sent: Monday, February 06, 2006 3: 13 PM To: Leone Valerie Subject: RE: O'Malley Yes there is one issue that came up last week. It has to do with Hennepin County's signal light interconnect wire along Bass Lake Road that was stolen last summer. The city hired O'Malley to temporarily remove a portion of the wire in the construction area so that would not be damaged by the multiple contractors working on the site (this is what happened along Winnetka Avenue in 2004). O'Malley in turn subbed the work out to Collisys Electric. They pulled the wire out of the conduit in the construction area and left the spool of wire on the ground, where it was later stolen. The city's insurance carrier denied our claim stating it was our contractor's responsibility. O'Malley's insurance company denied their claim stating it was Collisys's responsibility because they actually did the work. Last week Jason was informed that Collisys was not going to make the repair on their nickel. Mean while Hennepin County wants the city to get someone to make the repair. Since their sub did remove that portion of the interconnect wire last summer as we instructed, I have a call into Steve to see if we can hold O'Malley's last check until this issue is straighten out. The punch list for O'Malley's work has been completed, but this issue was not on the punch list. From: Leone Valerie Sent: Monday, February 06, 2006 2:39 PM To: Johnson Guy Subject: O'Malley I have received the IC-134's from Jason Q for O'Malley - curb & sidewalk project #770. Are there other outstanding issues? I'll wait on communicating with Carol Gass (release of check) until I hear back from you. Valerie Leone, Nevv Hope City Clerk 763-531-5117 phone 763-531-5136 fax ! - J/fb/D(c h7/- / ' .-.I- -#'1/ / I ---to ! ;2/ /O/Uk;.. 2/612006 COUNCIL etlL0Lcc d /:.h REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works November 8, 2004 Consent Item No. By: Guy Johnson By: RESOLUTION APPROVING CHAN<GE R NO.1 FOR THE WINNETKA/BASS LAKE ROAD CURB AND~ ALK REPLACEMENT PROJECT IMPROVEMENT PROJECT NO. 770 6.7 REQUESTED ACTION Staff is recommending that the Council approve Change Order No. 1 to the contract with O'Malley Construction Inc. for the Winnetka/Bass Lake Road curb and sidewalk replacement project, in the amount of $7,693.14. BACKGROUND The original amount of the contract was $342,777.05, and stipulated all new curb and gutter quantities to be sized as B6- 18. This is a six-inch high curb with 18 inches of flat gutter in front of the face of the curb. Portions of the curb and gutter adjacent to the Winnetka Green redevelopment project were a combination of B6-18 and B6-24 size. The county has requested that all existing curb and gutter be replaced with a like size or all B6-24. B6-24 curbs are six inches high with 24 inches of flat gutter in front of the curb face. Staff is recommending that all of the curb and gutter adjacent to the Winnetka Green redevelopment be uniform with a B6-24 size. The replacement curb and gutter in front of Winnetka Townhomes, however, will remain B6-18, as per the original plans. The contractor has submitted a new unit price for the B6-24 curb and gutter changes and has requested a change order to comply with the county's request and staff's recommendation. The unit price for the additional removal, and installation of the required B6-24 curb and gutter has been adjusted to compensate for the extra labor and materials. The unit price for all remaining B6-18 replacement in the project remains unchanged. After reviewing the unit price adjustments, staff and the city engineer agree that the requested compensation is justified. The curb and gutter adjustments require a change order of $7,693.14. FUNDING Both Winnetka Avenue and Bass Lake Road are part of the city's state aid road system. The original plans and specifications were submitted to the state aid office for review and were approved for state aid funding. With the majority of the project being funded with state aid funds, the state aid office was also required to review and approve the change in the unit prices for the B6-24 curb and gutter work. The state aid office has approved the recommended changes and authorized additional state aid funds for the entire amount of the $7,693.14 change order. Staff proposes that state aid road funds be used for this change order. ATTACHMENTS The engineer's recommendation, the change order, and the resolution are attached. MOTION BY lv' --:/? U--Ij/1 '.7 -(./~l/} ,tj7 / SECOND BY 2 ' /.. .1/1/""1 c' / oJ' ., ., C. f ~~-.// f TO: I:RFA\PubWorks\2004\770 Change Order NO.1 RESOLUTION NO. 04 - 188 RESOLUTION APPROVING CHANGE ORDER NO.1 FOR THE CONSTRUCTION OF THE WINNETKAJBASS LAKE ROAD REPLACEMENT CURB AND SIDEWALK IMPROVEMENT PROJECT NO. 770 BE IT RESOLVED by the City Council ofthe City of New Hope that Change Order No.1 in the amount of Seven Thousand Six Hundred and Ninety-three and 14/1 00 Dollars ($7,693.14) to the contract with 0 'Malley Construction, Inc. for the City's Winnetka/Bass Lake Road Replacement Curb and Sidewalk Improvement Project identified as Improvement No. 770 is hereby approved. Change Order No. 1 is necessary to address additional costs required by Hennepin County's request to install B624 instead of B618 concrete curb and gutter adjacent to the Winnetka Green Development as described in the City Engineer's November 1, 2004 letter attached hereto as Exhibit A. This change order is accepted with the understanding said additional cost will be funded by additional state aid funds in the same amount as approved by MnDOT. The Mayor and City Manager are hereby authorized and directed to sign Change Order No.1 permitting this work to occur . Dated the 8th day of November, 2004. ~~ Attest: h Valerie Leone, P:\ATTOR.'lEY'CNH RESOLUTIONSCNH99~ lOmO-OlJ.R.ESO A.PPROVI:NG CHA.'iGE ORDER t~ PROJECT nO.DOC 1 ~ .. 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. . Marvin L. Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. . Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik. P.E. . Richard E. Tumer, P.E. . Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferle, P.E. . Richard W. Foster, P.E. . David O. Loskota. P.E. . Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E.. Mark R. Rolfs, P.E.' David A. Bonestroo, M.B.A.. Sidney P. Williamson, P.E., L.S. . Agnes M. Ring, M.BA . Allan Rick Schmidt, P.E. . Thomas W. Peterson, P.E. . James R. Maland, P.E. . Miles B. Jensen, P.E. . L. Phillip Gravel 111, P.E. . Daniel J. Edgerton, P.E. . Ismael Martinez, P.E.. Thomas A. Sytko, P.E.. Sheldon J. Johnson' Dale A. Grove, P.E.' Thomas A. Roushar, P.E. . Robert J. Devery, P.E. Offices: SI. Paul, SI. Cloud, Rochester and Will mar, MN . Milwaukee, WI . Chicago, IL Website: www.bonestroo.com Engineers & Architects November 1,2004 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: Winnetka Avenue Sidewalk: Replacement, City Project No. 770 Change Order #1 BRAA # 34-04-163 Dear Guy: The plans originally call for B618 concrete curb and gutter for all curb on the project. Hennepin County is requiring that B624 curb be installed along the county roads where this style of curb currently exists. This includes a portion of the curb along Bass Lake Road and the curb along Winnetka Avenue that lies south of Bass Lake Road. To satisfy the County's requirement, the Bid Items involving the curb removal and installation would be deleted and added. The original Bid Items for removal of concrete curb and gutter and B618 concrete curb and gutter, both "standard" and high early strength, were deleted. New Items were introduced for removal ofB618 and B624 concrete curb and gutter and new B618, B624, and B624 high early strength curb and gutter. The contractor has provided new Unit Prices for these items introduced. We have reviewed the prices and they appear to be in line. Being that a portion ofthis project is funded by State Aid, MnDOT is also required to review, and approve, the new unit prices. This approval has been granted with the understanding that the State Aid funds will be used to pay for 100% of the additional cost incurred. Deleted Bid Item quantities were distributed accordingly between the new Bid Items. Given these revisions, the net change in the contract amount is an increase of $7,693.14. It is recommended that the City Council approve the enclosed Change Order #1 in the amount of $7,693.14. This will increase the amount of the contract for the project from $342,777.05 to $350,470.19. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. ~~ Jason Quisberg Enclosure 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 November 15, 2004 O'Malley Construction Inc. 35799 2415t Avenue LeCenter, MN 56057 Subject: Change Order No. 1 - Project No. 770 (Winnetka/Bass Lake Road Curb and Sidewalk Replacement) Enclosed for your records are two fully executed copies for the above-referenced Change Order. Please forward one copy to your bonding company. The change order amount was $7,693.14. This change order was approved by the New Hope City Council at its meeting of November 8,2004. Sincerely, -", _ j7 ~i "'--1 I !2U-bt,iJ[}'J,P-/1L-- . Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA (BRAA #34-03-163) CITY OF NEW HOPE 4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 · www.ci.new-hope.rnn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 JLlj Bonestroo -=- Rosene "t\1I Anderlik & , \J' Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, J\1N 55428 Date Octo her 20, 2004 Contractor: 0 Malley Construction Inc., 35799 241st Ave., LeCenter, MN 56057 Bond No: Bond Company: Granite Re Inc., 10804 Quail Plaza Dr. Ste. 200, Oklahoma City, OK 73120 GRMN22845A CHANGE ORDER NO. 1 \VINNETKA AVENUE SIDEWALK REPLACEMENT S.A.P. 182-020-23 (Winnetka Avenue), S.A.P. 182-109-05 (Bass Lake Road) CLIENT PROJECT NO.770 BRA FILE NO. 34-04-163 Proiect Description This project involves the removal of the existing sidewalks and curb and installation of new, along the portions of Winnetka Avenue and Bass Lake Road which abut the Winnetka Green redevelopment and Winnetka Townhomes projects. Description of Work The original plan called for the removal of existing, and installation of new, B618 concrete curb and gutter for all areas of the project. The existing curb is B624 on Bass Lake Road and Winnetka Avenue, south of Bass Lake Road, and not B618. Hennepin county requires the new curb and gutter to match the type removed. Bid Items need to be added, deleted, or adjusted to compensate for the difference in costs for removal and installation of new. NOTE: This change order is to be fully (100%) funded using State Aid funds. No. I 2 3 4 5 6 7 8 3404163CHO l.xls Item CHA.J~GE ORDER NO.1 (DEDUCT) REMOVE CONCRETE CURB A.!\'D GUITER B618 CONCRETE CURB A..'\TD GUTTER B6 18 CONCRETE CURB A.ND GUTTER HE TOTAL CHA.,~GE ORDER NO.1 (DEDUCT) Contract Unit Unit Quantity Price LF 3040 -S3.90 LF 1422 -S9.50 LF 1738 -S 1 0.00 CHANGE ORDER NO. I (ADD) REMOVE B618 CONCRETE CURB A.'\'D GUITER REMOVE B624 CONCRETE CURB AND GUITER B618 CONCRETE CURB A!\'D GUTTER B624 CONCRETE CURB At'\'D GUITER B624 CONCRETE CURB AND GUITER HE TOTAL CHANGE ORDER NO.1 (ADD) 976 2064 317 1105 1738 LF LF LF LF LF S3.90 S4.90 S9.50 SII.48 S 11.98 TOTAL CH,-\NGE ORDER NO.1 (DEDUCT) TOTAL CHA.1\lGE ORDER NO.1 (ADD) Total CHANGE ORDER NO.1: Total Amount (S 11 ,856.00) (S 13,509.00) (SI7,380.00) ($42,745.00) S3,806.40 S10,113.60 S3,0 11.50 S 12,685.40 S20.821.24 $50,438.14 (S42,745.00) S50.438.14 $7,693.14 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $342,777.05 $0.00 $7,693.14 $350,470.19 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: . Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for [mal Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, A.,.~DERLIK & ASSOCIATES, INC. ::::z--, C27~ Date: v<:-f 2 ~ 07" Approved by Contractor: o MALLEY CONSTRUCTION L'iC ) // II 7 /71 ... , / / 1'--/ I / (..e'.L,,-&{&/~'U Approved by Owner: CITY OF NEWapPE f '7\7 / Affzt~tJ jLI{~(~ / -".-/' ( /1.1" L/ /V I /)~ / / /"i\;(._/) , .l./i/ // ///;//.//. ( /L"/(/( //;/ r{;(?l..c/(:], ~/ . (J/ / . ) ()-;:} 7- (") {:7 I / (7 r-, J I, - d ~u I Date Date For Funding Approval Only MNDOT DISTRICT STATE AID ENGINEER 0, , '\ II III (), &~~.. j. I jf) /:1 C),/'L'l LI Fl.' -7-V If I . Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 3404 I 63CHO 1.xls ~yJ:;;L.-<:I-c.--C -(~ COUNCIL REQUEST FOR ACTION Public Works August 8, 2005 Agenda Section Development & P nn"n Item No. Originating Department Approved for Agenda By: Guy Johnson B RESOLUTION APPROVING CURB 8.3 THE WINNETKA/BASS LAKE ROAD REQUESTED ACTION Staff is recommending that the Council approve Change Order NO.2 to the contract with O'Malley Construction Inc. for the Winnetka/Bass Lake Road curb and sidewalk replacement project, in the amount of $38,865.04. BACKGROUND The original amount of the contract was $342,777.05, for the curb and sidewalk replacement project. During the project it has been necessary to adjust some of the work and correct some issues. Portions of the curb and gutter adjacent to the Winnetka Green redevelopment project were a combination of B6-18 and B6-24 size. The county requested that all existing curb and gutter be replaced with a like size or all B6-24. The city approved Change Order NO.1 last year that increased the contract to $350,470.19, to allow for the installation of B6-24 for the entire project. The contractor has requested a second change order to cover five items that required additional work. The items are: 1. 2. 3. 4. 5. Storm water installation on Bass Lake Road Storm water installation on Elm Grove Avenue Additional excavation Additional removals Additional retaininq wall Total $7,015.64 $8,571.00 $12,152.00 $7,550.00 $3,576.40 $38,865.04 Parts 1, 2, and 3 were completed by the city's contractor to expedite the project and are the responsibility of the developer of Winnetka Green. Part 4 is for remove existing sidewalk and retaining wall and is the responsibility of the city, under the "Development Agreement", to provide a clean site. The additional retaining wall on the west side of the resident's driveway at 5300 Winnetka Avenue was necessary because of where Xcel Energy had to set their new transformer cabinet. The transformer is part of the new buried electrical system Xcel Energy installed along Winnetka Avenue for the city. FUNDING The Winnetka Green developer has agreed to reimburse the city $27,738.64 for Parts 1-3. Staff recommends funding Parts 4 and 5 through the East Winnetka TIF District 03-1 (Special Law). ATTACHMENTS The engineer's recommendation, the change order, and the resolution are attached. MOTION BY jLv~Ci SECOND BY Ik / f. o {i TO: tL I:RFA\PubWorks\2005\770 Change Order NO.2 CITY OF NEW HOPE RESOLUTION NO. 05-103 RESOLUTION APPROVING CHANGE ORDER NO.2 FOR THE WNNETKA/BASS LAKE ROAD CURB AND SIDEWALK REPLACEMENT PROJECT (IMPROVEMENT PROJECT 770) WHEREAS, the city has entered into a contract with O'Malley Construction, Inc. for the replacement of curb and sidewalk along the Winnetka Green and Winnetka Townhomes redevelopment areas; and WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to address existing field situations and conditions; and WHEREAS, to expedite the project, modifications have been made to the approved plans and specifications to address the field situations and conditions; and WHEREAS, the city has received a cost proposal from O'Malley Construction, Inc. to modify the terms of the contract to address these field conditions; and WHEREAS, the city engineer and staff have reviewed the cost proposal from O'Malley Construction, Inc. and find the cost proposal to be appropriate. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves Change Order NO.2 in the amount of $38,865.04. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of August, 2005. i)64 . ./t)~ I O:..--t.i;./J--t. {ag /LC City Clerk 1111 t ~~n , '1 Mayo \.I.r ....... ('-/'."-"",./ \ Attest: I:RFA\Pubworks\2005\770 Change Order NO.2 Resolution n Bonestroo ..:::::. Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com August 1, 2005 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, 1fN 55428 Re: Winnetka Avenue Sidewalk Replacement, City Project No. 770 Change Order #2 BRAA # 34-04-163 Dear Guy: Additional work has been performed under the contract for the Winnetka Avenue Sidewalk Replacement project. For simplification, the extra work has been divided into five parts. Below is a description explaining the work included in the Change Order. Parts 1-3 were tasks that the Winnetka Green's contractor was responsible for. In order to facilitate the coordination of these tasks in the same proximity as the City's curb installation, the work was eliminated from the development's contract and added to the City's contract with O'Malley Construction, Inc. Payment for parts 1-3 will be reimbursed by the Winnetka Green developer. Part 4 will be a City cost. The work is for the removals of existing old sidewalks and retaining walls. The costs for Part 4 are due to the City's responsibility to provide a "clean site" in the development agreement. Part 5, installation of an additional retaining wall, is due to a grade adjustment required to accommodate a new electric transformer installed on the southwest corner of the neighboring development. The following table lists the parts of the change order along with the corresponding costs of each part: Part 1 2 3 4 5 Total Description Sumter Ave Storm Sewer Elm Grove Ave Storm Sewer Additional Excavation Additional Removals Additional Retaining Wall Cost $7,015.64 $8,571.00 $12,152.00 $7,550.00 $3,576.40 $38,865.04 It is recommended that the City Council approve the enclosed Change Order #2 in the amount of $38,865.04. This will increase the amount of the contract for the project to $389,335.23. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INe. ~~ Jason Quisberg Enclosure St. Paul. St. Cloud, Rochester, MN · Milwaukee, WI . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned JL]j Bonestroo IIlI:::. Rosene ~ Anderlik & . \J. Associates Owner: City of New Hope, 4401 Xylon Avenue N., New Hope, MN 55428 Date July 26, 2005 Contractor: O'Malley Construction Inc., 35799 241 st Ave., LeCenter, MN 56057 Bond No: Bond Comoany: Granite Re Inc., ,14001 Quail Plaza Dr., Oklahoma City, OK 73134 GRMN22845A Engineers & Architects CHANGE ORDER NO. 2 WINNETKA AVENUE SIDEWALK REPLACEMENT CLIENT PROJECT NO.770 BRA FILE NO. 000034-04163-0 Proiect Description This project involves the removal of the existing sidewalks and curb and installation of new, along the portions of Winnetka Avenue and Bass Lake Road which abut the Winnetka Green redevelopment and Winnetka Townhomes projects. Description of Work A development project abutting this project was originally responsible for a portion of the work required to construct the curb and sidewalk as designed. A change in the design of a sanitary sewer line eliminated the need for the devloper to perform this work. As a result, the work was perfoffi1ed by the contractor on this project as to facillitate coordination and not cause delays. The work involved includes the relocation of storm sewer at two seperate locations (Parts 1 and 2), additional common excavation (Part 3), and additional sidewalk and retaining wall removal (Part 4). The additional retaining wall (Part 5) was required as a result of the installation of private utilities on the abovementioned developer's site. A transformer was set at an elevation that did not allow the grades behind the new sidewalk to work without the installation of a retaining wall. NOTE: This work is to be funded using State Aid funds. Contract Unit No. Item Unit Quantity Price CHA.NGE ORDER NO.2, PART 1 - SUMTER AVE. STORM SEWER REMOVE CB OR MH EA 2 5514.00 2 REMOVE REINFORCED CONCRETE PIPE (RCP) LF 64 511.26 3 BULKHEAD EXlSTING STORM SEWER EA 1 5446.00 4 REMOVE CB CASTING M'D INSTALL J:\'EW MH EA 1 5781.00 CASTING 5 CON1\TECT TO EXISTING CATCH BASIN EA 1 5770.00 6 RECONSTRUCT~~ERT EA 1 5300.00 7 12" RCP STORM SE\VER LF 24 530.00 8 FURJ:\'lSH At'\'D INSTALL CATCH BASIN EA I 52,250.00 TOTAL CHANGE ORDER NO.2, PART I - SUMTER AVE. STORM SEWER CHANGE ORDER NO.2, PART 2 - ELM GROVE AVE. STORM SEWER 9 REMOVE CB CASTING At"ID INSTALL NEV/ MH EA ] 5781.00 CASTING 10 CONJ:\TECT TO EXISTING CATCH BASIN EA 1 5770.00 11 RECONSTRUCT INVERT EA I 5300.00 12 12" RCP STORM SEWER LF 74 530.00 13 FURNISH M'D INSTALL CB EA 2 52,250.00 TOTAL CHANGE ORDER NO.2, PART 2 - ELM GROVE AVE. STORM SEWER 14 CHANGE ORDER NO. 2, PART 3 - ADDITIONAL EXCAVATION ADDITIONAL EXCA V A TION M'D DISPOSAL CY 784 TOTAL CHANGE ORDER NO.2, PART 3 - ADDITIONAL EXCAVATION 515.50 15 16 CHANGE ORDER NO.2, PART 4 - ADDITIONAL REMOVALS REMOVE RETAINING WALL SF 300 REMOVE BITUMINOUS At'\iTI CONCRETE WALK SF 2000 TOTAL CHANGE ORDER NO.2, PART 4 - ADDITIONAL REMOVALS 53.50 53.25 17 18 CHANGE ORDER NO.2, PART 5 - ADDITIONAL RETAINING WALL ADDITIONAL MOBILIZATION LS I MODULAR BLOCK RETAIN1NG Wi\LL SF 136 TOTAL CHANGE ORDER NO.2, PART 5 - ADDITIONAL RETAINING WALL 5360.00 523.65 3404163CH02.xls Total Amount 5 I ,028.00 5720.64 5446.00 5781.00 5770.00 5300.00 5720.00 52,250.00 $7,015.64 5781.00 5770.00 5300.00 52,220.00 54.500.00 $8,571.00 5 I 2. 152.00 $12,152.00 51,050.00 56.500.00 $7,550.00 5360.00 53,216.40 $3,576.40 No. Item Contract Quantity Unit Price Total Amount 3404 I 63CH02.xls Unit TOTAL CHANGE ORDER NO.2, PART 1 - SUMTER AVE. STORM SEViER TOTAL CHANGE ORDER NO.2, PART 2 - ELM GROVE AVE. STORM SEWER TOTAL CHANGE ORDER NO.2, PART 3 - ADDITIONAL EXCA V ATlON TOTAL CHANGE ORDER NO.2, PART 4 - ADDITIONAL REMOVALS TOTAL CHANGE ORDER NO.2, PART 5 - ADDITIONAL RETAINING WALL TOTAL CHANGE ORDER NO.2: $7,015.64 $8,571.00 $12,152.00 $7,550.00 $3,576.40 $38,865.04 i I I I I Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $342,777.05 $7,693.14 $38,865.04 $389,335.23 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for [mal Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~Od~ Date: g///OS- Approved by Contractor: o IVIALLEY CONSTRUCTION INC f ,} -DAA 1/ ./ (/ //&/~t0 V rfJr~ ,---- i \/ Approved by Owner: CITY O~W HOP~ 1111..' 11 C1lh j' (} IlljtlltU~Jl1~ 'f ~c .)(j ~ '-'(S vV ~ ,r)' ! (/ c..... I a -o~ Date Date For Funding Approval Only MNDOT DISTRICT STATE AID ENGINEER Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 3404] 63CH02.xls August 1 9, 2005 0' Malley Construction Inc. 35799 241 st Avenue LeCenter, MN 56057 Subject: Change Order No.2 - Project No. 770 (Winnetka/Bass Lake Road curb and sidewalk replacement) Enclosed for your records are two fully executed copies for the above-referenced Change Order. Please forward one copy to your bonding company. The change order amount was a $38,865.04. This change order was approved by the New Hope City Council at its meeting of August 8, 2005. Sincerely, '-1ctc') , / . n/U- Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, Assistant City Engineer (BRAA #34-04-163) CITY OF NEW HOPE 4401 Xylon Avenue North. New Hope, Minnesota 55428-4898. wvvvv. ci.new-hope.rnn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136 <> Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS I . jf110....(-vU 'vt c.~~1 GRINNELL MUTUAL REINSURANCE COMPANY 4215 Highway 146 PO Box 790 Grinnell, Iowa 50112-0790 (800) 362-2041 MID TERM CHANGE DECLARATIONS Policy Number: 0000303835 Account Number: 008008751 EFFECTIVE 09/28/04 Agent# 9266 05 - 008 - 86 NOV 1 Z 200f: Named Insured and Mailing Address O/MALLEY CONSTRUCTION INC 35799 241ST AVE LE CENTER 1 MN 56057 Agent Name and Address MADELlA INS CENTER LLC MARK T SHELDON PO BOX 129 MADELlA 1 MN 56062 (507) -642-3216 CO-FILES: 0000308859 Policy Period: From: 04/01/2004 To: 04/01/2005 at 12:01 A.M., Standard Time at your mailing address shown above. Business Description: CURB & SIDEWALK CONTRACTOR IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part $ 480 Commercial General Liability Coverage Part $ 10,004 Commercial Crime Coverage Part $ Commercial Inland Marine Coverage Part $ 3/854 Business Auto Coverage Part $ Garage Coverage Part $ Certified Acts of Terrorism $ REJECTED ANNUAL PREMIUM PREMIUM DUE RETURN PREMIUM FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE:* Refer To Forms Schedule ** MINIMUM PREMIUM $ 14/338 26 *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. "THIS IS NOT A BILL. YOU WILL BE BILLED SEPARATELY ON (/-liR,- 0 </ Countersignature Date '>:J/' 4",,-9 yJ .... Authdfized R'epresentative-- . THIS DECLARl\TIONS AND THE COVERAGE PART DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S), AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY Includes copyrighted material of Insurance Services Office, Inc" \-',Iith its permission. Copyright Insurance Services Office, Inc., 1992 GMRC 1771 (0503) 0000303835 KRL COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS GRINNELL MUTUAL REINSURANCE COMPANY 4215 Highway 146 PO Box 790 Grinnell, Iowa 50112-0790 (800) 362-2041 Policy Number: Account Number: Named Insured: 0000303835 Agem# 9266 05-008-86 O'MALLEY CONSTRUCTION INC 35799 241ST AVE LIMITS OF INSURANCE $ 2,000,000 $ 2,000,000 $ 1.000,000 $ 1.000,000 $ 100,000 $ 5,000 General Aggregate Limit (Other Than Products - Completed operations) Products/Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Legal Liability (Any One Fire) Medical Expense Limit (Any One Person) FORM OF BUSINESS: CORPORATION Business Description: CURB & SIDEWALK CONTRACTOR Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: Premium Rates Advance Premiums Basis Prem./ Prod./ Prem./ Prod./ Classifications Code No. Ops. Compo Ops. Ops. Compo Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $ 7,516 $ 2,488 The premium shown above as TOTAL PREMIUM FOR THIS COVERAGE PART is a deposit premium only. The final earned premium for the period of time insurance coverage is provided by this coverage part shall be determined by audit. See item 5. Premium Audit. in SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS of CG 00 01 for a complete explanation. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule. Countersignature Date Authorized Representative Includes copyrighted material of Insurance Services Office, Inc., \'/ith its permission. Copyright Insurance Services Office, Inc., 1992 GMRC 1772 (0503) KRL COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE GRINNELL MUTUAL REINSURANCE COMPANY 4215 Highway 146 PO Box 790 Grinnell, Iowa 50112-0790 (800) 362-2041 Policy Number: 0000303835 Account Number: Named Insured: 0' MALLEY CONSTRUCTION INC 35799 241ST AVE Agent# 9266 05 008-86 Premium Rates Advance Premiums Basis Prem./ Prod./ Prem./ Prod./ Classifications Code No. Ops. Compo Ops. Ops. Compo Ops. Prems. No. 001 CONTR-EXECUTIVE SUPERVISOR 91580 51206 24.467 INCL 1,253 INCL PRODUCTS COMPLETED OPERA- PAYROLL TIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT Prems. No. 001 CONCRETE CONSTRUCTION 91560 386614 14.388 6.436 5,563 2,488 PAYROLL Prems. No. 001 CONTR PERMANENT YARD 91590 48148 9.349 INCL 450 INCL PRODUCTS COMPLETED OPERA- PAYROLL TIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT Prems. No. 001 CONTR-SUB-REPAIR BLDG-NOC 91585 I F ANY .466 2.476 TOT_l\L COST Prems. No. 001 ADDITIONAL INSURED 49950 5 250 SUBJECT TO GMGL1805 Includes copyrighted material of Insurance Services Office, Inc., ""lith its permission. Copyright Insurance Services Office, Inc., 1992 GMRC 1773 (0503) KRL ADDITIONAL INTEREST SCHEDULE POLICY #0000303835 GRINNELL MUTUAL REINSURANCE CO. ADDITIONAL INSURED O'MALLEY CONSTRUCTION INC 35799 241ST AVE LE CENTER, MN 56057 AGENT: MADELlA INS CENTER LLC # 0500886 ADDITIONAL INSURED BUFFALO BITUMINOUS PO BOX 337 BUFFALO, MN 55313 SUBJECT TO GMGL1805 $50 FLAT CHARGE ADDITIONAL INSURED CITY OF BAYPORT 294 NORTH THIRD ST BAYPORT, MN 55003 SUBJECT TO GMGL1805 $50 FLAT CHARGE ADDITIONAL INSURED CITY OF NEW HOPE 4401 XYLON AVE NORTH NEW HOPE, MN 55428 SUBJECT TO GMGL1805 $50 FLAT CHARGE A~DITIONAL INSURED D M J CORPORATION PO BOX 299 HAMEL, MN 55340-0299 SUBJECT TO GMGL1805 $50 FLAT CHARGE SEE APPROPRIATE ENDORSEMENT GMR C 1 7 8 2 ( 0195 ) ADDITIONAL INTEREST SCHEDULE POLICY #0000303835 GRINNELL MUTUAL REINSURANCE CO. ADDITIONAL INSURED O'MALLEY CONSTRUCTION INC 35799 241ST AVE LE CENTER, MN 56057 AGENT: MADELlA INS CENTER LLC # 0500886 ADDITIONAL INSURED HOWARD R GREEN 2550 UNIVERISTY AVE W STE 400N ST PAUL, MN 55114 SUBJECT TO GMGL1805 $50 FLAT CHARGE SEE APPROPRIATE ENDORSEMENT GMR C 1 7 8 2 ( 0 195 ) Project Manual For Winnetka Avenue Sidewalk Replacement City Project NOe 770 ew Hope, Minnesota File No. 34-04-163 September 2004 Engineers &. Architects J14 Bonestroo -=- Rosene "1\11 Ander/ik & , \J' Associates Engineers & Architects ADDENDUM NO.1 For WINNETKA AVENUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MINNESOTA September 20, 2004 Number of Pages 14 (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4790 - Vince Vander Top, 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 faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 34-04-163 A1-1 ADDENDUM NO.1 SPECtFICATIONS DOCUMENT 00410 - BID FORM 1. Delete this document in its entirety and add the attached REVISED BID FORM. 2. Note: This document was reissued to allow for the following changes: "A. Add Item 17, COMMON EXCAVATION (EV), 1,900 CY to include the removal of existing subgrade material in areas of curb and gutter and pavement replacement, as well as in areas of new pavement. B. Add Item 43, CURB INSULATION BLA.NKET, 1,000 LF. Insulated blankets to be used at the discretion of the Owner. Insulated blankets, if used, will be measured and paid for by the lineal foot and shall include the necessary width to protect the concrete curb and gutter, and concrete sidewalk. C. Add Item 52, SIGNAL SYSTEM MODIFICATION, 1 SIG SYS at a total price of $5,500.00. This dollar amount is to serve as a uniform allowance to cover costs associated with the signal modifications and hand hole relocations. The Contractor will be expected to coordinate this work. Any costs encountered by the Contractor including the Electrical Subcontractor costs shall be paid via this allowance. Mark-up of Subcontractor costs shall be limited to 10 percent by the Contractor." DOCUMENT 00520 - AGREEMENT FORM 1. Page 00520-1, Paragraph 4.02.B. Add the following: "All concrete placement on Winnetka Avenue, south of Bass Lake Road, is . to be completed on or before October 22, 2004. This could be extended by the Owner if weather conditions permit; however, the Contractor should anticipate meeting the October 22 date." 34-04-163 Al-2 ADDENDUM NO.1 DOCUMENT 01100 - SUMMARY 1. Page 01100-1, Paragraph 1.05.B.2. Construction Access - add this section as follows: "2. The adjoining property is undergoing a redevelopment project by Ryland Homes. Access to the adjoining property at 54th Avenue and Winnetka Avenue must be maintained, requiring a 50/50 pour at this location. The second half of the entrance will not be poured until the first half is accessible. An additional 2 construction accesses will need to be coordinated in a similar manner. This will impact sidewalk and curb and gutter construction in those locations. /f DOCUMENT 01500 - TEMPORARY FACILITIES AND CONTROLS 1. Page 01500-3, Paragraph 3.06.A.1. Add this section as follows: "1. Lane closures are anticipated on this Project. Traffic will be maintained on all roads at all times. The layout of the traffic control plan is dependent on the Contractor's approach to the work. The Contractor will submit a traffic control plan to the Owner and Hennepin County for approval./f DOCUMENT 02315 - EXCAVATION AND FILL 1. Page 02315-1, Paragraph 1.05.A.2. Add this section as follows: "2. Common Excavation: Shall be defined as all excavation required to construct the design aggregate and pavement section and curb and gutter./f 2. Page 02315-4, Paragraph 3.08.0. Add this section as follows: "D. A Bid Item has been provided for Common Excavation (EV). Measurement will be by volume of material in its original position, based on cross sections performed by the Engineer, and computed by the average end area method using the original and final cross sections: 1. Common Excavation will be measured and paid for all excavation in areas of new pavement for turn lanes and street widening. 34-04-163 Al-3 ADDENDUM NO.1 2. Common Excavation will be measured and paid for all excavation for the placement of new curb. 3. Areas of curb and gutter will be removed and replaced along the existing alignment. If the existing aggregate base is approved during construction and excavation is not required prior to placing the curb, Common Excavation will not be measured and paid for in those areas. 4. All excavation required for the placement of sidewalk shall be incidental to the unit price for sidewalk. Common Excavation will not be measured and paid." DRAWINGS DRAWINGC8.01 1. Add the attached Standard Detail for Type II Catchbasin Manhole. 2. Replace the Detail for 7' Concrete Sidewalk with the attached Detail for 7' Concrete Sidewalk. lIST OF ATIACHMENTS 1. Document 00410 - REVISED BID FORM. 2. Standard Detail for Type II Catchbasin Manhole. 3. Detail for 7' Concrete Sidewalk. END OF ADDENDUM 34-04-163 AlA ADDENDUM NO.1 . ~. Bonestroo 9 Rosene U Anderlik & ,~, Associates Engineers & Architects BIDDER: DOCUMENT 00410 REVISED BY ADDENDUM NO.1 REVISED BID FORM W1}..TNETKA AVENUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MThTJ\TESOT A BID COpy Bid Opening Time: 10:00 A.M., C.D.S.T. Bid Opening Date: Wednesday, September 22,2004 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4843 1 .0 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform a1l 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 a1l of the terms and conditions ofthe 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 carefu1ly studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of a1l which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar with and is satisfied as to a1l federal, state, and local Laws and Regulations that may affect cost, progress and performance of the work. D. Bidder has carefu1ly studied a1l: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and a1l drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project 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. 3404163BIDFORM.xls REV1SED BY ADDENDUM NO.1 004]0-] (R) REVISED BID FORM 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 Project 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. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information Imown to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. Bidder has given Engineer \\TItten notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the \\TItten resolution thereof by Engineer is acceptable to 1. 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 \\TItten 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 Imowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the O\\11er, 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. 3404 1 63BIDFOR.l\l.xIs RE\1SED BY ADDENDIDl NO.1 00410-2 (R) REVISED BID FORM 5.01 Bidder wil1 complete the work in accordance with the Contract Documents for the following price(s): Al1 specific cash al10wances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Bid Unit Prices have been computed in accordance with paragraph ll.03.B 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 al1 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: MOBILIZA nON LS 1 $ $ 2 REMOVE PAVEMENT MARKINGS LF 2,650 $ $ 3 REMOVE BITUMINOUS CURB LF 370 $ $ 4 REMOVE CONCRETE CURB AND LF 3,040 $ $ GUTTER 5 REMOVE CONCRETE CURB LF 85 $ $ 6 REMOVE RETAINING WALL LF 115 $ $ 7 REMOVE STORM SEWER PIPE LF 25 $ $ 8 REMOVE BITUMINOUS PAVEMENT SY 285 $ $ 9 REMOVE CONCRETE PAVEMENT SY 150 $ $ 10 REMOVE CONCRETE SIDEWALK SY 1,500 $ $ 11 REMOVE CONCRETE DRlVEW A Y SY 775 $ $ PAVEMENT 12 REMOVE STORM STRUCTURE EA 4$ $ 13 SA \\1 CONCRETE PAVEMENT LF 430 $ $ 14 SA W BITUMINOUS PAVEMENT LF 615 $ $ 15 ABANDON MANHOLE EA 5 $ $ 16 ABANDON SANITARY SE\\lER PIPE LF 1,200 $ $ 3404163BIDFORM.xll RE\-1SED BY ADDENDUM NO.1 00410-3 (R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 17 COMMON EXCA V A TION (EV) CY 1,900 $ $ 18 SELECT GRANULAR BORROW (CV) CY 840 $ $ 19 TOPSOIL BORROW (LV) CY 245 $ $ 20 SALVAGE AND RESPREAD TOPSOIL CY 170$ $ (EV) 21 AGGREGA TE BASE, CLASS 5 (CV) CY 685 $ $ 22 CONCRETE PAVEMENT IRREGULAR SY 625 $ $ \V1DTH 8" 23 STRUCTURAL CONCRETE HE CY 140 $ $ 24 TYPE MY 3 WEARING COURSE TN 333 $ $ MIXTURE (B) 25 TYPE MV 3 NON WEARING COURSE TN 552 $ $ MIXTURE (E) 26 TYPE LV 4 BITUMINOUS MIXTURE TN 23 $ $ (B), FOR PATCHING 27 BITUMINOUS MA TERlAL FOR TACK GAL 100 $ $ COAT 28 CONNECT TO EXISTING CATCH EA 1 $ $ BASIN 29 15" RCP STORM SEWER, CLASS 5 LF 50 $ $ 30 CONNECT TO EXISTING PIPE EA 4 $ $ 31 MODULAR BLOCK RETAINING WALL SF 350 $ $ 32 SALVAGE AND REINSTALL EA 2$ $ HYDRANT 33 ADJUST VALVE BOX EA 3 $ $ 34 6" DIP \VATER.MAIN, CLASS 52 LF 45 $ $ 35 ADJUST FRAME AND RING CASTING EA 14 $ $ 36 2' X 3' CB, INCL. R-3067-V CSTG. EA 3 $ $ 37 4' DIA STORM SE\VER CBMH, INCL. R- EA 1 $ $ 3067-V CSTG. 38 4" CONCRETE SIDEWALK SF 9,893 $ $ 39 4" CONCRETE SIDEWALK HE SF 11,807 $ $ 3404163BlDFORM.xls REV1SED BY ADDENDUM NO.1 00410-4 (R) REVISED BID FORM 3404 1 63BIDFOlU,1.xls RE\-lSED BY ADDENDUJ\l NO.1 00410-5 (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.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on ,2004. IfBidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: 3404163 BlDFORM.xls REV1SED BY ADDENDUM NO. I 00410-6 (R) REVISED BID FORM A Partnership A Corporation Partnership Name: By: (Signature of general partner) Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: State of Incorporation: (SEAL) Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORA TE SEAL) (Signature of Corporate Secretary) Business address: Phone No.: Fax No.: 3404163BlDFORM.xls REVISED BY ADDENDUM NO.1 00410-7 (R) REVISED BID FORM A Joint Venture Joint Venture Name: By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: 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 3404163 BlDFORM.xls REVISED BY ADDENDUM NO. I 00410-8 (R) REVISED BID FORM I :: , (0 Varies 12"-1 I [J) Q) .;:: o > rJ -J6".. . (0 I PLAN Varies 4' -0" Typ. 5" p SECTION 24"x36" slab opening for Neenah R3067V or Ess. Bros. 330 high capacity or equal. Install R3290L for driveways and valley gutters. (Vane grate shown) Dimension from back of curb to center of pipe. 4' Dia. MH - 9" in from Back of Curb 5' Dia. MH 3" in from Back of Curb 6' Dia. MH 3" behind Back of Curb 7' Dia. MH 9" behind Back of Curb 8' Dia. MH 15" behind Back of Curb Minimum of 2 maximum of 4 concrete adjustment rings with full bed of mortar between each and a 4" concrete collar on the outside. 6" prfjlcast reinforced concr,ete slab. For 6 dia. manhole, an 8' precast slab is required. Top of barrel section under top slab to have flat top edge sealed with 2 beads of Ramnek or equal. All joints in manhole to have "0" ring rubber gaskets. Precast concrete section Doghouses shall be grouted on both the outside and inside. Manhole steps shall be placed so that offset vertical portion of cone is facing downstream for all lines up to 36"(11 and over. Place steps on right hand side when facing down stream for all lines 36"(11 and over. Minimum slab thickness, 6" for 14' depth. Increase thickness 1" for each 4' of depth greater than 14', and reinforce with 6"x6" 1 0/10 mesh. Grout bottom TYPE \I CA TCHBASIN MANHOLE 3" BIT WEAR 5" BIT BASE r 7.0' EXISTING PAVEMENT OR PAVEMENT PATCH WHERE REQUIRED 4."1 .d 4" CONCRETE SIDEWALK B618 CONCRETE CURB AND GUTTER 9" CLASS 5 ~. .,' ;. ..: ....~ .= .:: : :. . . . :;~,;:';: / ~ ~~:::i:~. \( ;:::.::>::: -;~:~~. ~ :<.~.: ;::,: >< ~ 12" SELECT GRANULAR FACE OF CURB 4" CONCRETE SIDEWALK LIP OF CURB Il ~. 'It : tl: ';4 .!. 3.5' "'~ ' II - . . ~. .. I.f) n 7' CONCRETE SIDEWALK j /1 j Bonestroo R Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architects ADDENDUM NO.3 For WINNETKA AVENUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MINNESOTA September 21, 2004 Number of Pages 3 (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4790 - Vince Vander Top, 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 faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 34-04-163 A3-1 ADDENDUM NO.3 ABANDON SANITARY SEWER PIPE 1. The 1,200 LF of Sanitary Sewer Pipe to be abandoned on Winnetka Avenue is 8" PVC, approximately 8'-12' in depth. . DRAWING C8.02 1. Add the attached Detail for Segmental Retaining Wall. lIST OF ATTACHMENTS 1. Segmental Retaining Wall Detail. END OF ADDENDUM 34-04-163 A3-2 ADDENDUM NO.3 Fully-adhered cap block 1:5 MAX 8ACK SLOPE Retaining wall modular segmental units ........ I '-'" Type 1 Geotextile to be placed on bock side. +' ..c: OJ '(jj ..c Note # 1 o 3: Excavation slope determined by OSHA regulations & in-situ soils (incidental) c OJ '1ii Q) o structure excavation 24" 2j t 4" dia, drainage pipe wrapped In geotextile fabric (Type I) Note # 1 36" Limits of structure excavation NOTES: 1. Backfill to meet 3149.282 Modified to 10% or less passing the 200 sieve 100% must pass the 2" sieve. Bottom of frost pad to be 4' below ground surface. .D.EIAlL SEGMENTAL RETAINING WALL ~ Bonestroo -=- Rosene ~ AnderJik & '\J 1 Associates Engineers & Architects ADDENDUM NO.2 For WINNETKA AVENUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MINNESOTA September 21, 2004 Number of Pages -L (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4790 - Vince Vander Top, 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 faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date A2-1 34-04-163 ADDENDUM NO.2 SPECIFICATIONS DOCUMENT 00410(R) - REVISED BID FORM - REVISED BY ADDENDUM NO.1 1. Page 00410-4 (R). Replace Item 32, SALVAGE AND REINSTALL HYDRANT, 2 EA with the following: 32 REMOVE AND REPLACE HYDRANT 2 EA Where construction plans say "Salvage and Reinstall Existing Hydrant," the Contractor is to remove the existing hydrant and install a new hydrant in the location specified by the Engineer. 2. Make this change on the Revised Bid Form. A new Bid Form will not be issued. DOCUMENT 02225 - REMOVALS 1. Page 02225-6, Paragraph 3.13.B. Delete this section in its entirety. Replace with the following section: \\B. Hydrant: 1. Remove existing hydrant and install new hydrant in locations as shown on the Drawings or as directed by Engineer. 2. Installation of new hydrants shall be performed as described in Section 02510 - Water Main." 2. Page 02225-7, Paragraph 3.16.B.15. Delete this section in its entirety. Replace with the following section: "15. Remove and Replace Hydrant: Measurement will be based on units of each hydrant removed and installed. Payment at the Bid Unit Price shall include removal of the existing hydrant, as well as furnishing and installing the new hydrant, including fiberglass flag." LIST OF ATIACHMENTS 1. None. END OF ADDENDUM A2-2 34-04-163 ADDENDUM NO.2 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer rmder the laws of the State of Minnesota. n--- ?:::/Z:- Vincent T. Vander Top, P.E. Date: September 9,2004 Reg. No. 25770 END OF DOCUMENT 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS WINNETKA AVENUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MINNESOTA 2004 Introductory Information 00005. Professional Certifications 00010. Table of Contents EEO Information Special Provisions Division A Prevailing Wage Statement Prevailing Wage Rates Bidding Requirements 00100. Advertisement for Bids 00200. Instructions to Bidders 00300. Information Available to Bidders 00410. Bid Form Contracting Requirements 00520. Agreement Form 00610. Performance Bond 00615. Payment Bond 00700. EJCDC C-700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800. Supplementary Conditions Specifications Division 1 - General Requirements 01100. Summary 01310. Project Management and Coordination 01400. Quality Requirements 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01700. Execution Requirements 34-04-163 <<:i 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010-1 TABLE OF CONTENTS Specifications Continued... Division 2 - Site Construction 02225. 02230. 02280. 02315. 02318. 02320. 02510. 02630. 02720. 02360. 02740. 02750. 02766. 02770. 02775. 02830. 02920. Removals Site Clearing Adjust Miscellaneous Structures Excavation and Fill Subgrade Preparation Trench Excavation and Backfill Water Main Storm Drainage Aggregate Base Course MnDot Spec. 2360/2350 Combined Plant Mixed Asphalt Pavement Rigid Pavements Pavement Markings Concrete Curb and Gutter Concrete Walks, Medians and Driveways Segmental Retaining Wall System Lawns and Grasses END OF DOCUMENT 34-04-163 i!::i 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010-2 TABLE OF CONTENTS Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 1II0 I 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 or State funded. The source of funding detennines 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 (MnJDOT) 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, 5, 6-7,8-13,14, 15-16,23-24,25-38). The MnlDOT Office of EEO Contract Management monitors and reviews these projects on behalf of the Federal Highway Administration (FHW A), 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 2,3,4,5,8-13,15-16,21-22). MnlDOT's Office ofEEO Contract Management monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statute 363.073 and its accompanying rules. MnlDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that incentive payments are not available on S.A.P. projects, so Form EEO-14 is not applicable to those projects. Please note that Pages 23-37 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for AffIrmative Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Minnesota AffIrmative Action Requirements .............................................. 3 Appropriate Work Place Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Notice to All Prime and Subcontractors: Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Specific Federal Equal Employment Opportunity Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Standard Federal and State Equal Employment Construction Contract Specifications. . . . . . . . . . . . . . . 8 Equal Opportunity Clause ............................................................ 14 Minority and Women Employment Goals Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Sample Summary of Employment Activity, Form EEO-12 ..................................17 Sample Monthly Employment Compliance Report, Form EEO-13 ............................ 19 Economically Disadvantaged Employee (EDE) Incentive Program ............................ 21 Economic Disadvantaged Employee Incentive Report, Form EEO-14 . . . . . . . . . . . . . . . . . . . . . . . . . .22 On-The-Job Training Program: Trainee Assignment .......................................23 Certification of On-the-Job Training Hours: Federal-Aid Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Required Contract Provisions: Federal-Aid Construction Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Required Contract Provisions: Federal-Aid Construction Contracts, Appendix A . . . . . . . . . . . . . . . . . 37 EEO Page 1 EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute 363.073) 1. The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (BEO Page 3), the "Specific Federal Equal Employment opportunity Responsibilities" (BEO Pages 6-7), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 8-13), the "Equal Opportunity Clause" (EEO Pages 14) and "Required Contract Provisions - Federal-Aid Construction Contracts" (BEO Pages 25-38). 2. The goals and timetables for minority and women participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 15-16). These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, or 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 363.073 and Minnesota Rules Part 5000.3520 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 projects, and Minnesota Statute 363.073, and Minnesota Rules Part 5000.3540 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 Statute 363.073 and Minnesota Rules Part 5000.3520 for state or state-assisted projects. Compliance \vith the goals will be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of any construction subcontract in excess of $1 0,000 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, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 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 Office of EEO Contract Management EEO Special Provisions Revised 11/0 I MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS 1. It is hereby agreed between the parties to this contract that Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 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 Statute 363.073 and Minnesota Rules, Parts 5000.3400 to 5000.3600. 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 ofhislher Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2-3). 3. Under the affIrmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section 363.073, 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 payor 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 Human 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 payor 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 363.073 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, Army Corps of Engineers Centre, 190 E. 5th Street, Suite 700, St. Paul, Minnesota 55101. (612) 296-5663, TTY 296-1283, Toll Free 1-800-657 -3704. 6. 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 363.073 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 3 EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management APPROPRIATE WORK PLACE BEHAVIOR ON MnJDOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (Mn/DOT' s) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mn/DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT 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 discriminatorv 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 ofthe 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 ofrace, 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 Mn/DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT'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 EEO Contract Management Office at (612) 297-1376. EEO Page 4 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 1110 I NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS 1. In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statute 363.073, all prime contractors and subcontractors are required to complete a MnJDOT Employment Compliance Report in accordance with weekly payroll periods, and submit those forms each month for each project (Form EEO-13, sample copy at EEO Pages 19-20.) Prime contractors are also required to complete a Contractor Employment Data (Form EEO-12, sample copy at EEO Pages 17-18) upon award of their first MnJDOT project, and only once per calendar year. The prime contractor of each project collects Employment Compliance Reports from each subcontractor who performed work during the month, and completes Employment Compliance Reports on its own work force. The prime contractor submits the EEO-13 forms to the Mn/DOT Project Engineer by the 15th 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 MnJDOT to implement monitoring measures on each proj ect 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 MnlDOT documentation of its "good faith efforts" as shown in EEO Pages 9-12, at 7 a-p of this contract. 2. The Economic Disadvantaged Employee Incentive Report (Form EEO-14, sample copy at EEO Page 22) is used only with State projects (designated by State Project (S.P.) numbers) for claiming incentive reimbursement on projects which have exceeded their state goals for minority and women employment. A completed form should be mailed to Michael A. Garza, Director, EEO Contract Management Office, Minnesota Department of Transportation, M.S. 170,395 John Ireland Boulevard, St. Paul, Mn 55155, at the conclusion of the project. 3. 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 to the Project Engineer at the preconstruction conference, and shall supply a copy to the Contract Compliance Specialist (CCS) assigned to the project. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 4. 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 CCS assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when applicant is approved. 5. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On- The-Job Training Hours form, (MnIDOT 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 MnlDOT Office of EEO Contract Management will provide these forms upon request. Please call the Office of EEO Contract Management, (612) 297-1376. EEO Page 5 EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management 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 S 1 0,000 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 S 1 0,000 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 payor other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, 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 EEO Page 6 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. 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 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 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11101 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (con't) 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 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 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, qualifying, 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 the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such EEO Page 7 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. 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 nonminority 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 "Training Special Provision", the contractor will be required to furnish Form FHW A 1409. EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute 363.073) Unless noted, the following apply to both Federallfederally assisted projects and State/state assisted projects. Item 3 applies to Federallfederally assisted projects only. 1. 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 94l. 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. 3. 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 [0], Minnesota Rules EEO Page 8 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised JI/O I STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 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 EEO Contract Management. 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 363.073 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 (0): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort tomaintain, 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 9 EEO Special Provisions Revised ll/O I Minnesota Department of Transportation Office of EEO Contract Management STANDARD FEDERAL AND STATE EEO CONSTRUCTION (h) CONTRACT SPECIFICATIONS (con't) 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 women off-the-street applicant and minority or women 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 therefor 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). (t) 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 10 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised I I/O I STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (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 11 EEO Special Provisions Revised 11/01 Minnesota Department of Transportation Office of EEO Contract Management STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (n) Ensure that all facilities and company activities are nonsegregated 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.) (0) 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(0) 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)-( 0) 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 anyone or more of its obligations under 7(a) to (P) or 4(a) to (0) 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 reflected 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 363.073, 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 12 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 1110 1 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 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 363.073. 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 363.073, 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 363.073, 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 363.073 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 13 EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management 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 (FHW A) 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 (FHW A) 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 14 Minnesota Department of Transportation Office of EEO Contract Management Special Provisions Revised 11/0 I Minority and Women Employment Goals Federal Goals State Goals - County Minority Women Total Minority Goal (or) Women Goal Goal Skilled I Unskilled Goal Aitkin 2.2% 6.9% 3.9% 9.4% Anoka 2.9% 6.9% 6.7% I 7.3% 9.4% Becker 0.7% 6.9% 2.5% 9.4% Beltrami 2.0% 6.9% 10.2% 9.4% Benton 0.5% 6.9% 1.4% 9.4% Big Stone 2.2% 6.9% 2.2% 9.4% Blue Earth 2.2% 6.9% 2.2% 9.4% Brown 2.2% 6.9% 2.2% 9.4% Carlton 1.2% 6.9% 3.9% 9.4% Carver 2.9% 6.9% 6.7% I 7.3% 9.4% Cass 2.2% 6.9% 2.6% 9.4% Chippewa 2.2% 6.9% 2.2% 9.4% Chi sago 2.9% 6.9% 2.9% 9.4% Clay 0.7% 6.9% 2.5% 9.4% Clearwater 2.0% 6.9% 10.2% 9.4% Cook 1.2% 6.9% 3.9% 9.4% Cottonwood 0.8% 6.9% 1.8% 9.4% Crow Wing 2.2% 6.9% 2.6% 9.4% Dakota 2.9% 6.9% 6.7% I 7.3% 9.4% Dodge 0.9% 6.9% 1.9% 9.4% Douglas 2.2% 6.9% 2.5% 9.4% Faribault 2.2% 6.9% 2.2% 9.4% Fillmore 0.9% 6.9% 1.9% 9.4% Freeborn 0.9% 6.9% 1.9% 9.4% Goodhue 2.2% 6.9% 2.2% 9.4% Grant 2.2% 6.9% 2.5% 9.4% Hennepin 2.9% 6.9% 8.6% but ill iv/pis: 17.7% I 9.5% but ill Mpls: 19.8% 9.4% Houston 0.6% 6.9% 1.9% 9.4% Hubbard 2.0% 6.9% 10.2% 9.4% Isanti 2.2% 6.9% 2.2% 9.4% I tasca 1.2% 6.9% 3.9% 9.4% Jackson 0.8% 6.9% 1.8% 9.4% Kanabec 2.2% 6.9% 2.2% 9.4% Kandiyohi 2.2% 6.9% 2.2% 9.4% Kittson 2.0% 6.9% 2.7% 9.4% Koochiching 1.2% 6.9% 3.9% 9.4% Lac Qui Parle 2.2% 6.9% 2.2% 9.4% Lake 1.2% 6.9% 3.9% 9.4% Lake of the Woods 2.0% 6.9% 10.2% 9.4% Le Sueur 2.2% 6.9% 2.2% 9.4% Lincoln 0.8% 6.9% 1.8% 9.4% Lyon 0.8% 6.9% 1.8% 9.4% EEO Page 15 EEO Special Provisions Revised IlIO I Minnesota Department of Transportation Office of EEO Contract Management Federal Goals State Goals County Minority Women Total Minority Goal (or) Women Goal Goal Skilled I Unskilled Goal Mahnomen 2.0% 6.9% 10.2% 9.4% Marshall 2.0% 6.9% 2.7% 9.4% Martin 2.2% 6.9% 2.2% 9.4% McLeod 2.2% 6.9% 2.2% 9.4% Meeker 2.2% 6.9% 2.2% 9.4% Mille Lacs 2.2% 6.9% 2.2% 9.4% Morrison 2.2% 6.9% 2.6% 9.4% Mower 0.9% 6.9% 1.9% 9.4% Murray 0.8% 6.9% 1.8% 9.4% Nicollet 2.2% 6.9% 2.2% 9.4% Nobles 0.8% 6.9% 1.8% .9.4% Norman 2.0% 6.9% 2.7% 9.4% Olmsted 1.4% 6.9% 1.9% 9.4% Otter Tail 2.2% 6.9% 2.5% 9.4% Pennington 2.0% 6.9% 2.7% 9.4% Pine 2.2% 6.9% 2.2% 9.4% Pipestone 0.8% 6.9% 1.8% 9.4% Polk 1.2% 6.9% 2.7% 9.4% Pope 2.2% 6.9% 2.5% 9.4% Ramsey 2.9% 6.9% 8.1 % but in St Paul: 14.3% I 9.0% but in St Paul: 15.4% 9.4% Red Lake 2.0% 6.9% 2.7% 9.4% Redwood 0.8% 6.9% 1.8% 9.4% Renville 2.2% 6.9% 2.2% 9.4% Rice 2.2% 6.9% 2.2% 9.4% Rock 0.8% 6.9% 1.8% 9.4% Roseau 2.0% 6.9% 2.7% 9.4% Scott 2.9% 6.9% 6.7% I 7.3% 9.4% Sherburne 0.5% 6.9% 1.4% 9.4% Sibley 2.2% 6.9% 2.2% 9.4% St. Louis 1.0% 6.9% 3.9% 9.4% Stearns 0.5% 6.9% 1.4% 9.4% Steele 0.9% 6.9% 1.9% 9.4% Stevens 2.2% 6.9% 2.5% 9.4% Swift 2.2% 6.9% 2.2% 9.4% Todd 2.2% 6.9% 2.6% 9.4% Traverse 2.2% 6.9% 2.5% 9.4% Wabasha 0.9% 6.9% 1.9% 9.4% Wadena 2.2% 6.9% 2.6% 9.4% Waseca 2.2% 6.9% 2.2% 9.4% Washington 2.9% 6.9% 6.7% I 7.3% 9.4% Watonwan 2.2% 6.9% 2.2% 9.4% Wilkin 0.7% 6.9% 2.5% 9.4% Winona 0.6% 6.9% 1.9% 9.4% Wright 2.9% 6.9% 2.9% 9.4% Yellow Medicine 2.2% 6.9% 2.2% 9.4% EEO Page 16 WNNNNNNNNNN - \OOO-:JO\Ul+::-.WN- N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ VI ~ W ~ ~ p . ~ ~ "'~ z; '" - a =- "S? ~ L"::;' .... ~ :; = Z = c; ~ - '" - Q ..(5 0 ~ ~ 9~ ;j" Q g ~ ? ~ :s,g :: fS ~ ~ $ Q (5 ~ 3::: r:J("):3 - :: 0 r:: -z~= ~~fI'"t- a ~ Q "3:::.... a5--3 I;;) '" .., a oa ~ '" a = " '" a"t:l Q .., ..... ~ i:ol C/'; :t ~ ~ U"J " ~. .:; :;;, " - ':<z ~" ("':l :; :l'; Q 3~ ~ " .., i:ol t': ..... ~ Q m .., g- Z n" i:ol ~" :3 r:: i:ol -.0' = 3:::0 Q. oQ > ;g. Q. ~.., Q. .., r:: '" '" U"J 05..:;; ~ ~ <: .., tn.~ Q Q. '" - ~:;j' '" Q :: :: '" '" tr.l :: !; . '" '>tr.l . ~ .'- b S; ~ d- ,., m 9 IV ;::: " :" 2> .., '< g ~ " i a. '" ~ .... << ;; cF. V;' g ~ ~ '< " '" .... ~ e ~ ;; " c:.. is i :: ~ ~ :: F EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management INSTRUCTIONS FOR EEO-12 CONTRACTORE~LOYMlliNTDATA This form should be submitted at the Pre-Con to the Project Engine~r prior to the start of your fIrst MnIDOT construction project for the calendar year. 1. Contractor Name and Address self-explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed Last Name, First Name, and Middle Initial. This will enable MnlDOT 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. ManalZers self-explanatory. List the specific 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 Mn/DOT Trainee. If you have questions about filling out this form, contact the Office of EEO Contract Management at (651) 282-6026. (Please make copies as you need them.) This information can be submitted electronically via the web, on disk, or e-mail. To fInd out more about this possibility please call MnIDOT's Office of EEO Contact Management at (651) 282-6026. If you have submitted this form at any time during this calendar year, you do not need to submit another one. t;l 9 w ;::: " :" -- o ;:::,.. ... ... ... ... ... ... - - - ~ - - ;::; - - ~ ;= :-' '" ~ f'- ,.. t" :-' :-' ~ f'- ,.. t" :-' ~ ;= :-' ~ f'- t" ? 12(") ~ zo l"lZ U"J"" ~ ::R~~::R~~ [ eeee.,> >(") :EC:::CIl3:::C'J"" 0 :;: '" ~ :: "'" _. 0 C'J '" - 0-' -'" =~=5>O ~ ~QS g~~a.~:: :3 (;' ~ 6.. '< ~ ~ "::l r:: Q ~ - s-s,E" c ~ g ~ ~ 0 - ~ ~ ~. ..~ E; 0] > 12 ~ .... "'l ~(j(j::- l"l ~ Q Q = 0 0= a!:: ~~~;t:. I ..... _ .... ,..... -= ...: f"'t- f..H =: t=; I:: ...... (IIII!o. ..... =:;:.-3 r:; ., <":> :: :: ~; ~ <":>(f:;"::l "::l r:: Q :: = "'l . ... .... (IIII!o. r:: ..." = ::;. .... -. Q = .:::.. r!' ~ CIl " " <= ... q "" t" ~ :- g ~ q- ~ is CIl S-. " > ... ." r- 0 .. ." q- ~. .:;. 1 .. " <2: G " " !2 ... ;; 6 3~ " g - - ,-. =-:: '":l ~ ;;) "'l 2. .:: ~ " " "::l q - ... " C. 0' ie ~ ';'; C'l --- " " (j ... = ct:l ~~ g cr.' ... ::s .... '" "'l ~ :: ~ l"l CIl .... ~.o Q "'l " . Z :! ::;' g. So :: ... .. :3 '8 y:~ r:: '" i::-= :: g ~ !?.. = = ~ ~ ::; c. ~ g > ~~ Q. Q. "'l :: - r:: - '" = '" =-:: :::e ~ ~ " ~~ g < :-r" '" ~ f'- rr ::!1 5i ~ ." .... " " -~ ... 2.-- c. ....; '" ::cn- 0' a ., == ..; ';'; > co =. ::., = g ; --- C"l ~ a C"l ct:l g a. ;J :: cr.' :: 06 iaS~ '" ~-:: f tj"ll =- =- ..... ; :; ~ iii' ~ '8 ::'=:E :; '" s' ~ & g =-?r c.. EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management INSTRUCTIONS FOR EEO-13 E~LOYMENTCO~LIANCEREPORT 1.-5. Self-explanatory, (Reporting Period should coincide with weekly Certified Payrolls). 6. Percent of Completion is the estimated percentage of work completed including this reporting period. 7. Emplovrnent Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self-explanatory. 7c. 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. 7d. Ethnicitv can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), AsianlPacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f. Trade/Foreman. Supervisors. ManaQ;ers list the specific trade that applies unless employee fits one of the other three categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT Trainee. 7h. Hours Worked for This Period \vill be all hours worked by the individual, for each trade, during the reporting period. 8. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of$lOO,OOO with any State funding must meet the State Employment Goals. (See chart on EEO Pages 15-16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the proj ect. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 10. Prepared by Contractor Designee is the signature of the prime or subcontractor's EEG officer/designee. 11. Reviewed bv Proiect EnlZineer is the signature of the Mn/DOT staff monitoring the project. If you have questions about filling out this form, contact the Office of EEO Contract Management at (651) 282-6026. (This information should be recorded weekly, but only has to be submitted monthly. Please make copies as you need them.) This information can be submitted electronically via the web, on disk, or e-mail. To find out more about this possibility please call MnlDOT's Office of EEO Contact Management at (651) 282-6026. EEO Page 20 Minnesota Department of Transportation Office of EEO Contract Management Special Provisions Revised 11/01 ECONOMICALLY DISADVANTAGED E~LOYEE (EDE) INCENTIVE PROGRAM When the Contractor or subcontractor on a State Project (S.P.) has met the goals for minority and female participation as set forth in the "Notice of Requirement for AffIrmative Action to ensure Equal Employment Opportunity" contained in the Proposal for the Project (EEO Page 2), hours of minority employment in excess of the minimum required to meet the goal will be reimbursed at the rate of $2.00 per hour. Hours of employment of qualified and certified economically disadvantaged employees shall be added to the excess minority hours to calculate the total reimbursement. Monies otherwise due the contractor will be adjusted to incorporate the reimbursement. This program is not available for State-Aid Projects. For purposes of this provision, economically disadvantaged is defmed as being a member of a household whose household income is less than the poverty guideline. The poverty income guidelines for all Minnesota counties are as follows (2001 Poverty Guidelines): Familv Size Aggregate Income Familv Size A1H!re~ate Income 1 $8,590 6 $23,690 2 $11,610 7 $26,710 3 $14,630 8 $29,730 4 $17,650 9 $30,450 5 $20,670 10 $33,250 No employee who is utilized by the Contractor to comply with the minimum requirements for affirmative action hereunder shall qualify for the incentive payment. The Contractor will be required to certify that each economically disadvantaged employee for whom an incentive payment is sought meets the criteria set forth herein at the time of hire. Recruitment resources for economically disadvantaged employees (EDE) are listed below: 1. Council on Black Minnesotans 3. Minnesota Indian Mfairs Council 2233 University Avenue West 1450 Energy Park Drive Suite 426 Wright Building Room 140 West St. Paul, J\.1N 55114 St. Paul, J\.1N 55108 Tel: 651-642-0811 Tel: 651-643-3032 Fax: 651-643-3580 Fax: 651-643-3077 2. Council on Asian-Pacific Minnesotans 200 University Avenue West, Suite 100 St. Paul, J\.1N 55103 Tel: 651-296-0538 Fax: 651-297-8735 4. Chicano Latino Affairs Council 555 Park Street Suite 408 St. Paul, J\.1N 55103 Tel: 651-296-9587 Fax: 651-297-1297 EEO Page 21 Minnesota Department of Transportation S.P.lS.A.P. No: County EEO Contract Management Office rCity: ECONOMIC DISADVANTAGED EMPLOYEE Month: ,19 INCENTIVE REPORT - Contractor: Address: o Prime Contractor o Subcontractor - Job Categories Total Hours by EDEs N ames of Economic Disadvantaged OfficialslManagers Employees (ED E): Supervisors I. ForemenIWomen 2. Clerical 3. Equipment Operators 4. Mechanics 5. Truck drivers 6. Ironworkers 7. Carpenters 8. Cement Masons 9. Electricians 10. Pipefitters, Plumbers 11. Painters 12. Laborers 13. 14. Total 15. AFFIDAVIT I, , being first duly sworn, do depose and say: 1. That I am the authorized representative of: (Name of individual, partnership or corporation) and that I have the authority to make this Affidavit for and on behalf of said Contractor; 2. That the Economic Disadvantaged Employee (EDE) incentive hours listed were performed by qualified EDE's. 3. That I have fully informed myself regarding the accuracy of the statements made in this Affidavit. Signed: Subscribed and sworn to before me this Contractor or Authorized Representative (Date) day of .19_. Notary Public My commission expires: ,19 CONTRACT GOALS For MnlDOT use only l'vllNNESOTA % OBTAINED % MINORITY % o Compliance (Or) o Non-compliance % Skilled % % Unskilled % o Process Payment 9.4 % WOMEN % (Approved by) (Date) EEO - 14 Rev 6/98 EEO Page 22 ~(~\~tlESo_'4 ~ l ~ 3 ~ ~~ r:,,# OF n>J'~ MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF EEO CONTRACT MANAGEMENT ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT EEO-5 4/97 SP #: Location: District: Project Engineer: Phone: ( Prime Contractor: Phone: ( Address: City: State: Zip: EEO Officer: Project Manager: Tel: Training Contractor: Phone: ( ) Address: City: State: Zip: EEO Officer: Proj ect Manager: Tel: TRAINEE Job Title or Trade Classification: Number of Training Hours on this Project: Name: S.S.#: Address: Phone: ( City: EEO Officer: State: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? DYes DNo If YES, verify with Apprenticeship Form or Indenture Number: I. Ethnic Background: Hispanic Black: ; Asian/Pacific Islander White Am. Ind/Alaskan _ (Verify with Tribal I.D. # or Affiliation ). 2. Male; Female; EEO Page 23 MnlDOT 21860 (4-77) MINNESOTA DEPARTMENT OF TRANSPORTATION O~CEOFEEOCONTRACTMJu~AGEMENT EEO-6 4/97 CERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL-AID-PROJECTS Contractor: submit original and one copy monthly to the project engineer CONTRACTOR REPORTING PERlOD ADDRESS S.P. NO. (LOW) F.P.NO. TRAINEE HOURS WORKED HOURS WORKED TOTAL HOURS PREVIOUSLY THIS PERlOD TO DATE Amount of Claim hours @ PER HOUR = $ 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 COMMENTS: EEO Page 24 Minnesota Department of Transportation Office of EEO Contract Management Special Provisions Revised 11/0 I REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Form-1273 (52 FR 36920, October 2, 1987, revised October 21, 1993, FHW A Electronic Version March 10, 1994) I. General. . . . . . . . . . . . . . . . . . . . . . . . . II. Nondiscrimination... . . . . . . . . . . . . . . III. Nonsegregated Facilities. . . . . . . . . . . . IV. Payment of Predetermined Minimum Wage.......................... . V. Statements and Payrolls ............ VI. Record of Materials, Supplies, and Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . VII. Subletting or Assigning the Contract .. VIII. Safety: Accident Prevention. . . . . . . . . IX. False Statements Concerning Highway Projects ......................... X. Implementation of Clean Air Act and Federal Water Pollution Control Act .. XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. . . . . . . . . . . . . . . . . . . . . . . . . XII. Certification Regarding Use of Contract Funds for Lobbying. . . . . . . . . . . . . . . . Appendix A ............................ I. GENERAL Page EEO-25 EEO-25 EEO-29 EEO-29 EEO-32 EEO-33 EEO-33 EEO-34 EEO-34 EEO-35 EEO-35 EEO-37 EEO-38 1. 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. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1,2,3,4, and 7; Section V, paragraphs 1 and 2a through 2g. EEO Page 25 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub- contractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIlVIINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employ- ment 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 and 41 CFR 60) 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 Equal Opportunity Construction Contract Specifi- cations set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 ~ gg,.) 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 ofEEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor \vill accept as his operating policy the following statement: EEO Special Provisions Revised 11/01 Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) "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 payor 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 SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO 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 \vill 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. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 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 minority group employees. 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. EEO Page 26 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 minority groups 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 minority group applicants. To meet this requirement, the contractor will 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. b. 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 EEO contract provisions. (The DOL has held that where 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. Information and procedures with regard to referring minority group 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. b. The contractor will periodically evaluate the spread of wages paid within each 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. Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/0 I REQUIRED CONTRACT PROVISIONS (con't) d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. Ifthe 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 his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, 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 a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. 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. 7. Unions: If the 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 \vithin 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 employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO 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, national origin, age or disability. EEO Page 27 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 SHA 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, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL 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 the contractor from meeting the obligations pursuant to Executive Order 11246 as amended and these special provisions, such contractor' shall imrne~ diately notify the SHA. 8. 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. a. The contractor shall notify all potential sub- contractors and suppliers of his /her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. 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 completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives ofthe SHA and the FHW A. a. The records kept by the contractor shall document the following: EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) (1) The number of minority and non-minority group members and women employed in each work classifi- cation on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (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 DBE subcontractors or subcon- tractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration ofthe 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 special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $ I 0,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facili es provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will EEO Page 28 obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$ 1 0,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMIl'lED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 D.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHW A-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 D.S.C. 276a) on behalf oflaborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose ofthis Section, 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 paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/0 I REQUIRED CONTRACT PROVISIONS (con't) worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class oflaborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IV.4(c), when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (ifknown) to be employed in the additional classification 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 DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administra- tor, 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. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional 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. Said 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 EEO Page 29 that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a 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 stan- c1areis 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. 4. Apprentices and Trainees (Programs of the U.S. DOL): a. Apprentices: (1) 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 DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/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 Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees 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 employee 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 listed in 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 EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor 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-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) 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 joumeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions ofthe apprentice- ship 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. Ifthe Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) 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 DOL, Employment and Training Administration. (2) The ratio of trainees to joumeyman-Ievel employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage ofthe journeyman-level hourly rate specified in the applicable wage EEO Page 30 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-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor 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. c. Helpers: Helpers will be permitted to work on a proj ect if the helper classification is specified and defined on the applica- ble wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. 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 \vith 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 estab- lished 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. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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, as 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 Minnesota Department of Transportation Office ofEEO Contract Management EEO Special Provisions Revised 11/0 I REQUIRED CONTRACT PROVISIONS (con't) 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 SHA contracting officer 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. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, me- chanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor shall 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, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies 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 8 above. EEO Page 31 v. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR3): The contractor shall comply with the Copeland Regula- tions of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found 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 and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially possible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all ofthe information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such 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 eamed, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. 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 "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.c. 1001 and 31 U.S.c. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHW A, or the DOL, 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 SHA, the FHW A, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to EEO Page 32 submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AL"ID LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHW A-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHW A-47, and in the units shown on Form FHW A-47. c. Fumish, upon the completion of the contract, to the SHA resident engineer on Form FHW A-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTmG OR ASSIGNING THE CONTR\CT I. 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 State. 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). a. "Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or agent of the prime contractor. Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 1110 I REQUIRED CONTRACT PROVISIONS (con't) 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 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 VII 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 own organizational resources (supervision, management, and engineering services) as the SHA 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 SHA 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 SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 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 SHA 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 hislher 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 Stan- dards Act (40 V.S.C. 333). EEO Page 33 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 Stan- dards Act (40 V.S.C. 333). IX. FALSE STATEMENTS CONCERi'fING IDGH- WAY PROJECTS 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, the following notice 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: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 V.S.c. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, 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 repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work peiformed or to be performed, or materials furnished or to be fitrnished, in connection with the constnlction of any highway or related project approved by the Secretary of Transportation; or Whoever IalOwingly 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; EEO Special Provisions Revised 1110 I Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) Shall befined not more that $10,000 or imprisoned not more than 5 years or both. /I X. IlVlPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 00,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: I. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.c. 1857 ill ~., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.c. 1251 ill ~., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EP A) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance \vith all the requirements of Section 114 of the Clean Air Act and Section 308 ofthe Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EP A, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EP A List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the govemment may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARivIENT, SUSPENSION, INELIGIBILITY A.l~DVOLUNTARY EXCLUSION I. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. EEO Page 34 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 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 into this transaction. However, failure of the prospective primary 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 department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may termi- nate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary 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," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary 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 primary 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 Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/0 I REQUIRED CONTRACT PROVISIONS (con 't) 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. 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. 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 termi- nate this transaction for cause or default. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Cov- ered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement 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, orreceiving stolen proper- ty; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (F ederal, State or local) with commission of any of the EEO Page 35 offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary 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 Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) 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 of 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," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 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. EEO Special Provisions Revised 11/0 I Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) 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. g. A participation 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 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 e 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 Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction 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. EEO Page 36 XII. CERTIFICATION REGARDING USE OF CON- TRACT FUNDS FORLOBBYL~G (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 instruc- tions. 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 D.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 his or her bid or proposal that he or she 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. STATE FUNDED CONTRACTS SPECIAL PROVISIONS DIVISION A A-I PREAMBLE It is in the public interest that the public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on the public works be compensated according to the real value of the services they perform. Therefore, the City of Mounds View will administer this Contract according to the provisions set forth in Minn. Stat. 99177.41-177.44 and 6 MCAR 5200.1120. A-2 MINIMUM WAGE RATES 1. The minimum hourly rates of wages required to be paid to the various laborers and mechanics employed by the CONTRACTOR and the subcontractors in the construction work on the contract shall be an amount equal to the sum of the basic hourly rate plus applicable fringe benefits as certified by the Minnesota Department of Labor and the Industry for State funded Construction projects. 2. "Prevailing wage rate" means the hourly bask rate of pay plus the contribution for health and welfare benefits, vacation benefit, pension benefits, and any other economic benefit. Minn. Stat. 9 177.42, subd. 6. 3. The laborer or mechanic must be paid at least the prevailing wage rate in the same or most similar trade or occupation in the area as provided by the Commissioner of labor and Industry Master Job Classification. Minn. Stat. 9 177.44, subd. 3 and 4 4. If a construction project extends into more than one area, there shall be only one standard of hours oflabor and wage rates for the entire project. Minn. Stat. 9 177.44, subds.4. 5. The City of Mounds View shall apply classifications oflabor, as listed under 6 MCAR 5200.1100 - Master Job Classifications. Under Standard Specifications for Construction 1906, the City shall withhold such amounts as may be needed to protect the Department's interest in consideration of charges or assessments against the CONTRACTOR, whether arising from this contract or any other contract with the City. 6. The wage determination(s) contained in the contract and MnDOT's poster titled "Notice to Workers" Tp-02126-03) must be kept posted on the project work site by the CONTRACTOR in at least one conspicuous place for the information of all the employees working on the project. Minn. Stat. 9 177.44, subd. 5. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. I-A SPECIAL PROVISIONS -DIVISION A 7. APPRENTICE A. Establishment of wage rates. Apprentices working on state projects are not subject to the prevailing wage rate determination, except as they may be affected by registered apprenticeship agreements. The hourly rates of pay for such workers are established by the particular program to which the apprentice or trainee is subject. 6 MCAR 5200.1070, subp.1. B. The term "apprentice" means: i) A person employed and registered in a bona fide apprenticeship program registered with the U.S. Department of Labor or with the state apprentice agency, and ii) A person in the first 90 days of probationary employment as an apprentice who is not registered in the program but who has been certified by the U. S. Bureau of Apprenticeship and Training or state apprenticeship agency or council to be eligible for a probationary employment as an apprentice. (Emphasis added) 6 MCAR 5200.1070, subp. 2. C. Any employee listed on a payroll for a state project that does not fall within the term "apprentice" defined above shall be paid the prevailing wage rate for the classification of work performed. A-3 PREVAILING HOURS OF LABOR 1. The prevailing hours of labor may not be more than eight hours per day or more than 40 hours per week. Minn. Stat. S 177.42, subd. 4. 2. "Hourly basic rate" means the hourly wage paid to any employee. w\inn. Stat. S 177.42, subd. 5. 3. Employees may not be allowed or required to work longer than the prevailing hours of labor unless the employee is paid for all hours more than the prevailing hours at a rate of at least 1 1/2 times the hourly basic rate of pay. Minn. Stat. S 177.44, subd.1. A-4 STATEMENTS AND PAYROLLS 1. The CONTRACTOR and all subcontractors shall provide information, based on the CONTRACTOR's employee payment schedule, to the Project ENGINEER. Minn. Stat. S 177.44, subd.1. 2. The CONTRACTOR and all subcontractors may provide the following types of payroll information to the Commissioner of Transportation to satisfy this requirement. Payroll information need not include all the listed infoTInation below, but failure to provide the listed information may delay payment of funds or result in additional inquires: A. The employee's full name, address, and social security number. The employee's address and social security number need only appear on the first payroll on which their name appears. B. The employee's classification as defined under 5200.1100 Master Job Classifications. 34..04-163 <<:i 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 2-A SPECIAL PROVISIONS -DMSION A C. Entries showing the employee's basic hourly wage rate, including any fringe benefits amounts paid in cash. The payroll should show separately the amounts contributed on behalf of the employee to "bona fide" fringe benefit funds and/or programs. D. The employee's daily and weekly hours worked in each classification, including overtime hours worked. E. The itemized deductions made; and F. The net wages paid. 3. The CONTRACTOR and subcontractor shall submit, along with the payroll information, statement specifying that the individual signing the statement attests that the information on the payrolls is true and correct. The statement shall specify that the willful falsification of any information on the payroll may result in civil or criminal prosecution. CONTRACTORs may attach to the payroll MnDOT's form 216S8(a). 4. The City of Mounds View, the Minnesota Department of Transportation, or the Minnesota Department of Labor and Industry may examine all CONTRACTOR and subcontractor records related to hours of work and the wages paid to laborers and mechanics working on the project. Minn. Stat. S 177.44, subd. 7. The City of Mounds View, Mn/DOT, or the Minnesota Department of Labor and Industry may interview CONTRACTOR and subcontractor employees during work hours on the project. 5. The City of Mounds View shall require adherence to the state prevailing wage law. As such, the City will withhold funds sufficient to protect the City's interest in the implementation of these Special Provisions against the CONTRACTORs as provided for under Section 1906, Standard Specification for Construction. Minn. Stat. S 177.44, Subd. 7. NOTICE The City will administer this Contract in accordance with the provisions set forth in Minnesota Statutes Section 177.44, subdivision 4, and the provisions and wage rates set forth in the Certified Prevailing Wages for Highway and Heavy Construction in the Bid Form for this Contract. The work required by this Contract may be in more than one county. Wage determinations for all pertinent counties are included in the Bid Form, and the following shall apply: If a Contract for road or bridge construction commences in one county and uninterrupted ends in another, the highest wage rate shown for each labor code and class in anyone county wage determination contained in the Bid Form shall govern for all work on the entire Contract regardless of the county in which each type of work is performed. or, If a Contract such as guardrail, turn lanes, signing, lighting, bridge repair, or similar 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 3-A SPECIAL PROVISIONS -DMSION A construction has work in two or more counties, but none of the work is continuous and uninterrupted across a county line, the wage rate for each labor code and class shall be paid for the work performed in each county. It shall be the CONTRACTOR's responsibility to determine the proper wage rates to be paid for each class of work on this Contract. PREVAILING WAGE STATEMENT A recent unpublished decision of the Minnesota Court of Appeals, affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on State Highway projects on a case-by-case basis. International Union of Operation Engineers, Local 49 vs. Minn. Dept. of Transportation, et. aI., Court of Appeals Case No. C6-97- 1582, also see, Minn. Stat. SS 177.43 and 177.44 (1996). The City will enforce the Minnesota Prevailing Wage Law in a manner consistent with the court of Appeal's decision notwithstanding any prior notices on this subject. A copy of the Court of Appeal's decision is available to anyone who is interested in reviewing it. Please call Charles Groshens, Labor Compliance Unit at (615) 297-5716 to receive a copy. PREV AILING WAGE STATEMENT II On June 18,2001, the Minnesota Department of Labor and Industry (MnL&I) published in the State Register a notice of modification and adoption of the rules as published in the State Register, Volume 25, Number 14, Pages 772-778, October 2,2000, (25 SR 772). The rules were promulgated under the Minnesota Administrative Procedures Act, Minn. Stat. Chap. 14, and affect all projects funded in whole or part with state monies that are advertised for bid 5 working days after the publication date. The rules give guidance on the application of the State Prevailing Wage Statue, Minn. Stat. S 177.41 to 177.44, as it applies to CONTRACTOR's labors and mechanics working at off-site facilities, truck drivers performing hauling activities for state funded projects, and the calculation and application of truck rental rates. The truck rental rates, when certified by the MnL&I, will take effect on state funded projects advertised after the rates are published in the State Register. MnDOT will incorporate the truck rental rates into the appropriate contracts when published after they have been published in the State Register. Copies of the rules can be received by contacting the MnL&I, Labor Standards, Erik Oelker, at (6751)2296-6452 or MnDOT, Labor Compliance Office, Charles Groshens, at (651) 297-5716. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 4-A SPECIAL PROVISIONS -DNISION A COVERAGE OF PREY All..ING WAGE LAW UNDER MINNESOTA STATUTES, SECTIONS 177.41 TO 177.44. Subpart 1. In general. For pmposes of parts 5200.1105 and 5200.11 06 and Minnesota Statutes, sections 177.41 to 177.44,the prevailing wage rate which, for the pmpose of all public works highway projects funded in whole or in part by state funds only, includes truck rental rates, must be paid for work under the contract. Subp. 2. Work under the contract A. Except as provided in subpart 4, work under the contract means all construction activities associated with the public works project, including any required hauling activities on the site of or to or from a public works project and work conducted pursuant to a contract as defined by item B, regardless of whether the construction activity or work is performed by the prime contractor, subcontractor, trucking broker, trucking firms, independent contractor, or employee or agent of any of the foregoing entities, and regardless of which entity or person hires or contracts with another. The term "work under a contract" has the same meaning. B. "Contract" means the written instrument containing the consideration and the terms of agreement between the prime contractor and the contracting agency for the construction of all or a part of: (1) a highway pursuant to Minnesota Statutes, sections 161.32 and 177.44; (2) a public works project pursuant to Minnesota Statutes, section 177.43 and chapter 16B; or (3) any public building or public works financed in whole or in part with state funds pursuant to Minnesota Statutes, sections 177.41 to 177.44. Contract includes project proposals, plans, and specifications, and all requirements for labor, equipment, and materials found in such proposals, plans, and specifications. C. "Prime contractor" means an individual or business entity that enters into a contract as defined in item B with the contracting agency. D. "Contractor" means an individual or business entity that is engaged in construction or construction service-related activities including trucking activities either directly or indirectly through a contract as defined by item B, or by subcontract with the prime contractor, or by a further subcontract with any other person or business entity performing work under the contract. Subp.3. Work considered to be under a contract. Without limiting the application of parts 5200.1105 and 5200.1106 to other situations, the following are considered to be work under the contract. A. Work performed by employees of a contractor or subcontractor that operates an asphalt or concrete plant, that was moved into a gravel pit, borrow pit, or other location not on the project, primarily to serve public works projects is considered work under the contract including the contractor's employees loading the equipment hoppers with materials obtained from the pit regardless of whether the pit meets the definition of commercial establishment. B. The following hauling activities are included in hours worked and considered work under the contract for pmposes of payment of prevailing wages and payment of the truck rental rate: (1) the hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the trucks leave the work site at some point; Page I of6 (2) the delivery of materials from any facility that does not meet the requirements of a commercial establishment to the project and the return haul to the starting location either empty or loaded; (3) the delivery of materials from another construction project site to the public works project and the return haul empty or loaded is considered work under the contract. Construction projects are not considered a commercial establishment; (4) the hauling required to remove any materials from the public works project to a location off the project site and the return haul if empty or ifloaded from other than a commercial establishment; (5) the delivery of materials or products by trucks hired by a contractor, subcontractor, or agent thereof, from a commercial establishment; and (6) delivery of sand, gravel, or rock, by or for a commercial establishment, which is deposited "substantially in place," either directly or through spreaders from the transporting vehicles is work under the contract. In addition, the return haul to the off-site facility empty or loaded is also considered work under the contract. Subp.4. Work not considered to be under a contract. Without limiting the application of parts 5200.1105 and 5200.1106 to other situations, the following work is not considered to be work under a contract: A. the processing or manufacturing of materials or products by or for a commercial establishment; B. the work performed by employees of the owner or lessee of a gravel pit or borrow pit that is a commercial establishment and that performs work in conjunction with a public works project by adding value to the sand, gravel, or rock contained in or delivered to the pit through the use of screening, washing, or crushing machines. This applies even if the machines are portable. This does not include the employees described in subpart 3, item A; C. the delivery of processed or manufactured goods to a public works project by the employees of a commercial establishment including truck owner-operators hired by and paid by the commercial establishment, unless it is the delivery of mineral aggregate that is incorporated into the work under the contract by depositing the material substantially in place; or D. multiple site hauling operations include secondary hauling activities in addition to the hauling of materials on and off the public works project in order to complete the truck's round trip haul. The hauling of materials or products between these secondary off-site facilities as part of a multiple site hauling operation is not considered work under the contract as long as the time spent hauling between the secondary sites is properly documented in the trucking records and the time spent hauling on and off the project is properly compensated as required in subpart 3. Subp. 5. Commercial establishment, exce ptions, definitions. For purposes of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44, the following terms have the meanings listed. A. "Laborer or mechanic" means a worker in a construction industry labor class identified in or pursuant to part 5200.1100. B. "Mineral aggregate" is sand, gravel, or crushed stone or rock, or earthen material suitable for roadway development, or mixtures of these naturally occurring substances with recycled materials, suitable for the base or shoulder of a highway or heavy project used to compose the shoulder, or support bituminous or concrete pavement, or used as a final gravel road surface. Mineral aggregate specifically does not include screenings, slag, riprap, recycled concrete and bituminous materials, ready-mix concrete, bituminous concrete, asphalt, mastic, mortar, plaster, macadam, and other similar processed or manufactured materials or Page 2 of6 products. Additionally, mineral aggregate does not include materials such as clay, topsoil, fill, dirt, silt, boulders, wall stone, loam, gumbo, loess, peat, muck, hardpan, or other similar soils or rrrixed earth. C. "Incorporated into the work under the contract by depositing the material substantially in place" means the 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. As used in this part, "depositing substantially in place" has the same meaning. D. To be a "fixed place of business, " a commercial establishment must serve the government project from a location from which it served the public prior to and at the time of advertisement of the public works contract and that has sufficient utilities and equipment to serve the public upon demand. E. "Regularly supply" includes supply by a commercial establishment that is closed on a seasonal basis. F. The determination of whether a facility is a "commercial establishment" is made on a location-by- location basis and on a product-by-product basis, not on a business wide basis. For purposes of parts 5200.1000 to 5200.1120 and Minnesota Statutes, sections 177.41 to 177.44, production of mineral aggregate is considered production of one product. Construction projects are not considered commercial establishments. A "commercial establishment" is a business entity that has not set up at the location from which deliveries are made primarily to serve public works projects and, prior to and at the time of advertisement of the public works contract, it: (1) owned or leased the land on which it operates; (2) possessed business records indicating that sales from the location from which deliveries are made are for other than the contracting agency's public works contracts; (3) advertised the availability of material for sale to the general public from the location and had facilities available for effecting sales at the location; and (4) has acquired all necessary permits to operate from the location, and met all legal obligations of state and local regulations to excavate soils, sand, gravel, or rock for the purpose of receiving something of value for the product. Subp. 6. Prohibited payment practices. The contractor, subcontractor, trucking broker, or other person making payment to an employee laborer, mechanic, worker, or truck owner-operator may not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid. Subp.7. Trucking defmitions. The following terms have the meanings given them for the purpose of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44. A. "Independent truck owner-operator" is 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. In addition, an owner and operator of a vehicle that is licensed and registered as a truck, tractor, or truck-tractor by a governmental motor vehicle regulatory agency is an independent contractor, not an employee, only if each of the following factors are significantly present: (1) the individual, partnership, or corporation owns the equipment or holds it under a lease arrangement; (2) the individual, partnership, or corporation is responsible for the maintenance of the equipment; Page 3 of6 (3) the individual, partnership, or corporation bears the principal burden of the operating costs, including fuel, repairs, supplies, vehicle insurance, and personal expenses while on the road, but not including brokerage fees; (4) the owner drives the equipment; (5) the owner determines the details and means of performing the services in conformance with regulatory requirements, operating procedures, and specifications of the entity with which the individual or corporation contracts; and (6) the individual or corporation enters into a legally binding agreement that specifies the relationship to be that of an independent contractor and not that of an employee. B. "Trucking firm" is any legal business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects. C. "Trucking broker" is an individual or business entity, the activities of which include, but are not limited to: (1) contracting to provide trucking services in the construction industry to users of such services; (2) contracting to obtain such services from providers of trucking services; (3) dispatching the providers of the services to do work as required by the users of the services; (4) receiving payment from the users in consideration of the trucking services provided; and (5) making payment to the providers for the services. D. "Own" and "operate" have the following meanings and apply to independent truck owner- operators and trucking firms. The notation "truck owner-operator" for the purposes of this part will apply to both the independent owner-operator and trucking firms unless otherwise defined: (1) "Own" means to have a legal and rightful title to the vehicle or to have an approved lease on the vehicle. (2) "Operate" means the owner either physically drives the vehicle or hires another to physically drive the vehicle but maintains the right to direct the day-to-day operations of the vehicle. . Subp. 8. Trucking provisions. A. Independent truck owner-operators or the owner-driver of a trucking firm are not required to be paid the truck rental rate for: (1) time spent repairing or maintaining, or waiting to repair or maintain, the truck owner-operator's equipment, except that repair, maintenance, or time spent waiting to load or unload which is attributable to the fault of the broker, contractor, agent thereof, or an employee of such entities, must be included in the hours worked and paid the hourly truck rental rate; and (2) time spent correcting work that was not performed according to the prime contract that can be directly attributed to the negligence of the truck owner-operator. B. Employees of a trucking firm must always receive the appropriate prevailing wage rate for any work performed under the contract. Page 40f6 C. The owner of a trucking firm may either drive the vehicles or hire employees to drive the vehicles. If the owner drives the vehicle, then the truck hire is subject to the truck rental rates. If the owner hires an employee to drive the vehicle, the truck hire is subject to the truck rental rates and the employee driver is subject to the appropriate prevailing wage rate. These provisions apply regardless of who owns any trailer being pulled by the truck. Subp.9. Required records. A. Upon agreement of a contractor or trucking broker with an independent truck owner-operator to perform work under the contract, the contractor or broker must keep the following records for a period of at least six years following the payment for services: (1) name, address, and social security number of the truck owner-operator; (2) name, address, and phone number of the truck owner-operator's business and federal tax identification number; (3) time period covered by the agreement between the t:ru:;k owner-operator and the broker or contractor; (4) date and amount of each payment to the truck owner-operator, and for each payment: (a) number of hours the truck owner-operator performed work under the contract, not including hours excluded under subpart 7; (b) type of trucking equipment used for each job by the truck owner-operator and ifleased, the name and address of the individual or business entity which owns the equipment; (c) type of services performed; (d) hourly truck rental rate used to calculate the minimum payment due; and ( e) an itemization of any deductions from the gross amount payable to the truck owner-operator; (5) a copy of the owner's certificate of insurance; and (6) a copy of the vehicle/truck registration. The contractor or broker must also keep the same records for owner-drivers of trucking firms working on the public works project unless the owner-drivers' information is submitted along with the employee information to a contracting agency as listed under subpart 10. B. Records required to be kept by item A and other similar records necessary to determine compliance with Minnesota Statutes, sections 177.41 to 177.44, as determined by the commissioner of the department of transportation or the department of labor and industry, must be provided upon request accompanied by a certification form approved by the requesting department. Subp. 10. Required employee records. Records pertaining to the proper payment of employees including, but not limited to, fringe benefit documentation, time cards, payroll ledgers, check registers, and canceled checks will be made available on request from the department for further review to detenni11e if the employee was paid according to this part and Minnesota Statutes, sections 177.41 to 177.44. If the commissioner of the department of transportation or the department of labor and industry requests any or all of the following information, the contractor, subcontractor, or trucking firm shall submit the following information to the department together with any certification forms approved by the requesting department: Page 5 of6 A. name, address, and social security number of the employee; B. the classification of work performed defined by part 5200.1100, master job classification; C. the hours worked per day and per week; D. legal deductions made from the employee's check; E. contract information regarding the public works projects worked on by the employee; F. hourly rate of pay, including any fringe benefit information deemed necessary to determine if the proper prevailing wage rate was paid; G. project gross amount earned; H. weekly gross and net amount of payroll check; or 1. in the case of the owner-driver, information described in items A to E shall be submitted along with the hourly truck rental rate paid to the owner-driver. Subp.l1. Effective Date. Parts 5200.1105 and 5200.1106 are effective June 25, 2001. Part 5200.1106 is effective for all projects as described in part 5200.1106, subpart 2, item B, that are advertised for bid on and after June 25, 2001. The new truck rental rates to be issued under part 5200.1105 are effective for all projects as described in part 5200.1106, subpart 2, item B, that are advertised on and after the publication in the State Register of the notice of certification of the truck rental rates. STAT AUTH: MS s 175.171; 177.41 to 177.44 HIST: 25 SR 1942 Current as of 08/17/01 Page 6 of6 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS W TillS 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 II DAKOTA-19 II HENNEPIN-27 II RAMSEY -62 II SCOTT -70 · W ASHINGTON-82 Effective: 2003-10-06 Revised: 2003-12-02 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 (11/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building John Ireland Blvd St. Paul, MN 55155 (651) 297-5716 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.PrevW age@state.mn.us 04/05/04 LABOR CODE AND CLASS EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 101 LABORER, CO:MMON (GEN LABOR 2003-10-06 22.79 7.66 30.45 WRK) 2004-05-01 23.59 8.26 31.85 102 LABORER,SKILLED-ASST CRFT 2003-10-06 22.79 7.66 30.45 JRNYMN 2004-05-01 23.59 8.26 31.85 103 LABORER, LANDSCAPING 2003-10-06 13.74 5.70 19.44 2004-05-01 14.74 5.70 20.44 104 FLAGPERSON 2003-10-06 22.79 7.66 30.45 2004-05-01 23.59 8.26 31.85 105 W A TCHPERSON 2003-10-06 19.39 7.11 26.50 2004-05-01 20.19 7.71 27.90 106 BLASTER 2003-10-06 25.79 7.66 33.45 2004-05-01 26.59 8.26 34.85 107 PIPELA YER (WATER, SEWER & GAS) 2003-10-06 24.29 7.66 31.95 2004-05-01 25.09 8.26 33.35 108 TUNNEL:MINER 2003-10-06 23.49 7.66 31.15 2004-05-01 24.29 8.26 32.55 109 UNDRGRND & OPEN DITCH LABOR 2003-10-06 23.49 7.66 31.15 (8') 2004-05-01 24.29 8.26 32.55 GROUP 1 2003-10-06 2004-05-01 26.97 27.57 9.35 10.35 36.32 37.92 201 HELICOPTER PILOT 04/05/04 2 202 CRANE,OVER 135' BOOM,WITHOUT JIB 203 DRGLN/SMLR,SHVL CNTRLS,3 CU YDS+ 204 PILE DRIVING,WITH 3 DRUMS IN USE 205 TOWER CRANE GROUP 2 2003-10-06 26.42 9.35 35.77 2004-05-01 27.02 10.35 37.37 206 CABLEW A Y 207 CONCRETE MIXER,STATIONARY PLANT 208 DERRICK-GUY,STFLEG,PWR,SKD,IMMOV 209 DRGLN/SMLR/SHVL CNTRLS,TO 3 CYDS 210 DRDGE OR ENGINEERJPOWER&ENGINEER 211 FRONT END LOADER,5 CU YDS & OVER 212 GRADER OR MOTOR PATROL 213 LOCOMOTIVE CRANE OPERATOR 214 MIXR-PA VING,ROADMOLE,CONW A Y/SMLR 216 TRACTOR - BOOM TYPE 217 TRACTOR CRANE - CRAWLER CRANE 218 TUGBOAT, 100 H.P. AND OVER GROUP 3 2003-10-06 26.24 9.35 35.59 2004-05-01 26.84 10.35 37.19 219 DUAL TRACTOR 220 ELEVATING GRADER 221 PUMPCRETE 222 SCRAPER,32 CU YDS AND OVER 223 SELF PROPELLED SOIL STABILIZER GROUP 4 2003-10-06 26.12 9.35 35.47 2004-05-01 26.72 10.35 37.07 224 AIR TRACK ROCK DRilL 225 ASPHALT BITUMINOUS STABLZR PLANT 226 AUTOMATIC ROAD MACHINE(CJ\1I/SMLR) 227 BACKFilLER OPERATOR 228 CONCRETE BATCH PLANT 229 BITUMINOUS ROLLER,8 TONS OR MORE 04/05/04 3 230 BITU1v1INOUS SPREADER,FINISH (PWR) 231 CAT TRACTORS W/ROCK WAGONS/SMLR 232 CHIP HARVESTER AND TREE CUTTER 233 CONCRETE MIXER ON JOB SITE 234 CONCRETE MOBIL 235 CRUSH,W ASH,SCREEN GRAVEL PLANT 236 CURB MACHINE 237 DOPE MACHINE (PIPELINE) 238 DRILL RIGS (ROTARY, CHAIN, CABLE) 239 FORK LIFT OR STRADDLE CARRIER 240 FORK LIFT OR LUMBER STACKER 241 FRONT END LOADER OVER 1 CU YD 242 HOIST ENGINEER (POWER) 243 HYDRAULIC TREE PLANTER 244 LAUNCHER, TANKER PERSON,PILOT LIC 245 LOCOMOTIVE 246 MECHANlC WELDER 247 :MILL,GRIND,AND PLANE MACHINE 248 MULTIPLE MACHINESIWELD,GENS,PUMP 249 PAVE BRKR,TAMP (PWR),:MIGHTY:MITE 250 PICKUP SWEEP W HOPPER OF 1 CUYD+ 251 PIPELINE WRAP, CLEAN, BEND MACHINE 252 PWR PLANT ENGINEER, 100 KWH + 253 PWR HORIZONTAL BORING MACH 6" + 254 PUG:MILL 255 RUBBER TIRE TRACTOR,BIHOE ATTACH 256 SCRAPER UP TO 32 CUBIC YARDS 257 SKID LDR,lCUYD+ & BACKHOE ATIACH 258 SLIP FORM (POWER DRIVEN)(PA VING) 259 TIE TAMPER AND BALLAST MACHINE 260 TRACTOR, BULLDOZER 261 TRENCHING MACH (SEWER,W ATER,GAS) 262 WELL POINT INSTALLATION GROUP 5 2003-10-06 2004-05-01 23.08 23.68 9.35 10.35 04/05/04 32.43 34.03 4 263 AIR COMPRESSOR, 600 CFM OR OVER 264 BITUMINOUS ROLLER UNDER 8 TONS 265 CNCRTE DSTRB/SPRDIFNSH,FLOAT,JNT 266 CNCRTE SAW W MULT BLADE,PWR OPER 267 FORM TRENCH DIGGER, POWER OPER 268 FRONT END LOADER UPTO INCL 1CUYD 269 GUNITE GUNALL 270 HYDRAULIC LOG SPLITTER 271 LOADER-BARBER GREENE OR SIMILAR 272 POST HOLE DRlVING MACHINE/AUGER 273 POWER AUGER AND BORING MACHINE 274 POWER ACTUATED JACK 275 PUMP 276 SELF PROP CHIP SPRDR(FLAHERTY) 277 SHEEP FOOT COMP ACTRlBLADE,200HP+ 278 SHOULDER MACH W SAND/CHIP SPRDR 279 STUMP CHIPPER AND TREE CHIPPER 280 TREE F A.R1\1ER (MACHINE) 281 BTIvINUS SPRDRlFINSH MACH OPRlHLPR GROUP 6 9.35 10.35 2003-10-06 2004-05-01 21.87 22.47 282 CONVEYOR 283 DREDGE DECK HAND 284 FIRE PERSON OR TANK CAR HEATER 285 GRVL SCRN PLNT -PORT,NOCRUSH/W ASH 286 GREASER (TRUCK OR TRACTOR) 287 LEVER PERSON 288 OILR-SHVL,CRANE,DLINE,CRUSH,MILL 289 POWER SWEEPER 290 ROLLER ON GRA VEL CO:rv1P ACTION 291 SELF PROPELLED VIBRATING PACKER 292 SHEEP FOOT ROLLER 293 TRACTOR, WHEEL TYPE, OVER 50 H.P. 294 TRUCK CRANE OILER 04/05/04 31.22 32.82 5 GROUP 1 2003-10-06 22.40 7.00 29.40 2004-05-01 23.20 7.50 30.70 301 :MECHANIC - WELDER 302 TRACTOR 1RAILER DRIVER 303 TRUCK DRVR,OPER HANDIPWR WINCH GROUP 2 2003-10-06 21.85 7.00 28.85 2004-05-01 22.65 7.50 30.15 304 4 OR MORE AXLE,STRGHT BODY TRUCK GROUP 3 2003-10-06 21.75 7.00 28.75 2004-05-01 22.55 7.50 30.05 305 BITUMINOUS DISTRIBUTOR DRIVER 306 BITUMINOUS DISTRIBUTOR-1 PERSON 307 TIIREE AXLE UNITS GROUP 4 2003-10-06 20.95 6.50 27.45 308 BITUMINOUS DISTRIBUTOR SPRAY OPR 309 DUMP PERSON 310 GREASER 311 PILOT CAR DRIVER 312 RUBBER TIRED SELF PROPELL PACKER 313 TWOAXLEUNIT 314 SLURRY OPERATOR 315 TANK TRUCKHELPER-GAS,OIL,WATER 316 TRACTOR OPERATOR, UNDER 50 H.P. 401 HEATING AND FROST INSULATORS 2003-10-06 25.54 18.74 44.28 402 BOILERMAKERS FOR RATE CALL 651-284-5091 OR EMAIL DLLPREVW AGE@STATE.MN.US 403 BRICKLAYERS 2003-10-06 26.55 11.99 38.54 404 CARPENTERS 2003-10-06 28.32 9.45 37.77 2004-05-01 30.12 9.45 39.57 04/05/04 6 405 CARPET LAYERS (LINOLEUM) FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVW AGE@STATE.MN.US 406 CEMENT MASONS 2003-10-06 22.69 12.76 35.45 407 ELECTRICIANS 2003-10-06 30.30 15.89 46.19 408 ELEVATOR CONSTRUCTORS FOR RATE CALL 651-284-5091 OREMAIL DLLPREVW AGE@STATE.MN.US 409 GLAZIERS FOR RATE CALL 651-284-5091 OR EMAIL DLLPREVW AGE@STATE.MN.US 410 LATHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVW AGE@STATE.MN.US 411 GROUND PERSON 2003-10-06 19.64 7.83 27.47 2004-01-01 20.14 7.83 27.97 2004-05-01 20.74 7.83 28.57 412 IRONWORKERS 2003-10-06 27.15 16.29 43.44 413 LINEMAN 2003-10-06 28.06 11.33 39.39 2004-01-01 28.06 11.83 39.89 2004-05-01 28.76 12.03 40.79 414 :MILLWRIGHT 2003-10-06 29.48 9.87 39.35 415 PAINTERS 2003-10-06 27.30 10.29 37.59 416 PILEDRIVER 2003-10-06 28.32 9.45 37.77 2004-05-01 30.12 9.45 39.57 417 PIPEFITTERS - STEAMFITTERS 2003-10-06 29.00 12.84 41.84 418 PLASTERERS FOR RATE CALL 651-284-5091 OR EMAIL DLLPREVW AGE@STATE.MN.US 04/05/04 7 419 PLUMBERS 420 ROOFER 421 SHEET :METAL WORKERS 422 SPRINKLER FITTERS 423 TERRAZZO WORKERS 424 TILE SETTERS 425 DRYWALL TAPER 430 WIRING SYSTEM TECHNICIAN 431 WIRING SYSTEM INSTALLER 435 ASBESTOS ABATE:MENT WORKER 436 SIGN ERECTOR 04/05/04 2003-10-06 2004-05-01 27.31 29.66 15.67 15.67 FOR RATE CALL 651-284-5091 OR EMAll., DLI.PREVW AGE@STATE.MN.US 2003-10-06 29.60 11.91 FOR RATE CALL 651-284-5091 OR EMAll., DLLPREVW AGE@STATE.MN.US FOR RATE CALL 651-284-5091 OR EMAll., DLI.PREVW AGE@STATE.MN.US 2003-10-06 25.19 12.84 FOR RATE CALL 651-284-5091 OR EMAll., DLLPREVW AGE@STATE.MN.US 2003-10-06 27.40 2003-10-06 19.14 4.62 3.96 FOR RATE CALL 651-284-5091 OR EMAll., DLLPREVW AGE@STATE.MN.US FOR RATE CALL 651-284-5091 OR EMAll., DLI.PREVW AGE@STATE.MN.US 42.98 45.33 41.51 38.03 32.02 23.10 8 DOCUMENT 00100 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 A.M., C.S.D.T., on Wednesday, September 22, 2004, at which time they will be publicly opened and read aloud for the furnishing of all labor, material, and all else necessary for the following: Winnetka Avenue Sidewalk Replacement - City Proiect No. 770. File No. 34-04-163 Consisting of the following approximate quantities: 2,790 1,540 1,200 9 730 1,500 3,250 22,700 1 LF SY LF EA SY SY LF SF LS Remove Concrete Curb and Gutter Remove Concrete Sidewalk Abandon Sanitary Sewer Remove and Replace Storm Sewer Structures Concrete Paving, Dowels, Aggregate Base, Select Granular Bituminous Paving, Aggregate Base, Select Granular B618 Concrete Curb and Gutter Concrete Sidewalk Sod Bidders desiring a copy of the Drawings and Specifications may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, Iv1N 55113, (651) 636-4600 upon payment of a non-refundable fee of $45.00. Drawings and Specifications may be seen at the office of the City of New Hope and at the Issuing Office. Drawings and Specifications can also be purchased with a credit card over the internet at www.bonestroo.com. Each Bid shall be accompanied by a Bidder's Bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope, or a cash deposit equal to at least 5 percent of the amount of the Bid, which shall be forfeited to the City in the event that the Bidder fails to enter into a Contract. The City Council 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. Payment for the work will be by cash or check. The City Council reserves the right to rej ect 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 City. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. Daniel Donahue, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the work, and do not confer a license or grant for any other use. 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 qualification to do business in the State where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at, or contiguous to, the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at, or contiguous to, the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to, the Project 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 those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-2 INSTRUCTIONS TO BIDDERS B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such Drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated 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 Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Project 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 Project 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 Project 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, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project 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; 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-3 INSTRUCTIONS TO BIDDERS D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of 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 Project 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; 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 and in accordance with the other terms and conditions ofthe Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. 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 J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance ofthe work. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-4 INSTRUCTIONS TO BIDDERS 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 - PROJECT SITE AND OTHER AREAS 6.01 The Project 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 Docurnents 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 or 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-5 INSTRUCTIONS TO BIDDERS 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 annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which, Milestones are to be achieved and the work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or describe 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-6 INSTRUCTIONS TO BIDDERS 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 proj ects 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 ofthe Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies maybe obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid 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 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 below the signature. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-7 INSTRUCTIONS TO BIDDERS 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 below the signature. 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 below the signature. 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 below the signature. 13.08 All names shall be typed or 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 The address and telephone number 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 covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each Substitute Item proposed. 13 .14 Bidders shall circle the name of the Base Bid Manufacturer they will provide, if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13 .15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-8 INSTRUCTIONS TO BIDDERS ARTICLE 14 - BASIS OF BID; CO:MPARlSON OF BIDS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price 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 for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the 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. Discrepancies between words and figures will be resolved in favor ofthe words. 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 accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-9 INSTRUCTIONS TO BIDDERS 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids, and shall be enclosed in an opaque sealed envelope plainly marked with the Proj ect Title (and if applicable, the designated portion of the Proj ect 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 envelope plainly marked on the outside with the notation ''BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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 for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period oftime 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-10 INSTRUCTIONS TO BIDDERS 19.03 More than 1 Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, 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 to perform 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 award 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 ofthe 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. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement 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. END OF DOCUMENT 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. 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 historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORMATION AVAILABLE TO BIDDERS 2004/09/20 15:21:46 Powered by LightningFAX Page: 5/14 '?-;: J1j Bonestroo .:::. Rosene U Anderlil( & 1U1 Associates Engineers & Atchltem BIDDER: OI1~lI~ Co~^--st(Ct(Jl(dl( L'1(, DOCUMENT 00410 REVISED BY ADDENDUM NO.1 REVISED BID FORM WINNETKA A Va'iUE SIDEWALK REPLACEMENT CITY PROJECT NO. 770 FILE NO. 34-04-163 NEW HOPE, MINNESOTA BID COpy Bid Opening Time: ] 0:00 A.M., C.D.S.T. Bid Opening Date: Wedncsday, September 22, 2004 THIS BID IS SUBMITTED TO: City of New Hope 440 I Xylon Avenue North New Hope, MN 55428.4843 ] .0] The undersigned Bidder proposes and agrees, ifthis Bid is accepted, to enter into an Agreement with Owner in the fonn included in the Bidding Documents to perfonn 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 tenns 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 Own cr. 3.0] In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the othcr rclatcd data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: \ ~ Addendum Date q - aQ-()Oo<l q-~I-;)oO'--j cy-;t( ~ ;}OCJL! Addendum No. B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar\\~th and is satisfied as to all federal, state, and local Laws and Regu]ations that may affect cost, progress and perfonnance of the work. D. Bidder has carefully studied all: (J) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and ali drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project 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. 34Q.1163BJDFORM xis REVISED BY ADDENDUM NO. I 00410-1 (R) REVISEO BID FORM 2004/09/20 15:21:46 Powered by LightningFAX Page: 6/14 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 conceming conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project 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 detennination 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 G Bidder is aware of the general nature of work to be performed by Owner and others at the Project 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 ITom \lsits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents, 1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the vmt1en resolution thereof by Engineer is acceptable to 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all ternlS and conditions for the performance of the wotlc for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition B, The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competi lion. 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 conceming 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 l40-llG3BlDFORM xls REVlSED BY ADDENDUM NO 1 00410-2 (R) REVISED 610 FORM 2004/09/20 15:21:46 Powered by LightningFAX Page: 7/14 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. Bid 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 pUIl'ose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, detennined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: MOBILlZA TION L.S I $ $ 2 REMOVE PAVEMENT MARKINGS LF 2,650 $ · ",,0 $~ 3 REMOVE BITUMINOUS CURB LF 370 $ '2>,'0 $ \ \ 3(ir .00 4 REMOVE CONCRETE CURB AND LF 3,040 $ 3.QO $ \ \ \ <65~' 00 GUTTER .5,'10 33\ ' S-O 5 REMOVE CONCRETE CURB L.F 85 $ $ 6 REMOVE RETAINING WAL.L LF 115 $ 3.50 s L/ (r~ . -SO 7 REMOVE STORlvl SEWER PIPE L.F 25 $ ~ '6 .50 $ 1 (f? ~ ,s () 8 REMOVE BITUMINOUS PAVEMENT SY 285 $ lot 50 $ It ~S~. SJ 9 REMOVE CONCRETE PAVEMENT SY 150 $ 00 $ I , "55(Y cO 10 REMOVE CONCRETE SIDEWALK SY 1,500 $ 3;~5 $ ~,~7S.00 11 REMOVE CONCRETE DRIVEWAY SY 775 $ ~,SO $ \ j3;' 50 PA VEMENT y 00 I, 54(0) 12 REMOVE STORM STRUCTURE EA 4$ ?'~5' $ 13 SA W CONCRETE PAVEMENT LF 430 $ ~.OO $ 1,d..70 .OJ 14 SA W BITUMINOUS PAVEMENT LF 615 $ ~/50 $ L S:::; 7.00 <Xl L 1 OO.DO 15 ABANDON MANHOLE EA 5$ d~O' $ 16 ABANDON SANITARY SEWER PIPE LF 1,200 $ j_ \as $ I, ~?{)oo H().l163B1DFORMds REVISED BY ADDENDUM NO. I 00410-3 (R) REVISED BID FORM 2004/09/20 15:21:46 Powered by LightningFAX Page: 8/14 No. Item Units Qty Unit Price Total Price 17 COMMON EXCA V A TION (EV) CY 1,900 $ t- so $ ~ t Cf Sty et) ~. 18 SEL.ECT GRANULAR BORROW (CV) CY 840 $ \ 5 ,00 $ Ie:) I (oDO' OV 19 TOPSOIL BORROW (LV) CY 245 $ \S,oO $ 3/075,00 S DO 00 20 SALV AGE AND RESPREAD TOPSOIL CY 170 $ \ ' $ ;),:550' (EV) __ 00 10,1 'J7SdJ 21 AGGREGA TE BASE, CLASS 5 (CV) CY 685 $ I~' $ IS'w'6 C) ,~OO . D6 22 CONCRETEPAVEMENTIRREGUL.AR SY 625 $ $ WIDTH 8" \ 11.00 ICp) 320 cf) 23 STRUCTURAL CONCRETE HE CY 140 $ $ 24 TYPE MV 3 WEARING COURSE TN 333 $ '7/,$0 $ .~3, ~O~,SO MIXTURE (B) 71'50 3/1, 4&; ~.OG 25 TYPE MY 3 NON WEARING COURSE TN 552 $ $ MIXTURE (E) \ 10' CO cfj 26 TYPE LV 4 BITUMINOUS MIXTURE TN 23 S S '~fS?lJ ' (B), FOR PATCHING 5,50 c::;-.~ 0 ' 00 27 BITUMINOUS MA TERlAL. FOR TACK GAL 100 $ $ COAT ~ ~O ,to 28 CONNECT TO EXISTING CATCH EA 1 $ $ 3:\0 .00 BASIN 1,~OO'W 29 ] 5" RCP STORM SEViER, CLASS 5 LF 50 $ d~,bO $ 4 L[ 0 ,cfJ 00 30 CONNECT TO EXISTING PIPE EA 4$ $ 1,ltt?O' 31 MODULAR BLOCK RETAINING WALL SF 350 $ a3.lt6 $ g,dl7'sO DO ., 32 SALVAGE AND REINSTALL EA 2 $ 3 OdL $ lo,.OSO' 0 () HYDRANT ) 33 ADJUST VALVE BOX EA 3 $ ~;~ ' 5D $ J. 07, so 34 6" DIP WATER MAIN, CLASS 52 LF 45 $ 13,Fl $ L, 0 '3 ' 90 35 ADJUST FR.A.ME AND RING CASTING EA 14 $ 11.R5'00 $ ;)" 3i O'ciJ 36 2' X 3' CB, INCt R-3067-V CSTG. EA 3 $ lloSU $ Lf , 9~D' oc) , 37 4' DIA STORM SEWER CBMH, INCL. R- EA I $ 1,~oSO $ L [o~:;~}OO 3067-V CSTG J.I '5 :::>': d-.OZ::;' 15 38 4" CONCRETE SIDEWALK SF 9,893 $ $ 39 4" CONCRETE SIDEWALK HE SF 11,807 $ 3,00 s ?B ,Lj~ rOb oF 340-l163B1DFORM lis REVISED DY ADDENDUM NO. J 00410-4 (R) REVISED BID FORM 2004/09/20 15:21:46 Powered by LightningFAX Page: 9/14 No. Item Units Qty Unit Price Total Price 40 B618 CONCRETE CURB AND GUTTER LF 1,422 $ 9,50 $ 13)50/' GO 41 8618 CONCRETE CURB AND GUTTER L.F 1,738 $ IO,eD $ 17,320.00 HE Lt~5' 00 3 Lf OO'cD 42 PEDESTRIAN CURB RAMP EA 8 $ $ 43 CURB fNSULA nON BL.ANKET LF 1,000 $ ~.cJO $ ~(Ooo.oO DO ~,O30'OO 44 TRAFFIC CONTROL. LS 1 $ 9,l::2:{)' $ 5 - 00 I) (). cx:J 45 PA YEMENT MESSAGE, tEFT TURN EA 2$ J' $ ARROW - PAINT l, OCoO,LfO 46 4" SOL.ID LINE, YELLOW PAINT LF 1,205 $ . 't,'b $ 47 4" BROKEN LINE, YELLOW PAfNT LF 55 $ ,Oc.o $ ~3O 48 4" DOUBLE SOLID LINE, YELLOW LF 235 $ \ il\..o $ Lj 1 3' ~n P AJNT 1/~'~O 49 4" SOLID LINE, WHITE PAINT LF 405 S ' L}Lj $ 50 4" BROKEN LINE, WHITE PAINT LF 1,790 $ ,Ol. $ 10/.1./.0 51 SALVAGE AND REINSTALL-SIGN EA 20 $ 100.00 $ ::},Q 00.06 52 SIGNAL SYSTEM MODIFICATION SIG SYS I $ S 9"0.00 $5,50000 ) 53 STORM DRAIN INL.ET PROTECTION EA 10 $ \,~7'~U $ \375,00 54 SODDING, LA WN TYPE SY 1,430 $ ~,'60 $ I'~ ,584' (10 TOTAL BASE BID -$- 3LjLJ Il77' oS yle& ~A- 34aJ 17i?IJ/CJ S J4().l16JBIDFORM xis REVlSED BY ADDENDU~I NO, I 00410-5 (R) REVISED 81D FORM 2004/09/20 15:21:46 Powered by LightningFAX Page: 10/14 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.8 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. SUBMIITED on ,2004. If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No,: Fax No: H0416lBlDFORM .Is REVISED BY ADDENDUM NO.1 00410.6 (R) REVISED BID FORM A Partnership A Corporation 3404163BIDFORM.xls Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: 0 '(Y\cJ l..e'f Co{\..s+(I.,{C.TfC)r1) T(\C (SEAL) State oflncorporation: (Y\f\) Type (General Business, Professional, Service, Limited Liability): Cbt:Y'\'E' ('c,j Gu.s !floe c.:) By ~f {)(j)J~gJ!~ V'WA~ Name (typed or printed): _lor ~ 0 fYla ll-e.y Title: P,e.S;d.efd- ct- SeLI[~--rQr)/ / J , Attest ,.' Business address: ,35lQQ c:;JL-(1 Sf-- Auenu. ~ L-e C,*,~YheJ I 11W 7 Phone No.: ,sn7- 357 -(03 3 0 (CORPORA TE SEAL) Vic-e -PI<' S ,o{-el\t, CtChY\jSeUe.tWj "sr n oS ( Fax No.: -507- 3S7 -Co 1,31 00410- 7 810 FORM 2004/09/20 15:21:46 Powered by L;ghtn;ngFAX Page: 12/14 A Joint Venture Joint Venture Name: (SEAl.) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAl) By: (Signature) Name (typed or printed): Title: Business address: 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 3404163BlDFORM xis REVISED BY ADDENDUM NO. I 00410.8 (R) Rl:-VISED 610 FORM GRANiTE RE, INC. Approved by the American Institute of Architects Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we O'Malley Construction, Inc. as Principal, hereinafter called the Principal, and GRANiTE RE, INC. a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope as Obligee, herinafter called the Obligee, in the sum of Five Percent of Amount Bid**************************** Dollars ($ 5% of Amount Bid ), 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. W HER E A S, the Principal has submitted a bid for Project No. 770 - Winnetka Avenue Replacement of Sidewalk NOW THEREFORE, if the Obli[:lee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with [:Iood 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 [:live such bond or bonds, if the Principal shall pay to the Obli[:lee the difference not to exceed the penalty hereof between the amount specified in said bid and such lar[:ler amount for which the Obli[:lee may in [:Iood 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 sealed this 20 th day of September 20 04 ~ { ~ (seal) onathan Pate Atto~ney in Fact Pate Bonding, Inc. (651 )-457-6842 1276 South Robert Street, W. St. Paul, MN 55118 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of } Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On this } day of , in the year ---'- before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Corporation) ~'l\~()'\-c-. County of l o-E: Su-t> I ) { } On this d.O~ day of ~'\"("'o. ~v , in the year~-, before me personally come(s) L~\ 0' \"v"'\.c.....\\-e..f to me known, who, being duly sworn, deposes and says that~ resides in the City ofLe.. c.-€..-", ~-€: r tha(~~s the l=>"-e:5 \~'"'+- of the 0 l ~\i'-.~\.\ f.y> cOJ:YST R-i...i::" La6\:) :r: f\JC the corporation described in and which executed the foregoing instrument; that~knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors ~f said corporation, and tha~ignedW name thereto by like order.~. i STEPHANIE JOLENEANOERLEY I ~--d:-!I ^-1 ./_- NOTARY PUBUC-M1NNESOTA ~~ E1' MyComm.ExpiresJan.31.2007 Il ACKNOWLEDGMENT OF SURETY State of Minnesota County of } On this 20 day of , in the year 2004 , before me personally come(s) Jonathan Pate Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in.lmLeLGLQY.eJ::Lelgbls_,-.M~at he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said C pany by like order. ANDREA M. CONNOLLY Notary Public Minnesota Wry CommissIon Expires Jan. 31, 2005 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lavvfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary!Treasurer, this 13th day of July, 2004. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) J1( /0_ "'~~1.~ ,) R. Darryl Fisher, e President ~- ~ Rod~n A. Frates, Secretary!Treasurer On this 13th day of July, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary!Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary!Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary!Treasurer, respectively, of the Company. My Commission Expires: May 9, 2008 Commission #: 00005708 ~p~~ GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Oirectors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking. " IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 20 th day of September ,2004. ~~ ~' ~an A. Frates, Secretary/Treasurer DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between City of New Hope, Minnesota (Owner) and O'Malley Construction. Inc. (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: sidewalk replacement construction for the City of New Hope, Minnesota, City Project No. 770. 1.02 The City has the right to eliminate the quantities for the work on Winnetka Avenue, north of Bass Lake Road, without adjustment in the Bid Unit Prices. 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: Winnetka Avenue Sidewalk Replacement Project for the City of New Hope, Minnesota, City Project No. 770. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (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 Datesfor Milestones, Substantial Completion, and Final Payment A. The anticipated early start date for this Project is October 4,2004. B. The work on Winnetka Avenue, south of Bass Lake Road, is to be performed in 2004. All concrete placement on Winnetka Avenue, south of Bass Lake Road, is to be completed on or before October 22, 2004. This could be extended by the Owner if weather conditions permit; however, the Contractor should anticipate meeting the October 22 date. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-1 AGREEMENT FORM C. The work on Bass Lake Road and on Winnetka Avenue, north of Bass Lake Road, will not occur until 2005. D. All of the work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 30, 2005. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in paragraph 3.02 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 $250.00 for each day that expires after the time specified in paragraph 3.02 for 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 $250.00 for each day that expires after the time specified in paragraph 3.02 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: For all work, at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Three Hundred Forty-Two Thousand Seven Hundred Seventy- Seven Dollars and Five Cents ($342,777.05). 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.A.1 and 6.02.A.2 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). 34-04-163 @ 2004 Bonestroo, Rosene, AnderJik & Associates, Inc. 00520-2 AGREEMENT FORM b. 95 percent of cost of materials and equipment not incorporated in the work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 100 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 rate 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 Project Site and become familiar with and is satisfied as to the general, local, and Project 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 Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project 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 Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-3 AGREEMENT FORM F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 1. 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. 1. 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. 6. Drawings bearing the following general title: Winnetka Avenue Sidewalk Replacement; 7. Addenda One, Two and Three, inclusive; 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-4 AGREEMENT FORM 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. ARTICLEI0-NUSCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One (1) counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf This Agreement will be effective on \S~;'f))t,;.< 7 , 2004 (which is the Effective Date of the Agreement). ! Owner: Contractor: City Of~ew H;pe'f1\es~t,a. By ~L~ /./ - ~~ y /) Attest laLL/l<..d/~)'1 pj '-".../ ' By: O'Malley Construction, Inc. '>21 ();J~) It J.-6 r / C'!I\ct 1/ <QY r -&1 ! 1 '-.! if ~C~LiI~~( ~r- e 5 I J e ^- 1- (' ;';~"I "ODE ,'-1\1 L 'ii' I-A j I :~ L. ~' ~ I \ " r Attest ~ ~~ u ~ Address for giving ~oti~es: ,~~;lCf9 ;JC( (if (AJ-( L't C~ Il -fLQ (' , (1/) fLJ:S-0 () 'S 7 Address for giving notices: f\1 ! nr~ A' \iE N'Q Lv j.~ fv' '. HOPE, MN 55428 License No. (Where applicable) Designated Representative: Title: /7'J //1. f/ I._I I 7 i- { ~'I fj'l<" (j CITY OF NEW HOPE 4401 XYLON AVE NO. Nl:.W HOPE,lVlN 554Z8 Designated Representative: Name: cio/z) () '/'l/oJkJ ~ ( I Pr .e SI (~i er~t . - . ,i Address:~~S ") 9 c; c;)/-.d .~ ( ,'\ YY1!iJ !- p:.-~ef\ r--tf / 9 p \ (l/ Title: Name: Address: Al)f Facsimile: II. .? Ie '-", '. -) II / Phone: C;0'..C' j(" J " /.'.. ,,\, '\ ',..~.,) / Phone: I~ i.. I tv' '- / il- I - Ie> Facsimile: - /....,/ J C U! , ~:J 7 END OF DOCUMENT 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-6 AGREEMENT FORM 10/01/2004 13:59 10/01/2004 13:42 5073576139 1507642:3146 OMALLEY CONSTRUCTION MADarA INSURANCE CE PAGE 02 PAGE 01 CERTIFICATE OF LIABILITY INSURANCE ] 10(O~~OtJ4 I ACORD". l'RQot1CE!l T111S CEltTtFlICATE 1~ ISSIlJED AS A MAn M OF INFORMATION ONLY AND CONFg~a NO RIGHTS LIPO \I THe CSRTIFICATE Mac:1eJ.;i.a. :Insu:eance Cen t.e:t' LLC HOLI)~ft. TH'~~rIFfc~\rEi POES NOT AMEND, EXTI:lND OR 26 W. Ma.i.n. ALTER T1fE co OJ AF:FOROED BY TI';!E PCI.1C1SS seLOW. PO :Sox. 129 INSUft!!.RS Ar:FORDING C:OVI iRAGE MadaliQ ~ SSOG2-0129 - -~ (NIlVM:l INSJF<!;R Jli. G%';1.:nne.l.1 :Mut.u;a.1 - O'~ley Conscruction, Inc, INSUReR Ir. - 35799 241st Ave. INSU~ c, - INiUFteR 0: . _. I L@CeZ).te~ MM 56057- INSURIiPt &; -9.0VERAGES iHE POLlOIES OF IN$1JI'IANOE LfSTI;!O l\!l.,OW HAViS SEEN ISSI,lIiil;l TQ /HE INS!JREg NAMED ABOVE FOR lr1E FOlJC'r PSR100 INPlCA iii I, N07WITHSTANDlNG ANY R!elJIReMEN'l', TlmM OR c;QNDfTIQN OF' ANY CONTRAC'l' ~ O'THm COCUME!NT lMiH RESFecT TO WHICH THIS CfiRTIRCA'TC MAY Be 1SS11EC o~ MAY flE~TAIN, 'nie INSI,lAANCE AFFOROl'!D a\' mil I'OLIClES DeSCRIBED HER51N 1$ SUBJECT TO AI.I. THE 'T1!RM$, lS?';r;:r.1J!IONS AND Oot-lOlTl ONS OF BUOIo! POLICies. AGGREGAT!! LIMITs SI'lQWN MAY HAVE 6EiEN RI!CUOI;:D f!ff PAItl ClAIMS. Ir;: TYl'E OF INSUIlANCE POLlCT NIIMBER PCI.n=yEFF~ ~WEl( TIl;lN liMITS A GENERAL LII'UH~llY / / / / EACH OCC1JRR~:iL & 1,000,000 ""- ~ :J~etcw..12l!NW,6,SIUiY I'lR_ O.l,MAGe tAn~ 1ft) s 100,000 _ ClJ\IMQ ""I\Qe X OCClJR 0OOO303S3S 04/01/2004 04/0J./2005 Mr;D I!XJ!l (A~y tlNI ~ ~l S S,OOO ~AL&ACV~lY S 1,000,000 / I I / GENeRAl. I\GGRED..6]] $ 2,000,000 ~I.I\GGIlneLIM1T ^Aes Pm FROi:ll.JCT5 . COM"1O~ J,(;G $ 2,000,000 F'OUClY I ~~ LOC / / / I A -AUTOMOIIII.Ii I.IADll.tn' 0000306060 04/01/2004 04/01/2005 COMSlNBJ SINGLt; I.IM r X Af:N AllTO (Go """killnll s 1.,000,000 "'!.L OWN~ ALTrOS / / / / BOOtL Y INJURY X GCH!rlULED AUTOs ~1lI' JXlI'IlOl1J , -=- ~ ~~l;!) AU1'Os I / / 1 ~LYINJ1.lRY r-!. NO~A\lrOS I.!:..,.~elll) s 1 / I / I'ROi'eRiY PAMAGe i,,"'" _Idm!l) ~ HAoa I.Ip.Ururr AU'l'O ONl. Y. "^ ^':es N'I' $ ANY AUTO I I / I (~TIo/N'I ..liA. \eel S NJroONl.~ -iGG S - A ~ LlIU'IIUTV 000030e860 O,vOl/.2004 04/01/2005 SiACl:I OCCUR~L. $. 1,000,000 OCCU/ll 0 Cl.AfMS M,t,C(!Z I.GGROiGA,.E C 3.,000,000 s R CEoucne..1O I / I / S Rlii6NTION $ & A =''6~~i!tM~ONAND / I / / _~Ib[~~tlD W" iiI.. EACH AeefOSNT s 500,000 0000308859 04/01/2004 04/0'-/2005 1;'.1.. Df~- EA EMPl.O i'El" $ 500,000 E.I.. otSEASt; "'OI.IC!t1!! lIT ~ 500,000 ~ / / / I IOlr;scRII"TlON 6l! O/"1;RA TltlNllIl60A TIONSIV'EHICU!IlIIlXOf.lJSIg.NS ADDl!!tl !l't I!l'IlXlR~MeNTISPECuu. PRO\tl5lONS -= .r.i.s~ ~Ill ac1d;1.Mona.:\. ~su.z:ed: c,,~ 0:' New:Rope, ~ ~, tm l;O!\O.~, RoS.ru~, 1\:1de.l:'11t. 4:; As.SC)I:!~atea, .2335 W .w.~,,~ 36/ 91:. Pau1, ~ SS11:a ~ ao,pe ~oe~a ~ a~~~k ~a~~ ~~o,ec~.~ ~B2~109-0S , lB2-020-~a ~ERnFleA m HOLDER I xJ ADDmONAI. rIiW~Ec; INSIJRq~ Ll!'l'TERl - CANCELL.AnON - $HQUl,O AIo' Ol' THI1I A~ a~lmlEtl POl..lC1&\$ lJl! C ~NOliII.l.!tI 9~l\E' THE ElU'IM.TION DA'm TliSREOF. 1H!; IS:suJNQ IfoJ&U~ WI1.I. ~~X~ WJlfl C~~y O~ N@w Rope ~A*j{WRIT'l"ElII NO'l'lCl! rc "M~ I::mtlFlCATE' HOI.DER IIIIMIll:l TO TMl! l.m~ -11.40], Xy~= A~ NCt~i:h ~!.i:..~~~~~~~~~,,~~~X n; New ROl:lel W .$5428- AllTHORIZml ~!!"IlI:GKtA~ .~~ ,1/ 4 ~)1 l\COJIm :as.s (?/JT) I ~)"/~.K .~ '" ,"'" ti r:;..;"J'"'' '.' r~J ft"'l-INS026S (991ll).()1 ~~NIC LAS~ FOIlMEl, INO, . rsotJ)S2'7-"'49 ~5 RPORAnON 1988 ~~DI:a PERFORMANCE BOND Bond # GRMN22845A Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): O'Malley Construction, Inc. 35799 - 241 st Avenue LeCenter. MN 56057 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 CONTRACT Date: 28-Sep-04 Amount: $342,777.05 Description (Name and Location): City Project No. 770: Winnetka Avenue Sidewalk Replacement Project for the City of New Hope, Minnesota SURETY (Name and Address of Principal Place of Business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 BOND Bond Number: GRMN22845A Date (Not earlier than Contract Date): 28-Sep-04 Amount:$342, 777 .05 Three Hundred Forty Two Thousand Seven Hundred Seventy Seven and 05/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTORASPillNC~AL Company: O'Malley Constru~tion, Inc. ~l'{ f Signature: j / U Name and Title: 1-0 f' I' Q I?~d (~ ! SURETY '1 (Seal), . fr ,t sid elLI Granite Re, Inc. Surety's Name aniforporate Sear *,//</. I .c- By: ~//b,~~A_--t\ Signature l1Hcf9"itle Jonathan Pate (Attach Power of Attorney) Attorney-in-Fact ~(/Av-J (Seal) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PillNC~ AL Company: SURETY Signature: Name and (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 1. 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. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 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 3.2. 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 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circums tances: 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. 5. If Surety does not proceed as provided in Paragraph 4 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 4.4, 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. Bond # GRMN22845A 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 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 a 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: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. 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. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. 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. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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. 12. Definitions. 12.1 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. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. 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 comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Pate Bonding, Inc., 1276 South Robert Street, West Saint Paul, MN 55118 (651) 457-6842 Owner's Respresentative (engineer or other party) Bonestroo, Rosene, Anderlik & Assoc., Inc. (651) 636-4600 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this } day of , in the year _>-b_eJore me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On } day of , in the year --,~fore me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of } day of ~D,~E..n'lb,oJ_- ,in the year df()}iJ;JJ~Jore me personally On come(s) to me known, who, being duly sworn, deposes and <;:;h~ \),-- \,- ~A- f h that -l4e IS the -+.IrS.:'i 0 t.::Li \ lot e the corporation described in and which executed the foregoing instrument; the seal of the said corporation; the seal affixed to the said instrument i~ sU,Gh corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that~ signed ~Iname thereto by like order. County of ~^,VNVV'^^^~:=I" ~ cV'-_'._r'..,__d_,-, ~ 31 2007 ACKNOWLEDGMENT OF SURETY State of County of Minnesota } Dakota On this 28 th day of __SeQtember , in the year 200,!, before me personally come(s) Attorney(s)-in-Fact of Granite Re, Inc.__ with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in-'nv_eLGLQ--'LeJ:LejgbJ;s_,~~--1bat he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instr~~ Attorney(s)-in-Fact of the said~~p~~y by like ~rder. LlS/i ivi. FRANCOUR $ LM o~J1tIl;VV NOTARY PUBliC. MINNESOTA $ 1\1'1 Commission Exoires Jan. 31, 2005 $ Notary Public ~~~*~~~ GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 13th day of July, 2004. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) >? /Cl~ ~~~...~~ R. Darryl Fisher, . e President ~- ~ Rodrm.n A. Frates, Secretary/Treasurer On this 13th day of July, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2008 Commission #: 00005708 ~-p~~ GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 28 th day of September ,2004 . ~/- ~an A. Frates,-;ecretary/Treasurer PAYMENT BOND Bond # GRMN22845A Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): O'Malley Construction, Inc. 35799 - 241 st Avenue LeCenter. MN 56057 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 CONTRACT Date:28-Sep-04 Amount:$342,777.05 Description (Name and Location): City Project No. 770: Winnetka Avenue Sidewalk Replacement Project for the City of New Hope, Minnesota BOND Bond Nlli1lber: GRMN22845A Date (Not earlier than Contract Date):28-Sep-04 Amount: $342,777.05 Three Hundred Forty Two Thousand Seven Hundred Seventy Seven and 05/100 Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Granite Re, Inc. 14001 Quai/brook Drive Oklahoma City, OK 73134 None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: O'Malley Construc~on, 19c. i. . Signature: ( 'C,!?j L) vIle:, rjr} (Seal) Name and Tit e: / "\/~ /; '/Yi~lJv 72/OS C?' t t-U / (./ / / fL~ 1:) / r;r.C" I lei? SURETY (Space is provided below for signatures of additional parties, if required.) Granite Re, Inc. Surety's Name;:and Corporaty'Seal ) ~ ! / /" ,/ \ B . #:/;/ ///'>>)'''- ./' r- y. Lftw.,/C--;F ../L..--"-/ L----~./c..?": Signatud tinCt Title Jonathan Pate ""---" (Attach Power of Attorney) Attorney-in-Fact ~OJn~v- (Seal) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 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 addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety 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. Payor 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 . Bond # GRMN22B45A 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. 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit 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 frrsHier 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 comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Pate Bonding, Inc., 1276 South Robert Street, West Saint Paul, MN 55118 (651) 457-6842 Surety Agency or Broker: Owner's Re presentative (engineer or other party): Bonestroo, Rosene, Anderlik & Assoc., Inc. (651) 636-4600 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this } day of _, in the year _>--bJ~fore me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that_he_ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On } day of , in the year ~fore me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of } On day of , in the year O?:CI.::j.Jl~fore me personally come(s) -LCL6L)\ f'f\c< \ \?~ to me known, who, being swoln, deposes and says thatWresides in the qity of Le~C,e/~ ___ that~s the of the (,\' ('(.0 lte<,J C'ojl$l[:LJ(:'J-~ D','fIh (' '___ the corporation described in and which executed the fOregoindinstrument; that~nows the seal of the said corporation; the seal affixed to the said il)strumentjs such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and tha~Signed~{ name thereto by like order. (j ^ t L clA.t. 7,'fl 4" ;c.~-Lj/ ~ . " .'_"?'. --r' ~~. : " Notary -umi , ACKNOWLEDGMENT OF SURETY State of County of Minnesota Dakota ---- } On this 28 th day of SeQtember , in the yeaL2004 , before me personally come( s) Attorney( s )-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) inJH'LeLGm.'Le_cLe.i.ghts_,_Mr~LJbat he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said Company by like order. L1SAivi. FRANCOUR ~~ NOTARY PUBUC . MINNESOTA Notary Public My Commission Expires Jan. 31,2005 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and SecretaryITreasurer, this 13th day of July, 2004. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) y;( /~-1~~1l~ ) R. Darryl Fisher, e President ~- ~ Rodrmn A. Frates, SecretaryITreasurer On this 13th day of July, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, SecretaryITreasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the SecretaryITreasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and SecretaryITreasurer, respectively, of the Company. My Commission Expires: May 9, 2008 Commission #: 00005708 ~Psm?~ GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting SecretaryITreasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaki ng." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 28 th of September ,2004 . ~/- ~an A. Frates,~ecretaryITreasurer PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610-1 I. 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. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and auempted 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 3.2. 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 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undenake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable prompmess 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. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable prompmess, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional wriuen 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 4.4, 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. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1,4.2, or 4.3 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 a limit of the amount of this Bond, but subject to comminnent by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. 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. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. 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. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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. 12. Definitions. 12.1 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. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. 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 comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Representative (Engineer or other party) 00610-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, ifrequired.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-1 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 hannless 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 addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in parr 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 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 Oaimant 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. Payor 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. 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 Oaimants 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 parr 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit 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 here from 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 parr 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 comply with the other terms thereof. FOR INFORIVIATION ONLY - Name, Address and Telephone Surety Agency or Broker: Owner's Representative (Engineer or other party): 00615-2 DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 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. ARTICLE 1 - DEFINITIONS AND TERL\1INOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Delete 4.02.A and 4.02.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at, or contiguous to, the Project Site are known to the Owner or Engineer. ARTICLE 5 - BONDS AL'ID 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-61 0 and C-615 (2002 Editions), or a similar bond form if approved by Owner. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-1 SUPPLEMENTARY CONDITIONS SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements, or failure of Owner to identify a deficiency from evidence provided, shall not be construed as a waiver of Contractor's obligation to maintain such msurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 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: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 $500,000 $500,000 Each Accident Disease - Policy Limit Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non-owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 $1,000,000 Each Occurrence Aggregate 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-2 SUPPLEMENTARY CONDITIONS 5. 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: Owner. 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 Project Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A.l through 5.06.A.7. 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.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section 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. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.08.A. Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1 - General Requirements." SC-6.19.A. Delete the words "representation of' in the second sentence. ARTICLE 10 - CHANGES IN THE .WORK; CLAIMS SC-I0.05.B. Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTA.l"\l"CE 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 word "two years." 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-3 SUPPLEMENTARY CONDITIONS ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B.5 Add the following new item immediately after Item 14.02.B.5.d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.C 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.C 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 demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C: D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC-16.01.C.1 shall commence an action on the claim within 1 year of giving such notice, and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time-barred and Engineer's action or denial shall become final and binding. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: SC-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-16.01A and 16.01.B, but not including any claim. in excess of $100,009, 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 arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-4 SUPPLEMENTARY CONDITIONS B. 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.C, 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 (including Engineer, and 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. in inclusions 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 Documents provisions deemed applicable and relied on in making the award. 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 DOCUMENT 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-5 SUPPLEMENTARY CONDITIONS SECTION 01100 SUMMARY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK. A. Project Name: Winnetka Avenue Sidewalk Replacement for the City of New Hope, Minnesota, City Project No. 770. B. Description of Work: Project consists of sanitary sewer abandonment, concrete surfacing, bituminous surfacing, concrete curb and gutter, and concrete sidewalk. 1.03 COMPLETION DATES A. Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK. RESTRICTIONS A. Use of Project Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction should be reviewed and approved by the Owner, and shall be removed upon completion of work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner: 3. If additional space is needed, obtain and pay for such space offsite. B. Access to Project Site: 1. Coordinate access and lane closures with City and County via ROW permit. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY C. Other Work at Project Site: 1. Burial of utilities along Winnetka will take place. Coordinate work with developers and private utilities. 2. The adjoining property is undergoing a redevelopment project by Ryland Homes. Infrastructure and building construction will be taking place throughout the sidewalk proj ect. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMJvlAR Y SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1- GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Project Site. B. Project Utility Sources: Coordinate work with the following utility owners. The following utilities are known to be on the Project Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Gregory S. Plumedahl, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763-493-1670; fax: 763-493-1501. 5. Gas: Reliant Energy, Minnegasco, Cherie Monson, P.O. Box 1165, Minneapolis, MN 55440-1165; ph: 612-321-5435; fax: 763-321-5480. 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Room 155, Plymouth, MN 55442; ph: 763-381-5542; fax: 763-536-5098. 7. Cable TV: Comcast Communication, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112-6930; ph: 651-493-5316; fax: 651-493-5116. C. Owner requires 48 hour notice for all utility interruptions. D. Private utility information obtained from utility owners/operators is shown on the Drawings in a general way. The location of utilities is not guaranteed. The locating of utilities and coordination during construction is the responsibility ofthe Contractor. Final locations of all utilities, per the Gopher One System, will be the responsibility of the Contractor. All costs associated with the private utility coordination shall be incidental to the total work of the Project. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-1 PROJECT MANAGEMENT AND COORDINATION Information provided is of Quality Level D (QLD) as defined by ASCE Standards. Utility locations shown on the Drawings are based on this QLD information, and have not been verified with a field survey. 1.03 PERMITS A. A Right-of-Way permit from Hennepin County will be required. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer and Resident Project Representative a minimum of 48 hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of work. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Proj ect 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-2 PROJECT MANAGEMENT AND COORDINATION 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. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length oftime for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of the work, maintenance oflocal traffic, and timely repair of each driveway and yard are critical to the success of the Project. 2. The Project schedule will need to be coordinated with the developer's work progress. 3. Work must be coordinated with the burial of overhead utilities along Winnetka Avenue. Xcel Energy's anticipated date for burial is between September 20 and October 8. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. B. Submit a detailed phasing plan for the order of construction, including the areas involved, and the estimated time frame each area will be affected. C. These submittals should be provided at the pre-construction meeting such that they can be discussed and approved by the City prior to any work being done. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-3 PROJECT MAt~AGEMENT AND COORDINATION SECTION 01400 QUALITY REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of work, submit testing laboratory name for various specified tests for approval by Engineer. B. Submit copies oflaboratory test results or analysis in consistent with Section 01310- Project Management and Coordination. C. Manufacturer's certificates of quality control or performance. 1.04 WORKi\1ANSHIP A. Comply with industry standards of the region, except where more restnctlVe tolerances or specified requirements indicate more rigid standards, or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 34-04-163 <9 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-1 QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at Project Site, or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.06 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 oftest, results oftests, and conformance with Contract Documents. 1.07 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 oftest results. 1.08 LTh1ITS ON TESTING LABORATORY AUTHORlTY 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. 1.09 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. 1.10 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-2 QUALITY REQUIREMENTS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 (Q 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MIvlUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. PART 2 - PRODUCTS Not Used P ART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the work at the Project Site. B. Establish Contractor offices, building, or other facilities necessary for work on the Proj ect. 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. Remove, store carefully, and replace all signs, posts, etc. that may be within the construction limits, as directed by Engineer. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-1 TE~ORARYFACll1TffiS AND CO"NlROLS 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. B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited, except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. 3.04 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. 3.05 TEMPORARY CONSTRUCTION A. 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 Project Site and adjacent property to avoid damage. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-2 TEMPORARY FACILITIES AND CONTROLS 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Project Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the work. C. Flaggers are required to protect construction vehicles during unloading for construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 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. 2. 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. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. 'Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Proj ect within 1 hour ofthe time of notification. 5. 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. E. All traffic control plans are subject to Hennepin County approval. The County's approval must be granted prior to any traffic control is implemented. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-3 TEMPORARYFAC~ITlliS AND CONTROLS 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect work. 2. Damage to the Project 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 Project Site repairing. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this Bid Item. The amount of the Lump Sum Bid: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment Percent of original contract amount earned - 25 Percent of original contract amount earned - 50 Percent of original contract amount earned - 100 50 70 90 100 B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this Bid Item. The amount of the Lump Sum Bid: 1. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment Percent of original contract amount earned - 25 Percent of original contract amount earned - 50 Percent of original contract amount earned - 100 50 70 90 100 C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 (Q 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-4 TEMPORARY FACILITIES AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02920 - Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 1803 - Prosecution of Work. 2. 2573 - Temporary Erosion Control. 3. 3886 - Silt Fence. 4. 3891 - Inlet Protection. 5. Technical Memorandum No. 99-23-ENV-03 and Attachment. 6. Technical Memorandum No. 99-27-ENV-05. 7. Technical Memorandum No. 02-11-ENV-01. 8. Technical Memorandum No. 02-13-ENV-02. 9. Technical Memorandum No. 02-14-ENV-02. 10. Technical Memorandum No. 01-06-ENV-01. 11. Technical Memorandum No. 00-10-ENV-04. 12. Technical Memorandum No. 00-12-ENV-05. 13. Special Provisions S-25. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 EROSION AND SEDTh1ENT CONTROL 14. Special Provisions S-249. 15. Special Provisions S-250. 16. Special Provisions S-252. 17. Special Provisions S-264. 1.04 SUBMITTALS A. Erosion Control Plans: 1. Completed application form for the :MPCA' s General Storm Water Permit for Construction Activity. B. 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 results of tests for the specified properties, representative of the materials supplied. 1.05 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. All temporary erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. 4. 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: a. When the Contractor fails to conduct the quality control program, doesn't 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 EROSION AND SEDIMENT CONTROL b. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required work, or be subject to a $500 per calendar day deduction for noncompliance. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02920 - Lawns and Grasses to prevent excessive soil erosion. PART 2 - PRODUCTS 2.01 STORM DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: 1. Road Drain Curb and Gutter: Manufacturer: Wirnco, LLC. 2. Silt Screen: Manufacturer: Alpine Stormwater Management. B. Non-paved surfaces without curb and gutter inlet protection: 1. Silt fence box. 2. Road Drain: Manufacturer: Wirnco, LLC. 3. Erosion Control Shroud: Manufacturer: Royal Anchor Systems, Inc. 4. Silt Sack: Manufacturer: ACF Environmental. 5. Verti* Pro as Manufactured by Alpine Stormwater Management. C. Alternate Curb Inlet Protection Devices: 1. Eco Block. 2. Straw or Excelsior Wattle (8 inch minimum diameter). 3. Filter Compost Sock: Manufacturer: Filtrexx. 4. Rock Barrier: a. Clear Aggregate Only: 3/4 inch to 1-1/2 inch. b. Wire mesh and filter fabric. 5. Woven Type Sandbag Barriers conform to MnDOT Spec. 3893. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-3 EROSION AND SEDIMENT CONTROL 2.02 WATER FOR DUST CONTROL A. Apply water as directed by field Engineer to prevent dust and wind erosion. B. Confirm water source with Public Works. Contact Paul Coone. C. Do not use City hydrants without approval. PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2573.3: 1. Minimize the amount of disturbed land that is susceptible to erosion. 2. Install the appropriate temporary erosion and sediment structural controls measures in accordance with approved sequence of construction. Clearing and grubbing operations shall be so scheduled and performed, so that grading operations and permanent erosion control features can follow immediately thereafter. 3. The surface area of erodible earth material exposed at I time by clearing and grubbing, by excavating, by fill, or by borrow shall not exceed 1/3 of the Project length without written approval ofthe Engineer. 4. Only disturb, clear, or grade areas necessary for construction. Delineate areas not to be disturbed: a. Exclude vehicles and construction equipment from these areas to preserve natural vegetation. 5. Maintain and preserve riparian and naturally vegetated buffer strips along water courses. 3.02 INSTALLATION A. Storm Drain Inlet Protection: 1. Storm Drain Inlet Protection shall be installed at locations determined by the field engineer. 2. Storm Drain Inlet Protection shall protect against sediment entering the storm sewer system until the bituminous base is paved and areas stabilized. 3. The Contractor is responsible for cleaning any sediment, which may have entered storm sewer pipes, ponds, and adjacent properties at their expense. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-4 EROSION AND SEDIMENT CONTROL 3.03 MAINTENANCE A. Control dust blowing and movement on Project Site and roads, as directed by Engineer, to prevent exposure of soil surfaces, to reduce on and off Project Site damage, to prevent health hazards and to improve traffic safety. B. Acceptance of Work: Conform to MnDOT Spec. 2573.3.C. 3.04 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Storm Drain Inlet Protection. Measurement will be per each and shall include installing, cleaning, and any other maintenance of the device while in place. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-5 EROSION AND SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution ofthe work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 General Requirements Sections: 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion, Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 2. Final Application for Payment, including accompanying documentation IC-134 Form. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS 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 ofthe 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 PROJECT 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 Proj ect Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Notice to clean Project 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. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS 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. 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 CERTIFICATE OF CO:MPLIAi~CE WITH MINNESOTA STATUTES 290.92 & 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, Forms Section, Mail Station 1173, St. Paul, Minnesota 55146-1173, or calling (651) 296-4444. 3.07 MEASUREMENT AND PAYMENT A. All work and costs ofthis Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-3 EXECUTION REQUIREMENIS SECTION 02225 REMOVALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Complete or partial removal and disposal, or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Project 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. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3.C, with the following modifications: 1. All materials designated for removal shall be disposed of outside the Proj ect Site at locations to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the Contractor. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-1 REMOVALS 1.06 PROJECT SITE CONDITIONS A. This work consists of removing the existing pavement, curb and gutter, signs, and other miscellaneous items along Winnetka Avenue and Bass Lake Road within the Proj ect area. 1.07 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 ofthe 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. P ART 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 marmer with the leas.t possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 02315 - Excavation and Fill. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-2 REMOVALS 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 if temporary relocations of mailboxes are necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. All Project 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 waIT1ing 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 ofthe thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of3 inches prior to breaking off the pavement. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-3 REMOVALS 3.05 REMOVE CONCRETE PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.3.B, except as modified below. B. Sawcut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a marmer that the remaining pavement is not damaged. C. 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.B, except as modified below. B. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. 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. 3.07 REMOVE CURB AND GUTTER A. Sawcut 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 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Sawcut concrete surfacing prior to removal. C. Remove concrete in such a marmer 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). 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-4 REMOVALS 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. 3.09 REMOVE MANHOLES AND CATCHBASINS A. Remove all sections of the structure, including the base slab. 3.10 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non-shrink concrete grout 8 inches thick at the upstream and downstream ends. B. Pipe to be abandoned shall be filled with silica sand 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. 3.11 REMOVE RETAINING WALL A. Avoid damage to sections of wall to remain. B. Dispose of materials offsite at a predetermined location. C. Remove wall in its entirety, including footings and tiebacks. 3.12 ABANDON MANHOLE AND PIPE A. Remove casting and rings. B. Remove top section of structure. If top of structure can be adjusted below subgrade with the removal of rings, the top section can remain in place. C. Fill remaining structure and abandoned pipe with silica sand. D. Backfill and compact to 100 percent density to subgrade. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-5 REMOVALS 3 .13 SALVAGE AND REINSTALL A. 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. 2. Remove and salvage all posts, A-frame angle brackets, stringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in-place signs during storage and installation. 4. Remove signs damaged during construction and replace with new signs. B. Hydrant: 1. Salvage hydrants and reinstall in locations as shown on the Drawings or as directed by Engineer. 2. Reinstallation shall be performed as described in Section 02510 - Water Main. 3.14 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be ofthe same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal, or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.15 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Project Site at disposal site selected by Contractor, in compliance with state and local regulations. Burying of material and debris is not allowed within the Project Site. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-6 REMOVALS 3.16 MEASUREMENT AND PAYMENT A. 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. B. 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 ofthe following Bid Items: 1. Saw Concrete Pavement: Per lineal foot along the saw cut line as staked. 2. Saw Bituminous Pavement: Per lineal foot along the saw cut line as staked. 3. Remove Bituminous Pavement: Per square yard of bituminous pavement removed, regardless of thickness. 4. Remove Concrete Pavement: Per square yard, without regard to thickness. 5. Remove Concrete Driveway Pavement: Per square yard, without regard to thickness. 6. Remove Concrete Sidewalk: Per square yard, without regard to thickness. 7. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. 8. Remove Concrete Curb: Per lineal foot ofthe type specified. 9. Remove Bituminous Curb: Per lineal foot. 10. Remove Pavement Markings: Per lineal foot on the basis oflength actually removed. 11. Remove Storm Structure: Per each. 12. Remove Storm Sewer Pipe: Per lineal foot, regardless of size or type, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. 13. Remove Retaining Wall: Per lineal foot. 14. Salvage and Reinstall Sign: Per each. 15. Salvage and Reinstall Hydrant: Per each. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-7 REMOVALS 16. Abandon Manhole: Per each. 17. Abandon Sanitary Sewer Pipe: Per lineal foot. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-8 REMOVALS SECTION 02230 SITE CLEARING PART 1- GENERAL 1.01 SECTION INCLUDES A. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2101- Clearing and Grubbing. 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. 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 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to work oftb...is Section. PART 2 - PRODUCTS Not Used 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING PART 3 - EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing work. B. Assume multiple Mobilizations for the work of this Section. C. Stockpile soil to eliminate contamination with other onsite materials. 3.02 STRIPPING A. 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, as available 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 remam. 3.03 DISPOSAL A. Dispose of all cleared and grubbed material and debris, outside the right-of-way at a site 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 of off the Project Site. D. Project Site burial of any debris is not permitted. 3.04 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 msure safe work conditions, as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-2 SITE CLEARING 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. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Salvage and Respread Topsoil. Measurement will be by the cubic yard of topsoil stripped. Payment at the Bid Unit Price will be considered compensation in full for all work associated with Salvage and Respread ofthe Topsoil. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-3 SITE CLEARING SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART 1- GENERAL 1.01 SECTION INCLUDES A. Adjustment of utility structures. 1.02 RELATED SECTIONS A. Section 02510 - Water Main. B. Section 02630 - Storm Drainage. C. Section 02740 - Plant Mixed Asphalt Pavement. 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). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 8. F594 - Specification for Stainless Steel Nuts. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-1 ADJUST MISCELLAl'lEOUS STRUCTURES B. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 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 ofthe 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. 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: 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3000 psi. 3. Reinforcing: Single hoop 8 gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-2 ADJUST MISCELLAl'lEOUS STRUCTURES 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 C141. 4. Mix Proportions: 1 part cement to 3 parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. 2.03 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: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. 5. Machine cover and frame contact surface for non-rocking protection. 6. Type and Style: NEENAH R1642, Type "B" Lid, or approved equal, for sanitary and storm sewer manholes, and NEENAH R3067, Type. "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. Covers without grate openings stamped with "SANITARY SEWER," or "STORL\1 SEWER" as appropriate. Use 2 inch letters. P ART 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, unless the structure is in the street. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-3 ADJUST MISCELLANEOUS STRUCTURES 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. 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. B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface oftop slab or cone and bottom ring; between surface oftop 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 6 adjusting rings allowed. 8. Use a 6 inch ring where applicable. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-4 ADJUST MISCELLANEOUS STRUCTURES 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. If the existing top section does not have room for proper adjustment, a new top section, of appropriate length, shall be installed. The new top section will be provided by the city. No additional compensation will be made for the installation or adjustment of the new section. 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. D. Patch road to match existing pavement section. 3.05 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 ofthe 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 to 3/8 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, unless the frame is in the street. 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. Adjusted frame upward with standard concrete adjustment rings ofthe 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. 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 of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-5 ADJUST MISCELLANEOUS STRUCTURES G. Adjust valve boxes to 1/8 inch to 3/8 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. 3.06 METHOD OF MEASUREMENT AND PAYMENT A. 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. B. Adjust Valve Box: Measurement will be by each. C. Adjust Frame Ring and Casting: Measurement will be by each. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-6 ADJUST MISCELLANEOUS STRUCTURES SECTION 02315 EXCAVATION AND FILL PART I-GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02318 - Sub grade Preparation. D. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 1.04 SUBMITTALS A. Submit the Following Items: 1. Gradation tests for borrow materials. 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 aggregate base as shown on the Drawings. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-1 EXCA V A TION AND FILL 1.07 SEQUENCING AND SCHEDULING A. Complete sub grade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. B. Complete fInish grading of turf areas within 5 calendar days after backfill. PART 2 - PRODUCTS 2.01 MATERIALS A. Select Granular Borrow: 1. Conform to MnDOT Spec. 3149.2.B2. 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 01570 - Erosion and Sediment Control 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 02225 - Removals. 5. Strip topsoil consistent with Section 02230 - Site Clearing. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation work has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over swamp, marsh, or other locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-2 EXCA V A TION AND FILL 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Perform excavations to the alignment, cross section, and grade as shown on the Drawings and staked by the Engineer. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. No solid rock will be allowed within 12 inches ofthe subgrade. 4. Cut, fill, and grade Project Site to elevations and contours shown on the Drawings with allowances. for pavements, topsoil, and structures. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. Strip topsoil consistent with Section 02230 - Site Clearing. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920 - Lawns and Grasses. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall .conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of sub grade 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-3 EXCAVATION AND FILL 2. Finish grading of select granular borrow for sub grade prior to placement of an aggregate base course 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. b. Subgrade to be completed and approved by the Engineer prior to installation of select granular borrow. 3. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.08 MEASUREMENT AND PAYMENT A. 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 5, except as modified in the following. B. A Bid Item has been provided for Select Granular Borrow (CV). Select Granular Borrow shall be paid for by the number of cubic yards compacted in place and calculated from design widths, depths, and lengths. If the material is furnished by the Contractor, it must meet all material requirements, and payment shall include furnishing, placing, compacting, and shaping the material and all miscellaneous items associated with the work. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-4 EXCA V A TION Ai'm FILL SECTION 02318 SUBGRADE PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting sub grade prior to placing a base or surface course. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Sub grade preparation shall be performed prior to placement of the select granular borrow or aggregate base material. B. Complete sub grade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. P ART 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-1 SUBGRADE PREPARATION 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 1-112 inch. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3Fl, 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 sub grade 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. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.05 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for Sub grade Preparation. Subgrade preparation and all related work shall be considered incidental to the Project with no direct compensation made therefore. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-2 SUBGRADE PREPARATION SECTION 02320 TRENCH EXCAVATION AND BACKFILL PART I-GENERAL 1.01 SECTION INCLUDES A. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. 1.02 RELATED SECTIONS A. Section 02230 - Site Clearing. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM): 1. D2321 - Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. 2. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibflft). C. American Water Association (A WW A): 1. C150 - Thickness Design of Ductile Iron Pipe. 2. C 151 - Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand- Lined Molds for Water and Other Liquids. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-1 TRENCH EXCA V A TION AND BACKFILL 1.04 SUBMITTALS A. Provide the Following Submittals: 1. Product Data: a. Each Borrow Material: 1) Name and location of source. 2) 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 the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Project Site. Required when foundation is soft or unstable. D. Course Filter Aggregate: Free draining mineral product used around draintile pIpe. E. Rock Excavation: Includes such rocks as 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-2 TRENCH EXCA V A TION AND BACKFILL 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. 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 inch as measured by a 10 foot straight edge will be repaired in a marmer 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. 3149.2.Bl for granular borrow: a. No onsite granular material encountered during construction may be used. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1. Class C-l Bedding: a. Undisturbed soil. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-3 TRENCH EXCAVATION Al'ID BACKFILL 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H 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 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149 .2.B 1 for Granular Borrow: 1. No Project Site granular material encountered during construction may be used. 2. Aggregate Size: 1 inch maximum. 2.04 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 churrks, and other similar unsuitable material. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-4 TRENCH EXCA VA TI0N AND BACKFILL E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil 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 carmot 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. 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 Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a marmer that will not endanger the work, or obstruct sidewalks, driveways, gutters, etc. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-5 TRENCH EXCA VA TION AND BACKFILL 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a marmer 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. B. 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 there after. Keep a daily log of hours pumped. C. 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 plarmed 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 plarmed pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-6 TRENCH EXCA VA TION AND BACKFILL 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 meeting the requirements of Paragraph 2.05.B of this Section: 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. 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. 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-l Bedding. C. Ductile Iron Pipe: Bed pipe in accordance with A WW A 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 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-7 TRENCH EXCA VA TI0N A,'\fD BACKFILL 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. 2105.3Fl "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 Proj ect Site. 3.07 RESTRlCTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adj acent structures. 3.08 FIELD QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Project 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-8 TRENCH EXCA VA TION AND BACKFILL 3.09 MEASUREMENT AND PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe provided. B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. C. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. D. Density Tests: 1. Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the Contractor. E. Dewatering: No explicit, direct payment is made for this work. Include the costs in the Bid Unit Prices for the pipe or structure installed. F. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-9 TRENCH EXCA V A TION AND BACKFILL SECTION 02510 WATER MAIN PART 1- GENERAL 1.01 SECTION INCLUDES A. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02315 - Excavation and Fill. C. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Water Works Association (A WW A): 1. CI04 - American National Standard for Cement Mortar Lining for Ductile-Iron Pipe and Fittings for Water. 2. C105 - American National Standard for Polyethylene Encasement for Ductik.Iron Pipe Systems. 3. Clll - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C 151 - American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water. 5. C153 - American National Standard for Ductile-Iron Compact Fittings, 3 Inch Through 24 Inch, and 54 Inch Through 64 Inch, for Water Service. 6. C504 - A WW A Standard for Rubber-Seated Butterfly Valves. 7. C509 - A WW A Standard for Resilient-Seated Gate Valves for Water Supply Service. 8. C600 - A WW A Standard for Installation of Ductile-Iron Water Main and Their Appurtenances. 9. C651 - A WW A Standard for Disinfecting Water Mains. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-1 WATER MAIN B. American Society of Testing and Materials (ASTM): 1. A48 - Gray Iron Castings. 2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 4. D2842 - Standard Test Method for Water Absorption of Rigid Cellular Plastics. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 3760 - Insulation Board (Polystyrene). D. National Electrical Manufacturers Association (NEMA): 1. WC 70 - Non-Shielded Power Cables Rated 2000 Volt or Less for the Distribution of Electrical Energy. 1.04 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. C. 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. D. Successfully complete required test and inspections before restoration of surface. P ART 2 - PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: A WW A C 1511 A21.51. B. Cement-mortar lining conforming to AWWA CI04/A21.4. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-2 WATER MAIN C. Class 52 for diameters less than 20 inches. D. Class 51 for 20 inch diameter or greater. E. Fittings: AWWA CI53/A21.53, Ductile Ir:on, 250 psi working pressure, AWWA CIIl1A21.11 latest revision, mechanical joint or push-on. F. Spray exterior fitting nuts, bolts, and megalugs using a bituminous coal tar as supplied by the manufacturer. G. Wrap all pipe and fittings according to pipe encasement requirements. H. Cor-Blue T-Bolts shall be required on all mechanical joint fittings. 2.02 HYDRANT A. General Requirements: A WW A Standard C-502. B. SpeCified Hydrant: WB-67-250, or approved equal. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two (2) - 2-112 inch hose connections. E. One (1) - 4-1/2 inch steamer. F. National standard operating nut. G. 5 inch valve opening. H. 6 inch mechanical joint pipe connection. 1. Break-off flange with breakable rod coupling. J. 8 feet - 0 inch cover. K. 16 inches high traffic section. L. Nozzle caps attached to hydrant with metal chains. M. Stainless steel hardware. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-3 WATER MAIN 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 #VI814-R at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.03 GATE VALVE AND BOX A. General Requirement: A WW A C509. B. Bronze mounted, iron body valves. C. a-ring seals. D. Non-rising stem, opening by turning counter clockwise, 2 inch square operating nut. E. Mechanical joint ends conforming to A WW A Cll1/A21.11. F. Stainless steel hardware. G. Spray exterior nuts and bolts and megalugs USIng a bituminous coal tar, as supplied by the manufacturer. H. Wrap gate valves according to Paragraph 2.07 - Pipe Encasement. 1. 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. 5-114 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. 2.04 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-4 WATER MAIN 2.05 JOINT RESTRAINT A. Mechanical Joint Restraint: 1. Ductile iron. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc., Mega-lug, or approved equal. Mega-lug and retainer glands are not allowed on existing cast iron pipe. 4. Spray exterior ductile iron nuts and bolts using a bituminous coal tar as supplied by the manufacturer and wrap according to Paragraph 2.07 - Pipe Encasement. B. Tie Rods: Steel rods with "Star" brand tie bolts. 2.06 PIPE ENCASEMENT A. Polyethylene: Conform to AWWA CI05/A21.5, Class C (Black), tube form. Material shall conform to ASTM A674. 2.07 INSULATION A. Conform to MnDOT Spec. 3760. PART 3 - EXECUTION 3.01 PREPARATION A. Conform to Section 02320 - Trench Excavation and Backfill. 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 AWWAC600. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-5 WATER MAIN 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. 1. Installing Fittings: 1. General Requirements: A WW A C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. J. Backfilling: Conform to Section 02320 - Trench Excavation and Backfill. 3.03 INSTALLATION OF HYDRANT 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 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. E. Maintain hydrants in a plumb position during the backfilling operation. F. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-6 WATER MAIN 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the marmer 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. 3.05 ANCHORAGE A. Brace fittings and hydrants securely against undisturbed soil using precast concrete block. Mega-lug or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Where lines terminate with plugs, restrain the plug and next 2 joints with 3/4 inch tie rods in conjunction with the blocking, as directed by the Engineer. The number of rods required is as follows: Pipe Size 6 Inch 8 Inch 12 Inch 16 Inch 18 Inch 20 Inch 24 Inch No. of 3/4 Inch Rods 2 2 4 6 6 8 10 3.06 INSULATION A. Review Insulation Installation with Engineer: 1. 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. 3.07 TEMPORARY WATER SERVICE A. No temporary water service requirements are anticipated for this Project. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-7 WATER MAIN 3.08 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. Megalug type restraints shall not be allowed on cast iron pipe. 3.09 PROTECTION A. Existing valves and hydrants shall be operated by the Public Works Department, 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. 3.10 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. Required Tests and Inspection: 1. Hydrostatic Pressure Test: a. Minimum Test Pressure: 150 psi. b. Test Duration: 2 hours. c. Criteria: No drop in pressure allowed. d. Testing gauge shall be liquid filled, 4-1/2 inch diameter, labeled in 1 psi increments, such as Ashcroft Model 1082, or approved equal. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-8 WATER MAIN e. All lines, including hydrant leads, water services, and stubs, shall be tested. Services will be testes to the new curb stops. 2. Disinfection: a. General Requirement: A WW A C651 - Disinfecting Water Mains (Tablet Method). b. Place hypochlorite tablets In each section of pipe and all appurtenances: 1) Attach tablets to top of pipe with a food grade adhesive such as denture grip. 2) The number of tablets required per 20 foot length of pipe based on 3-114 grain available chlorine per tablet is as follows: Diameter 4 Inch 6 Inch 8 Inch 10 Inch 12 Inch 16 Inch 18 Inch 20 Inch 24 Inch No. of Tablets 1 2 3 4 5 9 12 14 20 c. Fill main with water at a velocity of less than 1 foot per second if tablet method is used and let sit for 48 hours. d. Flushing, by Contractor, may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. e. 1 bacteria test is required for every 2000 feet of water main installed, with a minimum of 2 sample tests per Project. Bacteria test shall be done by Contractor. 3. Conductivity: a. Conductivity shall be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts, except when PVC or HDPE pipe is used. b. Current - 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-9 WATER MAIN c. Lines must be filled with water prior to test. d. All lines, including hydrant leads, water services, and stubs, shall be tested. 3.11 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: 1. 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 fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. B. No Bid Items have been provided for Steel Rodding. Steel Rodding shall be considered incidental to water main installation with no direct payment made. C. No Bid Items have been provided for Testing. Testing shall be considered incidental to water main installation with no direct payment made. D. If offsets are required, payment will be made using the Bid Prices for the actual pipe length used and the fittings used. No additional compensation will be made. E. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-10 WATER MAIN SECTION 02630 STORM DRAINAGE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Storm sewer pIpe, manholes, catch basins, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 01310 - Proj ect Management and Coordination. B. Section 01570 - Erosion and Sediment Control. C. Section 02280 - Adjust Miscellaneous Structures. D. Section 02315 - Excavation and Fill. E. Section 02320 - Trench Excavation and Backfill. G. Section 02720 - Aggregate Base Course. H. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware. 3. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 4. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 5. C150 - Specification for Portland Cement. 6. C206 - Specification for Finishing Hydrated Lime. 7. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-1 STORM DRAINAGE 8. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 9. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 10. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 11. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 12. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 13. F794 - Specification for Poly (Vinyl Chloride) (pVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2511 - Rip Rap. 2. 3601 - Rip Rap Materials. 3. 3733 - Geotextiles. 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 02720 - Aggregate Base Course and Section 02770 - Concrete Curb and Gutter. 1.05 SUBMITTALS A. Conform to Section 01310 - Proj ect Management and Coordination. B. Shop Drawings: 1. All storm sewer structures. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-2 STORM DRAINAGE C. Manufacturer's Certificate of Compliance for: 1. Gray iron castings. 2. Precast manhole sections. 3. Rip rap. PART 2-PRODUCTS 2.01 MATERIALS A. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 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 mixture 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: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STORM SEWER." 4. Covers with 2 concealed pick holes of approved design. 5. Weight: Minimum of380 lbs. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-3 STOR1\1 DRAINAGE 2.03 STORM MANHOLES AND CATCH BASINS A. General: 1. Requirements: ASTM C478, details on the Drawings. 2. Diameter and special requirements are shown on the Drawings. 3. Structures shall be of precast concrete. 4. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block may be used for the lower portion of structures over large pipe only when approved by the Engineer. 5. Manhole Joints: Rubber o-ring gasket type meeting ASTM C443. 6. Segmental Manhole Blocks: Blocks conform to ASTM C139. 7. Structure bases shall be pre-cast. 8. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. General Requirement: ASTM C76 Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. a-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: Class 3, unless otherwise noted 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. B. Polyvinyl Chloride (PVC) Pipe and Fittings (15 Inch Through 42 Inch Diameter):' 1. General Requirements: ASTM F794. 2. Materials: The pipe and fittings shall be made from polyvinyl chloride compounds which comply with the requirements for a minimum Cell 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-4 STORM DRAINAGE Classification of 12454B, 12364A, or 13343C as defined by ASTM D1784. Homopolymer PVC compounds must meet or exceed the requirements of the above listed minimum cell classification number. PVC compounds of other cell classifications shall be pre-qualified. Additives and fillers, including but not limited to stabilizers, antioxidants, lubricants, colorants, etc., shall not exceed 10 parts by weight per 100 of PVC resin in the compound. 3. Pipe shall have integral wall bell and spigot joint with elastomeric seal joints. The minimum pipe stiffuess shall be 46 pounds per square inch (psi) at 5 percent deflection. 4. Joints shall conform to ASTM D3212. Joints shall be push-on type only with the bell-end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F477, and be factory installed and chemically bonded to the bell-end of the pipe. Natural rubber gaskets will not be accepted. 5. Each pipe shall be identified with the manufacturer's name, trade name or trademark and code, nominal pipe size in inches, the PVC minimum cell classification, the legend "PS 46 PVC Sere Pipe," and ASTM F794. PART 3 - EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 02320 - Trench Excavation and Backfill. 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 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 offsite: 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 Proj ect. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-5 STORiVl DRAINAGE 4. Utilize standard bell and spigot joint with rubber o-ring gasket ifpossible. 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. B. 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 relaid as directed by the Engineer. C. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-6 STORM DRAINAGE 3. 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. 4. Preformed inverts not allowed where pipe grades are 2 percent or greater, unless design grade is built through the manhole. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps: a. Locate on the downstream side except for pipe 24 inches in diameter or greater. Then place where most appropriate to provide the most suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. 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. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 02280 - Adjust Miscellaneous Structures. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost ofthe pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-7 STORM DRAINAGE 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. 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 pipe. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-8 STOR..t\1 DRAINAGE 3. Mandrel Test: (If using PVC or HDPE Storm Sewer Pipe): a. Perform on PVC or HDPE main after installation has been completed. b. Minimum waiting period of 30 days after completion of installation prior to performing test. c. Contractor to furnish the mandrel and all labor, materials, and equipment necessary to perform the test. d. Engineer must be present during pulling of the mandrel. e. Deflection of inside diameter of pipe in excess of 5 percent shall be considered failure of the test. f. Contractor shall repair / replace any failing segment of main such that it successfully passes the test. All costs for such work, including but not limited to excavation, new materials, and restoration of surface to existing condition shall be the sole expense of the Contractor. g. Owner reserves right to measure deflection of PVC pipe at any time during the warranty period. If at any time during the warranty period, the inside diameter of the pipe deflects in excess of 5 Percent the Contractor shall remove and replace the pipe at their expense. 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 inch x 4 inch timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01570 - Erosion and Sediment Control. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-9 sTORrv! DRAINAGE 3.05 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based upon units of lineal feet for each size, type, and class 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: 1. Pipe bedding will be paid in accordance with Section 02320 - Trench Excavation and Backfill. 2. For Pipe Sizes 12 Inches to 18 Inches: PVC or RCP allowed. 3. For Pipe Sizes Greater than 18 Inches: RCP allowed. B. Bid Items have been provided for Catch Basin, Catch Basin Manhole, and Storm Manhole. Measurement will be based upon units of each, according to type and size, to a depth of 8 feet, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. C. Bid Items have been provided for Connect Existing Storm Pipe to Structure, Connect Storm Pipe to Existing Structure, and Connect to Existing Pipe. Measurement shall be per each connection made, regardless of size of opening, size of the pipe, type of existing bulkhead, type of existing structure, or type of pipe. 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. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-10 STOIUvI DRAINAGE SECTION 02720 AGGREGATE BASE COURSE PART I-GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared sub grade. 1.02 RELATED SECTIONS A. Section 02318 - Sub grade Preparation. B. Section 02740 - Plant Mixed Asphalt Pavement. C. Section 02750 - Rigid Pavements. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 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. Sub grade 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. PART 2 - PRODUCTS 2.0 I MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-1 AGGREGATE BASE COURSE PART 3 - EXECUTION 3.01 PREPARATION A. Prepare the sub grade in accordance with Section 02318 - Subgrade Preparation. B. Subgrade and select granular borrow 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. Compact by mechanical means to 100 Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 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:t 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. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-2 AGGREGATE BASE COURSE 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Aggregate Base, Class 5 (CV). Aggregate Base shall be paid for by the number of cubic yards calculated from the design widths, depths, and lengths. Payment at the Bid Unit Price shall include material, placement, compaction, water, and all items incidental to complete aggregate construction. No payment shall be made for additional material used due to low sub grades, spillage, tolerances, etc. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-3 AGGREGATE BASE COURSE (2360) PLAJ.~T lVIIXED ASPR!\L T P A VEl\1E~l Combined 2360/2350 (GyratorylMarshall Design) Specification For 2004 Construction Season - This Specification requITes the Contractor to provide a mi'X that complies with all of the design, production, and placement requirements of the specification. The Idepn...~en{- O\vner does not make any guaranty or warranty, either express or implied, that compliance with one pan of this specification guarantees that the Contractor will meet the other aspects of the specification. 2360.1 _AJI Sections titled 2360 also apply to 2350. DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt-aggregate mixture on the approved prepared foundation, base course or existing surface in accordance 'With the specifications and in conformity with the lines, grades, thicknesses and typical cross sections shmvn on the plans or established by the Engineer. Mi"ffilre design will be either 2360 or 2350 (gyTatory or Marshall) as described in the Spec:::.: P;:;]'::::o:J..: Drawinf!s through the mi..uure designation. A (4) Mixture Designations :tvli"ffilre designations for asphalt mi'ctures contain the following information: (1) The first two letters indicate the mixture design type: SP = GyTatory Mi..xture Design LV = Marshall:Lvli.xture Design - Low Volume, 50 blow MV = Marshall Mixture Design - Medium Volume, 50 blow SM = Gyratory Mixture Design for Stone Matrix Asphalt (SMA) (2) The third and fourth letters indicate the course: W"E = Wearing and Shoulder Wearing Course NW = Non-Wearing Course (3) The fu'1:h letter or number indicates the maximum aggregate size"': A or 4 = 12.5mm [112 inch], SP 9.5 mm [3/8 inch]"'''' B or 3 = 19.0mm [3/4 inch], SP 12.5 mm [112 inch]*'" Cor 2 = 25.0mm [1 inch], SP 19.0 mm [3/4 inch]"'''' 5 = 9.5rnm [3/8 inch], 4.75 m.m [#4] nominal size (lvlarshall design only) E = See provision for SMA. design '" Letter is used in gyratory designation; number is used in Marshall designation "'''' Nominal maximum aggregate size For Gyratory Design: The si~ill digit indicates the Traffic Level (ESAL's x 106) Tue requITements for gyratory mi'Ctures in this specification are based on the 2Q::year design traffic level of the Project expressed in Equivalent Single Axle Loads (ES.AL's). The five traffic levels are sho'WTI below in Table 2360.1-A. 2360/2350 Combined Specification December 9, 2003 Traffic Level , 20 Year Design ESAL's (1 x 100 ESAL's) 21 <1 ..,2 1 to < 3 .:J 4 3 to < 10 5 10 to <: 30 6 SjyiA Table 2360.I-A Traffic Levels 1 -- (A..A..DT '# 2300) 2 -- (2300< AA..DT <6000) For Marshall Design: The STh:tb. and seventh digit indicate the Marshall design blows: 50 blow design for both LV and MY mixtures (5) The last hVo digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 35 = 3.5% for MY \-Vear and Non-Wear 30 = 3.0% for LV Wear and Non-Wear and SP Non-Wear and Shoulder (6) The letter at the end of the mL'Cture designation identifies the asphalt binder grade: A = PG 52-34 B = PG 58-28 C = PG 58-34 D = PG 58-40 E = PG 64-28 F = PG 64-34 G = PG 64-40 H = PG 70-28 1= PG 70-34 L = PG 64-22 Ex: Gyratory ML'cture Designation -- SPVlEB540E (Design Ty-pe, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: Marshalllvf.L.-.-.rture Designation - L V\iVE35030B (Mi'i: Type, Lift, Agg Size, Marshall blows, Voids, Binder) Ex: SjyiA Mixture Designation -- SM\VEE640H (Design Ty-pe, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum paving lift thickness will be based on maximum aggregate size: Aggregate Size A, 4*; B, 3*: Aggregate Size 5*: Aggregate Size C, 2* (farnan-wear only): * Marshall designation Minimum Lift thickness = 40 mm [1 'li inch] Minimum Lift thickness = 20 mm [3/4 inch] Minimum Lift thickness = 65 mm [2 'li inch] 2360.2 lYLA TERIA..LS A Aggregate Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof. It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. Page 2 of 48 2360/2350 Combined Specification December 9,2003 The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loam, or silt. Overburden shall not be blended into the asphalt aggregate. Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, type or size of material. A2 Classifica tion Tne aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specit'1ed in the Contract. A2a Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non-Class A aggregate. This recognizes the fact that some quarries may contain small pockets of non-Class A material within that source. Intentional blending or addition of non-Class A material is strictly prohibited! A.2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (gneiss or schist) A2c Class C gravel deposit. Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural A.2d Class D Class D aggregate shall consist of 100 percent crushed natural gravel. The crushed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification permits for the maximum size of the aggregate in the composite asphalt mixture. The amount of carryover (material fmer than) the selected screen shall not exceed ten percent. A2e Class E Class E aggregate shall consist of a mixture of any two or more of the above classes of approved aggregate (A, B, and D). The use of Class E aggregate, as well as the relative proportions of the different constituent aggregates, shall be subject to the approval of the Engineer. The relative proportions of the constiment aggregates shall be accurately controlled either by the use of a blending belt approved by the Engineer prior to production or by separately wei:;nillg each aggregate during batching operations. A2f Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Stockpiles will be accepted for use if the total expansion, determined by ASTM D4792, is less than 0.50%. "''''0 -"""'0 Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined westerly of a north-south line located east ofBiwabik, j\;fn (R15W-R16W); except that taconite tailings from ore mined in southwestern Wisconsin will also be pennitted for use. Page 3 of 48 2360/2350 Combined Specification December 9,2003 Approved taconite tailing sources are on file with the Department Bituminous Engineer. A2h Scrap Asphalt Shingles Scrap asphalt shingles may be included.in both wear and non-wear courses to a maximum of 5 percent of the total weight ofmh:ture. Only scrap asphalt shingles from manufacturing waste are suitable~ The percentage of scrap shingles used will be considered part of the ma..--cimutn allowable RAP percentage. Refer to Section 2360.2 G 1 to select a virgin asphalt binder grade (use requirements for> 20% RAP, regardless of total R.A..P/shingle percentage). Scrap Shingle Specifications are on file in the Bituminous Office. A2i Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non-wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate source for up to 100 percent of the aggregate in wear and non-wear mi'rtures. All salvaged aggregate shall be stockpiled uniformly to limit variation in mixture properties. Salvaged aggregates shall meet quality and crushing requirements as specified herein. A'" _"Uo J . Waste Incinerator Ash (WM) Waste incinerator ash is allowed as an aggregate source in both wear and non-wear courses to a maximum of 5 percent of the rotal weight of mixrure. Only Wi-A. that meets the Tier II hazard evaluation criteria as approved by iYfn/DOTs Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on :file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined R.AJl and virgin aggregate shall meet the composite fine aggregate angularity or calculated crushed requirements (ooth coarse and fine aggregate) for the mixture being produced (calculated crushed allowed for Marshall design only). R.AJl containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. Asphalt binder content in the RAP shall be determined according to MD/DOT Lab Manual Method 1851 or 1852. B Manufactured Crushed Fines (-4 material) .All Class A, B, D, and E material that passes the 4.75 mm [#4J screen will be considered as crushed fines. Manufactured Crushed Fines (-4 material) from Class C Aggregate. Produce manufactured crushed fines (-4 material) from a gravel source by passing the gravel over a selected screen, 9.5 mm [3/8 inch J or larger, prior to mechanical crushing. The material which passes the 9.5 mm [3/8 inch] screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. Tne amount of carryover (material finer than) the selected screen shall not exceed ten percent. The material retained on the 9.5 mm [3/8 inch] screen shall be crushed. The material that passes the 4.75 mm [#4] screen, after crushing, will be considered as 100% crushed fines. Material retained on the 4.75 mm [#4] screen after crushing will nor be counted as +4 crushing until tested. Page 4 of 48 2360/2350 Combined Specification December 9,2003 C Quality Requirements Cl Los Angeles Rattler Test ..........................................................................................A.A..SHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction (material retained on the 4.75 rnm [#4] sieve shall not exceed 40 perc.ent for any individual source used within the mix. An. aggregate proportion which passes the 4.75 rnm [#4] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the rni"rture. C2 So undness (Magnesium Sulfate) ............................................................................AASHTO Tl 04 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the 4.75 rnm [#4]) shall not exceed the following for any individual source used 'iYithin the mix: * a) No more than 14 % loss on the 19 rnm [3/4 inch] to 12.5 rnm [1/2 incj:J.] and larger fractions. b) No more than 18% loss on the 12.5 rnm [1/2 inch] to 9.5 rnm [3/8 inch] fraction. c) No more than 23% loss on the 9.5 rnm [3/8 inch] to 4.75 rnm [#4] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). .. 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. An aggregate proportion which passes the 4.75 rnm [#4] sieve and exceeds the requirements listed above on the coarse aggregate fraction is prohibited from use in the mi>crure. C3 Spall Materials and Lumps ...........................................................Mn/DOT Laboratory Manual Spall is defined as shale, iron oxide, unsound cherts, pyrite, highly weathered and/or soft phyllite and argillite (may be scratched Vlith a brass pencil), and other materials having similar characteristics. Lumps are defined as loosely bonded aggregations and clayey masses. If the percent oflumps measured in the stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry batching. This procedure may be repeated at any time at the discretion of the Engineer. MaWnum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3-B2a. C4 Insoluble Residue Test....................................................................Mn/DOT Laboratory Manual If Class B carbonate material is used in the mix, the minus 0.075 mm [#200] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360J-B2a. E Gradation Requirement The coarse and fine aggregate shall be combined in such prop or Lions to produce an asphalt rniuure meeting all of the requirements defined in this specification and shall conform to the gradation as defined in Table 2360.2-E. Gradation testing shall be conducted in accordance with A.A..SHTO T-ll (~0.075 rnm [ :':'200] wash) and T-27. Page 5 of 48 2360/2350 Combined Specification December 9,2003 Table 2360.2-E Aggregate Gradation Broad Bands (% passing of total washed gradation) Sieve Size A or 4 * 1- B od * C or 2 * 1 5* E (rom [inch]) (S1\1A.) 25.0 [1 inchJ I 100 I See SNIA Provisions 19.0 [3/4 inchJ I I 100 85-100 I I 12.5 [112 inchJ 100 I 85-100 I 45-90 9.5 [3/8 inchJ I 85-100 I 35-90 I - I 100 4.75 [#4J I 25-90 I 20-80 20-75 65-95 2.36 [#8] I 20-70 I 15-65 I 15-60 45-80 I 0.075 [#200J 2.0-7.0 I 2.0-7.0 I 2.0-7.0 2.0-7.0 I "'Marshall DesIgnatIOn F Additives An additive is any material added to an asphalt rni'rture or material, such as mineral filler, hydrated lime, asphalt additives, anti-strip, and similar products that do not have a specific pay item. When a Contract requires additives, compensation is included with the pay items for the appropriate rni'rture. lfthe Engineer directs the Contractor to incorporate additives, the compensation will be as Extra Work, at the'unit price specified in the proposal. The D:;y::"'7.:::J::l~ Ovmer will not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the rni'ctU.re without approval of the Department Bituminous Engineer. Anti-foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent, respectively, of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. F1 wIin eral Filler. ................... ......................... ........ .......... ................ ........... ....... ..... ....... ..... ..... ..... 3145 F2 Hyd ra ted Lim e ................. ..................... ...................... ................................. ...................... ....... 3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subj ect to approval by the Engineer prior to beginning mixture production. F3 Liquid A..nti-Stripping Additive Wilen a liquid anti-strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is rni'l:ed with the aggregate. Liquid ami-strip additives that alter the asphalt binder, such that it fails to meet the Performance Grade (pG) requirements, shall not be used. Liquid anti-strip may be added by the supplier at the refmery or by the Contractor at the plant site. The company/supplier adding the additive shall be responsible for testing the binder/additive blend to ensure compliance with the A...A..SHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder/additive blend has been tested and results show that binder/additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a MnlDOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. Page 6 of 48 2360/2350 Combined Specification December 9,2003 Tile following requirements for .HM..A. mixture and asphalt binder must also be met when liquid anti-strip is added at the HMA plant site. 1) 2) 3) 4) 5) 6) 7) 8) 9) F4 G Mixture Requirements at Desig-n: 1) The Contractor must design the mi'Cture with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mi'Cture Design (Option 1) and Modified 1Vu'Cture Design (Option 2). 2) Tile Contractor must provide documentation With either design option that includes Tensile Strength Ratio results with the liquid anti-strip dosed at the optimal rate. Documentation must include verification the binder/additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testing- Requirements for Asohalt Binder/Liquid Anti-Strio Blend: 1) The Contractor shall, on a daily basis, sample and test the asphalt binder/anti-strip blend. Testing of the blend can be by viscosity, penetration, or dynamic shear rheometer (DSR). Wnen a polymer modified asphalt binder is specified, the Contractor shall use the DSR as the daily QC test. 2) The Contractor shall, on a weekly basis, send the Engineer and Mn/DOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing as required in number 1. 3) Tne Contractor shall, on a bi-weekly basis, test the binder/anti-strip blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder (minimum l/project). Test results shall be sent to the Engineer and MIlIDOTChemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binderhll1ti-strip blend field verification samples according to 2360.4 E12. Liquid Anti-Strip Additive Metering- Svstem: The metering system shall include a liquid anti-strip flow meter in addition to an anti-strip pump. The flow meter shall be connected to the liquid anti-strip supply to measure and display only the anti-strip being fed to the asphalt binder. The meter readout shall be positioned for convenient observation. There shall be a means provided for comparing the flow meter readout with the calculated output of the anti-strip pump. See number 7. The system shall display in units of liters [gallons] to the nearest liter [gallon] or in units of metric tons [tons] to the nearest 0.001 m.etric tons [0.001 tons], the accumulated anti-strip quantity being delivered to the mixer unit. Tile system. shall be calibrated and adjusted to maintain an accuracy of:t one percent error. Calibration shall be required for each plant set-up prior to production of mi'Cture. Tue Engineer may require, on a daily basis, the Contractor "stick" the anti-strip tank at the end of the days production to verify anti-strip usage quantities. The system shall provide for a convenient method for sampling the binder/anti-strip after blending has occurred. Alternative blending and metering systems must be pre-approved by the Engineer Coating and Anti-Stripping Additive ...................................................................................... 3161 A.sphalt Binder lV1aterial ......................................................................................A'"~SHTO 1\'1 320 Asphalt binder material shall meet the requirements ofPG asphalt binder testing tolerances,' sampling rates, testing procedures, and acceptance criteria based on the most current MnlDOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the Department Bituminous Engineer approves it. Tile Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum. mixing and compaction temperatures. Page 7 of 48 2360/2350 Combined Specification December 9, 2003 G1 Asphalt Binder Selection Criteria for All Mixtures with RAP Overlay I Specified PG Asphalt I Virgin Asphalt Binder Grade to be used with RAP Binder Grade I < 20% R-U> I > 20% RAP I 64-22 I 64-22 I 64-28 I Other PG Grades I No grade adjustment I No grade adjustment New Construction (1) I Specified PG Asphalt I Virrrin Asohalt Binder Grade to be used with R.-U> Bind~r Grade I :::; 20% R.-U> > 20% RAP I 52-34 I 52-34 I Not allowed * I 58-28 , 58~28 58-28 I 58-34 I 58-34 Not allowed * I 64-28 I 64-28 64-28 I 64-34 I 64-34 I Not allowed * , Other PG Grades I No grade adjustment I Not allowed * '" v,,'hen approved by the Engineer, the virgin asphalt binder grade can be selected by using the blending chart procedure on file in the Bituminous Office. NfnJDOT may take production samples for . information/verification of compliance with a specified asphalt binder grade. Includes cold inplace recycle, reclaiming, and reconstruction. (1) 2360.3 lVllXTURE DESIGN A :Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design options. Review ofmi'iture designs will be performed in the District Materials Laboratory lab where the Project is located. The addition of aggregates and materials not included in the original mL'cture submittal is prohibited. It is the Contractor's responsibility to design a Marshall mixture in accordance with the most current AA.SHTO T-245, the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS-2, and the MnlDOT Laboratory Manual such that it meets the requirements of this specification. For Marshall design, the design air void coment of the mixture is dependent on the mixture type, regardless of the location in the pavement structure. Design air void content for LV and MV mixrures is 3.0% and 3.5%, respectively. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most current AASHTO T-312, the Asphalt Institute's Superpave Mix Design Manual SP-2 (2-hour shon term aging period is used for volumetric), and the MnlDOT Laboratory Manual such that it meets the requirements of this specification. For gyTatory design, the design air void content of the mix-rure at design shall be 4.0% at the design number of gyrations (Ndesign) for mix"tures placed in the upper 100 mm [4 inches] of the finished surface. The design air void coment of the mixture at design shall be 3.0% at the design number of gyrations (Ndesign) for mixtures placed at depths more than 100 mm [4 inches] from the surface and on all (wear and nonwear) shoulders that do not . carry traffic. If less than 25% of a layer is within 100 m.m [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes (non-wear). Page 8 of 48 2360i2350 Combined Specification December 9, 2003 esign Air Void Requirement for Gvratory :Mixtures I SP Wear I SP Non-wear I SP Shoulder** Location from I ~ 100 mm [4 inch]* I > 100 mm [4 inch]* I AIl Wear and surface Non-Wear Air Voids I 4.0% I 3.0% I 3.0% D * If less than 25% of a layer is within 100 mm [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes. ** Shoulders that do not carry traffic. B Laboratory Mixture Design (Option 1) Test results and documentation as described in Section 2360.3C shall be submitted with the materials described below for ~onsideration by the Depfu-tment Bituminous Engineer or District Materials Engineer to verify compliance with these speciL"1cations and to issue a ML'rture Design Report. BI Aggregate sample At least 15 working days prior to the start of asphalt production, the Contractor shall submit to the Department Bituminous Engineer or the District Materials Engineer a 35 kg [80 poundJ sample of representative aggregate retained on the 4.75 mm sieve [#4J and a 15 kg [35 pound] sample of material passing the 4.75 mm sieve [#4] for quality testing. The Contractor shall provide 24 hour notice of intent to sample aggregates. These samples wiII be tested for quality of each source, class, type, and size of virgin and non-asphaltic salvage aggregate source used in the mi'{ design. The Contractor shall retain a companion sample of equal size until a Nfi'Cture Design Report is issued. Quality requirements are defined in Section 2360.2C. Aggregates that require the magnesium sulfate soundness test shall be submitted to the Department Bituminous Engineer or District Materials Engineer at least 30 calendar days prior to the start of asphalt production. Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production, the Contractor shall submit in ''iriting a proposed Job Nfi'{ Formula (J1vIT) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for revie,v. A Level II Quality Managemem mi'{ designer must sign the proposed JMF. For each J1vlF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3-B2b and 2360.3-B2c. The proposed J1vIT shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mi'cture sample plus briquettes compacted at the optimum asphalt content and required compacrive effort conforming to the JMF for laboratory examination and evaluation. Nfixturesample size and number of compacted briquettes are as follows: 1 Iixture . ample Reauirements Item I Gyratorv Design I Marshall Design Un-compacted ivIixmre Sample Size I 30 Kg [75 poundsJ I 18 Kg [40 pounds] Number of compacted briquettes I 2 -, 3 Table 2360.3-B2 IV S B2a Mixture Aggregate Requirements Tue aggregate fractions shall be sized, graded, and combined in such proportions that the resulting mixture will meet the requiremems listed in Section 2360.2-E and Table 2360.3-B2a shown below. Page 9 of 48 2360/2350 Combined Specification December 9,2003 Table 2360.3-B2a M't A R , ..J 1 IX ure _ .ggregate eqUlrements Traffic I Traffic I Traffic I Traffic I S1'fA Aggregate Blend Property Level 2& LV Level 3 & MY Level 4 Level 5 T. Level 6 20 year Design ESAL's <1 million '1 1 - 3 million I 3 -10 I 10 - 30 I See SM..A. million million Provisions Coarse Aggregate Angularity (ASTMD5821) 30/- 551- 85 1 80 95/90 - (one face 1 two face), %- Wear 30/- 55/- 601- 80/75 (one face 1 two face), %- Non W ear Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40(2) 4i1) 44 45 - %-Non-Wear 40(2) 40(1) 40 40 Flat and Elongated Particles, max(2J % I 10 10 I 10 1 by weight, (ASTM D 4791) - (3:1 ratio) (3 : 1 ratio) (3:1 ratio) - Clay Content(2) (AA.SHTO T 176) I - I - 45 I 45 I - I I I I Total Spall in fraction retained on the 1 5.0 I 2.5 I 1.0 I 1.0 I - 4.75mm [#4] sieve Ma.'TImum Spall Content in Total I 5.0 5.0 I 1.0 I 1.0 I - Sample Ma.'TImum Percent Lumps in fraction I 0.5 I 0.5 I 0.5 I 0.5 I - retained on the 4.75mm. [#4] sieve Class B Carbonate Resnictions I I I I Maximum% -4.75mm. [ :':'4] I 100/1 00 I 100/100 80180 I 50/80 I Final Lift/All other Lifts - Ma.'TImum% +4.!5~ [+#4] '. I . 100/1 00 I 100/1 00 50/1 00 I 0/1 00 I Fmal L1ft/All other Lifts - I I I I I GvTatorv Max. allowable RAP percentage 30/40 30/30 30/30 30/30 Wear 1 Non Wear Marshall Max. allowable R.A.P percentage 30/40 30/30 Wear INon Wear (1) F or Marshall design, the Conn-actor may determine -4 crushing by either F A.t;. of uncompacred voids or calculation of crush from the composite blend. The choic~ must be made prior to start of production. Manufactured crushed fines requirement is 25%. R.A.P sand will be considered 50% crushed if the angularity index equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. (2) Not applicable under Marshall design. B2b Mixture Requirements Mixture evaluation will be based on the trial mil: tests and the corresponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 48 2360/2350 Combined Specification December 9,2003 1 ure eqUlremen s '1 Tra:ffi~ Levell, Traffi~ Level I Traffi~ Levell Tra:ffi~ Level I SlvlA T. Level 6 20 year Design ESAL's I < 1 million 1 - 3 million 13 - 10 million 1 10 - 30 1 See SMA million Provisions Gyratory j\tlixrure Requirements 1 I I Gyrations for NinitiaJ 1 6 7 I 8 I 8 .1 - GyTations for Ndesign I 40 .1 60 1 90 1 100 I - Gvrations for Nmaximll!:l I 60 I 90 I 140 I 160 I - _AJr Voids, % -- Wear 4.0 4.0 4.0 4.0 Air Voids, % -- N on-Wear & All 3.0 3.0 3.0 3.0 - Shoulder % G= at NinitiaJ- Wear - :0; 91.5 :0; 90.5 :0; 90.0 % G= at NiniriaJ- Non-Wear & - :0; 92.5 :0; 91.5 :0; 91.0 All Shoulder % G= at Nma;cimum- \Vear :0; 98.0 :0; 98.0 :0; 98.0 :0; 98.0 - % G= at Nma'<imum- NonWear & :0; 99.0 :0; 99.0 :0; 99.0 :0; 99.0 - All Shoulder Tensile Stren~h Ratio (1), min% 75(1.) I 75(2) I 80(J) I 80(J) I - Fines/Effective Asphalt I 0.6 - 1.2 I 0.6 - 1.2 I 0.6 - 1.2 I 0.6 - 1.2 I - VFA, %-- Wear I 65 - 78 I 65 - 78 I 65 - 76 I 65 - 76 1 NonWear 70 - 83 70 - 83 70 - 82 70 - 82 Marshall Mixture Requirements I LV I MY I I Marshall Blows I 50 1 50 - I - I - I _AJr Voids, % I 3.0 1 3.5 I - I - I - Tensile Stren!rill Ratio (1), min% I 70(4) I 70(4) I I I Stability, minimum N [lb f] 5000 [1125] I 6000 [1350J I ! I Fines/Effective Asphalt Wear I 0.6 - 1.30 I 0.6 - 1.30 I I I I Non-Wear 0.6-1.40 0.6-1.40 - - - Table 2360.3-B2b ]'\iillt R t (1) See Section 2360.4 E9. Use 150mm [6 inch] specimens for gyTatory and 100mm [4 inch] specimens for Marshall design. (2) Mn/DOT Min~ = 65, (3) Mn/DOT Min = 70, (4) Mn/DOT Min = 60 B2c VlYL-\. Criteria The voids in mineral aggregate (VtvlA.) of the mi..'mrre at design and during production shall meet the minimum criteria as shown in Table 2360.3-B2c at the specified compaction level. VNLA.. shall be calculated according to the procedures outlined in Asphalt Institutes SP-2 or MS-2 manual. VNLA.. is a design and acceptance/process control requirement. 01 S m_ mera .. garega te 1 - uture eQUlremen s Gradation I Fine Mixture I VNLA.. Coarse l'vILxture I VMA % Pass 2.36 mm [#8] Minimum % Pass 2.36 mm [#8J Minimum A or 4 * I > 47 I 15.0** :0;47 I 14.5* B or 3 * I > 39 I 14.0 I :0; 39 I 13.5 C or 2 * I > 35 I 13.0 I :0; 35 I 12.5 5* I ----- I 15.0** I ---- I ----- E I See SlvLA.. Provisions I 1 I V'd' M' Table 2360.3-B2c I A. (VlYL-\.) M' R t *Marshall designation. * *F or LV 4 and LV 5 mL'Xes lower VNlA requirements by 0.5% Page 11 of 48 2360/2350 Combined Specification December 9, 2003 B3 Tensile Strength Ratio sample :NlL'cture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity Gmm compliance in addition to TSR results. Failure to meet the Gmm tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 2360.3C. One of the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3-B2b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 35 kg [77 poundsJ of mixture to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time (:t 15 minutes) at 1440C [290oFJ and follow procedures in ASTNl D 4867-92, MnlDOT modified as dermed in the MnlDOT Laboratory Manual. Option B) The Conn-actor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. JptIOn 1 uture eqUlrements Item I Gyratory Design I Marshall Design Un-compacted Mixture Sample Size I 8,200 g I 8,200 g Number of compacted briquettes,l) I 6 I 9 Compacted briquette air void content I 6.5 -7.5% I 6.0 - 8.0% Table 2360.3-B3 o . B M' R (i) 150mm [6 inchJ specimens for gyratory design 100mm [4 inchJ specimens for Marshall design B4 Aggregate Specific GraYity .....................................A..~SHTO T84 and T85, Mn/DOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. c Documentation Each proposed J1v1F submitted for review under Section 2360.3B and 2360.3D shall include the follo\ving documentation and test results. (1) Tne name(s) of the individual(s) responsible for the Quality Control ofthe mi'\.Lure during production. (2) The low projects number on which the mixture will be used. (3) The percentage in units of I percent (except the 0.075 mm sieve [#200J in units of 0.1 percent) of aggregate passing each of the specified sieves for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (4) The source and description of the materials to be used. The aggregate pit or quany source number. The proportion of each material (in percent of total aggregate). (5) The composite gradation based on (3) and (4) above. Note: Include virgin composite gradation based on (4) and (5) above for mixtures containing RAP. (6) The bulk (dry) and apparent specific gravities and water absorption (by % weight of dry aggregate) of both coarse and fine aggregate, for each product used in the mi'cture (including RA.P). Use AJ\SHTO T-84 and T-85 lv1nlDOT modified as defined in the :N1n/DOT Laboratory Manual. The tolerance allowed between the Contractor's and the Department's specific gravities are Gsb (individual) = 0.040 [+4 AJ.'lTI -4J and Gsb (combined) = 0.020. (7) The composite gradation plotted on a FHW A 0.45 power chart. (Federal form PR-1115) Page 12 of 48 2360/2350 Combined Specification December 9,2003 (8) F or mixtures containing RAP include exiracted asphalt binder content of the RAP with no retention factor included. (9). The percentage (in units of 0.1 percent) and PG grade of asphalt binder material to be added, based upon the total mass of the mi;x:ture. (10) Wilen using laboratory mi'cture design. Option 1 (2360.3B) or Option 2 (2360.3D), include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), with at least one point at, one above and one below the optimum asphalt binder percentage. (b) The maximum specific gravity at each asphalt binder content. rile theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average of the effective specific gravities measured by a minimum of two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. (c) The test results for the individual and average bulk specific gravity, density, and heights, of at least two specimens at each asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at each asphalt binder content. (d) rile percent air voids in the mixture at each asphalt binder content. (e) The percent Voids in Mineral Aggregate (VMA..) at each asphalt binder content. (f) The fines to Effective Asphalt (F/A) ratio calculated to the nearest 0.1 percent. (g) TSR results at the Optimum asphalt binder content. (h) Graphs showing air voids, voids in the mineral aggregate, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mi'i:. (11) Optional Add- Rock/Add-Sand PrOvisions lithe Contractor chooses to use the add-material option to augment the submitted JNfF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.3 B 1. The Contractor shall provide mi'i: design data for two additional design points per add-material. One point shall show a proportional adjustment to the submitted J1vfF that includes 5 percent, by mass, add-material at the JNfF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted J1vfF that includes 10 percent, by mass, add-material at the J1v1F optimum asphalt percent. The following information will be reported for each of these two points: (a) rile maximum specific gravity (average of two tests). (b) The test results for the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at the optimum asphalt binder content. (c) rile percent air voids in the mL'cture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts Up to two add-materials will be allowed per mi'X design submittal. Aggregate quality and mix characteristics are required for each proposed add-material and shall be submitted at the time of the original trial mix submittal. No mL'ffilre sample or briquettes are required for these t\.vo additional points. Page 13 of 48 2360i2350 Combined Specification December 9, 2003 Additional Documentation For: Gyratory Design (G 1) The test results from the composite aggregate blend at the proposed J1vfF proportions indicating compliance with Coarse Aggregate Angularity and Fine Aggregate Angularity as shown in Table 2360.3-B2a. (81) The design traffic level and the initial, design, and maximum number of gyrations Ninitial, Ndesig!h and Nmaximum. (G3) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperarure ranges and ma,'iimum field mi'dng and compaction temperatures. (G4) Evidence that the completed mixture will conform to all specified physical requirements as follows: Design air Voids (Va), VMA., VF A, TSR, F IAe (Fines to effective asphalt ratio), Densification %G= at Ninitial, Ndesign, and NMaximum' (G5) Labeled gyratory densification tables and curves, generated from the gYTatory compactor, for all points used in the mixture submittal. Marshall Design (M1) The test results from the composite aggregate blend at the proposed J1vfF proportions indicating compliance with fine aggregate angularity uncompacted voids as shown in Table 2360.3-B2a. Or calculated -4.75 rom [ :':'4] crushing from the composite blend of the proposed J1v.lF. Selection of either FA.A. or -4.75 rom [-#4].crushing shall be made at the time of mix design submittal. This selection will dictate the choice of method used for determination of compliance and acceptance for the duration of time the Mi..x.1ure Design Report is in force. RAP sand will be considered 50% crushed lithe angularity index equals or exceeds 40, and 100% crushed lithe a'1.gularity index equals or exceeds 45. D Modified Miuure Design (Option 2) Test results and documentation as described in Section 2360.3C shall be submitted to the Department Bituminous Engineer or the District Materials Engineer to verify compliance with mi'X design requirements and issue a ?v1L'C Design Report. 1vrL'Cture submittal is not required. The Contractor may use this option if all of the following conditions are met: . a) The aggregates in the proposed 1vrL'C Design Report have been used, in part, in other Mix Design Reports. Additionally, the aggregates must have been previously tested for and meet all applicable quality requirements in the current construction season. b) The Level II mL'X designer submitting the mi'ct:ure design must have a minimum of 2 years experience in mL'\.1ure design. c) The Contractor and his representatives cannot have violated the requirements of 1512 Unacceptable and Unauthorized Work relating to mi'ct:ure design or mL'Cture production within the last 12 month period. Dl JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (J1vfF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mi'C designer must sign this proposed ThfF. For each J1vfF submitted, the Contractor shall include documentation as outlined in Section 2360.3C Page 14 of 48 2360/2350 Combined Specification December 9, 2003 to demonstrate conformance to mixture properties as specified in Table 2360.3-B2b and 2360.3-B2c. The proposed JNrF shall be submitted on forms approved by the Department. D2 Initial Production Test Verification At the start of production, the testing frequency for the first 1,800 metric tons [2,000 tons] of each mix type shall be as specified in Table 2360.4-D. All miTIure placed on ~';::'D()T the Owner's projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payment or removal and replacement with acceptable material. The fi.epc.: .;;;..:;:;:: Ovmer shall take a mi'i: verification sample vvithin the first four samples at the start of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360.4E9 D4 Marshall Stability (lYlarshaIl Design Only) On the first day of production, for each di.L''ferent mix design, at the same time the verification sample is obtained, an additional sample shall be obtained for D:;::o...-::::::J.:::;:: O\mer evaluation of Marshall stability. This sample may be tested at the discretion of the Di3t:i~: ~.1:::::::-i:::~: E::;ioJ.;;;;:- Fn>rineer. Tue Contractor is not required to test stability on production mi'rture. If the Marshall stability fails to meet the minimum requirements as listed in Table 2360.3-B2c the Contractor shall stop production immediately. The Contractor will be required to submit a revised mix design, ,vith bituminous mixture at optimum asphalt coment, to the District Materials Laboratory. If the mixture meets the minimum stability requirement production may be resumed. If the stability fails the second time, the Mi'i: Design Report will be revoked. The Contractor will then be required to submit a new mi'i: design according to Laboratory rv!imrre Design 2360.3B, Option 1. A new Mix Design Report will be issued upon successful veri.L'ication of the new mi,<ture design submittal. E Mixture Design Report A Mixture Design Report consists of the J1vrF (Job Mix Formula). The J1vfF includes composite gradation, aggregate component proportions, asphalt binder content of the mi..'cture, design air voids, Voids in Mineral Aggregate, and aggregate bulk specific gravity values. JNIF limits will be shown for gradation control sieves, percent asphalt binder content, air voids, and V!VIA.. Issuance of a Mixture Design Report confirms the mL'i:ture has been reviewed for and meets volumetric properties only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mL'rtUre . A Depari:mem reviewed rv!i'i:ture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mimrre design requirements before a Mi'>.1ure Design Report is issued. The Deparunent will review two trial mL'C designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of $2000 per design, payable to the Commissioner of Transportation. For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mi'i: design. The Deparunent will not start the verification process without this information. Page 15 of 48 2360/2350 Combined Specification December 9, 2003 2360.4 lYIIXTURE QUALITY lYIAi'{AGEMENT (Quality Control/Quality Assurance) A Quality C;ontrol (QC) The Contractor shall provide and maintain a quality control program for lIMA production. A quality control program is defined as all activities, including mix design, process control inspection, sampling and testing, and necessary adjustments in the process that are related to the production of a hot mix asphalt (HNLA) pavement which meets the requirements of the specifications. Al Contractor Certified Plant HLYLA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant Authorized Agent complete and sign the Asphalt Plant Inspection Report (TP 02142-02, TP 02143-02). By signing the Asphalt Plant Inspection Report, the H:rvLA plant authorized agent agrees to calibrate and maintain all plant and laboratory equipmem within allowable tolerances set forth in these specifications, Standard Specifications for Construction, and the :tv1n/DOT Bituminous'Manual. (4) Obtain a :tvli'Cture Design Report prior to production. Alb Maintaining Certification To maintain certification, the plam must produce, test, and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis. Continuous basis means all asphalt mL'\.Lu.reS supplied from a certified plant to any blepaFtillefi1;-project \vith 2360 asphalt rnD..Lu.res must be sampled and tested in accordance with 2360 requirements. and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project. In addition, a first-day sampling and testing frequency rate as stated in Table 2360.4-D shall be follo\ved. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. Alc Revocation of Plant Certification Tne Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. B Quality Assurance (QA) The D:;pCL.""::.::';;:iJ.t . Owner will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: Page 16 of 48 2360/2350 Combined Specification December 9,2003 (1) (2) (3) (4) (5) (6) Conducting Quality assurance and verification sampling and testing. Observing sampling and tests performed by the QC personnel. Taking additional samples at any time and any location during production. Monitoring the required QC summanr sheets and control charts. Velli"'ying calibration of laboratory testing equipment. Communicating ::.:1::, TOT O,;vner test results to the Contractor' s QC personnel in a timely manner. Ensuring Independent Assurance Sampling and testing requirements are met. (7) C Contractor's Quality Control CI Personnel Requirements Along with the proposed mL'X design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM NIi'X Designer. The Contractor shall have a Certified Level II Bituminous QM :rvIi'X Designer available to make any necessary process adjustments. The Contractor shall have a minimum.of one person per paving operation certified as a Level II Bituminous Street Inspector. C2 Laboratory Requirements: The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer. The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the MnfDOT Bituminous Manual and these specifications, including having eil.iraction capabilities. The laboratory shall be calibrated, and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD writer with CD/R W capability and a minimum \Vrite speed of 16x. 3) Windows 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the MDfDOT Bituminous Manual. D Sampling and Testing The Contractor shall ensure that all QC samples are taken at random locations. Random number generation and determination ofrandom sample location shall be consistent with the MDJDOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTM D3 665. The Engineer may approve alternate methods of random number generation. The tests for mi'\.Lure properties shall be conducted on representative portions of the mix, quartered from a larger sample of mixture taken from behind the paver, or when approved by the Engineer, an alternate sampling location. The procedure for truck box sampling, an alternate sampling location, is on file in the Bituminous Office. Wilen an alternate sampling location is approved and used by the Contractor, the daily verification sample must still be taken from behind the paver. Page 17 of48 2360/2350 Combined Specification December 9,2003 The Conn-actor shall obtain a sample of at least 25 kg [55 pounds]. This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures. The Contractor shall store and retain mixture bulk samples and companion samples for the D;:;;:c:..-::::J.;;:::'~ EDizineer for a period or 7 working days. The Conn-actor shall maintain these split samples in containers labeled with companion numbers. Tne Contractor shall perform QC sampling and testing according to the following schedule. Determine the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. This number 'Will be the number of production tests required for that mixture. Required production tests are listed in Table 2360A-E. Split the planned production into even increments and select sample locations as described above. If actual tonnage exceeds planned tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when mix production is less than 270 metric tons [300 tons]. However, production tests will be required when the accumulative tonnage on successive days exceeds i70 metric tons [300 tons]. At the start of production, the testing frequency for the first 1800 metric tons [2,000 tons] of each mix type shall be as follows: ro ue lOn art- Jp estmg a es Production Test I Testing Rates I Test Reference I Section Bulk Speciiic Gravity I 1 test per 450 metric tons [500 tons] / AA..Sh'TO T312, T166 ~fnJDOT I 2360.4E2 modiiied Ma'illnum Speciiic Gravitv I 1 test Der 450 metric tons [500 tonsl I A..ASHTO T209 MIl/DOT modified I 2360.4E3 _Air Voids (calculated) I 1 test per 450 metric tons [500 tons] I A..ASHTO T269, T3I2 , 2360.4E4 Asphalt Content I 1 test per 450 metric tons [500 tonS! I Bit & Lab Manual I 2360.4El v1vLA.. (Calculated) I 1 test per 450 metric tons [500 tons] I A1 MS 2 & SP 2 I 2360.4E5 Gradation I 1 test per 900 metric tons [1000 tons] I A.ASHTO Tll, 127, 130lvilllDOT modiiied I 2360.4E6 Coarse Aggregate Angularity I 1 test per 900 metric tons [1000 tons] I ASTIvI D5821 I 2360.4E7 Fine Aggregate AIlgulariry I 1 test per 900 metric tons [1000 tons] I ~A.ASHTO T304, Method A /2360.4E8 (FAA)(I) Table 2360A-D Pdt' St U T R t (1) Marshall design allows -4.75mrn [ ;';'4] manufactured crushed fines calculation per :tvfn/DOT Bimminous Manual E Production Tests Wnen more than one Mn/DOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Page 18 or 48 2360/2350 Combined Specification December 9, 2003 Table 2360A-E Production Sampling and Testing Rates Production Test I Sampling/Testing Rates Test Reference I Section BuLle Specific Gravity 1 Divide the plarmed production by 1000. Round the A.A.SHTO T312, T245 Tl66 , 2360.4E2 number to the next higher whole number. :tv11/DOT mod Ma.,ximum Specific , " I AASHTO T209 lvIn/DOT I 2360.4E3 Gravity modified Air Voids (calculated) I " AA.SHTO T269, T312 ! ?360.4E4 .;\sohalt Content I " Bit & Lab Manual I 2360.4El VMA (Calculated) I " Al MS 2 & SP 2 I 2360.4E5 Gradation , 1 gradation per 1,800 metric tons [2,000 tons], or I A.A.SHTO TlI, T27, I 2360AE6 Doman thereof (mw.1mum of one per day) T30lvIn/DOT modified Coarse Aggregate 12 tests/day for a minL'11um of 2 days, then 1 per day if .A.STMD5821 I .Angularity CAA is met. If CA.A. >8% of requirement, 1 sample/day 2360AE7 but test l/week. Fine Aggregate 12 tests/day for a minimum of2 days, then 1 per day if I A.A.SHTO T304, Method A I I Angularity (FAApJ FAA is met. If FAA >5% of requirement, 1 sample/day 2360.4E8 but test l/week. TSR , 1 S! sample at 5,000 tons or by second day of production, , ASTM D4867 Mn/DOT I 2360.4E9 then samD!e at eVery 18,000 metric tons f20,000 tons 1 modified Aggregate Specific I I per 9,000 metric tons [10,000 tons] AASHTO T84 & T85, /2360.4EIO Gravity lvIn/DOT modified Mixture Moisture I Daily uIlless exempted by Engineer IlvIn/DOT 5-693.950 /2360.4Ell Content .;\sphait Binder I Sample 1" load (each grade) then I per 1,000,000 liter lvLTJlDOT 5-693.920 I 2360.4E12 f250,000 gallon-sample size 1 quart.l (1) Marshall design allows -4.75mm [-#4] manufactured crushed fines calculation per NIn/DOT Bituminous Manual E1 (a) (b) (c) (d) Asphalt Binder Content Spot Check (Virgin only)....................................................................MnJDOT Bituminous Manual Incinerator Oven (1) ........................................................ Mn/DOT Laboratory Manual Method 1853 Chemical Extraction ........................................MnIDOT Laboratory Manual Method 1851 or 1852 Meter Method (Virgin only) ................................................................Mn/DOT Bituminous Manual (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E2 Marshall Bulk Specific Gravity, Gmb (3 specimens).....A.A.SHTO TI66, Mn/DOT Modified, or E2a Gyratory Bulk Specific Gravity, Gmb (2 specimens) ................................ A.A.SHTO T3I2, T166, Mn/DOT Modified E3 Maximum Specific Gravity, Gmm.........................................A.A.SHTO T209, Mn/DOT Modified E4 Air Voids - Individual and Isolated (calculation)...................................... A....;\SHTO T269, T3I2 Isolated air voids are calculated using the ma.'Ci.mum mixture specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the ma.xim.um specific gravity moving average and the bulk specific gravity from that single test. For gyratory design, compaction shall be conducted to Nmaximum and calculations for %Gmm at Ninitial and Ndesign shall be determined by applying the calculated correction factor as described in the Asphalt Institute SP 2 manual. Production control for % Gmm at Ninitial and NmaUmum shall not exceed the limit shoVvll in Table 2360.3-B2b by more than 1.0 %. 1'fi'Cture produced beyond these limits, as measured by the moving average offaur Page 19 of 48 2360/2350 Combined Specification December 9,2003 tests, may result in a cancellation of the Mix Design Report. A new mix design and submittal that satisfies these specification criteria may be required. E5 Voids :lYIineral Aggregate (VM..A) (calculation) ............................. Asphalt Institute MS-2, SP-2 E6 Gradation - Blended Aggregate..........A.ASHTO T-ll, T-27, and T-30 (all MnlDOT modified) Testing to determine the blended aggregate gradation shall be determined every 1800 metric tons [2,000 tons], or portion thereof (minimum of one per day), on samples taken at the same time as the required mixture sample for a given increment. All gradations require a - 0.075 mm [-#200] wash. (a) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. (b) All Other Mi...xtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven :Nfn/DOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (1) 3. Extraction MnlDOT Laboratory Manual Method 1851 or 1852 (Optional) (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E7 C oa rse Aggregate Angularity....... .................... ............. ... ...... .......... ........................ ASTlYI D 5821 CA.A test results shall meet the minimum percent fractured faces as sho\YTI in Table 2360J-B2a. ASTM D-5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used in production of hot mix asphalt. Mi'l.-nrres that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain R.A.P must be tested from extracted aggregates taken from standard production samples. The percentage of fractured faces of the composite aggregate blend less than 100% shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CA.A requirements. (2) If CAA crushing test results exceed 8 percent of the requirement, take one sample per day and perform one test per week. CAA results must be reported on the test summary sheet. Mixture placed and represented by results below the JIlinirnum requirement, as sho\YTI in Table 2360 J-B2a, v,ill be subj ect to reduced paymem as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity......................................................................ASTM C1252 Method A FAA test results shall meet the minimum criteria sho\YTI in Table 2360.3-B2a. ASTM C1252 Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production ofHMA. Mixtures that contain virgin aggregates may be tested from composite belt samples. Nfixtures that contain R.A.P must be tested from extracted aggregates taken from standard production samples. Tue percentage.ofuncompacted voids from the composite aggregate blend shall be tested at the follo\Ying rates. Page 20 of 48 2360/2350 Combined Specification December 9, 2003 (1) Perform two tests per day for each mi'ffilre blend for a minimum of two days and then one per day if the test samples meet FAA.. requirements. (2) If FAA test results exceed 5 percent of the requirement, take one sample per day and perform one test per week. FAA.. results must be reported on the test summary sheet. :rvl1'xture placed and represented by results below the minimums, as shown in Table 2360J-B2a, will be subject to reduced payment as outlined in Table 2360A-L3. Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8a - 4.75 mm [-#4] Manufactured Crushed Fines ......................................... (calculation) Mn/DOT Bituminous Manual Under Marshall design, when the -4.75 mm. [-#4] crushing is calculated, adjustments in target values from the composite blend Inust be made at the end of each days paving. If the target quantity (percent of -4.75 mm [-#4] to be crushed) changes due to mi'cture prop onion or composite gradation change, a new target shall be established for the next days paving. E9 Field Tensile Strength Ratio (TSR) .........................................ASTM D4867 MnlDOT Modified A TSR sample shall be obtained within the first 4,500 metric tons [5,000 tons] ofHMA produced or by the second day of production, whichever comes first, to verify tensile suength ratio (TSR). These samples may be tested at the discretion of the D::t:::c: :.:::.:::::::.1: E;:;i.::~:r Owner. If the ~r::.:::i::.l..s E::.;i:J.::r Owner requires the samples to be tested, both the Contractor and the D8p~~:;:;': Encineer will be required to test these samples within 72 hours after it is sampled. Sample size shall be 50 kg [110 pound] minimum and split in half to provide a sample for the Dcp:...-::::c::.: En!2:ineer and the Contractor. The DCpCL.~8::.t Engineer companion ofthis split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The De;;c...~c:::.: O\vner companion shall be given to the Dep:...--:::-.:c:::.: O\vners Street Inspector or Plant Monitor immediately or delivered to the Di:t;":c: :,:::.::;,i:.~: Engineer within 24 hours of sampling, as specified by the Engineer. :rvl1xture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 100 mm'[ 4 inch] for Marshall mix design and 150 mm [6 inch] for gyTatory design The Contractor may test the sample at a permanent lab site or a field lab site. Additional BlvLA.. mixture samples for TSR evaluation shall be sampled at a rate of 1 per 18,000 metric tons [20,000 tons] increments for all mixtures produced on the Project. Tuese samples may be tested at the discretion of the D::t;:c: :.J5:08:-::.1: E:::.giB:eeF Owner. If the :f.rffit:e:-:c:l:; E:::.;:r1eeF- O\'/ner requires the samples to be tested, both the Contractor and the f!epfh-"it-neE.+ Engineer will be required to test these samples. Minimum acceptable TSR values for production are shown in Table 2360A-E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti-strip has been added to the asphalt binder. Determination of who is responsible for the cost of the ami-strip is based on \i:;/DOT O\vner and Contractor TSR values as outlined in Tables 2360AE9A, 2360AE9B, and 2360.4E9C. Wnen :.hDO"T the O",.-ner is responsible for the cost of the anti-strip, payment will be made only for the cost of the anti-strip for miuures placed on that project. :,1.::/80T The O\\.ner \"ill not reimburse the Contractor for any delay costs associated with making changes related to this testing. lYIhture Type- - Minimum TSR LV and lvfV GYTatory Traffic Level 2-3 I Traffic Level 4-5 ContractOr M::::/DOl Contractor I ffffi4iG.=F I Contractor I :.t-:iDG+ O\vner OV,11er Ov,rner 70% 60% 75% I 65% I 80% I 70% Table 2360.4-E9 Page 21 of 48 2360/2350 Combined Specification December 9,2003 Table 2360.4-E9A LV and MV I Contractor TSR Mi'Ctures I >70 I <70 :.L.::DG+ ::::60 I NA I M..~"F Owner Ovmer TSR <60 I Contractor I Contractor Gyratory Level I Contractor TSR 2-3 I >75 I <75 .:\f.r/S'OT ::::65 I NA I .:,l:1'DOT Owner Owner TSR <65 I Contractor I Contractor Table 2360.4-E9B Table 2360.4-E9C Gyratory Level 4-5 I Contractor TSR >80 I <80 f-.4fr.'fi.G.."F ::::70 I NA I ~G+ Owner O\vner TSR <70 I Contractor I Contractor i\nother sample shall be taken and tested within the first 450 metric tons [500 tons] after production resumes. lfthe re-test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, with the Engineer, a proposal for resolving the problem. The Contractor shall not operate below the specified minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions "vill automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stoch."Pile aggregate. 2. Tne discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. EIO Aggregate Specific Gravity (Gsb)........................... AA.SHTO T84 and T85, MulDOT modified Samples of all aggregate stockpiles shall be collected on each aggregate used in the production mLxture, at a rate of one sample per 9,000 metric tons [10,000 tons] mixture produced. These samples shall be taken at random as directed by the Engineer. These representative stockpile samples shall be 40 kg [90 pounds] of each aggregate component. Each sample shall be split in half to provide a sample for the I)cP:::;-:::1C::: Owner and the Contractor. The .S':;:;c.;-::'::C;1: O',vner companion shall be labeled with date, time, Project number and approximate cumulative tonnage to date. The ~an:..~'*lt- Owner's companion shall be given to the ffep'B:ffirreE~ OVil.1er'S Street Inspector or Plant Monitor immediately or delivered to the :g.iSt.T\:t :',fareFicl5--Engineer within 48 hours of sampling, as specified by the Engineer. These samples may be tested. Tested samples will be compared to the Contractor's values on the Mix Design Report. If the results deviate beyond the tolerance specified in Table 2360A-M, the dispute resolution procedure on file in the Bituminous Office will be utilized. Any mLxture placed following notification of new specific gravity values will be based upon Department results unless proven incorrect. The Contractor shall be notified when new specific gravity values become available and what impact this will have on the calculated \t1vLA.. Ell lYlo isture Content .......... ........... ........ ...................... ........ ........ ...... .................... MnlDOT 5-693.950 Page 22 of 48 2360/2350 Combined Specification December 9,2003 Provide a mi'cture with a moisture content not greater than 0.3 percent. Tne moisture content in the miTIure shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office. Sampling and testing shall be conducted by the Contractor on. a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 5 mm [0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HNIA that exceeds 0.3% moisrure content is unacceptable. The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production tate, mixing stockpile aggregates prior to placement into the feed bins, and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder, then sample at a rate of one per 1,000,000 liters [250,000 gallons]; sample size shall be 1.0L [1 quart]. All samples shall be taken in accordance with the Mn/DOT Bituminous Manual 5-693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. Promptly submit the sample to the Department Materials Laboratory in Maplewood. The Contractor shall record sample information on Asphalt Sample Identification Card. F Documentation (Records) The Contractor shall maintain documentation, including test summary sheets and control chans, on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyTatory compacted samples and test worksheets. Reports, records, and diaries developed during the progress of construction activities for the Proj ect, shall be filed as directed by the Engineer and will become the property of the I);::v~ .=:::::: Owner. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approved/supplied by the Department. (2) Facsimile all production test results on test summary sheets to the ;:):..:t:-:c: .\b::.~::: L::::c;::::J:-:; Enf!ineer's Street Inspector and to other sites as requested by the Engineer, by 11 AlvI of the day following production. (2a) Include the following production test results and mixture information on the Department approved test summary sheet. 1. Percent passing on sieves listed in Table 2360.2-E 2. Coarse and fine aggregate crushing. 3. Ma--cimum specific gravity (GmmJ. 4. Bulk specific gravity (Gmb). 5. Percent asphalt binder content (Pb). 6. Calculated production air voids (Va). Gyratory design shall also include %G:n..-n at Ninirial, %Gmm at Ndesign , and % Gmm at Nmaximum 7. Calculated voids in mineral aggregate (\'1vLA..). 8. Composite aggregate specific gravity (Gsb) reflecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Cumulative tons. 11a. Tons Represented by Test. 12. Fines to effective asphalt ratio (F/Ae). 13. Signarure Line for ~.b/:::;C:;:- Engineer and Contractor Representative. 14. Mixture Moisture Content. 15. :,'f::::/lJOT O"\.vner verification sample test result. (2b) Submit copies of all failing test results to the Engineer on a daily basis. Page 23 of 48 (6a) (7) (8) G 2360/2350 Combined Specification December 9,2003 (3) Provide the Engineer with asphalt manifests ofBOL's (Bill of Lad dine:) on a daily basis. (4) Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JMFs, etc.) include all changes or adjustments on the test summary sheets. (5) Provide weekly truck scale spot checks (as reauested bv EnS!:il1.eerJ. (6) Provide a Department approved accounting system for all rnL'Xes and provide a daily and final Project summ.ary of material quantities and types. Provide a final hardcopy summary of all quality control test summary sheets and control charts at completion ofbituminous operations on the Project to the Engineer. Because Certified Piant test data often represents test data for multiple projects, it may be necessary to make duplicate copies of me data for each project. Tne Contractor shall also submit a diskette of the quality control summary sheets, control charts and density worksheets to the B-f?":::'1:::J~15-Engineer. Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), ?vfi'TIUre Design Report#, truck identification and tare, net mass, date and time ofloading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in ",Titing. Charts and records for a rnL'ffilre produced at one plant site shall be continued from contract to contract. Documentation (Control Charts) The follovring data shall be recorded on the standardized control charts if reauested bv the Enci.lleer, all control charts and summary sheets shall be computer generated using software approved by the Engineer. Software is available from the Mn/DOT Bituminous Office at www.m.dot.state.ron.us/pavementlbituminouS/bituminous. asp. (1) Blended aggregate gradation, include sieves shown in Table 2360.2-E for specified rnL'\iure. (2) Percent asphalt binder content (Pb) (3) Maximum specific gravity (G=.) (4) Production air voids (Va) (5) VMA Individual test results shall be plotted for each test point. A solid line shall connect individual points. The moving average for each test variable shall be plotted starting ",ith the fourth test. A dashed line shall connect the moving average points. Tne :::;;:;j::~~~:1:'3 O\vner's quality assurance and verification test results shall be plotted with asterisks. Specification INfF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H Jl\t1F Limits The production air voids and \TlvLJ.\. are based upon the minimum specified requirements as shown in Tables 2360.3-B2b and 2360.3B2c. Gradations and asphalt binder content limits are based upon the current Department reviewed ?vfi'ffilre Design Report. Gradation control sieves include each sieve shown in Table 2360.2-E. The rnL'ffilIe production targets are listed on the ?vfi'\1:ure Design Report. INfF limits are the target plus or minus the limits shown in Table 2360A-H. INfF limits are used as the criteria for acceptance of materials based on the moving average. A moving average is the average of me last four test results. Page 24 of 48 2360/2350 Combined Specification December 9, 2003 Table 2360A-H JMF Limits (N=4) - V1viA., % I - 0.3 Production .Air Voids, % I -'- 1.0. Asphalt Binder Content, % I -0.4 Sieve - % Passing* 25,19,12.5,9.5,4.75 mm [1 inch, 3/4 inch, 1/2 inch, 3/8 inch, #4J I =7 2.36 rom [#8] I =6 0.075 rom [#200] I = 2.0 Item JlYIF Limits *JMF limits are not allowed outside the broadband requiremems in Table 2360.2-E. I JlYIF Bands nvlF Bands are defined as the area between the target, as identified on the Nll'Cture Design Report, and the JMF limits. J JlVIF Adj ustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely conforming to the reviewed Nlixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (1) and other mixture parameters within the JMF limits in Table 2360.4-H. This requirement may be waived if the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a wTitten justification or explanation of material changes since the original mixture submittal. (1) The Contra~tor shall begin mi;xture production using all aggregate proportions included on the lvli'CtUre Design Report unless the aggregate proportion is shown as 0 percent. If, during production, the Contractor determines from results of QC tests that adjustments to' the mix design are necessary to achieve the specified properties, the following provisions shall apply. No adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a JMF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Depa..rtment by a Certified Level II Bituminous QM Mix Designer. If the request meets the design requirements in Tables 2360.3-B2a and 2360.3-B2b, a revised Nli'Cture Design Report shall be issued. Each trial mL'Cture design submittal as described in Section 2360.3A may have three wIP adjustments per mL'l.Lure per project without charge. Additional JNIP adjustments requested must be accompanied with a 5500 fee per each additional JNfF adjusnnent, payable to the Commissioner of Transportation. If a JNIP change is requested for the 0.075 rom [#200] sieve, the Fines to Effective Asphalt Ratio shall be determined on the moving average from the previous four gradation tests conducted during actual production. The adjusted JNIP shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JMF shall be submitted. The J1vIF asphalt content may only be reduced if the production V1vfA meets or exceeds the minimum VM.A. requirement for the mixture being produced. Adjustments will be made as a result of an interactive process benveen the Contractor, Engineer, and District Materials Engineer. Consecutive requests for J1vIP adjusnnents, without production data, 'are not allowed. The calculation of the moving average shall continue after the J1vIF has been approved. Page 25 of 48 2360/2350 Combined Specification December 9, 2003 J1 JlYIF Adjustment for Proportion Change> 10% If a J1v.1F adjustment is requested for a proportion change exceeding 10% (from the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 450 metric tons [500 tons] must be included with the request for adjustment. In addition to the requirements listed above, acceptable verification and approval of the requested .J1vIT will be based on individual and moving average test results. Individual test results must be 'Within twice the requested Th1F limits for percent asphalt binder, production air voids, and VlvLA. Individual gradation must be within twice the requested JMF bands. The moving average values must be within the control limits of Table 2360.4-H. The calculation of the moving average shall continue after the change in proportions. If the mi'Cture meets the specified quality indicators, the request for lliIT adjustment 'Will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators ""ill result in reduced payment or removal and replacement with acceptable material. Consecutive requests for wIT adjustments without production data is not allowed. K Corrective Action -- Percent Asphalt Binder Content, VlYL\, and Gradation and Production Air Voids VrThen the moving average values trend toward the Th1F limits, the Contractor shall take corrective action. The corrective action ta.1;:en shall be documented on summary sheets and, if applicable, a request for JNIT adjustment shall be submitted to the District Materials Engineer for review and approval. All tests shall be part of the project files and shall be included in the moving average calculations. The Contractor shall notify the Engineer whenever the moving average values exceed the JNIT limits. L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section. Material acceptance is based on individual and moving average test results. Isolated test results are used for acceptance of air voids at the start of mix."ture production. Generally, individual test results which are more than twice the wIF bands are considered failing. Moving average test results are considered failing when they exceed the J1v.1F limits. If the moving average values exceed the J1v.1F limits, the Contractor shall stop production and make adjustments. The Contractor shall restart production only after notifying the Engineer ofthe adjustments that have been made. Testing shall resume at the accelerated rates and for the tests listed in Table 2360.4-D for the next 1800 metric tons [2,000 tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Nrixture produced where the moving average of four exceeds the JNfF limits shall be considered unsatisfactory and subject to requirements of Section 2360.4L4, L5, L6, and L 7. Individual test failures are discussed in Section 2360ALl, L2, and L3. wilen the total production of a mixture type for the entire project requires less than four tests, a moving average ""ill be established based on the tests taken. Acceptance of material will be consistent with the criteria outlined in Section 2360.4L and will be based on the following modifications to the wIT limits: For two tests, establish the new wIT limits by multiplying the J1vfF limits listed in Table 2360A-H by 1.41; for three tests, establish the new JNfF limits by multiplying the JNIT limits listed in Table 2360A-H by 1.15. For moving average gradation, the modified JNIT limit cannot exceed the broadband requirements in Table 2360.2-E. wilen the Contractor's testing data fails to meet specified tolerances as listed in Table 2360A-M, quality assurance/verification data shall be used in place of the Contractor's data to determine the appropriate payment factor. Page 26 of 48 2360/2350 Combined Specification December 9, 2003 Ll Isolated Failures at Mixture Start-Up - Production Air Voids At the start-up of mixture production, before a moving average of four can be established the first three (3) isolated test results for production air voids will be used for acceptance. Isolated production air voids are calculated by using the maximum mi'rture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average offour can be established, acceptance will be based on individual and moving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the J1vrF bands from the target listed on the Nfixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-13 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the J1vIT bands. When the failure occurs at the first test, after the start ofproducuon, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. Wilen isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mi'cture is subject to removal and replacement or reduced payment. If the mL'rture is to be removed and replaced, the Contractor at his expense \vill perform the work. To better define the area to be removed and replaced the Engineer may require the Conn-actor to test inplace mixture. This may include testing mi.'rture placed prior to the failing test result. Reduced payment will be 50 percent of the Conn-act bid price. L2 Individual Failure at Mixture Start-Up VlVH. At the start-up of mi'cture production, before a moving average of four can be established, the first three (3) individual test results for VIvlA.. will be used for acceptance. After 4 samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average VIvlA... If, at the start of production, any of the first three (3) individual VNL'\ test results exceeds twice the 11vfF bands from the target listed on the :Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test results are back within hvice the J1vIT limits. Wilen the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. L3 Individual Failure - Gradation, Percent Asphalt Binder, Production Air Voids, and V1VL;\ Item 1 Pay Factor (1) Gradation I 95 % Coarse and Fine Aggregate Crushing I 90% VNLi\ I 85 % Asphalt Binder Content I 85 % Production Air Voids (individual (~) and isolated (oJ) 1 70% Table 2360A-L3 Reduced Pavment Schedule for Individual Test Results (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the moving average ma,'Ximum specific gravity and the buLle specific gravity from that single test. (3) Isolated air voids are calculated from the ma,'Ximum specific gravity and the bulk specific gravity from that single test. Isolated void test results are used for acceptance only for the first 3 tests after mi'(tUIe production start-up. If the individual gradation test exceeds mice the J1vIT bands from the target listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage represented by the individual test. Page 27 of 48 2360/2350 Combined Specification December 9, 2003 lithe individual tests for percent asphalt binder content, production air voids, or VlvLA. exceeds twice the IMP bands from the target listed on the :Lvli'C Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test result is back within twice the nvIF limits. wilen the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage :from the start of production that day. Wilen individual air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mi'Cture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. Tbis may include testing mi..xture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L4 Moving Average Failure at Mixture Start-Up - Production Air Voids When a moving average faih)Ie occurs within any of the first 3 moving average results after mL'Cture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual air void, corresponding to the moving average failure is within the nvlF limits. If the individual air void is not within the J1vfF limit, the mixture will be considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. The Engineer may waive the penalty if the isolated air void corresponding to the individual air void is within the nvIF limit. If the mL'Cture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 50 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the nvIF limit to the sampling point when the individual test result is back within the J1vfF limit. L5 Moving Average Failure at MLrture Start-Up - VlVL\. vYhen a moving average failure occurs within any of the first 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual V1vL4., corresponding to the moving average failure is within the J1vlF limits. If the individual VlvlA is not within the J1vfF limit, the mixture \viII be considered unacceptable and the Engineer will decide whether the mi'Cture is subject to removal and replacement or reduced payment. lithe mi'Cture is to be removed and replaced, the Contractor at his expense \vill perform the work. Reduced payment will be 75 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual ViVf.A. beyond the JNIF limit to the sampling point when the individual test result is back within the J1vIF limit. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the nvfF limit. This rnixrure is considered unacceptable and the Engineer \vill decide whether the mixture is subject to removal and replacement or reduced payment. If the mi'Cture is to be removed and replaced., the Contractor at his expense will perform the work. Reduced payment will be 50 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JM:F limits wbich contributed to the moving average value that exceeded the JMF limit to the sampling point when the individual test result is back within the JNIF limits. wilen the failure occurs at the firSt test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. Page 28 of 48 2360/2350 Combined Specification December 9, 2003 Table 2360.4-L6 Reduced Payment Schedule for l\'1oying Average Test Results Item Pay Factor (1) Gradation 75 %lo) Coarse and Fine Aggregate Crushing NA (individual failures only) VIvg (2) 75 % Asphalt Binder Content I 75 % Production A.IT V oiM-) I 50% (1) (2) (3) Lowest Pay Factor applies when there are multiple reductions on a single test. See criteria for mixture production start-up Excluding the 0.075 mm [#200J sieve, use 95% pay factor if failure is within aggregate gradation broadband, Table 2360.2-E. L7 Moving Average Failure - Percent Asphalt Binder Content, VNlA, and Gradation For mi'cture properties including asphalt binder content, VIvg, and gradation, where the moving average of four exceeds the J1v1F limits, the mi'Xture is considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 75 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample.point of all individual test results beyond the J1yfF limits which contributed to the moving average value that exceeded the J1yfF limit, to the sampling point when the individual test result is back within the J1yfF limits. Wilen the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that .day. L8 Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate .A..ngularity, Fine Aggregate A..ngularity or -4.75mm [- #4] calculated crushing fail to meet minimum requITements in Table 2360.3-B2a, all material placed is subject to reduced payment as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. Wnen the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. M Quality Assurance The Engineer will periodically 'iYitness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. The Engineer may obtain additional samples, at any time, to determine quality levels. These additional samples or verification samples are described in Section 2360AN. For mi'cture, the Contractor shall test their portion immediately. All testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management (QIvI) Technician. Certification shall be in accordance with the Mn/DOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest version of the Ivfn/DOT Bituminous Manual. Page 29 of 48 2360/2350 Combined Specification December 9,2003 Table 2360.4-M Allowable Differences (Tolerances) Between Contractor and M:af.9.G:.'J-. O,vner Test Results* Item I Allowable Difference ML'cture Bulk Specific Gravity (Gmb) I 0.030 ML'cture Ma:x.im.um Specific Gravity (G=) I 0.019 VN1.A.. (Calculated) I 1.2 Fine Aggregate Angularity, uncompacted voids CUl % 1 Coarse Aggregate .A..ngularity, % fractured faces (%P) 15 Aggregate Individual Bulk Specific Gravity (+4.75mm [+ #4]) 0.040 Aggregate Individual Bulk Specific Gravity (-4.75mm [- #4]) I 0.040 Aggregate combined blend Specific Gravity (Gsb) I 0.020 Tensile Strength Ratio (TSR) % I See Table 2360.3-B2b Asphalt Binder Content Meter Method, % I 0.2 Spot Check Method, % I 0.2 Chemical Extraction Methods, % I 0.4 Incinerator Oven, % I 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods I 0.4 Incinerator Oven vs. Spot Check I 0.4 Gradation Sieve % passing 25.0,19.0,12.5,9.5 mm [1 inch, 3/4 inch, 1/2 inch, 3/8 inch] I 6 4.75 mm [#4J I 5 2.36 mm [#8J I 4 0.075 mm [#200J I 2.0 "'Test tolerances listed are for sing1e'test comparisons. N Verification Testing A verification sample is a sample, which is sampled and tested by ;:,J;:/DCT the OV..lJ.er to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to ~,J:J/DCT':; tb.e Ow'tler's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as part of the QC program. The verification companion sample will replace the next scheduled QC sample. It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. Verification testing shall be performed on at least one set of production tests Section 2360.4E, excluding sections E9, E10, Ell, and E12, on a daily basis per mL'( type. The verification companion sample will be used to verify the requirements of Tables 2360.2-E, 2360J-B2a, 2360J-B2b, and 2360.3-B2c and will be compared to the Verification sample for c'ompliance with allowable tolerances as specified in Table 2360.4-M. These include the mixture properties of Gmm (mi'Xture max gravity), Gmb (rni'rtUre bulk gravity), asphalt binder coment, VlviA.. (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that meets the requirements of Section 2360.4E7 and 2360.4E8 the one test per week shall be performed on a verification companion. These do not include the aggregate bulk specific gravity Gsb, fines to effective asphalt, or the tensile strength ratio (TSR). Asphalt binder coment and gradation must be determined by either extraction method 2360.4E1b or 2360AE1c. Asphalt content from the verification test result must be used to determine V1v1.A... Tne l)cPi:.,,-:::;:;C:1:'s O\vner's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the D:s:r:c: LubG:'::'Wr::i Engineer for Gmmrnixture max gravity, Gmb mixture bulk gravity, air voids (calculated), asphalt binder content, VN1.A.. (calculated). Gradation and crushing results ",ill be prOvided to the Contractor within 3 :tvInlDOT working days. Once the verification test results are available, they ",ill be included on the test summary sheet. These results and those from the Contractor's verification companion will be compared for allowable tolerances as specified in Table 2360A-M. If the tolerances are met, the verification process is complete. Page 30 of 48 2360/2350 Combined Specification December 9, 2003 If the tolerances betvieen D::;;:.r7:::::::::t O\vner and Contractor are not met, retests of the material shall be conducted by the DC~:::""-;'..;:;J.c::::t Owner. If the retests fail to meet tolerances, the :!:':~:::'::::::::;;:::::'3 O"vuer's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance. Only those parameters out of tolerance will be substituted and, if applicable, volumetric properties will be recalculated (1). . When tolerances from the verification sample retests are not met, an investigation will begin immediately to determine the cause of the difference. Testing equipment, procedures, worksheets, gyTatory specimen height sheets, and personnel will be reviewed to determine the source of the problem. The Dist.'ic: f-/j:at::-::J.~s Engineer may also require a hot-cold comparison of mi'ffilre properties be performed. The procedure for hot-cold comparisons is as follows: The hot-cold comparison sample will be split into three representative portions. The Engineer will observe the Contractor testing the sample. One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature). The second and third part will be allowed to cool to air temperature. The Contractor will retain the second part and the third part will be transported to the :!:'i:T:ic: ~,I:::::-:::~s l:..:l'::;:;:':::':J.c: Enzineer. On the same day and at approximately the same time the Contractor and the Di:::-:c: ~,:;::::::-::::.l: T:::''::;X:':::j' En2:ineer will heat their samples to compaction temperature and compact them. From tbis information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimum of three Marshall specimens or two gyratory specimens. Tbis test may be repeated at the discretion of the Contractor or the Dis::-i:: ~,:I:.t::ri:::.is Engineer. Note: Care must be taken when reheating samples for mi"(ture properties analysis tests. lv1i-x samples should be reheated to 700C [1600F] to allow splitting of the sample into representative fractions for the various tests. Overheating of the mi'xture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The D:;:;:::...-::::::::;::: O\vuer will test the previously collected QA samples until they meet the tolerances or the remai.T1ing samples are all tested. Once these samples are tested, the :i:.t::J.~":2;::: Ovmer will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of&e1"frFtfrteE:E- Owner test results for those parameters out of tolerance (1). Ifreestablishment of test result tolerances is not acbieved within 48 hours, the Conrractor shall cease mi.'XtUIe production and placement until the problem is resolved. (1) If, tbroughanalysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQ1TlRElVIENTS A General Tne following construction requirements provide for the construction of all courses. Wilen construction is under rraffic, the requirements ofMnlDOT 2221.3D will apply. B Restrictions In general, no work within the roadway will be permitted in the spring until seasonal load restrictions on roads in the vicinity have been removed. However, work within .the roadbed may be permitted before that time if, in the opinion of the Engineer, it can be done without damage to the subgrade. H1vLA. shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable, Page 31 of 48 2360/2350 Combined Specification December 9,2003 No asphalt pavement wearing course (final wearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an east-west line between Browns Valley and Holyoke, nor after November Is! south of that line. The Engineer may waive these restrictions when: (1) The asphalt mixture is not being placed on the traveled portion of the roadway, or (2) The roadway involved will. not be open to traffic during the following winter, or (3) The Engineer directs in writing the :rn.L'cture be placed. Tne ContracLar shall not use petroleum distillates such as kerosene and fuel oil to prevent adhesion of asphal! mixtures in pavement hoppers, truck beds, or on the contact surfaces of the compaction equipment. Anti-adhesive agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent Report on file in :iYfn/DOT's Office of Environmental Services and the Bituminous Office. C Equipment Cl Asphalt Mixing Plants Cla Requirement for All Plants Tne Contractor shall test and calibrare all scales according to Mn/DOT 1901, except as otherwise designated by the Contract. Cla(l) Equipment for the Preparation of the Aggregate Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constam and uniform feed. Cla(2) Equipment for the Preparation of Asphalt Material Tanks for storage of asphalt material at the plant shall be equipped to heat the material and maintain the material at the required temperatures. The discharge end of the circulating line shall be below the surface of the asphalt materiaL Provide agitation for modified asphah, when used, ifrecommended by the supplier. An outage table or chart and measuring stick shall be provided for each storage or working tank. Tanks shall be equipped with provisions for taking Qf asphalt binder material samples. After delivery of asphalt binder material to the Project, the ContracLar shall not heat the material above 1750C [350oF]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. Cla(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a working tank or a metering system for determining asphalt binder content of the :rn.L'cture. The working tan..1< shall have a capacity between 3,800 L [1,000 gallons] and 7,600 L [2,000 gallons]. The working tank shall be calibrated and supplied with a calibrated measuri..ng stick. The tan..1< may be connected to a mixing unit and used only during spot check operations, but it shall be available ar all times. Any feedback shall be returned to the working tank during spot check operations. The metering system shall consist of at least one approved asphalt binder flow meter in addition to the asphalt binder pump. The flow meter.shall be connected to the asphalt binder supply to measure and display only the asphalt binder being fed to the :rn.L'i:er unit. The meter readout shall be positioned for convenient observation. Means shall be provided for comparing the flow meter readout with the calculated output of the asphalt binder pump. In addition, the system shall display in liters [gallons] or to the nearest 0.001 metric tons [0.001 tons], the accumulated asphalt binder quantity being delivered to the mixer unit. The system shall be calibrated and Page 32 of 48 23 60/23 50 Combined Specification December 9,2003 . adjusted to maintain an accuracy of i: one percent error. Tills calibration shall be required for each plant set-up prior to production ofmi'l:ture. Cla(4) Dryer: The aggregate shall be free of unburned fuel. Cla(S) Thermometric Equipment: The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. Cla(6) Pollution Controls Cla(6)(a) PoIlu ti 0 n ..................................................................................................................................... 1 71 7 C1a(7) Surge and Storage Bins The plant may include facilities to store hot asphalt mi'cture for coordinating the rate of production wim me paviIlg operations. Storage of the hot mixture will be permitted for a period not to exceed 18 hours, provided the following requirements are met: (a) Hot mix storage facilities shall be designed and operated to prevent segregation of the mix, drainage of the asphalt from the mi'l:, and to prevent excessive cooling or overheating of me mixture. (b) The temperature of me mi'cture at time of discharge from me storage facility shall be within a' tolerance of 50C [90F] of the temperature when discharged from the silo or mi'l:er. C2 Placement and Hauling Equipment All equipment shall be serviced away from me paving site to prevent contamination of the mi'l:ture. UnitS that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Pavers Asphalt pavers shall be self-contained, power-propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike-off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, screed extensions and auger extensions are required if the paving widm on either side of the paver is greater than the basic screed unless otherwise directed by the Engineer. Strike-off only extension assemblies are not allowed for mainline wearing course paving, unless directed by the Engineer. . the Contract. Automatic screed control by means of an erected string line shall only be required when stated in .All pavers shall be equipped with an approved automatic screed controL The automatic controls shall include a system of sensor-operated devices, willch follow reference lines, or surfaces on one or bom sides of the paver as required. The speed of me paver shall be adjusted to produce the best results. All mixtures shall be spread without segregation to the cross sections shown in me plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so mat subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, a Page 33 of 48 2360/2350 Combined Specification December 9, 2003 motor grader equipped with a leveling device, or with other means for controlling the surface elevation of the leveling layer. All mi'rtures shall be spread, to the fullest extent practicable, by an asphalt paver. When approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture ma.lees it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mi'Cture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mi'Ctures shall have tight, clean, and smooth beds. :NIkvture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti-adhesive agent in accordance with Section 2360.5B. Each truck shall be equipped \vith a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least 300 mm [1 foot] over the sides and be attached to tie-do\vns unless the truck is furnished with a mechanical or automated covering system, which prevents airflow underneath by stretching the cover tightly on the top of or inside the sideboards. The cover shall be used when directed by the Engineer. C2c Motor Graders Motor graders shall be self-propelled and have pneumatic-tires with a tread depth of 13 mm [1/2 inch] or less. They shall be equipped with a blade not less than 3 m [10 feet] in length and shall have a wheelbase of not less than 4.5 m [15 feet]. D Treatment of the Surface Dl Tack Coat An asphalt tack coat shall be applied to existing asphalt and concrete surfaces, and to the surface of each course or lift constructed, except for the final course or lift, according to Mn/DOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brawn to black, before a subsequent lift is placed. The contact surfaces of all fixed structures and the edge of the in-place mi'X:ture in all courses at transverse joints and longitudinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining mi'Cture. E Compaction Operations After being spread, each course shall be compacted to the required density. The rollers shall, as practicable, be operated continuously so all areas are thoroughly compacted to the required density. wilen not operating, the rollers shall not stand on the uncompacted mixmre or newly rolled pavement having a surface temperature exceeding 60cC [140oF]. Rolling with steel-wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the mixture. To prevent adhesion of the mi'Cture to the steel ro.ller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. Page 34 of 48 2360/2350 Combined Specification December 9,2003 To secure a true surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, rat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the D::;;a;,,-:e:::.: O\vner. Wilen mixtures are spread by a motor grader, pneumatic-tired rollers shall compact the mixture simultaneously with the spreading operation. . F Construction Joints Joints shall be thoroughly compacted to produce a neat, tightly bonded joint that meets surface tolerances. Both transverse and longitudinal joints are subject to density requirements as outlined in Section 2360.6 Pavement Density. Fl Transverse Joints A transverse joint (full paver width at right angles to the centerline) shall be constructed when mi'i:rure placement operations are suspended. The ronvard end or the freshly laid strip shall be thoroughly compacted by rolling before the mixture has cooled. Wilen work is resumed, the end shall be cut vertically ror the full depth or the layer unless a rormed edge is constructed as approved by the Engineer. F2 Longitudinal Joints Longitudinal joints between strips shall be parallel to the centerline. In multiple lift construction, the longitudinal joints between strips in each lift shall be constructed not less than 150 IDID [6 inches] measured transversely from the longitudinal joints in the previously placed lift. wilen the wearing course is constructed in an even number or strips, one longirudinal j oint shall be on the centerline of the road. Wilen it is constructed in an odd number of strips, the centerline of one strip shall be on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. Longitudinaljoints in multiple lift constrUction over Portland cement concrete pavements may be aligned directly over the concrete pavement longitudinal joints at the discretion orthe Engineer. At longitudinal joints rormed by placing multiple strips, the adjoining surface being laid shall, after final compacting, be slightly higher (but not to exceed 3 IDID [1/8 inch]) than the previously placed strip. wilen constructing a strip adjoining a previously placed strip or a concrete pavement, any fresh mixture that overlaps a previously placed strip or pavement shall be removed (to the longitudinal joint line) berore any rolling is done. G Asphalt Mixture Production (FOB Dep:n':mcnt Owner Trucks) For asphalt mixture production, the Contractor shall, in addition to the asphalt mi'i:ture required on the Project, produce and deliver asphalt r:rJi..."tuIe to the Dcp::l:-::::;o;:t OViller. The mixture shall be the mixture being produced and shall be loaded on D::,;:;::..'7:::1::::::': O\vTIer furnished trUcks at the mi'i:ing plant at a time agreed on by the Engineer and Contractor. The Engineer will noht'''y the Contractor of the total quantity ormLxture desired not less than 2 weeks prior to completion of the wearing course construction. Tile Engineer will not accept the asphalt mbcture if it is inappropriate for the D::.;::c.;:::;::;.::::::.:':; O'wners' s intended use. H Small Quantity HlVL-\. Paving Unless otherwise indicated in the Special Provisions, the rolloVving provision for a small quantity of asphalt mixture shall apply. A rvtixture Design Report is not required for planned project quantities less than 191,200 m2 IDID [9,000 square yard inches [4,500 square yards per:2 inch thickness, etc]) or 450 metric tons [500 tons]. However, the Contractor shall verify in \vr:iting the asphalt mixture delivered to the project meets the requirements of Table 2360.3-B2a and Table 2360.3B2b. The D::p::"-:::::J.c:;:tt Owner will obtain samples, as determined by the Engineer, to verify percent design air voids and gradation. These results will be used for material acceptance. Air Page 35 of 48 2360/2350 Combined Specification December 9,2003 voids will be subject to the requirements of Section 2360AL1b for isolated air voids and a gradation falling outside the requirements of Table 2360.2-E will be subject to payment as indicated in Table 2360A-L2b. 2360.6 P A VElYIENl' DENSITY A General All pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. B Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Ta:ble of Required Density, Table 2360.6-B2, for the applicable mixture and course. B1 Maximum Density Determination The Density requirements listed in Table 2360.6B2 are percent of maximum specific gravity (Gmm) based on the individual lot. The Ma:xj.mum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two ma-'Cimum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more mCL'Cimum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. BIa Pavement Density Determination The density of each lot shall be expressed as a percentage of the ma,'Cimum specific gravity (% Gmm) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average Gmm ofQC tests done on the day that the individual lot was paved as described above). Determination of the bulk specific gravity of the cores shall be in accordance with AASHTO T -166, NInlDOT modified. For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM DU88, lv1nIDOT modified. ASTM D6752 MnlDOT modified (Corelok) is also allowed for determination of bulk specific gravity of coarse graded mixtures. Selection of the test method to determine coarse graded mL'\."ture bulk specific gravity shall be agreed upon at the time of mix: design submittal. Both the Contractor and MEfDG+- O'Wner shall use the same test method to determine bulk specific gravity. The determination of coarse and fine graded mixtures \vill be based on the percentage ofmatenal passing the 2.365 mm sieve [#8] as defined in Table 2360.3-B2c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination. Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mL'cture placement. Compacted mL'(tures represented by samples or tests having deficient densities shall not be re- rolled. The Contractor shall not operate below' the specified minimum density on a continuing basis. A continual basis shall be defined as all lots in a day's production failing to meet minimum density or more than 50% oflots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the problem is d~termined and corrective action is taken to bring the work into compliance with specified minimum required density. B2 Required Density l:v1inimum density requirements for both gyratory (SP) and Marshall designed mixtures are listed in Table 2360.6-B2. Page 36 of 48 2360/2350 Combined Specification December 9,2003 Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 1.8 meters [6 feet] paved shall be compacted by the Maximum Density Method. When shoulders arerequired to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 1.8 meter [6 feet] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Methcid. rvI.ixture compacted under Ordinary Compaction is excluded from lot density requirements and that tonnage is also excluded from incentive/disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method, the minimum required density is listed in Table 2360.6-B2. If the minimum required density of the shoulder is different than the driving lane, the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving (two pavers running next to each other in adjacent lanes) shall be considered separate operations. eqUlre 1. llllm um ens! v I SP W e~r a.nd All Nn' SP Nonwear (1)(2) I SP Shoulders (1)(2) and LV Mixtures (1;(_) Location from I S; 100 mm [4 inch]** > 100 mm [4 inch]** I Designed at I Designed at surface * 3 % voids 4% voids %Gmm I 92.0 93.0 I 93.0 I 92.0 Table 2360.6-B2 R . d lYI" D't 1) 2) * SP 1vIixtures only ** Ifless than 25% of a layer is within 100 mm [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes. Minimum reduced by one percent on the fust lift constructed over PCC pavements. Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and fust lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). B2a Lots & Core Locations XWhen mix production is less than 270 metric tons [300 tons], establish 1 St lot when accumulative tonnage exceeds 270 metric tons [300 tons]. Daily Production I Metric (ton) (English (Ton)] I Lots 270* - 545 [300* - 600] I 1 546-910 [601-1,000] I 2 911- 1,455 [1,001-1,600] I 3 1,456 - 3,275 [1,601- 3,600] I 4 3,276 - 4,545 [3,601- 5,000] I 5 4,546 + [5,001 +] I 6 Table 2360.6-B2a Lot Determination Divide the days production into equal lots as shown in Table 2360.6-B2a. Tue Engineer may require additional density lots be established to isolate areas affected by equipment malfunctionlbreakdo'iVIl, heavy rain, or other factors that may affect the normal compaction operations. Obtain three cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third core, a companion core, shall be taken within OJ meters [1 foot] longitudinally from either of the fITst two cores. The companion cores shall be given to the :gef'::::xeni- Owners Street Inspector immediately upon completion of coring and sawing. The random locations Page 37 of 48 2360/2350 Combined Specification December 9, 2003 \"ill be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. Both transverse and longitudinal joints are subj ect to maximum density requirements. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not butt up against another mat, pavement surface, etc.) cut the core with the outer edge of the core barrel OJ meters [1 foot] away (laterally) from the edge of the top of the mat Goint). If the random core location falls on a confined joint (edge of the mat being placed butts up against another mat, pavement surface, curb and gutter, or fL'(ed face), cut with the outer edge of the core barrel 15 0 mID == 12.5 rom [6 inches == 0.5 inch] from the edge of the top of the mat (ex. center oflOO mID [4 inch] core barrel 200 rom == 12.5 rom [8 == 0.5 inches] from the edge of the top of the mat). Cores will not be taken within 300 rom [1 foot] of any unsupported edge The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. B3 Core Testing Cores will be ta.1.:en and tested by the Conrractor. Core locations will be determined and marked by the Engineer. The Contractor shall schedule the approximate time of testing during normal project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction. If multiple layers are placed in a single day, cores shall be sawn and separated for each layer, tested and reported by the end ofthe next working day. The Contractor will cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mi'<ture without additional compensation. Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fine of$100 per working day, per lot, until the core holes are restored. Cores shall be cut using a 100 rom [4 inch] minimum outer diameter coring device. All samples shall be marked with the lot number and core number or letter. The cores shall be transponed to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Depanment scales or transported to the D ;;t::L. :.~,::;;::::':: Pi::~c: l..-::-.: C;'::::::-',;' ::;- Di::::':c: :'1::-.:::;':::1.:; En2ineer's Laboratory. Measure each core three times for thickness prior to saw cutting, report the average lift thickness on the core sheet. Tnese average thickness will contribute to thickness compliance as described in Section 2360.7A If the tieps""ffi:.-i::i'ti:- Owner companion core test result for bulk specific gravity (Gmb) deviates beyond the allowable tolerance of 0.030, substitute blepaF.:ffi:efrt- Owner companion result for Contractor's core result and then average the blep-ar-"trrleUi:- O\vl1er result with the non-companion result for the lot density acceptance. If, through analysis of data, it is determined there.is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. If the Gmb tolerance fails in more than 2 lots in a day of either consistently high or low differences between the companion cores then an investigation to determine the source of errors shall be conducted. Companion cores samples shall be increased to nvo per lot and tested until investigation is complete and tolerances are met. The Engineer may allow recoring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. The Contractor's cores will be used for acceptance if the determined bulk specific gravity Gmb from AA.SHTO T-166, ivfnlDOT modified or ASTM Dl188 is within i: 0.030 of the s:::::;; Owner companion Gmb value. Payment for lot densities of compacted mixture shall be determined from Table 2360.6-B4 or 2360.6-B4A. Incentive and disincentive payments are for both wearing and non-wearing courses. Page 38 of 48 2360/2350 Combined Specification December 9, 2003 When the density requirement has been reduced by one percent, per Table 2360.6-B2, footnote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6-B4A. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6-B4, including incentives, for first l1.4: constructed on aggregate base, reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (reduced density 'shall not be waived for the first lift constructed on PCC pavements). Tne request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density will be in accordance with Table 2360.6-B2 (excluding footnote 2) and Table 2360.6-B4, and will remain in effect for the duration of mi'<ture placement on that lift. The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Percent ofMa.'( Specific Gravity (-) Percent of Max Specific Gravity (2) Percent SP Wear (~100 mm [4 inches] from Surface) SP Non-Wear (>100 mID [4 inches] from Surface) Payment AllMV & LV, SP Shld (4% Void) SP Shoulders (3% Void) 93.6 and above I 94.6 and above I 104 (~) 93.1 - 93.5 I 94.1 - 94.5 I 102 (Jj 92.0 - 93.0 I 93.0 - 94.0 I 100 91.0-91.9 I 92.0- 92.9 I 98 90.5 - 90.9 I 91.5 - 91.9 I 95 90.0 - 90.4 I 91.0 - 91.4 I 91 89.5 - 89.9 I 90.5 - 90.9 I 85 89.0 - 89.4 I 90.0 - 90.4 I 70 Less than 89.0 (4) I Less than 90.0 I (4) Table 2360.6-B4 Pavment Schedule for Maximum Densitv Percent ofMa'( Specific Gravity (2) Percent of Max Specific Gravity (2) Percent SP Wear (~100 mm [4 inches] from Surface) SP Non-Wear (>100 mID [4 inches] from Surface) Payment -,UI MV & LV , SP Shld (4% Void) SP Shoulders (3% Void) 91.0 and above 97.0 and above I 100 90.0 - 90.9 I 91.0- 91.9 I 98 89.7 - 89.9 I 90.5 - 90.9 I 95 89.4 - 89.6 90.0 - 90.4 I 91 89.2 - 8903 I 89.5 -89.9 I 85 89.0 - 89.1 89.0 - 89.4 I 70 Less than 89.0 (4) I (" Less than 89.0 -) Table 2360.6-B4A (1) 1 % Reduced Table (1) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6035 metric ton [i ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). (2) In calculating the percent of maximum specific gravity, report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within - 0.5 percent of the target air void value. Tne weighted average air voids shall be based on all the mi'<ture production tests (2360.4e) for the corresponding day and shall be weighted by the tons the corresponding test represents. (4) The HivIA. material represented by the lot shall be paid at a 70% pay factor, unless a single core density is less than 87.0% of the ma.'<imum specific gravity (Gmm). If a single core density is less than 87.0% of Gmm, the material shall be removed and replaced by the Contractor at their expense Page 39 of 48 2360/2350 Combined Specification December 9, 2003 with rni'<ture that meets the density requirements; or the Engineer may permit the unacceptable material to remain inplace with a 50% pay factor. The limits of the area to be removed \-vill be determined by additional core samples. These additional core samples shall be taken at the same offset from centerline as the original core; unless the original low density core was taken within 0.45 m [1.5 feet] of an edge of the paver pass. In that case, the additional cores shall be taken 0.45 m [1.5 feet] from the edge of the paver pass. The densities shall be determined at 15 m [50 foot] intervals, both ahead and back of the point of unacceptable core density (less than 87.0% of Gmm), until a point of acceptable core density (87.0% of Gmm or greater) is found. If the incremental core density testing e),,'tends into a previously accepted lot, removal of the unacceptable material will be required; however, the results of these tests shall not be used to recalculate the previously accepted lot density. All costs incurred from additional coring and testing, resulting from unacceptable core density, will be paid by the Contractor. The unacceptable pavement area is to be computed as the product of the longitudinal limits so determined by the 15 m [50 foot] cores and the full width of the paver pass, laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. After the unacceptable material (core density less than 87.0% of Gmm) has been removed and replaced, the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6-B4 or 2360.6-B4A, whichever applies. There \-vill be no payment for the material removed. The remainder of the original lot shall have a 70% pay factor. C Ordinary Compaction Method Ordinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness ofless than 40 mID [11/2 inches], thin lift leveling, wedging layers, patching layers, driveways, areas which cannot be compacted with standard highway construction equipment. Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction. The ordinary compaction method shall not be used on mainline, ramp, or loop paving, unless otherwise designated in the plans or special provisions. Wilen density is evaluated by the ordinary compaction method a control strip shall be used to establish a rolling pattern. This shall be used by the Contractor for the compaction of the asphalt mi'<ture for the layer on which the control strip is constructed, or until a new control strip is constructed. The control strip requirement may be waived by the Engineer in small localized areas or other areas not conducive to its establishment. A control strip shall be constructed at the beginning of the work on each lift of each course. Each control strip shall have an area of at least 330 m2 [395 square yards] and shall be of the same thickness as the lift it represents. Tue subgrade or pavement course upon which a conrrol strip is to be constructed shall have the prior approval of the Engineer. The control srrips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified requirements for the course. The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. The equipment used in the construction of the contra! strips shall be approved by the Engineer and shall be the same type and mass used on the remainder of the pavement course represented by the conrrol strip. A minimum of two rollers shall be required. A rolling pattern shall be established for each roller. A pneumatic-tired roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rolling shall be performed with a tandem steel-wheeled roller. Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer. Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverages. Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to Page 40 of 48 2360/2350 Combined Specification December 9,2003 determine the optimum rolling pattern. The Contractor shall furnish documentation of the gro'Wth curve to the Engineer. To determine when no appreciable increase in density can be obtained, two test points shall be established in the control strip on a random basis and the"density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass. Rolling shall be suspended when testing shows either a decline of more than 2% of the maximum specific gravity or when additional roller passes fail to increase the density. Ai'ter said testing is accomplished, rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller. A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the Jfv1F is made, or (b) A change in the source of material is made or a change in the material from the same source is observed. A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip, or (b) There are other reasons to believe that a conrrol strip density is not representative of the HMA mi'<ture being placed. The nuclear testing device shall be furnished and operated by the Contractor. The furnishing of the testing device and the operator \vill be considered incidental to the furnishing and placement of the HfvL;. mL'<ture and shall not be compensated for separately. The device shall be calibrated according to procedures described in the MnlDOT Bituminous Manual. Each course shall be uniformly compacted until there is no funher evidence of consolidation and all roller marks are eliminated. When this method is employed, and the quantity ofmL'<ture placed by the paver exceeds 100 metric tons [11 0 tons] per hour, at least two rollers are required for compacting the mi'\.'ture placed by each paver. C1 Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. C2 Steel-Wheeled Rollers Steel-wheeled rollers shall be self-propelled and has a minimum total mass of7.3 metric tons [8 tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 45 b'T per meter [3,085 lbf per foot] of width. The frequency should be at least 2400 vpm and amplitude setting low. The roller shall be capable of reversing without backlash and shall be equipped with spray attachments for moistening all rollers on both sets o[1.vheels. C3 Pneumatic-Tired Rollers The pneumatic-tired roller shall have a compacting width of 1.5 m [5 feet] or more. It shall be so constructed that the gross wheel load force shall be a minimum of 13 k.1\T [3,000 pounds] per wheel for LV and.tvIV mixtures and SF Level 2-3 mi.'<tures and 22 b'T [5,000 pounds] per wheel for SP Level 4-6 mi'<tures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. Page 41 of 48 2360/2350 Combined Specification December 9,2003 The roller may be self propelled or provided \'\lith suitable tractive equipment, unless othernise specified in the Contract. If more than one roller is propelled by a single tractive unit, then that combination \'\Iill be counted as a single roller unit. C4 Trench Rollers Trench rollers shall be self propelled and have a mass of not less than 4,400 kg per meter [2,960 pounds per foot] of width. C5 Mixture Temperature Controls If compaction is obtained by the ordinary compaction method, the minimum laydown temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shaU be in accordance with the temperature requirements of Table 2360.6-C5. Unless directed by the Engineer in writing, no paving is allowed under the Ordinary Compaction Method when the air temperature is below OOC [320F]. 1 ure empera ure on ro Air I Compacted Mat Thickness, mm (A) Temperature oC [OF] I 25 mID [1 inch] I 40 mm [1-112 inch] I 50 mm [2 inch] I >75 mm [3 inch] +0-5 [32-40] I -- I 129 l;:J) [265] T 124 [255] I 121 [250] + 6-10 [41-50] I 130 l;:J) [2iO] I 127 [260] I 121 [250J I 118 [245] + 11-15 [51-60] I 127 l.tl) [260] I 124 [255] I 118 [245] I 115 [240] + 16-21 [61-iO] I 121(;:J) [250] I 118 [245] I 115 [240] I 113 [235] + 22-27 [iI-SO] I 118 [245] I 115 [240] I 113 [235] I 113 [235] + 28-32 [81-90] I 113 [235] I 110 [230] I 110 [230] I 11 0 [230] + 33 [91+] I 110 [230] I 110 [230] I 110 [230] I 107 [225] Table 2360.6-C5 Mixt T t Ctl (A) (B) Based on approved or specified compacted l1.4: thickness. A minimum of one pneumatic-tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modL.")' in \-vriting (\-villi concurrence from the Department Bituminous Engineer) a minimum laydown temperature. 2360.7 TIDCKJ.'rESS Al'i"D STJRFACE SlY100TID"'ESS REQtJ1REMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 6 mID [114 inch] of the thickness sho\'\ln in the Plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are required. Tile Engineer may require removal and replacement, at the Conrractor's expense, of any pan of any lift that is constructed to less than the minimum required thickness. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 6 mm [114 inch] will be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. Cores taken for density determination shall be measured for thickness also. Each core shall be measured 3 times for thickness prior to sawing. Report the average of these three measurements. Each lot's average core thickness shall be documented and submitted to the Engineer. If the average of the two Conrractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. Tile average of all core thickness measurements per lift will be used to determine compliance with thickness specifications. Page 42 of 48 2360/2350 Combined Specification December 9,2003 B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and tom sections, and shall be smooth and true to the grade and cross section shown on the Plans with the folloVling tolerances: (1) Wbere a leveling lift is specified, it shall be constructed to within a tolerance of 15 mID [1/2 inch] of the elevations and grades established by the Engineer. This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the final two lifts placed shall show no variation greater than 6 rom [1/4 inch] from the edge of a 3 m [10 foot] straightedge laid parallel to or at right angles to the centerline. Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 6 mID [1/4 inch] from the edge of a 3 m [10 foot] straightedge laid parallel to the centerline. - (3) After [mal compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 6 mID [114 inch] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 6 mm [114 inch] than the surface of the structure. (4) Transverse joints (constructionjoints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 6 mm [1/4 inch] from the edge of a 3 m [10 foot] srraightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above described limitations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing l1.4:, shall not vary from the slope shown in the Plans by more than 0.4 percent. (6) The distance between the edge of each lift and the established centerline shall be no less than the Plan distance nor more than 75 mm [3 inches] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall not deviate from the established alignment by more than 25 rom [1 inch] in any 7.5 m [25 foot] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and tom sections. _-'\ny material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the 1):;:;0.'::::;:::';:1: Owner or Vlith the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at $12 per square meter [S10 per square yard]. C Pavement Smoothness Cl General Pavement smoothness will be evaluated on the final mainline pavement surface using a California type profilograph or Inertial Profiler (IF) with a 5 mm [0.2 inch] blanking band. Unless otherwise authorized by the Engineer, all smoothness testing shall be performed in the presence of the Engineer. The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed. Any testing performed without the Engineer's presence, unless otherwise authorized, may be ordered retested at the Contractors expense. The following table shows pavement surfaces, which are excluded from profilograph testing, but subject to Section 2360.7B surface requirements. Page 43 of 48 2360/2350 Combined Specification December 9,2003 ro I ograpJ estmg xc USlOns Pavement Surfaces Excluded From Profilograoh Testing Ramps, Loops, Climbing Lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, Bypass Lanes Shoulders Acceleration, Deceleration Lanes Intersections constructed under traffic - Begin and end the exclusion 30.5 m [100 feet] from the intersection radius Sections less than 15.24 m [50 feet] in length Proiects less than 300 m [1000 feet] in length Mainline paving where the normally posted regulatory speed is less than or equal to 70 kmJhr [45 miles per hour] -- Be2in the exclusion at the sign Single lift overlays over bituminous with a PSR < 2.8 Single lift overlays over concrete. Horizontal Curves with a radius less than 289.6 m [950 feet]. . Horizontal Curves with a degree of curvature greater than or equal to 60. V mical Curves - Absolute value of grade change is 2 % or more and curve length is 91.4 m [300 feet] or less. Vertical Curves - Absolute value of grade change is 3 % or more and curve length is 121.9 m [400 feet] or less. Vertical Curves - Absolute value of grade change is 4 % or more and curve length is 182.8 m [600 feet] or less. Vertical Curves - Absolute value of grade change is 8 % or more and CUJve length is 213.4 m [i00 feet] or less. Note: Begin and end the exclusion at the PC (PVC) and PT (PVT), respectively Table 2360.7-C1 P fil hT E I CIA Smoothness Requirements Pavement smoothness requirements will be evaluated by Table 2360.7-C6A, 2360.7-C6B, or 2360.7-C6C. The pavement smoothness table will be identified in the Special Provisions of the proposal. C2 .Measurement Smoothness wil:l be measured with a 7.62 m [25 foot] California type profilograph or an Inertial Profiler (IP), which produces a profilogram (profile trace of the surface tested). Either type of device must be certified according to the procedure on file in the Bituminous Office. One pass will be made in each lane, 2.74 m [9 feet] from centerline. The profilograph or IP shall be in the direction the rraffic will be moving.' Each lane will be tested and evaluated separately. The Engineer will determine the length in kilometers [miles] for each mainline traffic lane. The profilograph will be operated at a speed no greater than a normal waLl(, no greater than 6 kmJhr [4 miles per hour]. Motive power may be provided manually or by the use of a propulsion unit approved by the Engineer. The IF will be operated at the optimum speed as defined by the manufacturer. C3 Profilograph testing The Contractor will furnish a properly calibrated, documented, and cenlled 7.62 m [25 foot] California type pro fila graph or IF. The pro fila graph or IF shall be equipped with automatic data reduction capabilities unless otherwise authorized by the Engineer. Certification documentation shall be provided to the Engineer on the first day the profilograph or IF is used on the project. User selected profilograph or IP settings are on file in the Bituminous Office. The Contractor will furnish a competent operator, trained in the operation and evaluation of the 7.62 m [25 foot] California profilograph or IF. All objects and foreign material on the pavement surface will be removed by the Contractor prior to testing. Tile pavement surface will be divided into sections which represent continuous placement. A section will terminate or begin 15.24 m [50 feet] before or after a bridge approach panel, bridge surface, manhole or similar interruption. These 15.24 m [ 50 foot] sections, including the transverse joint, will be evaluated under Section 2360.7B, Surface Requirements. A day's work joint will be included in the trace with no special consideration. A section will be separated into segments of 0.1 kID [0.1 mile]. A segment will be in only one traffic lane. Page 44 of 48 2360/2350 Combined Specification December 9,2003 A profilogram will be made for each segment of 15.24 m [50 feet] or more. The profilogram will include the 7.62 m ~25 foot] at the ends of the section only when the Contractor is responsible for the adjoining surface. End ofrun areas not included in the profilograph trace and any sections of pavement less than 15.24 m [50 feet] in leng-ill shall be checked longitudinally with a 3.028 m [10 foot] straight edge and the surface shall not deviate from a straight line by more than 6 mm in 3.028 m [114 inch in 10 feet]. Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The profile trace and index for each segment of pavement must be furnished to the Engineer within 48 hours after each days run. Identification of all bumps and dips, with signature of the Operator shall be included with the submitted trace. The Contractor Will submit a [mal evaluation generated from approved software, to the Engineer within five days after all mainline pavement placement. Software is available from the ivfnlDOT Bituminous Office at www.mrr.dot.state.mn.us/pavemenubituminouslbituminous.asp. The evaluation submitted shall be in tabular form, with each 0.1 kID [0.1 mile] segment occupying a row. Each row shall include the beginning and ending station for the segment, the length of the segment, the profile index for the segment, the profile index incentive/disincentive in dollars for the segment, and the deductions for bumps in dollars for the segment. Each continuous run will occupy a separate table and each table will have a header that includes the following: the project number, the roadway number or designation, the specified ride table, a lane designation, the mi'( type of the final lift, the PG binder of the final lift, the date of the pro fila graph run, and the beginning and ending station of the continuous run. Each table will have a summary at the bottom that includes the following: a subtotal for the profile index incentive/disincentive, a subtotal for the bump deductions, and a total for incentive/disincentive for both profile index and bumps. The Contractor will be responsible for all traffic control associated with the smoothness testing. Any portion of the project may be retested if the Engineer determines that the Contractor's test results are in question. Ifresults are found to be inaccurate, the Contractor will be charged at a rate of $155034 per lane kID [5250 per lane mile] that is retested, with a minimum charge of 5500.00. If the results are found to be accurate, the :blepc:-i:n'ieD.t- Owner will be paying the Conrractor at a rate of 5 155.34 per lane kID [5250 per lane mile] that is retested, with a minimum charge of S500.00. C4 Profile Index The profilograph or IF shall be equipped with automatic data reduction capabilities for determining the profile index (PI) 'unless otherwise authorized by "the Engineer. The profilograph trace will be evaluated for the profile index (PI) and bumps in accordance with California Method 526 on file with the Depanment Bituminous Engineer. The original trace shall be prOvided to the Engineer A profile index shall be calculated for each segment. If an IF is used the corresponding International Roughness Index (IRl) for each segment shall be submitted to the B:i'2.l.;;::i;::J:':: Qff:.c: O\Y1ler. The index will be determined by summing the vertical deviations outside either a 5 mm [0.2 inch] blanking band or outside a zero blanking band depending on the number of lifts in the construction. The units of this index are mm per kID [inch per mile]. Wilen there is a segment of76.2 m [250 feet] or less in length, the profilograph or IF measurements for that segment shall be added to and included in the evaluation of the adjacent section to that segment. Bumps and dips equal to or exceeding 10.2 mm in a 7.62 m [0.4 inch in a 25 foot] span shall be identified separately. Wilen the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a ma'TIrnum of3 alternating trace deviations that relate to one bump or dip on the roadway), identit"'y and evaluate these occurrences as one event. Page 45 of 48 2360/2350 Combined Specification December 9,2003 C5 Surface Correction All areas represented by deviations of28 mm [1.1 inch] or more, as measured by the 7.62 m [25 foot] profilograph or IF, will be corrected by the Contractor. . Tile Conrractor may elect to correct pavement segments having no more than two events or two individual bumps or dips with a vertical deviation of 10.2 to 25 mm [0.4 to 1.0 inch] in a 7.62 m [25 foot] span. Correction of segIilents with more than two events or two individual bumps or dips, as defined above, will be allowed only when approved by the Engineer. Tile Contractor will be assessed a penalty for dips or bumps of 10.2 to 25 rom [0.4 to 1.0 inch] that are not corrected. Bumps and dips not corrected will also be included in the evaluation for the segment smoothness. Corrected dips or bumps will be considered satisfactory when the profiiogram shows the dips or bumps are less than 10.2 mm in a 7.62 m [0.4 inch in a 25 foot] span. Bump, dip, and smoothness correction work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through corrective areas. Corrective work shall be made by diamond grinding unless other methods are approved by the Engineer. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction, including the first and last 15 m [50 feet]. Bumps or dips in excess of 10.2 mm [0.4 inches] at transverse joints at areas of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notiJ."'Y the Engineer prior to commencement of the corrective action. If the surface is corrected by grinding, all ground areas shall be treated with an emulsified asphalt fog seal conforming to Mn!DOT 2355. If the surface is corrected by overlay, inlay orreplacement, the surface correction shall begin and end \-vith a transverse saw cut. If the smoothness evaluation indicates that corrective work is necessary for more than 50% of a segment, surface correction will be limited to mill and inlay (40 mm [11/2 inch] min). All corrective work shall be subject to the approval of the Engineer. After all required correction work is completed, a final profile index shall be determined. Corrective work and re-evaluation will be at the Contractor's expense. C6 Payment The cost of certified smoothness testing and associated traffic control will be incidental to the cost of the Wear Course Mixture. Tile Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the initial profile index. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6A, 5% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6B, or 5% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6C. The ma.Uillum allowable net incentive (total incentive minus disincentive) payment shall be calculated by multiplying the total tons paved by the IDL'<ture price by the appropriate incentive cap. Pay adjustments for incentives will only be based on the initial Profile Index before any corrective work has been performed. Pavement that contains corrective action for profile or bumps is not eligible for incentive pay. Tilese payments or assessments will be based on the following schedules. Tile Conrractor will not receive a net incentive payment for ride' if more than 25% of all density lots for the project fail to meet minimum density requirements. Page 46 of 48 2360/2350 Combined Specification December 9,2003 For each traffic lane, a penalty will be assessed for each bump or dip of 10.2 to 25 mID [0.4 to 1.0 inch] that is not corrected. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: $900 Table 2360.7-C6B: $675 Table 2360.7-C6C: $450 Bumps or dips resulting from a construction joint will be assessed a $900 penalty, regardless of the table used for evaluation of pavement smoothness. The Engineer may, at his discretion, assess a penalty in lieu of requiring the Contractor to ta.lce corrective action when the profile index for a segment indicates corrective action is necessary. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: Table 2360.7-C6B: Table 2360.7-C6C:. $560 per 0.1 kID [5900 per 0.1 mile] $420 per 0.1 kID [5675 per 0.1 mile] $280 per 0.1 kID [5450 per 0.1 mile] Table 2360.7-C6A * Initial ProfIle Index for 5mm fO.2 inchl blanking band mm per kID [Inches per mile] I Dollars per Segment I Dollars per Segment per 0.1 kIn segment fper 0.1 mile segment] (lYletric) fEnglish] 0- 13.4 [0.0 - 0.8] I 210 I [335] 13.5 -25.3 [0.9 - 1.6] I 145 I [225] 25.4 - 38.7 [1.7 - 2.4J I 80 I [115] 38.8 -78.9 [2.5 - 5.0] I 0 I [0] 79.0 - 92.3 [5.1 - 5.8] I (80) I [(115)] 92.4 - 105.7 [5.9 - 6.7] I (145) I [(225)] 105.8 - 118.3 [6.8 - 7.5] I (210) I [(335)] Over 118.3 [Over 7.5] I Corrective Action I Corrective Action I " Typically, 3-lift minimum construction mm per kID er 0.1 kID segment 0- 15.8 Table 2360.7-C6B '" Initial Profile Index for 5mm 0.2 inch blanking band [Inches per mile] I Dollars per Segment Dollars per Segment er 0.1 mile segment] (lYletric) [English [0.0 - 1.01 I 145 [225] 15.9-31.6 I [1.1 - 2.0] I 100 I [150] 31.7 - 47.3 I [2.1 - 3.0] I 55 , [75] 47.4 - 110.5 I [3.1 - 7:0] I 0 , [0] 11 0.6 - 12603 I [7.1 - 8.0] I (55) I [(75) ] I 126.4 - 142.0 I [8.1 - 9.0] I (100) I [(150) ] I 142.1 - 157.8 I [9.1-10.0] I (145) I [(225) ] I Over 157.8 I [Over 10.0] I Corrective Action I Corrective Action " Typically, 2-l1.4: construction Page 47 of 48 2360/2350 Combined Specification December 9, 2003 Table 2360.77C6C * Initial Profile Index for 5mm rO.2 lnch] blanking band rom per kID [Inches per mile] I Dollars per Segment I Dollars per Segment per 0.1 krn segment [per 0.1 mile segment] (lVletric) [English] 0-31.6 [0.0 - 2.0] I 95 I [150] 31.7-47.4 [2.1 - 3.0] I 65 I [100] 47.5 - 79.0 [3.1 - 5.0] I 35 I [50] I 79.1 -158.0 [5.1 - 10.0] I 0 I [OJ 158.1 - 189.6 [10.1 - 12.0] I (35) I [ (50) ] 189.7 - 221.') . [12.1 - 14.0] I (65) I [ (100) ] 221.3 - 252.8 [14.1-16.0] I (95) I [ (150)] Over (252.8) [Over 16.0] I Corrective Action I Corrective Action * Typically, single lift construction 2360.8 lYIETHOD OF MEASUREMENT A Asphalt Mixture Asphalt mL'<ture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt materials. B Blank C Asphalt Mixtures Measured by the Square Meter [Square Yard] per Specified (mm [inch]) and for Mixtures Measured by the [Square Yard inch] Asphalt mixture of each type and for each specific lift \vill be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness shall meet tolerances set forth in Sections 2360.7A. Page 48 of 48 SECTION 02740 PLANT MIXED ASPHALT PAVEMENT PART I-GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt-aggregate mixtures for weanng and non-weanng pavement courses. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. Attached version of Specification 2360 Plant Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory/Marshall Design) Specification) for 2004 Construction Season. 2. 2357 - Bituminous Tack Coat. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 1 - General Requirements. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.4F and MnDOT's most recent Materials Control Schedule. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-1 PLANT MIXED ASPHALT PAVEMENT 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. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 02280 - Adjust Miscellaneous Structures. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 - PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT Spec. 2360.1, except as modified in the typical section Detail Drawing and Bid Form. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in Wearing Course Pavements. 2. Waste Incinerator Ash (WIA) (2360.2A2j) will not be allowed in either Bituminous Wear or Non-Wear Course Pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 3151: a. Emulsified Asphalt, Cationic, CSS-l or CSS-2. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Conform to MnDOT Spec. 2360.3. F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4. 34-04-163 ~ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-2 PLANT MIXED ASPHALT PAVEMENT PART 3 -EXECUTION 3.01 GENERAL - Conform to MnDOT Section 2360.5 Construction Requirements, except as modified herein: A. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). B. The Proposed Sequence Shall Address The: Longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. C. Preparation of Bituminous Non Wear Course: 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjustment of structures as specified ill Section 02280 - Adjustment Miscellaneous Structures. D. Joints: 1. 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). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: 1. All street surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3. Wearing course shall not be placed when the air temperature, in the shade and away from artificial heat, is 500 F. or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 34-04-163 ild 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-3 PLANT MIXED ASPHALT PAVEMENT 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due lack of notification or sign age of the area being tack coated. C. Equipment: 1. Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Conform to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, 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. 3.05 PAVEMENTDENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.6B - 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. 34-04-163 @ 2004 Bonestroo, Rosene, AnderJik & Associates, mc. 02740-4 PLANT MIXED ASPHALT PAVEMENT 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Structure Adjustment - Conform to Section 02280 - Adjust Miscellaneous Structures for tolerances. 3.07 MEASUREMENT AND PAYMENT A. Method of measurement and payment shall conform to MnDOT Section 2360.8, except as modified herein. B. A Bid Item has been provided for Bituminous Material for Tack Coat: 1. Measured by volume in gallons at 600 F. 2. Payment for bituminous materials used for tack coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. 3. 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. 4. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with base course placement is considered incidental to the placement of the base course. C. Bid Items have been provided for different types of Bituminous Mixtures. 1. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT Combined 2360/2350 (GyratorylMarshall Design) Specification. 2. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. 3. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-5 PLANT MIXED ASPHALT PAVEMENT D. Preparation of Bituminous Base: Payment shall be considered incidental to the bituminous wear placement and shall include the following: 1. Final clean up of the bituminous base course with a power pickup broom. 2. Final adjustment of the structures to conform to Section 02280 - Adjust Miscellaneous Structures. E. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-6 PlAl"lT MIXED ASPHALT P A YEMENT SECTION 02750 RlGID PAVEMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Construction of and repairs to Portland cement concrete pavement. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02318 - Sub grade Preparation C.' Section 02720 - Aggregate Base Course. D. Section 02770 - Concrete Curb and Gutter 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2301 - Concrete Pavement. 2. 2561 - Structural Concrete. 3. 3126 - Fine Aggregate for Portland Cement Concrete. 4. 3137 - Coarse Aggregate for Portland Cement Concrete. 5. 3301 - Reinforcement Bars. 6. 3702 - Preformed Joint Fillers. 7. 3745 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit concrete mix designs at least 14 days prior to placement of concrete. B. Submit concrete test results. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02750-1 RlGID PAVEMENTS 1.05 QUALITY ASSURANCE A. Comply with MnDOT Spec 2401, except as modified in this Section. B. The Contractor shall hire an independent testing laboratory, approved by the Engineer, to perform the work listed below. All costs for testing shall be paid by the Contractor: 1. Test proposed aggregate. 2. Design Concrete mixes. C. During the course of construction, the Owner reserves the right to have the materials being placed tested. Testing will be performed by an independent testing laboratory and shall consist of the following. Costs for these tests at the Project Site will be paid for by the Owner: 1. Cast and test concrete cylinder for all concrete in accordance with ASTM C31 and C38. 2. Determine slump of concrete from each truck in accordance with ASTM C143. 3. Determine air content of concrete from each truck in accordance with ASTM C231. 1.06 SEQUENCING Ai'ID SCHEDULING A. Do not pour concrete walks, pavements, or curbs until aggregate base has been approved by the Engineer. P ART 2 - PRODUCTS 2.01 CONCRETE A. Concrete shall conform to MnDOT Spec. 2461, Mix No. 3A42 H.E. B. Concrete shall have a minimum 28 day compressive strength of 3900 psi. C. Concrete shall have entrained air content of 5 percent to 7 percent. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02750-2 RIGID PAVEMENTS 2.02 CONCRETE REINFORCEMENT A. Reinforcement bars, dowel bars, and welded wire fabric shall conform to MnDOT Spec. 3301- Reinforcement Bars, MnDOT Spec 3302 - Dowel Bars, and MnDOT Spec. 3303 - Steel Fabric respectively and the applicable provisions of MnDOT Spec 2472. 2.03 MISCELLANEOUS MATERIAL A. Membrane Curing Compound shall conform to MnDOT Spec. 3754 - Membrane Curing Compound. B. Expansion joint material shall conform to MnDOT Spec. 3702 - Preformed Joint Fillers. Expansion joint material shall be the full depth of the concrete slab. C. Formwork shall conform to MnDOT Spec. 2401 and MnDOT Spec. 2521. PART 3 -EXECUTION 3.01 INSTALLATION A. 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. B. Materials thicknesses shall be per the Drawings. C. Steel reinforcement shall be provided and placed as require by the Drawings and in conformance with the applicable provisions ofMnDOT Spec. 2472. D. Concrete pavements shall be given a medium broom, non-slip finish. Brooming shall be at a 90 degree angle to normal traffic flow direction. E. Retempering of the concrete, which has partially hardened, with or without additional materials or water is prohibited. 3.02 FORi\1WORK A. Formwork shall be designed and constructed in accordance with MnDOT Spec. 2401 and MnDOT Spec. 2521. 3.03 CONCRETE PRODUCTION A. Ready-mixed concrete shall be batched, mixed, and transported in accordance with MnDOT Spec. 2461. 34-04-163 <Q 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02750-3 RIGID PAVEMENTS 3.04 SUBGRADEPREPARATION A. Aggregate Base and Sub grade Preparation construction shall conform to Section 02720 - Aggregate Base Course, Section 02318 - Subgrade Preparation and MnDOT Spec. 2301.3B. 3.05 CONCRETE PLACEMENT A. Hennepin County, Concrete Repair Plate A - See Detail. B. Hennepin County, Concrete Repair Plate A-I: 1. Concrete base shall be placed a minimum of 8 inch thick, unless otherwise directed by the Engineer. 2. Concrete base shall be poured to the elevation of the existing concrete base. 3. Place No.8 reinforcement tie bars skewed 20 degrees from normal as per Plate A. Place with an approved non-shrink grout. 4. If transverse dowel bars are removed in contraction or expansion joints, the County will direct replacement. 5. Clean exposed face of concrete by air blasting. Apply bonding grout immediately prior to concrete placement. 3.06 JOINT CONSTRUCTION A. All construction joints must be replaced. B. Form or saw joints to a minimum of 3/4 in deep. Restore to the same configuration as inplace joints. C. Seal all joints with concrete joint sealer, MnDOT Spec. 3720, as directed by the Engineer. 3.07 CONCRETE CURING AND PROTECTION A. Conform to the Membrane Curing Method in accordance with MnDOT Spec. 2521.3C3 and 2521.3C3b except as modified herein: 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02750-4 RIGID PAVEMENTS 2. The membrane curing compound must contain a fugitive dye and 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 400 F. during placement or within the following 24 hours, shall conform to 252l.3C3a Blanket Curing Method, or method approved by the Engineer. 5. The freshly finished surface shall be protected. Surfaces pitted by rain will be considered unacceptable. 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. B. Concrete patch must be protected from traffic a minimum of 72 hours. 3.08 FIELD QUALITY CONTROL A. Shall conform to MnDOT Spec 2301.3P or as modified. 3.09 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Concrete Pavement Irregular Width 12 inch. Measurement shall be based upon units of square yards for the area of concrete pavement installed complete inplace. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for the work and costs of this Bid Item. Payment shall include preparation, placement, finishing, curing, protection, and all labor required to place the concrete. B. A Bid Item has been provided for Structural Concrete. Measurement shall be by the cubic yard. Payment shall include all concrete, dowels, reinforcement, and all other materials required. C. Separate Bid Items have been provided for Concrete Pavement using High Early strength concrete mix. Payment shall include all concrete, dowels and reinforcement, and all other materials required. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 <<:i 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02750-5 RlGID PAVEMENTS HENNEPiN COUNTY CONCRETE REPAIR PLATE eaA;! r LONGITUO IHAL JOINT . . CONCRETE PANEL NO TIe BARS ARE REQUUU::O IN PATCHES tl)(,' OR LESs O. e BARS OEFO~Mt:O 2' lONG PLACED 2..5' O~ C~Nl~ lNSiAt..b DOWEL Bi\RS AS CIREe1'~O faY THE COUNTY 5/6/SS SECTION 02766 PAVEMENT MARKINGS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnishing and applying pavement markings for control and guidance of traffic. 1.02 RELATED SECTIONS A. Section 02740 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. The Application Specification for Conventional Pavement Marking Materials, 3 Minute Dry Alkyd and High Solids Latex. 2. High Solids Water Based Traffic Paint. 3. Epoxy Resin Pavement Markings. 4. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 5. High Durability Preformed Pavement Markings. 6. Drop-On Glass Beads. 7. 3354 - Preformed Plastic Markings for Permanent Traffic Lane Delineation and Legends. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING A1'ID SCHEDULING A. As per MnDOT Specifications. 34-04-163 @ 2004 Bonestroo, Rosene, Ander1ik & Associates, Inc. 02766-1 P A VEMENI l'vlARKINGS PART 2 - PRODUCTS 2.01 MATERIALS A. Paint: 1. 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 #65 or #75. d. White Color - Flat white. e. Yellow Color - Color #33538 of Federal Standard 595. B. Glass Beads: 1. Conform to MnDOT Spec. for "Drop-On Glass Beads." 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 1500 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. 34-04-163 <ld 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02766-2 PAVEMENT MARKINGS 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 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. 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. c. Broken line intervals will not be marked. 34-04-163 ~ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02766-3 PAVEMENT MARKINGS 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. B. 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 500 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. 34-04-163 <!d 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02766-4 PAVEMENT MARKINGS 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 amollllt of material equal to fifteen (15) 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 srnface 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 500 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. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02766-5 PAVEMENT MARKINGS 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. 3.06 MEASUREMENT AND PAYMENT A. Lines: 1. Lines shall be measured by the lineal foot on the basis of length actually applied: a. Separate measurement made on the basis of color and nominal width. 2. The second application shall be measured the same as the first application; for example: 1,000 LF of application painted twice would be paid as 2,000 LF. B. Messages: 1. Messages shall be measured on the basis of each applied: a. Separate measurement will be made for each type of message. C. Bid Items for Pavement Markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the work, removal of temporary pavement markers, together with any other expenses incurred in completing the work that are not specifically included for payment under the Contract Bid Items. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 <9 2004 Bonestroo, Rosene, Ander1ik & Associates, Inc. 02766-6 PAVEMENT MARKINGS SECTION 02770 CONCRETE CURB AND GUTTER PART I-GENERAL 1.01 SECTION INCLUDES A. Construction of cast-in-place concrete curbs and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02740 - Plant Mixed Asphalt Pavement. C. Section 02750 - Rigid Pavements D. Section 02775 - Concrete Walks, Medians, and Driveways. 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," 2000 Edition (MnDOT Spec.): 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3754 - Curing Compound. 1.04 SUBMITTALS A. Submit one (1) - 7 day and two (2) - 28 day concrete cylinder test results for all concrete pours in any given day. B. Submit design mix for each concrete mix designation used. 34-04-163 ~ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB At'lD GUTTER 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. PART 2 -PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, Structural Concrete: 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete produced by using Type IA Air- Entraining Portland Cement. 2. Air-Entraining Admixtures: 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. c. Use a High Early strength concrete mix for all curb and gutter placed in the fall of 2004. This includes the curb and gutter along Winnetka Avenue south of Bass Lake Road. In 3 days, the concrete shall possess a minimum compressive strength of 3,500 pSI. 4. Mix Designation and Classification for Concrete Driveway: Mix No 3Y32A. 5. Pre-Formed Joint Filler: Conform to MnDOT Spec. 3702. 6. Curing Compound: Conform to MnDOT Spec. 3754: 34-04-163 ~ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-2 CONCRETE CURB AND GUTTER P ART 3 - EXECUTION 3.0 1 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Project 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. 1. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base extending 1 foot behind the back of curb conforming to Section 02720 - Aggregate Base and MnDOT Spec. 02211.3Cl (100 Percent Maximum Density). 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 34-04-163 <l:i 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-3 CONCRETE CURB AND GUTTER 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 2. Contraction joints, 10 foot intervals. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein: 1. Install two (2) #4 steel reinforcing rods in lower portion of the curb section, with a minimum of2 inches coverage on all sides: a. . Placement shall extend 10 feet on each side of a catch basin. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F, 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 2531.3G2 (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 contain a fugitive dye and 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 400 F. during placement or within the following 24 hours, shall conform to MnDOT Spec. 2531.3G 1 blanket curing method, or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-4 CONCRETE CURB AND GUTTER 6. Removal and replacement 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. 2531.3J, except as modified herein: 1. Initial Backfilling: a. Follow the 72 hour curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Curb damaged during backfilling is the responsibility of the Contractor to replace at no cost to the owner. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, 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. 3.10 MEASUREMENT AND PAYMENT A. Bid Items have been provided for B618 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. B. A separate Bid Item has been provided for concrete curb and gutter using High Early strength concrete mix. C. No separate measurement or payment for modifications at curb ramps or transition sections. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-5 CONCRETE CURB At'lD GUTTER SECTION 02775 CONCRETE WALKS, MEDIANS, AND DRNEW A YS PART I-GENERAL 1.01 SECTION INCLUDES A. Construction of cast-in-p1ace concrete walkways, medians, driveways, and valley gutters. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. D. Section 02740 - Plant Mixed Asphalt Pavement. E. Section 02750 - Rigid Pavements. 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," 2000 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. 34-04-163 i!d 2004 Bonestroo, Rosene, AnderIik & Associates, Inc. 02775-1 CONCRETE WALKS, MEDIANS, A1'1D DRNEW A YS 1.04 SUBMITTALS A. Submit one (1) - 7 day and two (2) - 28 day concrete test results for all concrete pours in any given day. B. Submit design mix for each concrete mix used. 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 IA air- -entraining 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. Manual Placement Mix No. 3Y32C. b. Slip Form Placement Mix No. 3Y22C. c. Exposed Aggregate Mix No. 3Y36C. d. Use a High Early strength concrete mix for all sidewalk placed in the fall of 2004. This includes the sidewalk along Winnetka Avenue south of Bass Lake Road. In 3 days, the concrete shall possess a minimum compressive strength of 3500 psi. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. c. Curing Compound: Conform to MnDOT Spec. 3754. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-2 CONCRETE WALKS, MEDIA1'lS, A1'lD DRlVEW A YS D. Sub-Grade Base Material: 1. Select Granular Material: Conform to Section 02315 - Excavation and Fill. 2. Aggregated Base: Conforming to Section 02720 - Aggregate Base Course. PART 3 - EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Project Site. B. Construct concrete walkway, median, driveways, and valley gutters at the locations, and elevations indicated on the Drawings. C. Construct walkways and medians to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete valley gutters to conform to the Drawings. F. Construct concrete curb ramp to conform to the Drawings. G. Verify locations with Engineer in the field prior to 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. 1. Retempering of concrete, which has partially hardened, with or without additional materials or water, is prohibited. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 02720 - Aggregate Base Course or Section 02318 - Subgrade Preparation. Compaction of sub grade base shall conform to MnDOT Spec. 2211.3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-3 CONCRETE WALKS, MEDIANS, AND DRNEW A YS 3.03 FORMS A. Conform to MnDOT Spec. 2521.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein: 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Matchjoints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein: 1. Install three (3) #4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 inch coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3Cl and 2531.3.F for slip form, or 2531.3.K 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 unacceptab Ie. 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. B. 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 4 inches concrete, and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 inch radius edging tool. 34-04-163 <<d 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-4 CONCRETE WALKS, MEDIANS, AND DRNEW A YS 3. Conform to MnDOT Standard Detail Plate No. 7036F 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. J oint space between Truncated Dome panels shall be a minimum of 1/8 of an inch and maximum of 3/8 of an inch in width. 6. All joints shall be cleaned and cleared of all debris prior to sealing. The concrete adjacent to the Truncated Dome panel shall be cured for a minimum of7 days prior to joint sealing. Follow all other manufacturer's recommendations prior to sealing. Use only the product joint sealant specified. The joint sealant shall be applied to all joints between and around the perimeter of the Truncated Dome panels. The sealant shall be applied so that the depth is not less then 1/4 inch and not greater then 1/2 inch. The joint shall be tooled so that the finished sealant is 1/4 inch below the finished surface. 3.07 CONCRETE CURING A.ND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (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 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 400 F. during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3C3a blanket curing method, or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 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. 34-04-163 @ 2004 Bonestroo, Rosene, Ander1ik & Associates, Inc. 02775-5 CONCRETE WALKS, MEDIANS, Ai'iD DRlVEW A YS 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.09 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for 4 Inch Concrete Sidewalk. Measurement shall be by the square foot top surface area. This Bid Item shall include: 1. Concrete materials. 2. Select granular sub grade base material, 4 inches thick. Additional base material will be paid as select granular borrow if required. 3. Preparation. 4. Placement of materials. 5. Finishing. 6. Curing and protection. 7. Backfilling. 8. Reinforcement. B. A separate Bid Item has been provided for concrete sidewalk using High Early strength concrete mix. C. A Bid Item has been provided for Pedestrian Curb Ramp. Measurement and payment will be per each pedestrian ramp constructed in accordance with the Drawings. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-6 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS SECTION 02830 SEGMENTAL RETAINING WALL SYSTEM PART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnish and install modular masonry retaining wall. 1.02 RELATED SECTIONS A. Special Provisions. B. Section 02225 - Removals. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 3149 - Granular Material. B. American Society of Testing and Materials (ASTM). 1. D4595. 1.04 SUBMITTALS A. Submit samples of available color units for selection by Owner. B. Submit manufacturer's data for masonry units. C. Submit aggregate test reports for granular materials. 1.05 PRODUCT HANDLING A. Store masonry units and accessories off ground to prevent contamination by mud, dust, or other materials likely to cause staining or other defects. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02830-1 SEGMENTAL RETAINING WALL SYSTEM PART 2 - PRODUCTS 2.01 MASONRY MATERIALS A. Masonry units shall be Anchor Wall Diamond Pro Units. Color to match retaining wall blocks in the Winnetka Green Development. B. Masonry wall units shall meet the requirements ofMnDOT Technical Memorandum No.03-07-MRR-03. C. Standard wall units and cap units shall be rock faced. 2.02 ADHESIVE A. Adhesive for anchoring cap block units to the course below shall be Sta-Stuck SS400 construction adhesive, or approved equal. 2.03 BACKFILL A. Material for compacted base shall conform to MnDOT Spec. 3149.2G, Aggregate Bedding. C. Drainage aggregate material immediately behind retaining wall shall conform to MnDOT Spec. 3149.2H, Coarse Filter Aggregate. 2.04 DRAIN PIPE A. Drain pipe shall be 4 inch diameter perforated PVC pipe, Schedule SDR-26. PART 3 - EXECUTION 3.01 PREPARATION A. Excavate to the lines and grade as staked by the Engineer. B. Compact surface of existing soil prior to placing minimum 6 inch thick aggregate base material. C. Place base material and compact to minimum 100 percent Standard Proctor density. 3.02 UNIT INSTALLATION A. Place masonry units using uniform pre-designed set back per course for the units selected. B. Place fIrst course in full contact with base material. Check for level and alignment. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02830-2 SEGMENTAL RETAINING WALL SYSTEM C. Fill and tamp all voids in units with drainage material. D. Sweep all excess material from top of units and install next course. E. Lay Up Each Course: 1. Slot Type: a. Side slots the unit shall be in contact with the locator ofthe previous course. F. Adhere the top cap block to the course below with construction adhesive. 3.03 DRAIN PIPE INSTALLATION A. Set drain pipe with a minimum of 6 inches of Coarse Filter Aggregate on all sides. B. Place drain pipe along entire length of wall: 1. Perforations shall be located on bottom of pipe. 2. Provide glued-on cap at upstream end of pipe. 3. Daylight downstream end of pipe at end of wall: a. Furnish and install PVC bend if necessary. C. Wrap drain pipe in filter fabric: 1. Overlap fabric a minimum of 3 inches. 2. Overlap to be located on top of pipe. 3. Secure filter fabric in place with material. 3.04 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. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02830-3 SEGMENTAL RETAINING WALL SYSTEM 3.05 MEASUREMENT AND PAYMENT A. A Bid Item for Modular Block Retaining Wall is included in the Bid Form. Measurement of the wall shall be on the basis of square feet of surface area actually constructed: 1. Buried courses shall be included in area measurement. 2. Payment ofthe Bid Unit shall include: a. Masonry units. b. Aggregate base and backfill materials. c. PVC drain pipe. d. Filter fabric. e. All else 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. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02830-4 SEGMENTAL RETAINING WALL SYSTEM SECTION 02920 LAWNS AND GRASSES PART 1- GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Erosion and Sediment Control. B. Section 02230 - Site Clearing. C. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2575 - Turf Establishment. 2. 3877 - Topsoil Borrow. 3. 3878 - Sod. 4. 3881 - Commercial Fertilizer. B. "Minnesota Department of Transportation Seeding Manual 2000" (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-1 LA WNS AND GRASSES 1.05 QUALITY ASSURANCE A. 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. 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, MnDOT Seeding Manual 2000, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with bags and tags of seed used for identification purposes. PART 2 - PRODUCTS 2.01 MATERIALS A. Topsoil: Topsoil Borrow conforming to MnDOT Spec. 3877.2.A. B. Soil Amendments: Conform to MnDOT Spec. 3881 and 3879. Fertilizer shall be complete fertilizer containing 8 percent nitrogen, 16 percent phosphoric acid, and 8 percent potash. C. Sod: Conform to MnDOT Spec. 3878. 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 Project 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. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3.A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3.B. 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, mc. 02920-2 LAWNS AND GRASSES C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3.C: 1. Apply fertilizer at a rate of 450 lbs. per acre (10 Ibs./1000 sq. ft.). 2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre (140 Ibs./1000 sq. ft.). 3.03 PLACING SOD A. Conform to MnDOT Spec. 2575.3.J. 3.04 FIELD QUALITY CONTROL A. Maintain restored areas in accordance with MnDOT Spec. 2575.3L. 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 sod that does not show definite growth and establishment 30 days after laying shall be replaced and established, at the proper season by the Contractor at his expense. D. Watering of seeded and sodded areas shall be done for a period of 30 days from installation sufficient, to ensure establishment of permanent vegetation. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Sodding, Lawn Type. Measurement will be based upon units of square' yards of sod installed complete in place as specified, including installing topsoil; soil amendments; furnishing and installing sod; preparation of surface maintenance; and all incidental items associated with the work. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. B. A Bid Item has been provided for Topsoil Borrow (LV) on the Bid Form. Measurement will be based upon units of cubic yards of material placed (loose volume) hauled to and installed complete in place as specified. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04-163 @ 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-3 LAWNS AND GRASSES 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 Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUl\tIENTS COMMITTEE and Issued and Published Jointly By ------. ACEC National Society of Professional Engineers'" ---,,,,~'-'----_.~._-----'--"--'- Prof8s$iUi1al fngifll!6J'$ in Private Practice .-\~U:.1Ul'::'.\.'" C(.lL'~c.:Jl.. Uf E.....Gl:-<l;f.RINC CUMI',,-!,>!::.) PROFESSIONAL ENGINEERS IN PRlV ATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAJ.'{ COUNCIL OF ENGINEERING COMPANIES ~, AMERICA1'T SOCIETY OF CIVIL ENGL."\fEERS This document has been approved and endorsed by The Associated General Contractors of America ~ Knowledge for Creating ~ and Sustaining the 8uilt Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 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 EJCDC Construction Documents, General and Instructions (No. C-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms.............................................................................. ........................................... .................................6 1.02 Terminology.................. .......................................................................................................... ............ .....................8 ARTICLE 2 - PRELIMINARY MATTERS...................... ................................................... .......................................................9 2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Documents............................................................................. ........................................ ............... ...........9 2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9 2.04 Starting the Work.................... ................................................................................................................. .......... ......9 2.05 Before Starting Construction................................................................................................... ................. ...............9 2.06 Preconstruction Conference............... ...................................................................................................... ................ 9 2.07 Initial Acceptance of Schedules ...............................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: li"l'TENT, AMENDING, REUSE.......................................................................10 3.01 Intent.......................................................................................................................................... ............................10 3.02 Reference Standards.................................................. ............................................................ ....................... .........10 3.03 Reporting and Resolving Discrepancies ................................................................................................................10 3.04 Amending and Supplementing Contract Documents..............................................................................................11 3.05 Reuse of Documents .. ............................................................................. ........... .....................................................11 3.06 Electronic Data................ ........................................................................................................................ ............. .11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POli"l'TS ............................................................................................... .11 4.01 A vailability of Lands ............................................................................................................. .................................11 4.02 Subsurface and Physical Conditions ......................................... .............................................................................12 4.03 Differing Subsurface or Physical Conditions.........................................................................................................12 4.04 Underg round Facilities................................................................................................................................. ........ .13 4.05 Reference Points .................................................................................................................................. ................. .13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS A1"l'D INSURA1"l'CE .............................................................................................................................14 5.01 Performance, Payment, and Other Bonds ..................................................... .................................... .................... .14 5.02 Licensed Sureties and Insurers ..............................................................................................................................15 5.03 Certificates of Insurance ............ ............... ..... ........ ... ....... ............................................... ...... .................................15 5.04 Contractor's Liability Insurance.............................................................................................................. ............. .15 5.05 Owner's Liability Insurance......................................................................................................................... ........ .16 5.06 Property Insurance............................................................................................................................................ ... .16 5.07 yVaiver of Rights ............ ...................... .............................................................. ............... ..................................... .17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................18 6.01 Supervision and Superintendence ............. ..... ............................................... ....... ....... ....... ..... .......... .....................18 6.02 Labor; Working Hours .............................. ............... .... .................................. ....... .......... ... ..... ........... ............. .......18 6.03 Services, Materials, and Equipment.......... ........ ..................................... ..... .......... .............. ............ .......................18 6.04 Progress Schedule ..... .......................... ....... ....... ..................................... ............................. ... ......... .................... ...18 6.05 Substitutes and" Or-Equals" ................. ..... ...... ......... ...................... ..................... ............... ............. .....................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties ...........:.................. ......................................... ...... .... ............... .... ....... ... ... .....................21 6.08 Permits................................ .................................................................................................................................. .21 6.09 Laws and Regulations ............................... ..... ..... ............. ............. .... ......... .... ... ....... ... ....... ......... ...... .................... .21 6.10 T (Lees.. . .................................... ................ ................. ..................... .................. .. .......... ...... ............. ........................22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents.................................................................... ............................................................................ .22 6.13 Safety and Protection .................. ....... ............ ................................ .......................... ......................... ................. ....22 6.14 Safety Representative................................................................................................................................ .............23 6.15 Hazard Communication Programs............................................................................................................... ........ .23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.16 Em erg encies .................................................................. ................................................................... ............. ...... ...23 6.17 Shop Drawings and Samples ...................... ............ ................................................. ...............................................23 6.18 Continuing the Work .................................... .................................................. ............... .........................................24 6.19 Contractor's General Warranty and Guarantee....................................................................................................24 6.20 Indemnification..................................................................................................................................... ......... ...... ..24 6.21 Delegation of Professional Design Services ..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related VV ork at Site........ .................................................................................................................... ......... .......... 25 7.02 Coordination ......................................................................................................................................................... .26 7.03 Legal Relationships...................... .................... ... ................................................................................... ................ .26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26 8.01 Communications to Contractor............................................................................................................................. .26 8.02 Replacement of Engineer.................................... _.................................. ................................................................26 8.03 Furnish Data ................................ ............... -................. .... ............................................................ ................ ....... ..26 8.04 Pay When Due....................................................................................................................................................... .26 8.05 Lands and Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance............................. ... ............................................................................................................................... .26 8.07 Change Orders....................................................................................... ............................................................... .26 8.08 Inspections, Tests, and Approvals..............._.................. ................................................................... .................... .26 8.09 Limitations on Owner's Responsibilities....................... ........................................................................................ .27 8.10 Undisclosed Hazardous Environmental Condition .... .................................... ........................................................27 8.11 Evidence of Financial Arrangements ......... ......................................... ........................................................,..........27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative .............. ................................................................................................................. ......... .27 9.02 Visits to Site.................. ......................................................................................................................................... .27 9.03 Project Representative............................................................................. ............................................................. .27 9.04 Authorized Variations in Work....................................................................................................................... ........27 9.05 Rejecting Defective Work.. ........................................................ ............................................................................ .27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Determinations for Unit Price Work .......... ............................................................... .............................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities .....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the Work....................................................:.................................................. ....... .......... .... 28 10.02 Unauthorized Changes in the Work .......................................................................................................................29 10.03 Execution of Change Orders................................................................................................................................. .29 10.04 Notification to Surety............................................................................................................................................ .29 10.05 Claims............. ........................................................................................................................... ........................... .29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work............................................ ...... ............................................. ..... .................. ...............................30 11.02 Allowances..... ................................................................................................................................................... .....31 11.03 Unit Price Work ..... ................................ .............................................. ............ ........ ................... .......................... .31 ARTICLE 12 - CHAL'TGE OF CONTRACT PRICE; CHANGE OF CONTRACT TllvIES .....................................................32 12.01 Change of Contract Price ...................................................................................................................................... 32 12.02 Change of Contract Times .... ...... ........ ...... ...... ................................................................... ........ ............................33 12.03 Delays........................................................................................................................................... .........................33 ARTICLE 13 - TESTS Ai'lD INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects............................................................................................................................... .....................33 13.02 Access to Work.............._.. ...................................................................................................................................... 3 3 13 .03 Tests and Inspections......................................................................................................................................... ....33 13.04 Uncovering Work.......................................................................................................................................... .........34 13.05 Owner lvlay Stop the Work .....................................................................................................................................34 13.06 Correction or Removal of Defective Work .............................................................................................................34 13.07 Correction Period........... ........................................... _........................................................................................... 34 13.08 Acceptance of Defective Work .... ...... .......... ...... ....... ...................... .......... .................. ................. ................. ..........35 13.09 Owner May Correct Defective Work... ....... .............. ...... ................ ....................... .......................... ......... .... ..........35 ARTICLE 14 - PAY1v1ENTS TO CONTRACTOR AL"ID COMPLETION...............................................................................36 14.01 Schedule of Values......................... ................ ........................................................................................................ 36 14.02 Progress Payments....... -.. ....................................................................................................................................... 36 14.03 Contractor' s Warranty of Title..............................._.............................................................................................. 37 14.04 Substantial Completion .......................................................................................................................................... 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization................................................................................................................................. .................38 14.06 Final Inspection......................... ............................................................................................................................ 3 8 14.07 Final Payment..................................................................................................................................................... ...38 14.08 Final Completion Delayed. ................................................................................................................................... .39 14.09 Waiver of Claims................................................................................................... ...............................:.................39 ARTICLE 15 - SUSPENSION OF WORK AND TER1vI.I.t"TATION.........................................................................................39 15.01 Owner May Suspend vVork.................................................................................................................................... .39 15.02 Owner lYlay Terminate for Cause... ................................................... .................................................................... .39 15.03 Owner May Terminate For Convenience .......................................... .....................................................................40 15.04 Contractor May Stop Work or Terminate ............;.................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION ......... .................................................. ........................................................ .............41 16.0 1 Methods and Procedures........ ................... ............................. .............................................................................. ..41 ARTICLE 17 - MISCELLANEOUS ................. ........................... ............................................ ...... ...........................................41 17.01 Giving Notice.............................................................. .......................................................................................... .41 17.02 Computation of Times................................................................. ....................................... .................................... .41 17.03 Cumulative Remedies......................................................................................... ................................................... .41 17.04 Survival of Obligations ............................................. ........... ....................................... ........ ...................................41 17.05 Controlling Law..................................................................................... ;.................. ........................... ................. .41 17 .06 Headings.. ................. ............................................................... ............................. ................................................ .41 EJCnC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCnC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERlvIINOLOGY 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 docu.ments 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. BiduThe 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 Requirements and the (including all Addenda). DocumentsuThe Bidding proposed Contract Documents 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 OrderuA 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. ClaimuA 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. 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's 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) com- plete 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-oSee Paragraph 11.01.A 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20. Field OrderuA 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. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quaf!tities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 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, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 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 comple- tion 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 ProceeduA written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. OwneruThe 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 nucle- ar, 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. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. 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. 39. 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. 40. 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. 41. Shop DrawingsuAlI 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. 42. 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. 43. SpecificationsuThat part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. administrative requirements and procedural matters applicable thereto. 44. 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. 45. Substantial CompletionuThe 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. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. SupplieruA manufacturer, fabricator, suppli- er, 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 any Subcontractor. 49. 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. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Worku The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 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 Tenninology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Tenns 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 word "Work," refers to Work that is faulty, or deficient in that it: modifying the unsatisfactory, 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 52. 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 EJenC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society o,f Professional Engineers for EJCnC. All rights reserved. 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, Perfonn, 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 "pro_ vide" 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 Docu- ments, words or phrases which 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 - PRELIi'vlli'\l'ARY 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 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 Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effo:ctive 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 subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 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. 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 complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCnC C-700 Standard General Conditions of the Construction Contract. Copyright@2002 National Society of Professional Engineers for EJCnC. All rights reserved. . 00700 - . 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 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 DOCUNIENTS: Alv1ENDING, REUSE INTENT , 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended 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 Regula- tions 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. 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, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake nispon- sibility 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 may discover 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known 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, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provIsion of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending Documents and Supplementing Contract 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. 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 clarification. written interpretation 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 thereat) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of 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 adaption by Engineer. B. The prohibition 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. Copies of data furnished by Owner or Engineer to Contractor or 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 or 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 tyrm 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. ARTICLE 4 A V AILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONNIENT AL REFERENCE POINTS OF LAt'IDS; CONDITIONS; CONDITIONS; 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site 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 connec- tion 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 anyone 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, explo- ration, test, or study of the Site and 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 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, Owner and Engineer, and any of their Related Entities 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. 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 Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; 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 Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 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 consequences of the existence or location of the Under- ground 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: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities with respect to: 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed 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. 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 to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page 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. 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, 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 responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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, 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. 1. 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 - BOI\TDS AI'lD INSURA1~CE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 14 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 current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" 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 must be accompanied by a certified copy of the agent's authority to act. 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 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 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 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. 5.04 Contractor's Liability Insurance 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 sus- tained: 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, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. include completed operations insurance; 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. 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); 6. 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 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary 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. 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 Supple- mentary 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, 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 an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, 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 caused by flood) and such other perils or causes of loss as may be specifi- cally 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 additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery 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, 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 an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with 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 additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - deductible amounts that are identified in the Supple- mentary 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 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 Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 to be listed as insured or additional insured (and the officers, directors, 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. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during. partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, 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 insureds, 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 shail 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.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 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 ,ll the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who ~all not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline 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. 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 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 adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items 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. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05 .A.1, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that 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. 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. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 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 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if: 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 substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, a. in the exercise of reasonable judgment Engineer determines that: b) be similar m substance to that specified, and 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; c) be suited to the same use as that specified; 2) will state: 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, a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; 3) it has a proven record of performance and availability of responsive service; and b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002NationalSociety of Professional Engineers for EJCDC. All rights reserved. c) whether or not incorporation or use of the proposed substitute item in con- nection 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; 4) and shall contain an itemized esti- mate 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 Proce- dures: 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 either a Change Order for a substitute or 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. 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 Subcon- tractor, 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 reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute 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 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 item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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 an additional insured 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, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary 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 applica- ble 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 primary 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. EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 equip- ment, 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 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, 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 com- pletion 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take aU 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. All damage, injury, or loss to any property referred to in Paragraph 6.l3.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 Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - ings or Specifications or to the acts or orrusslOns of Owner or Engineer or , 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). D. 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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 protec- tion 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 accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings 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: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. 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. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - a. Submit number of copies specified m the General Requirements. A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects, Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 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 Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted 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 Docu- ments. 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 con- struction 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 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 cor- rected 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 to the 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 Related Entities 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, Sub- contractors, 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 acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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, 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. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract 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 B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be 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 Condi- tions: 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 responsibili- ties 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 7.0 l.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 actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's 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. 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 l4.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance 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 in respect to certain inspections, tests, and approvals is set forth in Raragraph 13.03.B. ... EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 2002 National Society of Professional Enginee~s for EJCDC. All rights reserved. 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. 8.10 Undisclosed Condition Hazardous Environmental A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGIi'ffiER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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. 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 Docu- ments. 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 functi'oning 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 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 believe 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 1O.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. 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 respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph l4.07.A will only be to determine generally that their content complies with the require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHAl'\TGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall Elcnc C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for ElCnC. All rights reserved. 00700 - 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.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 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 carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice 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) is required by the provisions of any bond to be given to a surety, 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 Time 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). 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.C or denial pursuant to Paragraphs 1O.05.C.3 or 1O.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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 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 include only the following items, and shall not include any of the costs itemized in Paragraph 11.0 1.B. 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 at the Site. 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. 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 pay- ments, 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. 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 mainte- nance, 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 perfor- mance 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 equip- ment, 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, 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 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 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, expresses, 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, attor- neys, 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 l1.01.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. 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 12.0l.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 1.B, 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 C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 1.A and 11.0 1.B. 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. 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 signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect 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 PRlCE; 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 applica- tion of such unit prices to the quantities of the items involved (subject to the pr0visions 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.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 11.01.A1 and 11.01.A2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a 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.Al 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 11.01.A.4, 11.0 1.A5, and 11.01.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 anyone 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 l2.01.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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 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 contemplat- ed 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. 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 the Related Entities of each of them 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. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPT AL'ICE 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. All 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, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site 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.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed tQ be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to . EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. 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 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner lvlay 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 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 @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 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 re- moved 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 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 jV1ay 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. 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 posses- sion 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 CO.NIPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. payments and will be incorporated into a form of Applica- tion 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 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 on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole- or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. the Work has progressed to the point indicat- ed; 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 replace- ment; 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 l4.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; 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 l4.02.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 corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph l4.02.C.1. 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 certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) 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 recommen- dation 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 condi- tions. 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 will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion 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 substan- tially 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. 14.06 Final Inspection 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 Applicatio'1 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.B.7; 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 l4.07.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 or Owner's property might in any way be responsible 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 A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for 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, indicat- ing 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 docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERivIINATION 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 adjust- ment 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 anyone 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 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 l5.02.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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15 .02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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 remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under. the provisions of Paragraph 5.0 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs l5.02.B, and l5.02.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, 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 40 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 1O.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 1O.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 wntmg 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 their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLAl"l'EODS 17.01 Giving Notice A. Whenever any provlSlon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 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 Regula- tions, 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, 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 @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -