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IP #791COUNCIL Originating Department I Approved for Agenda I Agenda Section Public Works I August 10, 2009 Consent Item No. By: Guy Johnson Kirk McDonald, City Manager 1 6.5 Resolution to accept the Wincrest regional pond project and approve the final payment request (improvement project 791) Requested Action Staff recommends that Council approve a resolution to accept the Wincrest regional pond project and authorize final payment to Landwehr Inc., in the amount of $17,583.92. Policy /Past Practice Improvements to the existing Wincrest regional pond, located at the 5700 block of Wirmetka Avenue North, was part of the city's 1996 surface water management plan. Background The project included improvements to an existing water quality pond located at the 5700 block of Winnetka Avenue North. The project improved and expanded the storage capacity of an existing pond. The new pond was approved to be included in the Shingle Creek Watershed Management Commission's ( SCWMC) CIP at the Commission's August 9, 2007, meeting. On September 10, 2007, Council passed a resolution approving a cooperative agreement for Wincrest pond improvements between the SCWMC and the city of New Hope. The agreement was for construction and partial funding of improvements to the pond located on the 5700 block of Winnetka Avenue North. At the Council's July 28, 2008, meeting, the Council authorized the preparation of plans and specifications for the improvements. Council's direction was to proceed with the plans and specifications for the improvements to the existing pond and coordinate the storm water improvements along Winnetka Avenue with a future improvement project to the Winnetka Avenue infrastructure. The city engineer prepared plans and specifications and the Council approved the plans and authorized staff to advertise for bids on September 22, 2008. The Council awarded a contract to Landwehr Inc., on November 10, 2008. Motion by Second by I: \RFA \PUBWORKS \2009 \791 Wincest Pond Final.doc Request for Action August 10, 2009 Page 2 Funding The original estimated total project cost for construction improvements to the sediment pond was $200,000 to $260,000, depending on the possible impact of contaminated soils at the location. Other than monitoring and some soil testing costs during the construction process, there was no removal of contaminated soil and therefore, no additional costs were incurred. Landwehr's original bid for the project was $129,832. The actual cost for the improvements to the pond, excluding restoration costs, was $99,857.25. The city awarded a separate contract to Applied Ecological Services in the amount of $47,471.88 for restoration and planting of the Wincrest regional pond and the Northwood east sediment pond with a three - year site maintenance agreement for both sites. The Wincrest site's portion of the contract with Applied Ecological Services was $30,929. Funding is through the Shingle Creek Watershed Management Commission's CIP, the storm water pond fee from the Winnetka Townhome housing redevelopment, and the TIF district or the city's storm water fund. Shingle Creek Watershed Management Commission's portion would be 25% of the project costs, up to a maximum of $90,625. The Winnetka Townhome storm water pond fee was $56,000. The city also received a $55,155 Clean Water Legacy grant. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. L \RFA \PUBWORKS \2009 \791 Wincest Pond Final.doc City of New Hope Resolution No. 09- 110 Resolution to accept the Wincrest regional pond project and approve the final payment request (improvement project 791) WHEREAS, the city has entered into a contract with Landwehr Inc., for improvements to the existing Wincrest regional pond, located at the 5700 block of Winnetka Avenue North; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 791 and approve final payment to Landwehr Inc., in the amount of $17,583.92; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Landwehr 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 Wincrest regional pond project from Landwehr Inc. 2. That the city manager is hereby directed to authorize the final payment of $17,583.92 to Landwehr Inc., subject to submittal of the required IC -134 forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of August, 2009. 4 — Mayor Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 www.bonestroo.com July 14, 2009 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 5700 Winnetka Avenue Pond Improvements — Final Payment Client Project No.: 791 Bonestroo File No.: 000034- 04161 -0 Dear Guy: i1i ' 1l All work on the abovementioned project has been completed. The contractor, Landwehr Inc, has requested final payment in the amount of $17,583.92 for the contract. The final, signed pay request is enclosed. The contract amount was for $129,832.00. The final value of the work completed on the project was $99,857.25, or $29,974.75 (23 %) less than the contract. The savings realized was due to a number of factors. These factors include a less than anticipated excavation volume required, minimized disturbance of surface features during storm sewer installation, and more topsoil able to be salvaged on site limiting the additional topsoil to be hauled in from off site. We recommend approval of final payment in the amount of $17,583.92. Feel free to contact me at 651.604.4938 with any questions. Sincerely, BONESTROO Jason Quisberg, P.E. Attachments: Final Pay Request Dwner: City of New Hope 4401 Xylon Ave. N. New Hope MN 55428 Date: July 1, 2009 - or Period: 3/7/2009 to 7/1/2009 Request No: 2 AND FINAL :ontractor: Landwehr Construction Inc., 846 S. 33rd St., P. 0. Box 1086, St. Cloud, MN 56301 CONTRACTOR'S REQUEST FOR PAYMENT 5700 WINNETKA POND IMPROVEMENTS (WINCREST POND) BONESTR00 FILE NO. 000034 - 04161 -0 CITY PROJECT NO. 791, S.A.P. 182- 109 -04 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO Approved by Contractor: LAND HR CON UCTION NC. Specified Contract Completion Date: $ 129,832.00 $ 0.00 $ 0.00 $ 129,832.00 $ 99,857.25 $ 0.00 $ 99,857.25 $ 0.00 $ 99,857.25 $ 82,273.33 $ 0.00 2 AND FINAL $ 17,583.92 3404161 REQ2FINALAS TOTAL BASE BID: $99,857.25 TOTAL WORK COMPLETED TO DATE $99,857.25 3404161 REQ2FINALAs Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 5000.00 0.1 1 $5,000.00 2 CLEAR AND GRUB LS 1 4800.00 1 $4,800.00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 5.00 $0.00 4 REMOVE SEWER PIPE (STORM) LF 117 1.00 20 $20.00 5 REMOVE CONCRETE SIDEWALK SF 400 1.00 125 125 $125.00 6 REMOVE BITUMINOUS PAVEMENT SY 60 7.50 $0.00 7 REMOVE 36" CONCRETE APRON EA 1 75.00 1 $75.00 8 SAWING BITUMINOUS PAVEMENT LF 55 4.00 $0.00 9 COMMON EXCAVATION CY 5400 12.25 255 4761 $58,322.25 10 AGGREGATE BASE, CLASS 5 TN 25 30.00 6 6 $180.00 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6 175.00 $0.00 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 175.00 $0.00 13 24" RC PIPE APRON EA 1 900.00 1 $900.00 14 36" RC PIPE APRON EA 1 1450.00 1 $1,450.00 15 24" RC PIPE SEWER, CLASS III LF S5 60.00 23 55 $3,300.00 16 36" RC PIPE SEWER, CLASS III LF 62 90.00 48 $4,320.00 17 CONST. DRAINAGE STR., 4' DIAMETER MANHOLE EA 1 2700.00 1 1 $2,700.00 18 CONST. DRAINAGE STIR., 5' DIAMETER MANHOLE EA 1 3300.00 1 $3,300.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 300.00 1 $300.00 20 RANDOM RIPRAP CLASS III CY 61 65.00 63 $4,095.00 21 ' 4" CONCRETE SIDEWALK SF 400 5.00 125 125 $625.00 22 8618 CONCRETE CURB AND GUTTER LF 80 30.00 $0.00 23 TRAFFIC CONTROL LS 1 2000,00 0.1 1 $2,000.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 1.70 350 600 $1,020.00 25 INLET PROTECTION EA 2 75.00 $0.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 1000.00 1 $1,000.00 27 BONDED FIBER MATRIX SY 5800 1.00 2500 $2,500.00 28 SEED MIXTURE 100 AC 1.2 700.00 $0.00 29 SELECT TOP SOIL BORROW (LV) CY 600 15.00 255 255 $3,825.00 TOTAL BASE BID: $99,857.25 TOTAL BASE BID: $99,857.25 TOTAL WORK COMPLETED TO DATE $99,857.25 3404161 REQ2FINALAs PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 791, S.A.P. 182 - 109 -04 BONESTR00 FILE NO. 000034 - 04161 -0 CONTRACTOR LANDWEHR CONSTRUCTION INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY Kin Frnm Tn PavmPnt Retainaae Completed 1 12/01/2008 03/06/09 82,273.33 4,330.18 86,603.51 2 AND FINAL 03/07/2009 07/01/09 17,583.92 1 99,857.25 Material on Hand Total Payment to Date $99,857.25 Original Contract $129,832.00 Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $99,857.25 Revised Contract $129,832.00 3404161 REQ2FINAL.xis D2 N N W U C3 -j Ll �D 200 2400 5 ot PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 5700 WINNETKA AVENUE POND IMPROVEMENTS 34041 FLOC. DWG DATE: MAY 2007 COMM: 34-04-161 — � I I STORM SEWER FRO GOLF LOURS 11, c HI ) z :D Ij � u 11 I.�I Ln ru ru 10 0 so 100 u Scale In feet 58th AVENUE N 77) 0 mi W :D z uJ PROPOSED IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 2 Bon e 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161 F01.DWG DATE: MAY 2007 COMM: 34-04-161 MINNESOTA- REVENUE Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. . U w a) sx ". :M o: tC - c� . IC134 Please type or print clearly. This will be your mailing label for returning the completed form -- — — — — — _. — — — — ..._....._.._....._._.._ — Company name Daytime phone Minnesota tax 10 number `:6 Lr,41' Address t � Total contract amount Month /year work began { city State Zip Code ( Amount still due Mo th /year work ended Project number Project location W1V4- tr.C4 j Prr owner rr 1 �t `� Address � �- City ` M l / State �/Zip code \„:ltl� C) Zl\N �'roj?G r 4� 40 � [1 Aje- 06 0�1v t`0 PC N 9,5 L-t'ZO — q-%C)% Did you have employees work on this project? © Yes No if no. who did the work? Check the box that describes your involvement in the project and fall In all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Prime contractor—if you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit, For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. if you need more space, attach a separate sheet. Business name Address Owne / Of fi cer ✓ `5 4 A UctvJ ('. , ?uvcL� lvic- , [ itzo J u y Aoz oo � uC, 5sly"j6 I declare that all information t have failed in on this form Is true and complete to the best of my knowledge and belief. I authorize the Department of Rev - enue to disclose pertinent Information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to ,.I .. any subcontractors if I am a prime contractor, and to the contracting agency. to Contrac Sig arl (ute � Title t�atbe 1 0c) Wt VN. �� Mail to: Minnesota Revenue, Mail Station 6610, St, Paul, MN 55146 -66:10 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290,92 and 2700.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval Date ask JUL 2 7 2Dog SWO No 5000134(Rev. 1/07) MINNESOTA Department of Revenue Withhold W ithholdi ng Affidavit r C ontractors This affidavit must be approved by the Minnesota Department of Revenue before the state of �RM JUL lysim any of its subdivisions can make final payment to contractors Please type or print clearly This will be your mailing label for returning the completed form __.. — — — _ — — — — — — — — — Daytime phone Minnesoto withholding tax ID number C any name 7 A ) - . �, C(_ , u _�. j Tatar can - c �� [g 3alb zs "f Address _ city State Zip Code — I Amount act amount Month /year work began 1 li -b7 Z —I I. Project number Project location noll lN1+n�VZ', ~ k -ec tuvt li 1 t�v�c� Project owner Address CI Stoic tip code . Uli-Q 4 Ne Du , q+ADi ��tuv\ Mz� V� b , N \&l O �� VLi Ll r5ci 6 uld yo u hbye employees work on this proled'4 tE es U No' if no, who did the work? Check the box that describes your involvement in the project and fill in all information requested � to contractor bcontractor Name of contractor who hired you _ 1 X6 _ _ 7 Address �[ 14 D 7— Prime contractor —If you subcontracted out any work an this project, all of your subcontractors must file their own IG.134 affidavits and have them certified by the Department of Revenue before you can file your affidavit For each subcontractor you had, fill in the information below and altoch a copy of each subcontractor's certified iG134. if you need more space, attach a separate sheet. Business name Address Owner/—`--- I declare that all information i have filled to on this form is true and complete to the best of m knowledge and beli t authorize the Department of Revenue to disclose pertinent Information relating to this prp(ect, including sending copies of this form, to the prime contractor if f am a subcontractor, and to ntractors if o prime contractor, and to the contracting agency Date Dat Conttac , signature "fi g- -- Mail tot MN Dept of Revenue, Withholding Division, Mail Slation 6610, 51. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, l certi that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 2903.92 and 290.97 concerning the withholding of Minnesota income lax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions Deportment of Revenue approval e a r Date .ICII 9 7 ?ilfiq stock No, 5000134 (kov 11/961 printed on recycled pope( with 10% posiconsumer wane using roybosed Ink COUNCIL Originating Department ZTMSWEM� Approved for Agenda I Agenda Section Public Works I April 27, 2009 Develo meat & Item No. By: Guy Jolutson, Director By: Kirk McDonald, City Manage 1 8.2 Resolution awarding contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond to Applied Ecological Services (Improvement project nos.! 791 and 807) Requested Action Staff requests the Council consider approval of a resolution awarding a contract to the low and responsible bidder, Applied Ecological Services, in the amount of $47,471.88 for the preparation and planting of the Wincrest regional pond and the Northwood east sediment pond with a three -year site maintenance agreement for both sites. Policy /Past Practice In past water quality projects, the city of New Hope has utilized native plants to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Improvements to the existing Wincrest regional pond, located at the 5700 block of Winnetka Avenue North, and construction of the Northwood east sediment pond, were part of the city's 1996 surface water management plan. The improvements to the Wincrest regional pond were included in the Shingle Creek Watershed Management Commission's ( SCWMC) CIP at the Commission's August 9, 2007, meeting. On September 10, 2007, Council passed a resolution approving a cooperative agreement for Wincrest pond improvements between the SCWMC and the city of New Hope. The agreement was for construction and partial funding of improvements to the Wincrest regional pond. Motion by Second by I. I: \RFA \PUBWORKS \2009 \791 Wincrest Pond and 807 Northwood Pond Plantings Award Conract.doc Request for Action April 27, 2009 Page 2 In August of 2006, Council accepted a feasibility report on the proposed construction of the Northwood east sediment pond at this location. The report was given to the Bassett Creek Watershed Management Commission ( BCWMC) for their review and was accepted. The Council passed a resolution approving a cooperative agreement between the BCWMC and the city of New Hope in October of 2007. The agreement was for construction and funding of this new sediment pond, and the project was included in the BCWMC CIP. Council awarded contracts for the improvements to the Wincrest regional pond and for the construction of the Northwood east sediment pond on November 10, 2008. At that time, the Council also requested that staff solicit separate quotes from natural planting restoration companies for installation of the plants and the initial maintenance of the site. Staff has solicited quotes from three natural planting restoration companies for the installation of plants and a three -year maintenance agreement at both sites. The quotes received are as follows: MN Natives Landscapes Prairie Restoration Applied Ecological Services Northwood East Wincrest $22,072 $31,955 20,900 37,720 16,542 30,929 Applied Ecological Services submitted the low quotes for both sites. Their Wincrest regional pond site quote was for $30,929.17 and their quote for the Northwood east sediment pond site was $16,542.71, for a total of $47,471.88. The city of Golden Valley has used the services of Applied Ecological Services for a number of projects over the years and has had good experiences with them. Funding Funding for the Wincrest regional pond project is through the Shingle Creek Watershed Management Commission's CIP, the storm water pond fee from the Winnetka Townhome housing redevelopment, a Clean Water Legacy grant, Minnesota State Aid, and the TIF district or the city's storm water fund. Shingle Creek Watershed Management Commission's portion would be 25% of the project costs, up to a maximum of $90,625. The Winnetka Townhome storm water pond fee was $56,000 and the Clean Water Legacy grant was for $55,155. Funding for the Northwood east sediment pond project is through the Bassett Creek Watershed Management Commission's CIP. Attachments The engineer's memorandum, a copy of the resolution, and maps of the two sites are attached. I: \RFA \PUBWORKS \2009 \791 Wincrest Pond and 807 Northwood Pond Plantings Award Conract.doc City of New Hope Resolution No. 09- 60 Resolution awarding contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond to Applied Ecological Services (Improvement projects 791 and 807) WHEREAS, a planting plan has been developed for Wincrest regional pond and the Northwood east sediment pond sites; and, WHEREAS, the city has received three quotes for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites; and, WHEREAS, the bid in the amount of $47,471.88 from Applied Ecological Services, for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites is the lowest responsible bid submitted; and, WHEREAS, city staff has recommended that Council award the contract to Applied Ecological Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites is awarded to Applied Ecological Services in the amount of $47,471.88 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of April 2009. Mayor Attest: ` �< n ' `U_ City Clerk 2335 Highway 36 W St. Paul, MIN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com April 21, 2009 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Northwood East Pond Restoration and Wincrest Pond Restoration Client Project No.: 807 & 791 Bonestroo File No.: 000034 - 08212 -0 Dear Guy: As directed by Council, the restoration work and first three years of maintenance for each project was separated out from the grading contracts completed this past winter. Three quotes for each of the projects have been received. The results are tabulated below: Contractor Northwood East Wincrest Combined Low Applied Ecological Services $16,542.71 $30,929.17 $47,471.88 #2 MN Native Landscapes $22,071.50 $31,955.00 $54,026.50 #3 Prairie Restorations $20,900.00 $37,720.00 $58,620.00 The low Bidder, on both Projects, was Applied Ecological Services, Inc. with Bids of $16,542.71 for the Northwood East Project and $30,929.71 for the Wincrest Pond project, for a combined Bid of $47,471.88. If the City Council wishes to award the Projects to the low Bidder, then Applied Ecological Services, Inc. should be awarded the Northwood East Pond Restoration Project on the Bid Amount of $16,542.71 and the Wincrest Pond Restoration Project on the Bid Amount of $30,929.17. Sincerely, Jason Quisberg Attachments: Bid Tabulation cc: Shawn Markham, Contract Manager go ir Bonestroo Item Num Project Name: Wincrest Pond Restoration CILnt Project No.: 791 Project No.: 000034- 08212 -0 Quote Due Date: Thursday, April 16, 2009 at 2:00 P.tst- Onme;: City of New Hope BID TABULATION 2 EROSION CONTROL BLANKETS, CATEGORY 3 SY 3 NATIVE SEEDING, MnDOT MIX 328 AC 4 NATCIE SEEDING, MnDOT MIX 340 AC 5 MOWING EA 6 PREMIUM TOPSOIL BORROW (LV) C'r 7 RED MAPLE, 2° CAL, EA 8 TAMARACK, 6' HEIGHT EA 9 SWAT -1P WHITE OAK, 2" CAL, EA 10 RED OSIER DOGWOOD, NO. 2 CONT. EA 11 ELDERBERRr, NO, 2 CONT. EA 12 NANNYBERRY VIBURNUM, N0, 2 CONT, EA 13 PICKEREL PLANT, 4" POT EA 14 GIANT BUR -REED, 4" POT EA 15 BROAD - LEAVED ARROWHEAD, 4" POT EA 16 SOETSTEM BULRUSH, 4" POT EA TOTAL BASE BID: Contractor Name and Bidder No. 1 Bidder No. 2 Bidder No. 3 Applied Ecological Services, Inc. Minnesota Native Landscapes, Inc. Prairie Restorations, Inc Unit Price Total Unit Price Total Unit Price Total 1 $1,472.40 $1,472.40 $1,100.00 $1,100.00 $1,950.00 $1,9' 00 $1.30 $5,720.00 $1.10 $4,840.D0 $1.10 $4,8 ).6 $1,093.10 $655.86 $1,095.00 $657.00 $4,800.00 $2,8' 0 $1,681.70 $504.51 $1,095.00 $328.50 $4,000.00 $1,2 i 7 $183.30 $1,283.10 $430.00 $3,010.00 $300.00 $2,1i SO $45.90 $11,475 -00 $49.00 $12,250.00 $48-00 $12,Oi 8 $34160 $2,732.80 $296.00 $2,368.00 $415.00 $3,3 6 $121.70 $730.20 $275.00 $1,650.00 $300.00 $1,8i 8 $23130 $1,850.40 $302.50 $2,420.00 $46100 $3,7 47 $32.70 $1,536.90 $24.50 $1,151.50 $30.00 $1,4 16 $32.70 $523.20 $24.50 $39100 $30.00 $4' 24 $32.70 $784.80 $24.50 $583-00 $30 -00 $7 40 $8.30 $332.00 $6.00 $240.00 $6.50 $2� 40 $8.30 $332.00 16.00 1240.00 16.50 $2 40 $8.30 $332.00 $6.00 $240.00 $6.50 $2 80 $8.30 $664.00 $6.00 $480.00 $6.50 $5 pphed Ecological Services, Inc. 'Mnnesota Nau =e Landscapes, Inc. Prairie Restorations, Inc. 1938 Mushtown Forfid 8740 77th Street NE P.O. Box 32 ior Lake, MN 55372 Otsego, MN 55362 Princeton. M 55371 1919 763- 295 -0010 763- 631 -9430 1920 763- 295 -0025 763 - 631 9453 Lasch Josh Han s,,�n I Mike Evenocheck u N co N Ln Fs%�Hfffi! 200 2400 we====== at NEW HOPE, MINNESOTA FIGURE 1 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161 FLOC.DWG DATE: MAY 2007 COMM: 34 -04 -161 58th AVENUE N EW POND GRAPINCh C 7 �EW POND G�RAql�N ElLu= cfl c/i C3 Z Lu Lu > j II ru Scale In fee fl XI STING STORM SEWER (TYPICAL) IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 2 5700 WINNETKA AVENUE POND IMPROVEMENTS 3 4041 61 FO 1 . DWG DATE. MAY 2007 COMM: 34-04-161 ... .. ...... I Z LLJ > uJ Aux PEY cd BC-P2.12 DRAINAGE AREA ARCH r 4'x8' I I NCAT �,-WIGOD PAW BC -P3. TL 21 RD J- ! �628 pu8Fx ----i L0;��EeFC AVE 2 Ij 27 30 SC-P5.20 i f �g PEAMCd PEMC�' �'�` � ^ '�° PfZOJ E CT A A E PEY 7' 49 24� 'BC BC-P3.27" y -r IHI 4,14 4 L.s_..s ��;31L1 �� _� —�_r BC P2.3 L 2 91 4 2 1 F- Ell ZM01f1 PT , �h 2 -- r-- r -•' r- T C-P3.28t J 0 pu j � ti �,,�i� -_L � .i_..s.__...'� '�...._._...� �.w� 3 0 s , � . � � �, t -1 � � \ �° L._. - - SURFACE WATER MANAGEMENT PLAN NEW HOPE, MINNESOTA FIGURE 2 NORTHWOOD PARK SEDIMENT TRAP BC-P3.15C 3406188—fig002 DATEAUGUST 2006 COMM:34-06-188 7 AVENUE NORTH — 12�3 �� / TING �OR 9fn 13 i C 6 � 1 %00 A o \ � PR ED) D PON ° s � 0 0 NORTHWOOD PARK/WETLAND ` \ r X 0 ,. .��i l �•,.(„ \ � ^: 890 Scale in t Q ��A NEW HOPE, MINNESOTA FIGURE 1 NORTHWOOD PARK SEDIMENT TRAP BC— P3.15C 3406188_figl DATE: AUGUST 2006 COMM:34 -06 -188 Arl eonestroo Rosene REIM Anderlik & Associates Engineers & Architects DIN For valuable consideration as set forth below, this Contract dated the .-_ day of c: , 2009, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Applied Ecological Services, Inc., a Wisconsin corporation (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the April 2009 Project Manual For Wincrest Pond Restoration City Project 791 prepared by Bonestroo (hereafter City Engineer), the pond restoration plans attached hereto as Exhibit A and the Request for Proposal, all of which are incorporated herein by this reference for the pond restoration and maintenance at Wincrest Pond. This Contract, the Request for Proposal, the attached restoration plans and the April 2009 Project Manual shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 0. 1#0 The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the contract documents and shall include the entire completed construction to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. 3. CONTRACT PRICE The City agrees to pay Contractor the total amount of the contract, determined by the sum of. the verified quantities completed for each bid term multiplied by the appropriate Bid Unit Prices, payable by monthly progress payments equal to 95 % of the Contractor's completed work as approved by the City Engineer. Each progress payment for the completed and approved work shall be made by the City to the Contractor within 35 days of the City's receipt of the Contractor's monthly invoice. The 5 % retainage withheld from each Contractor invoice shall be paid within 35 days from the date the completed project is accepted by the City. The Parties agree the project, for purposes of paying retainage, will be completed after the City Engineer determines the plantings are established and have survived for one growing season with the exception of the bid item for native seeding. The Parties agree acceptance of native seeding shall occur after the end of the third growing season after planting as set out in the April 2009 Project Manual. The City agrees its acceptance of the project may not be unreasonably withheld. The agreed upon unit prices upon which the City's payment will be made are set out in Exhibit B attached. The —1— estimated cost for the completed work is $30,929.17. However, the final cost may be more or less than the estimate based on quantities of materials used. The work included in this project can not begin until approval of this contract is received and the notice to proceed is given by the Engineer. All planting and restoration work under this Contract shall be completed by September 25, 2009 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of September 25, 2009 the Contractor shall pay the City $50.00 per day as liquidated damages. The City agrees the completion date shall be extended if the Contractor's failure to complete the contract by the completion date was caused by reasons not within the contractor's control. The length of the extension shall equal the number of days the contractor was delayed for reasons not within his control. The Contractor will be responsible for completing all maintenance activities as outlined in the specifications and as directed by the Engineer through June 30, 2012. 5. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverage's to be in effect from the date of the contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. M The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and, payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and As Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U. S. Treasury Department All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. —3— L• 1 The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be 21938 Mushtown Road, Prior Lake, MN 55372. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By: Its b4avor M. Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this ? day of ' .:' , 2009, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respec vely, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE a f NOTARY PUBLIC - MINNESOTA b.._. My Commission Expires Jan. 31, 2010 Notary Public APPLIED ECOLOGICAL SERVICES JNC. By:.z,r Its: Maw sc lith (_c?+fftt2N �(rn��cBv"` Its: STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument M1 1 "t'l , 2009, by respects y, of I ) of before me this day of the ,a Wisconsin corporatio on behalf of said corporation. Notary Public P:\Attorney\SAS\l Client Files\2 City of New Hope\99-10030 (Public Works general)\Winncrest Pond restoration k - Applied Eco. Ser. - clean.doc MAJ NEW HOPE, MINNESOTA 23Vt 15 36 WINCREST POND RESTORATION .Voonestmo ft-sw's y LANDSCAPE PLAN fw:651�&1311 CDY PROJECT No. 791 tIYJ30FHIRifII1 J,Jr1tl � Z C o�$m Z� ti Z�o2 z b 8 �Pas�d In ll 1L T J1 It 11 IL I 11�11�11� a ll hi lt I�.,hII JI IL iI�II— �'�� 9 i �>s��cxr- rcv •saga xouoaJUxaJJJ3aox ° x/ua dJllxYM a1F°IA tY33°33 gA°3daYli�NY 0311Y9 T 9rxY »UY46taviKKASMUbiro,M2GpX6 �ulVlv�6wua W Y". pt IYBYLx a2',xxtwwoxAxawtAlm�xWJW¢x A vWvt WSO fa5@1 ,7 �aHJt°/t�labY ].x«,Y n Y, «Ya.x«x.awwiw,xsmxwxw,wx m,AiASS..xirs,.,aa vwiu�ira�ww wwi amwmw'm°�ms+� m �� O° 2Ax1 x°rn mw >'iia •smcnx ax xo axisre asrwx]nw,+.aw�xwnixs.awaxx � n a, a xmiYiman'o°'�a °vaiw °L ]nra nrx s]xWJa1 axi A L9K rOt]Al 3,1 rn � tl�01MlAaW>r «w JmhaiJmvww�W�iaP YW wixW° °A ivYVq lx�a?ilxx x i N1�9�aSA�v a: 0}p[} 1W d irt v�RVa iLL xwaN "}*Y� 'miouaxaxaxtinwix]"xxivinww 19PAN wwax•au�i]�a�ai�?cY�iTM O A dOl ]xi 4' °°31Mtlb x�LPJ at�YTJ¢} W U°tl i]aL 6M1314 ,MrLLN AYJx]i 1p3 rW M13[ um w.v wvx x ima saJ ]m}- .}xalru ve� NYmmw""f mv x�u,i aoxn ]macswo.,azeonawnnioosx:a°a„o a. �na}n° au aox a}ix}} xo .. ixJnsnmmar eras arwJ.w w omJ s}]L sxix}n- asuave °xcsn °3xru 3x1 ,m Hisao xi of axwv} xs3x JiJ arms Jwxuxu w l cx"'v l is ':u�o•+�]swN°a°� w+ uz� wrrolro +wxu«n� .c ni oixi ens s �« °L Sw.' aY x i x O° a�aa °01 w ati .a sw sml smunx sa ix +xx n: ° Jr�'o a+i lYaixrv aw �wia ° � } Y�ui ° n "uer'm'.i'"'°."n�x m «mJ r,�iw..,,xJroonaw.xrrma,w.viwJn Wi N alaaS x/ua dJllxYM a1F°IA tY33°33 gA°3daYli�NY 0311Y9 T 9rxY »UY46taviKKASMUbiro,M2GpX6 �ulVlv�6wua W Y". pt IYBYLx a2',xxtwwoxAxawtAlm�xWJW¢x A vWvt WSO fa5@1 ,7 �aHJt°/t�labY ].x«,Y n Y, «Ya.x«x.awwiw,xsmxwxw,wx m,AiASS..xirs,.,aa vwiu�ira�ww wwi amwmw'm°�ms+� m EXHIBIT B - QUOTE FORM APPLIED ECOLOGICAL SERVICES, INC. Wincrest Pond Restoration New Hope, Minnesota City Project No. 791 File No. 000034 - 08212 -0 Quote Due: Thursday, April 16,2009,2:00 P.M., C.S.T. Return to: Jason P. Quisberg Fax Number 651- 636 -1311 Office Number 651- 604 -4938 Cellular 651- 775 -5121 BONESTROO UNIT TOTAL ITEM UNIT QTY COST COST 1. Mobilization LS 1 $1,472.40 $1,472.40 2. Erosion Control Blankets, Category 3 SY 4,400 $1.30 $5,720.00 3. Native Seeding, MnDOT Mix 328 AC 0.6 $1,093.10 $655.86 4. Native Seeding, MnDOT Mix 340 AC 0.3 $1,681.70 $504.51 5. Mowing EA 7 $183.30 $1,283.10 6. Premium Topsoil Borrow (LV) CY 250 $45.90 $11,475.00 7. Red Maple, 2" Cal. EA .8 $341.60 $2,732.80 8. Tamarack, 6' height EA 6 $121.70 $730.20 9. Swamp White Oak, 2" Cal. EA 8 $231.30 $1,850.40 10. Red Osier Dogwood, No. 2 Cont. EA 47 $32.70 $1,536.90 11. Elderberry, No. 2 Cont. EA 16 $32.70 $523.20 12. Nannyberry Viburnum, No. 2 Cont. EA 24 $32.70 $784.80 13. Pickerel Plant, 4" Pot EA 40 $8.30 $332.00 14. Giant Bur -reed, 4 Pot EA 40 $8.30 $332.00 15. Broad- leaved Arrowhead, 4" Pot EA 40 $8.30 $332.00 16. Softstem Bulrush, 4" Pot EA 80 $8.30 $664.00 Total Quote $30,929.17 OP ID KH DATE (MM/DDIYYYY) A008P. CERTIFICATE OF LIABILITY INSURANCE APPLI-3 1 05/01/09 PRODUCER THIS CERTIF IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hausmann-Johnson Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Regent St., PO Box 259408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Madison WI 53725-9408 Phone: 608- 257 -3795 Fax: 608- 257 -4324 INSURERS AFFORDING COVERAGE NAIC # INSURED i INSURER A Cincinnati Insurance Company 10677 INSURER B: Applied Ecological Services, LIISUREIR C Inc. PO Box 256 INSURER D: Brodhead WI 53520-9803 INSURER E rnX1PPAr THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L T RTN POLICY — EFFECTIVE — ' - FS - OLI — CY EXPIRATION TYPE OF INSURANCE POLICY NUMBER I DATE (MMIDD/YY) DATE (MMIDDIYY) LIMITS City of New Hope GENERAL LIABILITY I EACH OCCURRENCE Sl,000,000 A i DAMAGE TO RENTED c X COMMERCIAL GENERAL LIABILITY CPP0819612 1 02/01/08 02/01/11 PREHISES(Eatoccurenc') 4 5 50f000 Minneapolis MN 55428 CLAINIS MADE EX, 0• �CUR MED EXP (Any one person) S 10,000 AJJ2!�O!R!EEDBFPRE ATIVE PERSONAL & ADV INJURY S 1,000,000 GE NERAL AGGREGATE :S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIDPAGG s2,000,000 t POLICY PRO- [1, 'Ertip Ben. JECT LOC 1,000,000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000,000 A X X ANY AUTO CPA0819612 02/01/09 02/01/10 (Ea accident) ALL OV, AUTOS BODILY INJURY SCHEDULED AUTO (Per person) X HIRED AUTOS BODILY INJURY 'X (Per accident NON-011iNED AUTOS PROPERTY DAMAGE $ (Per accident'! GARAGE LIABILITY t j j I AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA Ai._ i AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE s14,000,000 A OCCUR CLAIMS MADE CPP0819612 ( 02/01/08 1 02/01/11 AGGREGATE s14,000,000 DEDUCTIBLE X I RETENTION `10,000 'S UIH WORKERS COMPENSATION AND X TORY LII`)I I ER A EMPLOYERS' LIABILITY I WC191728506 12/20/08 1 12/20/09 El. EACH ACCIDEHT S100,000 ANY PROPRIET(DRiPiRT( OFFICERTAEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYEG S 100 0 If yes, describe under SPECIAL PROVISIONS Lelow E.L. DISEASE - POLICY LIMIT S 500 000 OTHER A Propert Blankets CPP0819612 02/01/08 02/01/11 Buildings 3 SpcFrm/RC DEDUCT 1,000 Contents 2,102,200 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHIC / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Wincrest Pond Restoration- New Hope MN- Project 791 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed project. r'FPTIFI( WnI nF-P CAIVChI I IAII()I\l CITYNE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL City of New Hope IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave IT Minneapolis MN 55428 REPRESENTATIVES. AJJ2!�O!R!EEDBFPRE ATIVE Ak;L)KL) ZO (LUL11/1JO) @ ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC „ CERTIFICATE OF LIABILITY INSURAINCE OP ID xH DATE(MMIDDIYYYY) APPLI -3 05/01/09 PRaDttGECt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATiO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hausmann - Johnson Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Regent St., PO Box 259408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Madison WI 53725 -9408 Phone; 608 - 257 -379 Eax: 608 --257 -4324 z INSURERS AFFORDING COVERAGE NAIC # v .INSURED ; INSURER Cincinnati Insurance Com X10 677 A 'ER pplied Ecological Services, I11C . t tP2U C PO Box 256 n,Sd1RERD Brodhead WI 53520 -9803 t g INSURER E' t,, V V GCCH V Ga THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.m , .. ry}gR- p,�Tpti ww_, w_,. _. LTR TN5R TYPE OF INSURANCE POLICY NUMBER — POl CY EFEEC71 E "POLICY EXP ATIO LIMITS DATE MM /DDfYY DATE MMIDOtYY GENERAL LIABILITY 2 1 EACHOCCURRENCIE S 1 , 0 00 , 0 00 i DAMAGE TO RENTED I. $ f A 3 COMVERaAL GENERAL L6AS1LkTY I CPP0819612 € 02/03/0$ ; 02101111 �RTELM_S s 50,000 - ( I n"t3.thR8 MADE OCCUR r X I. ABED EXP (Any one pets n) S 10 , 00 t ! ; PERS.>Na °u ADV INJ URY I51,000,000 ' 1 G NL A'GGREGATELIMIT.APPLIE5 PER' t G ENERAL AGGREGATE k $ 2 , 00 0 , 000 I PR(JDJ T'o CC7P'iPa Ar't, f S 2 r 000 , 000 -- P >�ier � ] P T La i o . E Ben. 1,000,000 i [ LIABILITY . COMBI,NEDSINGLEU07 ' t 1,000,000 A ' ANY AUTO CPA0819612 02/01/09 02/Ol/10 '. (Ea accident) i y .. ALI. GIWHED AUTOS t = I { BODILY INJURY 5 # (Par person) I SCHEDULED AUTOS ;. ..__.. _......M ,,. I ti X HIRED AUTOS 3 BODILY INJURY t � pe wrtdent) I X Ntii•! -V NNED,AUTOS PROPERTY DAMAGE I $ ...... ... ... .. ..._. ..... .- ._ ... .. .... i t t (Peraccident) i ;GARAGE LIABILITY AVIC) ONLY -E A ACCIDENT ' T� . I I € ANYAUTO I OTHERTHAI'1 Ert s S ..._ _.....� _.�, } - ---- ( AU`O ONLY' AGG , S EXCESSIUMBRELLA LIABILITY S � � EACH Ot GURRENGE_ ^ __ . S 14 , 000 , 000 �acGRE x 14,000,000 A IX kOCt UR J LAIMSMADE CPP0819612 02/01/08 02/01/11 nTE _ DEDUCTIBLE t -. S �-- IX RETEI TION $ 10,000 WORKERS COMPENSATION AND r X d �JRY LlMtT„ .. . . ..... .. I ER I .. „ EMPLOYERS' LIABILITY A WC191726506 `VE i 12/20/08 12/20/09 I E.L EA A ^CIDENT s 200 000 ANYPROPRIETORkPARTNERIEXECUTI ; . OFFICER MEMBER EXCLUDED? j S E DISEASE - EA EMPLOYE S 10 0,00 0 it yes .dnort*unde: I SPEC.AAL PROVISIONS Celow J EL DISEASE POLICY LIMIT {&0 500,000 OTHER I A Property Blankets CPP0819612 02/01/08 02/01/11 Buildings 3,186,179 S cFrria /RC DEDUCT 1, ? Contents 2,102,200 DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS : Wi4crest Pond POstoration - New Hope MN- Project 791 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed project. ACORD 25 (2001/08) 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYNE2 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, . BUT FAILURE TO DO $O SHALL City of New Hope IMPOSE NO OBLIGATION OF, LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave N REPRESENTATIVES. Minneapol MN 55428 AUAH RIZED„g ;RE A71VE n Ar ntRn r�r)RPnP ftTIC)N ACORD 25 (2001/08) 1988 If the certificate holder isaoADDITIONAL INSURED, the policy(ins) must bo endorsed, Astotemant mn this certificate does not .confer rights 10 the certificate holder in lieu cf such endorsement(s). If SUBROGATION 0 WAIVED, subject tU the tenns and conditions cf the policy, uadmin policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance oO the reverse side of this form does not constitute o contract between the issuing ineumr(s). authorized representative orproducer, and the certificate holder, nor does d affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, • • r 440 Lincoln Street, Worcester, MA 01653 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, BOND NUMBER 1882385 Applied Ecological Services, Inc. as Principal, and The Hanover Insurance Company a corporation duly incorporated under the laws of the State of New Hampshire , as Surety are held, and firmly bound unto Citv of New Hop Thirty Thousand Nine Hundred Twenty -Nine Dollars and 171100 as obligee, in the penal sum of ( $30,929.17 for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Wincrest Pond Restoration; City Project No. 791 WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of Three (3) year(s) from and after the date of completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in Worcester, MA promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. Dated this 1 st day of May 2009 Witness: Applied Ecological Services, Inc. ,Principal � by: V U The Hanover Insurance Company ' by: Liz Mosca Witness Bryan Jay Huft Attorney -in -Fact Tl1e The Hanover Insurance Company 1440 Lincoln Street, Worcester, MA 01653 4—.k, Hanover Citizens Insurance Company of America 645 West Grand River Avenue, Howell, MI 48843 Insurance Group.. Massachusetts Bay Insurance Company 440 Lincoln Street, Worcester, MA 01653 Performance Bond BOND NO. 1882385 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Applied Ecological Services, Inc. 17921 Smith Rd, Brodhead, WI 53520 -0256 SURETY (Name and Principal Bond Office): The Hanover Insurance Company 440 Lincoln Street Worcester, MA 01653 OWNER (Name and Address): City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: 5/1/09 Amount: $30,929.17 Description (Name and Location): Wincrest Pond Restoration; City Project No. 791 BOND Date (Not earlier than Construction Contract Date): 5/1/09 Amount: $30,929.17 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Applied Ecological Services, Inc. Signature: Name and Title: X None See Page 3 SURETY Company: (Corporate Seal) The Hanover Insurance Company Signature: G Name and Title: Bryan Jay Huft, Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other J. Ryan Bonding, Inc. p a d' ): Bonestroo P.O. Box 465 2335 W Hwy 36 Hudson, WI 54016 St. Paul, MN 55113 800 -535 -0006 AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W, WASHINGTON, D.C. 20006 A312 -1984 141 -0772 (10104) I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 33 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 42 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's 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 circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 63 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price 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 the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any changes, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W, WASHINGTON, D.C. 20006 A312 -1984 2 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 the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the 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 or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 123 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12A Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate SeaD Company: (Corporate Seal) Signature: Signature: Name and Title r .--/ i Name and Title: Address: (J 1 � � _ G Address: AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312 -1984 3 Hanover Insurance Group® The Hanover Insurance Company ( 440 Lincoln Street, Worcester, MA 01653 Citizens Insurance Company of America 1 645 West Grand River Avenue, Howell, MI 48843 Massachusetts Bay Insurance Company ( 440 Lincoln Street, Worcester, MA 01653 Payment Bond BOND NO.: 1882385 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be c onsidered plural where applicable. CONTRACTOR (Name and Address): Applied Ecological Services, Inc. 17921 Smith Rd, Brodhead, WI 53520 -0256 OWNER (Name and Address): City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: 5/1/09 Amount: $30,929.17 SURETY (Name and Principal Bond Office): The Hanover Insurance Company 440 Lincoln Street Worcester, MA 01653 Description (Name and Location): Wincrest Pond Restoration; City Project No. 791 BOND Date (Not earlier than Construction Contract Date): 5/1/09 Amount: $30,92917 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: ❑ None SURETY (Corporate Seal) Company: o See Page 6 (Corporate Seal) Applied Ecologi . 1 Services, Inc. The Hanover Insurance Co any 0 Signature: L 0 Signature: ` Name and Tit e: Name and Title: U Bryan Jay Huft, Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other J. Ryan Bonding, Inc. party): P.O. Box 465 Bonestroo Hudson, WI 54016 2335 W Hwy 36 800 - 535 -0006 St. Paul, MN 55113 AIA DOCUMENT A312 - PAYMENT BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 141 -0773 h0104) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 42 Claimants who do not have a direct contract with the Contractor: 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the 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 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 the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has 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 the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 if a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The 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 the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for 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 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 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 Subparagraph 4.1 or Clause 4.2 (iii), 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 min- imum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by surety, the Owner or the 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 or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 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. AIA DOCUMENT A312 • PAYMENT BOND • DECEMBER 1984 ED. • AIA® A312.1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the 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 the Contractor or with a subcontractor of the 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6. is deleted in its entirety and replaced with the following: 152 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 153 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 6. When the Claimant has satisfied the conditions of Paragraph 4., and, upon request by the Surety, provides the Surety with a properly executed Affidavit of Claim and documentation supporting the claim, the surety shall, within a reasonable period of time, have the right to request additional documentation or information, state the amounts that are undisputed and /or provide the basis for challenging any amounts that are disputed. When documentation sufficient to establish a claim has been submitted, and the Surety has stated any amounts that are undisputed and /or provided the basis for challenging any amounts that are disputed, the Surety shall, within a reasonable period of time, pay or arrange for payment of any undisputed amounts. Nothing said or left unsaid by the Surety regarding a claim shall be construed as an admission of liability or as a waiver of any defenses or rights that may exist to the Contractor and /or Surety with respect to the claim. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: ❑ Signature: ❑ Signature: Name and Title: Name and Title: (Corporate Seal) Address: Address: AIA DOCUMENT A312 PAYMENT BOND + DECEMBER 1984 ED. • AIA® A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this day of , in the year 20 , before 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 this _ day of , in the year 20___ , 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 `� ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of } On this day, , in the year 20Ai before me personally come(s) 1 f d tGi to me known, who, being duly sworn deposes and says that he resides in the City of DU _ that he is the of the I the corporation described in and which executed the foregoing instrument,and at he signed his name theret * State of Wiscons County of _ St. Croix On this 1 st come(s) Bryan Jay Huft Notoy Public ACKNOWLEDGMENT OF SURETY I day of May in the year 2009 _ cn r % • WISG ® �� before me personally Attorneys) -in -Fact of The Hanover Insurance Company with whom I am personally acquainted, and who, being by me duly sworn, says that he /she reside(s) in Hudson, WI that he /she is (are) the Attorney(s) -in -Fact of company The Hanover Insurance Company the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the 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 andtt at he signed said instrument as Attorney(s) -in -Fact of the said Company by like order. _Iti_ ffi(/F \N � - 4 q A Notary Public 18- Mar -12 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint; Michael J. Douglas, Chris Steinagel, Liz Mosca and/or Bryan Jay Huft of Hudson, WI and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and Noll 00 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 14` day of January 2009. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) SS, On this 14` day of January 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. NOM cammawerw a f Ntrfary Public w.. *C EWOW My commission expires on November 3, 2011 1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1st day of May 2009 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S IN_SUj� f1kNCE CO(ytPANY OF�t ERICA S ( / Step�i°e r . racd , 'sistant rce Pres titnt L. AaORD CERTIFICATE OF LIABILITY INSURANCE AP 3 D 12J18/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hausmann- Johnson Insurance Inc 700 Regent St., PO Box 259408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW POLICY NUMBER Madison WI 53725 -9408 Phone: 608- 257 -3795 Fax: 608- 257 -4324 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Cincinnati Insurance Company 10677 INSURER B: Applied Ecological Services Inc . I NSURER C: INSURER O: PO OX 256 B Brodhead WI 53520 -9803 INS[ IRFR F AMA16L 'U " -N P " REMISES (Eaoccurence COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN AL)U' LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY DATE MM1DD /YY EFFECTIV ( P DA E /YY N LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CPP0819612 02/01/08 02J01/11 EACH OCCURRENCE $1,000,000 AMA16L 'U " -N P " REMISES (Eaoccurence $ 50,000 IVIED EX (Any one p erson) $ 1 0,000 CLAIMS MADE [j�] OCCUR ( PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 PRO- POLICY X JECT LOC ( Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO CPA0819612 02/01/09 02/01/10 COMBINED SINGLE LIMIT (Eaaccident) g 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS ( X PROPERTY DAMAGE Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EA CH OCC $ 5,000,000 A X OCCUR EICLAIMSMADE CPP0819612 02/01/08 02/01/11 AGGREGATE $5,000,000 $ $ DEDUCTIBLE $ X RETENTION $10,000 A WORKERS COMPENSATION AND ! EMPLOYERS' LIABILITY ANY PROPRIETORrPARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? WC191728507 ( 12/20/09 12/20/10 X TORY LIMITS ER j E.L. E ACCIDENT _ I s 10 0,000 E.L. DISEASE - EA EMPLOYE $ 100 , 000 If yes, describe under SPECIAL PROVISIONS below ' ( E.L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER A Property Section CPPOS19612 02/01/08 02/01/11 Buildings 3,186,179 Contents 2,102,200 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Wincrest Pond Restoration- New Hope MN- Project 791 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed project. CERTIFICATE HOLDER CANCELLATION CITYNE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of New Hope 4401 Xylon Ave N Minneapolis MN 55428 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ORIZED RE ATIVE ACORD 25 (2001108) O ACORD CORPORATION 1988 T19490 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. (2001 Client #• 3024 >, I e ACOR DTM I CERTIFICATE O LIAB ILITY INSURANCE 03/30/2009 (MMIDDNYYY) PRODUCER MN- COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 A.DD'L NSR TYPE OF INSURANCE MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED LANDWEHR CONSTRUCTION INC f °` j PO BOX 1086 / ST CLOUD, MN 56302 INSURER A: ZURICH AMERICAN INSURANCE COMPANY INSURER B: EVEREST NATIONAL INSURANCE CO GLOS34529204 INSURER c AMERICAN GUARANTEE & LIAB INS 03/31/10 INSURER D: $1000000 INSURER E: $300 OOO COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A.DD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD /YY LIMITS A GENERAL LIABILITY GLOS34529204 03/31109 03/31/10 EACH OCCURRENCE $1000000 DAMAGE TO RENTED PRE MISES (Fa occurrence) $300 OOO X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10,000 _ CLAIMS MADE 51 OCCUR INCLUDES: PERSONAL & ADV INJURY $1,000,000 X XCU OPERATIONS OF X BROAD FORM PD GENERAL AGGREGATE s2,000,000 SUBS - CONTINGENT GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 CONTRACTUAL LIAR POLICY X P JECT RO LOC C AUTOMOBILE LIABILITY ANY AUTO BAP534529104 03/31109 03/31 /10 COMBINED SINGLE LIMIT (Ea accident) $1,000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY 71 C6000076091 03/31/09 03/31/10 EACH OCCURRENCE s5,000,000 AGGREGATE $5,,000 X OCCUR 1:1 CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $ O A WORKERS COMPENSATION AND WC534529304 03/31/09 03/31110 X WC U- LIMI OTH- E.L. EACH ACCIDENT — $1,000, EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTiVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 5700 WINNETKA POND IMPROVEMENTS (WINCREST POND) ' ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W /RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY: CITY OF NEW HOPE(OWNER) BONESTROO (ARCHITECT) CITY OF NEW HOPE CITY HALL 4401 ZYLON AVE N NEW HOPE, MN 55428 -4898 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE I n n _ ACORD 25 (2001/08) 1 Of 2 #S326103/M326091 VLH © ACORD CORPORATION 1988 1l`OO, 1 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001/08) 2 of 2 #S326103/M326091 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 10, 2008 Development & Plannin Item No. By: Guy Johnson, Public Works Director By: Kirk McDonald, City Manager 8.3 Resolution awarding a contract to Landwehr Inc. for improvements to the Wincrest regional pond for $129,832 (improvement project 791) Requested Action Staff is recommending that Council approve a resolution awarding a contract to Landwehr Inc. for improvements to an existing water quality pond ( Wincrest regional pond) located at the 5700 block of Winnetka Avenue North in the amount of $129,832. Policy /Past Practice Improvements to the existing Wincrest regional pond, located at the 5700 block of Winnetka Avenue North, is part of the city's 1996 surface water management plan. Background Staff has recommended that the city improve and expand the storage capacity of an existing pond at the 5700 block of Winnetka Avenue North ( Wincrest pond). The new pond was approved to be included in the Shingle Creek Watershed Management Commission's ( SCWMC) CIP at the Commission's August 9, 2007, meeting. On September 10, 2007, Council passed a resolution approving a cooperative agreement for Wincrest pond improvements between the SCWMC and the city of New Hope. The agreement is for construction and partial funding of improvements to the pond located on the 5700 block of Winnetka Avenue North. At the Council's July 28, 2008, meeting, the Council authorized the preparation of plans and specifications for the improvements. Council's direction was to proceed with the plans and specifications for the improvements to the existing pond, and coordinate the storm water improvements along Winnetka Avenue with a future improvement project to the Winnetka Avenue infrastructure. Motion by �. ��'�:_, Second by1( %Z.' / ? h f .J \RFA \PUBWORKS \2008 \791 Wincrest pond Award Contract.doc Request for Action November 10, 2008 Page 2 Plans and specifications for the project were authorized by Council on September 22, 2008, and direction was given to solicit bids for the project. The Council also requested that staff solicit separate quotes from natural planting restoration companies for installation of the plants and the initial maintenance of the site. If the Council approves the pond construction contract, staff will proceed with obtaining quotes for restoration of the site next spring. Bids were opened on October 30, 2008. Nineteen bids were received by the city of which the bid submitted by Landwehr Construction Inc. was identified as the lowest and responsible bid. The city has acquired the necessary temporary construction easements for the pond improvements from the property owner. The easements will allow aesthetic benefits through elimination of site restoration limitations. Funding The estimated total project cost for construction improvements to the sediment pond is $200,000 to $260,000, depending on the possible impact of contaminated soils at the location. Funding will be through the Shingle Creek Watershed Management Commission's CIP, the storm water pond fee from the Winnetka Townhome housing redevelopment, Minnesota State Aid, and the TIF district or the city's storm water fund. Shingle Creek Watershed Management Commission's portion would be 25% of the project costs, up to a maximum of $90,625. Shingle Creek Watershed Management Commission's portion would also include 25% of any additional costs incurred due to contaminated soil. The Winnetka Townhome storm water pond fee was $56,000 and the State Aid funds could be as high as $84,000 depending on the final project costs. Attachments The engineer's memorandum, a copy of the resolution, and a copy of the bid tab are attached. I: \RFA \PUBWORKS \2008 \791 Wincrest pond Award Contract.doc City of New Hope Resolution No. 08 -159 Resolution awarding a contract to Landwehr Inc. for improvements to the Wincrest regional pond for $129,832 (improvement project 791) WHEREAS, the city requires the assistance of a contractor for improvements to the Wincrest regional pond site; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the city has accepted bids for work described in the plans and specifications and has identified the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for Wincrest regional pond improvements is awarded to Landwehr Construction Inc., in the amount of $129,832. 2. That a contract between the city of New Hope and Landwehr Construction Inc. is approved, and the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of November, 2008. n Mayor Pro tem GGG Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 www.bonestroo.com November 4, 2008 4rlo Bonestroo Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 5700 Winnetka Pond Improvements (Wincrest Pond) Project City Project No. 791 S.A.P. 182- 109 -04 Project No. 000034- 04161 -0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Thursday, October 30, 2008 at 1:30 P.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 19 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low Landwehr Construction, Inc. $129,832.00 #2 Park Construction Company $139,122.25 #3 Ramsey Excavating Company, Inc. $143,824.00 #4 Nord Excavating, Inc. $143,866.00 #5 Nadeau Excavating, Inc. $144,510.00 #6 Imperial Developers, Inc. $145,659.50 #7 County Line Excavating LLC $149,627.00 #8 Rachel Contracting LLC $149,941.00 #9 Veit & Company, Inc. $150,199.50 #10 Sunram Construction, Inc. $150,719.10 #11 Frattalone Companies, Inc. $151,614.00 #12 Doboszenski & Sons, Inc. $154,119.25 #13 Peterson Companies, Inc. $154,436.83 #14 Stocker Excavating, Inc. $167,885.94 #15 Northwest Asphalt, Inc. $168,837.97 #16 Nyen Excavating, Inc. $175,140.50 #17 Forest Lake Contracting, Inc. $176,375.00 #18 G L Contracting, Inc. $200,847.76 #19 Wruck Excavating, Inc. $212,678.40 The low Bidder on the Project was Landwehr Construction, Inc. with a Total Base Bid Amount of $129,832.00. This compares to the Engineer's Estimate of $140,000.00. These Bids have been reviewed and found to be in order. St. Paul If the City Council wishes to award the Project to the low Bidder, then Landwehr Construction, InsLCloud should be awarded the Project on the Total Base Bid Amount of $129,832.00. Rochester Milwaukee Chicago City of New Hope Poge 2 5700 Winnetko Pond Improvements Project November 4, 2008 Should you have any questions, please feel free to contact me at (651) 604 -4938. Sincerely, BONESTR00 Jason P. Quisberg, P.E. Enclosure I Project Name: 5700 Winnetka Pond Improvements (Wincrest Pond) I hereby certify that this is an exact City Project No.: 791, S.A.P. 182 - 109 -04 Project No.: 000034-04161-0 reproduction ofbidsreceived. Bonestroo �� G Bid Opening: Thursday, October 30 2008 at 1:30 P.M. Owner. City of New Hope y Jason P. Quisberg, A Registration No. 44315 Bidder No. 1 Bidder No, 2 Bidder No. 3 Bidder No, 4 BID TABULATION Landwehr Construction Inc Park Construction Company Ramsey Excavating Company Inc Nord Excavating Inc Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total St Cloud MN 56302 BASE BID: Phone: 320 - 252 -1494 651- 437 -2512 612. 529 -0077 763 -263 -0501 Fax 320. 252 -2380 651- 437 -4930 612-529 -0074 763 -263 -5969 i MOBILIZATION LS 1 $5,000.00 $5,000,00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $13,000.00 $13,000.00 2 CLEAR AND GRUB LS 1 $4,800.00 $4,800.00 $5,000.00 $5,000.00 $4,400.00 $4,400.00 $5,100.00 $5,100,00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 $5.00 $400.00 $3,77 $301.60 $2.00 $160.00 $3.50 $280.00 4 REMOVE SEWER PIPE (STORM) LF 117 $1.00 $117.00 $15.00 $1,755.00 $100 $234.00 $20.00 $2,340.00 5 REMOVE CONCRETE SIDEWALK SF 400 $1.00 $400.00 $0.55 $220.00 $035 $300.00 $1.00 $400,00 6 REMOVE BITUMINOUS PAVEMENT SY 60 $7.50 $450.00 $3.45 $207,00 $4 $240.00 $4.00 $240.00 7 REMOVE 36" CONCRETE APRON EA 1 $75.00 $75.00 $190.00 $190.00 $200.00 $200.00 $200.00 $200.00 8 SAWING BITUMINOUS PAVEMENT LF 55 $4.00 $220.00 $3.55 $195.25 $4.00 $220.00 $3.00 $165.00 9 COMMON EXCAVATION CY 5400 $12.25 $66,150.00 $12.50 $67,500.00 $1125 $71,550.00 $12.50 $67,500.00 10 AGGREGATE BASE, CLASS 5 TN 25 $30.00 $750.00 $35.00 $875.00 $15.00 $375.00 $35.00 $875.00 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6 $175.00 $1,050.00 $171.00 $1,026.00 $205.00 $1,230.00 $280.00 $1,680.00' 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 $175.00 $4,375.00 $156.00 $3,900.00 $190.00 $4,750.00 $255.00 $6,375.00 13 24" RC PIPE APRON EA 1 $900.00 $900.00 $800,00 $800.00 $1,260.00 $1,260.00 $1,600,00 $1,600.00 14 36" RC PIPE APRON EA 1 $1,450.00 $1,450.00 $1,000.00 $1,000.00 $1,575.00 $1,575.00 $2,500.00 $2,500.00 15 24" RC PIPE SEWER, CLASS III LF 55 $60.00 $3,300.00 $50.00 $2,750.00 $39.00 $2,145.00 $58.00 $3,190.00 16 36" RC PIPE SEWER, CLASS III LF 62 $90.00 $5,580.00 $85.00 $5,270.00 $80.00 $4,960.00 $78.00 $4,836.00 17 CONST, DRAINAGE STR., 4' DIAMETER MANHOLE EA 1 $2,700.00 $2,700.00 $4,500.00 $4,500.00 $3,150.00 $3,150,00 $2,200.00 $2,200.00 18 CONST, DRAINAGE STR., 5' DIAMETER MANHOLE EA 1 $3,300.00 $3,300.00 $6,000.00 $6,000.00 $4,200.00 $4,200.00 52,400.00 $2,400.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 $300.00 $300.00 $450.00 $450.00 $525.00 $525.00 $500.00 $500.00 20 RANDOM RIPRAP CLASS III CY 61 $65.00 53,965.00 $100.00 $6,100.00 $90.00 $5,490.00 $75.00 $4,575.00 21 4" CONCRETE SIDEWALK SF 400 $5.00 $2,000.00 $4.55 $1,820.00 $6.00 $2,400.00 $5.25 $2,100.00 22 8618 CONCRETE CURB AND GUTTER LF 80 $30.00 $2,400.00 $29.50 $2,360.00 $30.00 $2,400.00 $31.00 $2,480.00 23 TRAFFIC CONTROL LS 1 $2,000.00 $2,000.00 $910.00 $910.00 $1,870.00 $1,870.00 $2,200.00 $2,200.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 $1.70 $1,360,00 $2.07 $1,656.00 $3.00 $2,400,00 $2.60 $2,080.00 25 INLET PROTECTION EA 2 $75,00 $150.00 $310.00 $620.00 $275.00 $550.00 $350.00 $700.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,200.00 $2,200.00 $750.00 $750.DC 27 BONDED FIBER MATRIX SY 5800 $1.00 $5,800.00 $1.16 $6,728.00 $1.85 510,730.00 $1.00 S5,800.0C 28 SEED MIXTURE 100 AC 1.2 $700.00 $840.00 $657.00 $788.40 $550.00 $660.00 $250.00 $300.0( 29 SELECT TOP SOIL BORROW (LV) CY 600 $15.00 $9,000.00 $12.00 $7,200,00 $12.75 $7,650.00 $12.50 $7,5000C TOTAL BASE BID $129,832.00 $139,122.25 $143,824.00 $143,866,00 Contractor Name and Address: Landwehr Construction Inc Park Construction Company Ramsey Excavating Company Inc Nord Excavating Inc 846 S 33rd St 23260 Main St 46 4060 Washington Ave N 15265 209th Ave NW PO Box 1086 Hampton MN 55031 Minneapolis MN 55412 Elk River MN 55330 St Cloud MN 56302 Phone: 320 - 252 -1494 651- 437 -2512 612. 529 -0077 763 -263 -0501 Fax 320. 252 -2380 651- 437 -4930 612-529 -0074 763 -263 -5969 Signed By: Michael Lohrman Verlyn Schoep Alan T, Ramsey Dale Nord Title: Vice President President /CEO President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 00003404161 OBT.xls BT -1 Bidder No. 5 Bidder No. 6 BID TABULATION Nadeau Excavating Inc Imperial Developers Inc Bidder No. 7 Bidder No. 8 County line Excavating LLC Rachel Contracting LLC Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $6,500,00 $6,500.00 $6,600.00 $6,600.00 $7,000.00 $7,000.00 $1,000.00 $1,000.00 2 CLEAR AND GRUB LS 1 $4,200.00 $4,200.00 $4,600.00 $4,600.00 $4,480.00 $4,480.00 $4,500.00 $4,500.00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 $3.00 $240.00 $6.00 $480.00 $2.50 $200.00 $3.00 $240.00 4 REMOVE SEWER PIPE (STORM) LF 117 $5.00 $585.00 $5.00 $585.00 $17.00 $1,989.00 $9.00 $1,053.00 5 REMOVE CONCRETE SIDEWALK SF 400 $2.00 $800.00 $0.65 $260.00 $1.00 $400.00 $1.50 $600.00 6 REMOVE BITUMINOUS PAVEMENT SY 60 $5.00 $300.00 $12.00 $720.00 $100 $120.00 $3.00 $180.00 7 REMOVE 36" CONCRETE APRON EA 1 $150.00 $150.00 $300.00 $300.00 $170.00 $170.00 $200.00 $200.00 8 SAWING BITUMINOUS PAVEMENT LF 55 $8.00 $440.00 $3.75 $206.25 $1.00 $55.00 $4.00 $220.00 9 COMMON EXCAVATION CY 5400 $14.00 $75,600.00 $13.14 $70,956.00 $13.85 $74,790.00 $17,50 $94,500.00 10 AGGREGATE BASE, CLASS 5 TN 25 $19.00 $475.00 $26.00 $650,00 $50.00 $1,250.00 $25.00 $625.00 11 TYPE LV4WEARING COURSE MIXTURE (B) TN 6 $275.00 $1,650.00 $185.00 $1,110.00 $300.00 $1,800.00 $190.00 $1,140.00 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 $250.00 $6,250.00 $170.00 $4,250.00 $250.00 $6,250.00 $170.00 $4,250.00 13 24" RC PIPE APRON EA 1 $400.00 $400.00 $1,493.00 $1,493.00 $800.00 $800.00 $1,400.00 $1,400.00 14 36" RC PIPE APRON EA 1 $700.00 5700.00 $2,249.00 $2,249.00 $1,300.00 $1,300.00 $2,200.00 $2,200.00 15 24" RC PIPE SEWER, CLASS III LF 55 $38.00 $2,090.00 $5235 $2,901.25 $53.00 $2,915.00 $40.00 52,200.00 16 36" RC PIPE SEWER, CLASS III LF 62 $65.00 $4,030.00 $81.50 $5,053.00 $91.00 $5,642.00 $70.00 $4,340.00 17 CONST. DRAINAGE STR., 4' DIAMETER MANHOLE EA 1 $1,800.00 $1,800.00 $3,298.00 $3,298.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 18 CONST. DRAINAGE STR., 5' DIAMETER MANHOLE EA 1 $2,500,00 $2,500.00 $4,718.00 $4,718.00 $3,800.00 $3,800.00 $4,000,00 $4,000.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 5800.00 $800.00 $1,200.00 $1,200.00 $960.00 $960,00 $500.00 $500.00 20 RANDOM RIPRAP CLASS III CY 61 $80.00 $4,880.00 $70.00 $4,270.00 $78.00 $4,758.00 $75.00 $4,575.00 21 4" CONCRETE SIDEWALK SF 400 $7.00 $2,800.00 $5.50 $2,200.00 $4.00 $1,600.00 $7.00 $2,800.00 22 B618 CONCRETE CURB AND GUTTER LF 80 $33.00 $2,640.00 $29.00 $2,320.00 $35.00 $2,800.00 $35,00 $2,800.00 23 TRAFFIC CONTROL LS 1 $1,500.00 $1,500.00 $1,490.00 $1,490.00 $4,400.00 $4,400.00 $1,000.00 $1,000.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 $1.75 $1,400.00 $2.95 $2,360.00 $Z.00 $1,600.00 $2.00 $1,600.00 25 INLET PROTECTION EA 2 $150.00 $300.00 5300.00 $600.00 $200.00 $400.00 5100.00 $200.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $1,200.00 $1,200.00 $2,200.00 $2,200.00 8500.00 $500.00 $1,278.00 $1,278.00 27 BONDED FIBER MATRIX SY 5800 $0.75 $4,350.00 $1.85 $10,730.00 $1.20 $6,960.00 $1.10 $6,380.00 28 SEED MIXTURE 100 AC 1.2 $275.00 $330.00 $550.00 $660.00 $740.00 $888.00 $800.00 $960.00 29 SELECT TOP SOIL BORROW (LV) CY 600 $26.00 $15,600.00 $12.00 $7,200.00 $15.00 $9,000.00 $4.00 $2,400.00 TOTAL BASE BID $144,510.00 $145,659,50 $149,627.00 $149,941.00 Contractor Name and Address: Nadeau Excavating Inc Imperial Developers Inc County Line Excavating LLC Rachel Contracting LLC 12175 240th St E 1771 Yankee Doodle Rd 5698 345th Ave 10900 90th Ave N #2 Hampton MN 55031 Eagan MN 55121 Foley MN 56329 Maple Grave MN 55369 Phone: (612) 701-2300 651- 454 -3330 320- 355 -2600 763 -424 -9955 Fax(651)437 -8639 651 -454 -3331 320- 355 -2606 763- 424 -9938 Signed By: Larry Johnson Jay D. Hembroff Travis Neyssen Matthew Coz Title: Estimator Chief Estimator President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 0000340416106T.xls BT -2 Bidder No. 9 Bidder No. 10 Bidder No. 11 Bidder No. 12 RID TABULATION Veit & Company Inc Sunram Construction Inc Frattalone Companies Inc Doboszenski & Sons Inc Item Num Item Units Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 BASE BID: MOBILIZATION LS 1 $15,600.00 $15,600.00 $2,950.00 $2,950.00 $7,500.00 $7,500.04 $5,760.40 $5,760.00 2 CLEAR AND GRUB LS 1 $4,660.00 $4,660.00 $6,400.00 $6,400.00 $5,000.00 $5,000,00 $4,525.00 $4,525.00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 $5.15 $412.00 $12.80 $1,024.00 $5.00 $400.00 $7,30 $584.00 4 REMOVE SEWER PIPE (STORM) LF 117 $12.65 $1,480.05 $1,05 $122.85 $10.00 $1,170.00 $10.00 $1,170.00 5 REMOVE CONCRETE SIDEWALK SF 400 $2,85 $1,140.00 $2.05 $820.00 $1.00 5400.00 $1.33 $532.00 6 REMOVE BITUMINOUS PAVEMENT SY 60 $7.00 $420.00 $3.40 $204.00 $6.00 $360.00 $14.20 $852.00 7 REMOVE 36 "CONCRETE APRON EA 1 $255.00 $255.00 $105.00 $105.00 $200.00 $200.00 $275.00 $275.00 8 SAWING BITUMINOUS PAVEMENT LF 55 $4.00 $220.00 $4.00 $220.00 $4.00 $220.00 $180 $209.00 9 COMMON EXCAVATION CY 5400 $12.75 $68,850.00 $1535 $85,050.00 $15.00 $81,000.00 $14.80 $79,920.00 10 AGGREGATE BASE, CLASS 5 TN 25 $60.65 $1,516.25 $29.40 $735.00 $25.00 $625.00 $34.31 $857.75 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6 $189,00 $1,134.00 $280.00 $1,680.00 $190.00 $1,140.00 $18100 $1,098.00 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 $172.00 $4,300.00 $260.00 $6,500.00 $175.00 $4,375.00 $167.00 $4,175.00 13 24" RC PIPE APRON EA 1 $1,420.00 $1,420.00 51,260.00 $1,260.00 $700.00 $700.00 $400.00 $400.00 14 36" RC PIPE APRON EA 1 $2,310.00 $2,310.00 $1,575.00 $1,575.00 $1,080.00 $1,080.00 $730.00 $730.00 15 24" RC PIPE SEWER, CLASS III LF 55 $49.80 $2,739.00 $38.85 $2,136.75 $63.00 $3,465.00 $67.50 $3,712.50 16 36" RC PIPE SEWER, CLASS III LF 62 $79.10 $4,904.20 $78.75 $4,882.50 $95.00 $5,890.00 $89.00 $5,518.00 17 CONST. DRAINAGE STR., 4' DIAMETER MANHOLE EA 1 $4,270.00 $4,270.00 $3,150.00 $3,150.00 $2,200.00 $2,200.00 $6,200.00 $6,200.00 18 CONST, DRAINAGE STR„ 5' DIAMETER MANHOLE EA 1 $5,533.00 55,53100 $4,200.00 $4,200.00 $3,300.00 $3,300.00 $6,970.00 $6,970.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 $705.00 $705.00 $525.00 $525.00 $100.00 $100.00 $450.00 $450.00 20 RANDOM RIPRAP CLASS III CY 61 $92.20 $5,624.20 $89.00 $5,429.00 $79.00 $4,819.00 $80.00 $4,880.00 21 4" CONCRETE SIDEWALK SF 400 $5.60 $2,240.00 $735 $2,940.00 $5.00 $2,000.00 $6.00 $2,400.00 22 6618 CONCRETE CURB AND GUTTER LF 80 $29.75 $2,380.00 $28.50 $2,280,00 $2735 $2,220.00 $27.00 $2,160.00 23 TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $2,775.00 $2,775.00 $1,000.00 $1,000.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 $1.55 $1,240.00 $2.50 $2,000.00 $1.65 $1,320.00 $2.65 $2,120,00 25 INLET PROTECTION EA 2 $120.00 $240.00 5250.00 $500.00 $405.00 $810.00 $325.00 $650.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $1,000.00 $1,000.00 $800.00 $800.00 $1,485.00 $1,485.00 $825.00 $825.00 27 BONDED FIBER MATRIX SY 5800 $1.00 $5,800.00 $039 $4,582.00 $1.10 $6,380.00 $0.81 $4,698.00 28 SEED MIXTURE 100 AC 1.2 $89.00 $106.80 $290.00 $348.00 $775.00 $930.00 $540.00 $648.00 29 SELECT TOP SOIL BORROW (LV) CY 600 $14.50 $8,700.00 $12.00 $7,200.00 $16.25 $9,750.00 $18.00 $10,800.00 5150,199.50 $150,719.10 $151,614.00 $154,119.25 TOTAL BASE BID Contractor Name and Address: Veit & Company Inc Sunram Construction Inc Frattalone Companies Inc Doboszenski & Sons Inc 14000 Veit Place 20010 75th Ave N 3205 Spruce St 9520 Cty Rd 19 Rogers MN 55374 Corcoran MN 55340 St Paul MN 55117 Loretto MN 55357 Phone: 763 -428 -2242 763 - 420 -2140 651- 484 -0448 763 - 478 -6945 Fax 763 - 428 -8348 763.494 -3951 651. 484 -7839 763 - 478 -3186 Signed By: Greg Boelke Lee W. Sunram Nick Frattalone Douglas A. Doboszenski Title: President President CFO President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledqed: None None None None 0000340416106T.xls BT -3 BID TABULATION Bidder No. 13 Peterson Companies Inc Bidder No. 14 Bidder No. 15 Stocker Excavating Inc Northwest Asphalt Inc Bidder No. 16 Nyen Excavating Inc Item um Item Units Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $10,00100 $10,000.00 $7,996.50 $7,996.50 $6,037.50 $6,037.50 $9,750.00 $9,750.00 2 CLEAR AND GRUB LS 1 $4,100.00 $4,100.00 $6,598.00 $6,598.00 $4,200.00 $4,200.00 $4,300.00 $4,300.00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 $6,00 $480,00 $3.00 $240,00 $1.58 $126.40 $7,50 $600.00 4 REMOVE SEWER PIPE (STORM) LF 117 $10.00 $1,170.00 $12.60 $1,474.20 $8.40 $982.80 $11.00 $1,287,00 5 REMOVE CONCRETE SIDEWALK SF 400 $0.50 $200.00 $0.30 $120.00 $0.21 $84.00 $2.00 $800.00 6 REMOVE BITUMINOUS PAVEMENT SY 60 $4.00 $240.00 $3.00 $180.00 $1.26 $75.60 $10.00 $600.00 7 REMOVE 36" CONCRETE APRON EA 1 $250.00 $250.00 $220.50 $220.50 $262.50 $262.50 $830.00 $830.00 8 SAWING BITUMINOUS PAVEMENT LF 55 $3.00 $165.00 $4.50 $247.50 $1.31 $72.05 $3.50 $192.50 9 COMMON EXCAVATION CY 5400 $16.10 $86,940.00 $18.00 $97,200.00 $18.39 $99,306.00 $16.10 $86,940.00 10 AGGREGATE BASE, CLASS 5 TN 25 $18.00 $450.00 $26.90 $672.50 $17.67 $441.75 $20.00 $500.00 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6 $120.00 $720.00 $293.20 $1,759.20 $131.00 $786.00 $250.00 $1,500.00 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 $115.00 $2,875.00 $270.30 $6,757.50 $126.00 $3,150.00 $250.00 $6,250.00 13 24" RC PIPE APRON EA 1 $475.00 $475.00 $2,582.30 $2,582.30 $966.00 $966.00 $2,200.00 $2,200.00 14 36" RC PIPE APRON EA 1 $830.00 $830.00 $3,38030 $3,380.30 $1,520.00 $1,520.00 $2,950.00 $2,950.00 15 24" RC PIPE SEWER, CLASS III LF 55 $47.47 $2,610.85 $43.70 $2,403.50 $45.15 $2,483.25 $95.00 $5,225.00 16 36" RC PIPE SEWER, CLASS III LF 62 $80.29 $4,977.98 $74.20 $4,600.40 $73.91 $4,582.42 $128.00 $7,936.00 17 CONST, DRAINAGE STR„ 4' DIAMETER MANHOLE EA 1 $2,800.00 $2,800.00 $3,085.70 $3,085.70 $3,212.00 $3,212.00 $3,000.00 $3,000.00 18 CONST, DRAINAGE STR„ 5' DIAMETER MANHOLE EA I $4,000.00 $4,000.00 $4,283.70 $4,28330 $4,691.00 $4,691.00 $3,500.00 $3,500.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 $750.00 $750.00 $1,102.40 $1,102.40 $700.00 $700.00 $1,500.00 $1,500.00 20 RANDOM RIPRAP CLASS III CY 61 $85.00 $5,185.00 $126.10 $7,692.10 $94.50 $5,764.50 $85.00 $5,185.00 21 4" CONCRETE SIDEWALK SF 400 $4.20 $1,680.00 $5.50 $2,200.00 $6.35 $2,540.00 $8.00 $3,200.00 22 B618 CONCRETE CURB AND GUTTER LF 80 $16.10 $1,288.00 $3230 $2,616.00 $28.09 $2,247.20 $28.00 $2,240,00 23 TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 $981.00 $981.00 $498.75 $498.75 $950.00 $950.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 $1.90 $1,520.00 $1.50 $1,200.00 $2.26 $1,808.00 $2.10 $1,680.00 25 INLET PROTECTION EA 2 $275.00 $550.00 $163.50 $327,00 $498.75 $997.50 $300.00 $600.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $2,000.00 $2,000.00 $1,575.00 $1,575.00 $740.25 $740.25 $975.00 $975.00 27 BONDED FIBER MATRIX SY 5800 $110 $6,380,00 $0.97 $5,626.00 $0.77 $4,466.00 $1.25 $7,250.00 28 SEED MIXTURE 100 AC 1.2 $2,000.00 $2,400.00 $87.20 $104.64 $813.75 $976.50 $1,000.00 $1,200.00 29 SELECT TOP SOIL BORROW (LV) CY 600 $14.00 $8,400.0 $110 $66 0.00 $25.20 $15,120.00 $20.00 $12,000.00 TOTAL BASE BID $154,436.83 $167,885.94 $168,837.97 $175,140.50 Contractor Name and Address: Peterson Companies Inc Stocker Excavating Inc Northwest Asphalt Inc Nyen Excavating Inc 8326 Wyoming Trl 12336 Boone Ave 1451 Stagecoach Rd 12775 Cty Rd 43 Chisago City MN 55013 Savage MN 55378 Shakopee MN 55379 Chaska MN 55318 Phone: 651- 257 -6864 952.890 -4241 952- 445 -1003 952- 448 -2824 Fax 651- 257 -3393 952- 890 -2753 952- 445 -1056 952- 448 -6632 Signed By: Jon Peterson Curtis Stocker Joseph Skowronski Paul Seiden Kranz Title: President V.P. Project Manager Project Manager Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 00003404161 OBT.xis BT -4 Item Num BID TABULATION Item Units Bidder No. 17 Forest Lake Contracting Inc Qty Unit Price Total Bidder No. 18 G L Contracting Inc Unit Price Total Bidder No, 19 Wruck Excavating Inc Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $8,000.00 $8,000.00 $2,903.00 $2,903.00 $10,270.40 $10,270.40 2 CLEAR AND GRUB LS 1 $8,000.00 $8,000.00 $4,937.00 $4,937.00 $4,500.00 $4,500.00 3 REMOVE CONCRETE CURB AND GUTTER LF 80 $4.00 $320.00 $23.40 $1,872.00 $8.00 $640.00 4 REMOVE SEWER PIPE (STORM) 1.F 117 $12.00 $1,404.00 $16.20 $1,895.40 $14.00 $1,638.00 5 REMOVE CONCRETE SIDEWALK SF 400 $2.00 $800.00 $6.00 $2,400.00 $2.00 $800.00 6 REMOVE BITUMINOUS PAVEMENT SY 60 $10.00 $600.00 $7.50 $450.00 $2.00 $120.00 7 REMOVE 36" CONCRETE APRON EA 1 $600.00 $600.00 $272.90 $272.90 $1,000.00 $1,000.00 8 SAWING BITUMINOUS PAVEMENT LF 55 $5.00 $275.00 $9.20 $506.00 $9.00 $495.00 9 COMMON EXCAVATION CY 5400 $20.00 $108,000.00 $22.40 $120,960.00 $26.00 $140,400.00 10 AGGREGATE BASE, CLASS 5 TN 25 $30.00 $750.00 $27.00 $675.00 $35.00 $875.00 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6 $250.00 $1,500.00 $187.30 $1,123.80 $125.00 $750.00 12 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 25 $170.00 $4,250.00 $170.80 $4,270.00 $130.00 $3,250.00 13 24" RC PIPE APRON EA 1 $1,400.00 $1,400.00 $1,403.00 $1,40100 $750.00 $750.00 14 36" RC PIPE APRON EA 1 $2,200.00 $2,200.00 $2,228.50 $2,228.50 $1,000.00 $1,000.00 15 24" RC PIPE SEWER, CLASS III LF 55 $50.00 $2,750.00 $43.00 $2,365.00 $50.00 $2,750.00 16 36" RC PIPE SEWER, CLASS Ili LF 62 585.00 $5,270.00 $76.70 $4,755.40 $75.00 $4,650.00 17 CONST. DRAINAGE STR., 4' DIAMETER MANHOLE EA 1 $4,500.00 $4,500.00 $5,293.70 $5,293.70 $2,500.00 $2,500.00 18 CONST. DRAINAGE STR., 5' DIAMETER MANHOLE EA 1 $5,500.00 $5,500.00 $7,34930 $7,34930 $2,950.00 $2,950.00 19 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 1 $500.00 $500.00 $387.10 $387.10 $1,000.00 $1,000.00 20 RANDOM RIPRAP CLASS III CY 61 $60.00 $3,660.00 $127.50 $7,777.50 $100.00 $6,100.00 21 4" CONCRETE SIDEWALK SF 400 $6.00 $2,400.00 $7.80 $3,120.00 $7.00 $2,800.00 22 8618 CONCRETE CURB AND GUTTER LF 80 $30.00 $2,400.00 $34.20 $2,736.00 $30.00 $2,400.00 23 TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 $991.80 $991.80 $2,000.00 $2,000.00 24 SILT FENCE, TYPE MACHINE SLICED LF 800 $1.00 $800.00 $2.30 $1,840.00 $2.00 $1,600.00 25 INLET PROTECTION EA 2 $50.00 $100.00 $336.10 $672.20 $150.00 $300.00 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $500.00 $500.00 $1,343.60 $1,343.60 $1,000.00 $1,000.00 27 BONDED FIBER MATRIX SY 5800 $1.00 $5,800.00 $1.30 $7,540.00 $0.90 $5,220.00 28 SEED MIXTURE 100 AC 1.2 $80.00 $96.00 $71630 $859.56 $600.00 $720.00 29 SELECT TOP SOIL BORROW (LV) CY 600 $5.00 $3,000.00 $13.20 $7,920.00 $17.00 $10,200.00 TOTAL BASE BID $176,375.00 $200,847.76 $212,678,40 Contractor Name and Address: Forest Lake Contracting Inc G L Contracting Inc Wruck Excavating Inc 14777 Lake Or 4300 Willow Dr 15096 102nd St SE Forest Lake MN 55025 Medina MN 55340 Becker MN 55308 Phone: 651 - 464 -4500 763 - 478 -9529 763 - 262 -0871 Fax 651 - 464 -4722 763- 404 -2350 763. 262 -0171 Signed By: Robert D. Vollhaber Tim Swanson Tony Wruk Title: Vice President President President Bid Security: Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None 00003404161 OBT.xls BT -5 Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail lawCjaspattorneys.com LESLIE A. ANDERSON Writer's Direct Dial No.: (763) 201-0211 e-mail sas@jaspattorneys.com TUCKER J. HUMMEL GORDON L. JENSEN' JEANNE E. LARSON MELANIE P. PERSELLIN'' November 24, 2008 STEPHEN M. MNGQUIST' STEVEN A. SONDRALL Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 5700 Winnetka Pond Improvements (Wincrest Pond) Improvement Project No. 791 Our File No. 99 -10030 Dear Val: Enclosed please find four copies of the contract, performance and payment bonds and the insurance certificate for the referenced project. All of the documents are in order from a legal standpoint. Please note the Performance and Payment Bonds are for a one year period only. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson Jason Quisberg 'Real Property Law Specialist Certified By The Minnesota State Bar Association ' in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 P: \Auorney',SASA Client Files,2 City of New Hope \99 -10030 (Public Works general) \Leone Itr 2008 5700 Winnetka pond improvements.doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651 - 636 -1311 www.bonestroo.com November 11, 2008 Mr. Michael Lohrman Landwehr Construction, Inc. 846 South 33r Street St, Cloud, MN 56302 Re: City of New Hope, Minnesota 5700 Winnetka Pond Improvements (Wincrest Pond) Project City Project No. 791 Project No, 000034 - 04161 -0 Contract Documents Dear Mr. Lohrman: a t Enclosed are four Contract Documents between you and the City of New Hope covering the above- referenced Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance Bond, and Document 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: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443 -1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies Landwehr Construction, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Jason Quisberg 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. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Page 2 5700 Winnetko Pond Improvements (W7ncrest Pond) Project November 7 7, 2008 Sincerely, BONESTR00 Jason P. Quisberg, P.E, Enclosures; Four Contract Documents cc; Valerie Leone, City of New Hope Steven Sondrall, City Attorney December 1, 2008 Mr. Michael Lohrman Landwehr Construction, Inc. 846 South 33rd Street St. Cloud, MN 56302 SUBJECT: Wincrest Regional Pond (Improvement Project No. 791) Enclosed are two fully executed copies of the contract documents f ��S�Hop o your bonding One copy is for your records and the second copy should company. This contract was awarded by the New Hope City County "Withholding AffidavitOfor Contras ors" Enclosed is return of your bid bond. Also enclosed is a the IC -134 form). We cannot make final payment to co r officoesMirtnesota Statute 97)y T Minnesota Department of Revenue and submitted to ou form contains instructions for completion. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Jason Quisberg, City Engineer (Project No. 000034 - 04161 -0 ) Steve Sondrall, City Attorney (File No. 99- 10030) Guy Johnson, Director of Public Works IT Oi NEW HOPE lon Avenue North ® New Hope, Minnesota 5 4288 -4898 4 w 763 592 -677 op TDD 763 - 531 -5109 4401 763 - - e<s�Ci ncy R a eToljce (raon bli e ) � _ Uc ] r ks c r K'Pc. t: 6 J,�i .�- r.� `} j1 - 5 . 1 v �� r.- rJ "� 3'79�� E . /63-5, COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 10, 2007 Consent Item No. By: Guy Johnson By: 6.4 Resolution approving the cooperative agreement for Wincrest Pond Improvements (improvement project No. 791) REQUESTED ACTION Staff is recommending that the Council pass a resolution approving a cooperative agreement for Wincrest Pond improvements between the Shingle Creek Water Management Commission (SCWMC) and the city of New Hope. The agreement is for construction and partial funding of improvements to the pond located north of the Wincrest Pond apartments. POLICY /PAST PRACTICE An improvement project for an existing pond at this location is part of the city's 1996 surface water management plan. BACKGROUND Staff has recommended that the city improve and expand the storage capacity of an existing pond on the Wincrest apartment property. The work would be coordinated with improvements to the storm water collection system along Winnetka Avenue, west of the pond. Staff also recommended that the proposed project be added to the Shingle Creek Water Management Commission's (SCWMC) CIP. The new pond was approved to be included in SCWMC's CIP at the commission's August 9, 2007, meeting. FUNDING Funding would be through the Shingle Creek Water Management Commission's CIP and the city's storm water fund. MOTION SECOND BY ,r l BY I:RFA \Pubworks \2007 \791 CooperativeAgreementShingleCreek Rcquest for Action September 10, 2007 Page 2 ATTACHMENTS The cooperative agreement for Wincrest Pond improvements, a copy of attachment one (feasibility report), the resolution approving the agreement, and the engineer's memorandum are attached. City of New Hope Resolution No. 2007 -128 Resolution approving the Cooperative Agreement for Wincrest Pond improvements (improvement project no. 791) This Agreement is made as of this 10 day of September 2007, by and between the Shingle Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission"), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City"). WHEREAS, the Commission has adopted the Shingle Creek and West Mississippi Second Generation Watershed Management Plan as amended on September 8, 2005 and May 10, 2007 (the "Plan"), a watershed management plan within the meaning of Minn. Stat. §'103B.23 l; and. WHEREAS, the Plan includes a capital improvement program ("CIP") that lists a number of water quality project capital improvements; and REAS, the water quality projects identified in the CIP include the New Hope Wincrest Pond Improvements more fatly described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project"); and WBEREAS, the Plan specifies that projects in the CIP will be partially funded by a County tax levy under Minn. Stat. § 103B251; and .LEAS, on August 9, 2007, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City and that the Commission's share of the Project costs be certified to Hennepin County for payment in accordance with Minn. Stat. § 103B251; and ViMRFAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project, for collection and settlement in 2008; and the City is willing to construct the Project on the terms and conditions hereinafter set forth. 1 �'' • a i • :1 '' 1 i RAW 1 1' 3QV &11: 1 ' 0 SI 1 • ' �, 1. The Project will consist of improvements in the City as more fully described on Attachment One. 2. The City will design the Project and prepare plans and specifications for construction of the Project Plans and specifications are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on all liability policies required by the City of the contractor. The City will require that the contractor JAShin& C- &ACIPs\2007 Proi=ts\Wmacst Pondtoopaatiw avv=xmdoc defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat § 10313251 in the amount of Ninety Thousand Six Hundred and Twenty Five Dollars ($90,625). It is understood that tax settlement from the County is not expected to occur until 2008. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. Amounts received from the County, up to $90,625, less reimbursement to the Commission of such expenses are available for reimbursement to the City for costs incurred by the City in the design and construction of the Project Reimbursement to the City will be made on completion of the project, submittal of as- buiits, and verification that the phosphorus and sediment removal performance gains set forth in the feasibility report have been achieved to the best extent possible. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount received from the County, up to $90,625, for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by the City in excess of such reimbursement, including all costs incurred in excess of estimated project costs due to unforeseen conditions or any other cause, shall be borne by the City or secured by the City from other sources. 7. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 8. The City will secure all necessary local, state, or federal permits required for the construction of the Project 9. The project will be constructed on land owned or easements held by the City. 10. The City will have ownership of the pond and associated improvements, and will maintain them in good operating condition in perpetuity or until such time as they are replaced with like improvements. 11. The additional stormwater rate control and treatment capacity in this pond does not create any water quality or water quantity credits for future development or redevelopment in the subwatershed. 12. The City will defend, indemnify, protect and hold harmless the Commission and its agents, officers, and employees, from any claims arising out of the design, construction, or J:\Shmgk Q=k\CTs2007 Pmj=U \Vr=cA PaOkzopaative av cem &c 2 maintenance of the Project, including environmental claims. Nothing herein shall be deemed a waiver of the limitations of liability in Minnesota Statutes, Chapter 466. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. S HINGLE :: MANAGEM COND41 its CVar And by Its Secretary B M i y: Its 14ay And by. Its Manager Attest: LI City Cle J:lShingle Credc�M\2007 Pmjem%rmc rest P- d-Wcr- — ag- -Ot-d- FEASIBILITY REPORT 5700 Winnetka Avenue Pond Improvements City Project #791 City of New Hope, Minnesota June 2007 Project Number: 000034- 04161 -0 CITY OF NEW HOPE - S700 WINNETKA AVENUE POND IMPROVEMENTS Tabl of C Letter of Transmittal Table Vf Contents ......... . '-.------- --'---- ........................... ........ ... Introduction . ................................... . -- ............... '. ''^'''-............................................. '. . . 3 Recommendations ...................... ... ......................... . .. ................. ........................ '- ..... 4 Feasibility� Necessity, and Cost Effectiveness .................... ..... .'.-.................. ....................... ........ .4 Easements .. -.---------' ..—``--'---' --~-~-'-`-''5 Proposed .................. ---,--.-................... . ............................................ ... 5 Project Benefits .,.. ....... ........ - `'^`--~--''' -'^ ~----'-6 Cost Summary . - ............................ '. .' ............................... ' .......... ....... .................. 7 Assessments.............. ................... '- -- ................ . ... ^. . .............. .......... ........... .-. .7 Revenues and Expenses ................. .. .. ............... ... ....... . ............... .O Project Schedule ...... ........ ................ .. ... - ............................ ''.'._ ....................... ................ 9 LIST OFAPPEND ^ Appendix A - pigmes RguneI - PnojedLocatiou Figure 3 - Proposed Improvements Watershed Area Map AppgndixB - [ostEstimate rtrr et: PiPW RaPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Recommendations It is recommended that: • The feasibility report be review by City Council and Staff. • Pond improvements be constructed in accordance with the City's Surface Water Management Plan. • The pond area be restored such that an aesthetic improvement results from the project • Storm sewer improvements be constructed as required for proper drainage and capacity. • The report be presented to the Shingle Creek Watershed at the June 7, 2007 TAC meeting for consideration in the 2008 C1P. • The property owner be contacted and easements be discussed. • If chosen to move forward, prepare plans and specifications and receive bids for the project. • Construct proposed improvements Winter 200819. • Benefiting properties not be assessed which is in accordance with the current City policy. Feasibility, Necessity, and Cost Effectiveness This project is feasible from an engineering standpoint and is in accordance with New Hopes Surface Water Management Plan. The project, as outlined herein, can be completed with one general contractor and one contract. This project is necessary to improve water treatment, benefiting water quality in the area In addition, new storm sewer will eliminate the need for the City's reliance of an aged section of storm sewer existing on private property. The project is cost effective based on existing conditions and construction standards proposed to construct the improvements. in the event the improvements are not constructed, on -going and escalating maintenance costs will be incurred by the City. City of New Hope Project No: 000034-04161-0 Feasibility Report Bonestmo Pa 4 CITY OF NEW HOPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Project Benefits The purpose of the pond improvements is to increase both the water quality treatment volume and flood storage volume of the existing pond at 5700 Winnetka Avenue. These improvements will expand the existing pond to maximize the available ponding area, bounded by residential properties to the north and south and Winnetka and Sumter Avenues to the west and east. Expanding the existing pond will provide both water quality and quantity benefits. Water Quality Benefit The existing pond at 5700 Winnetka Avenue is the third pond in a series of existing ponds providing water quality treatment to the upstream 117 acre watershed area (See Watershed Area Map in Appendix A). The proposed pond expansion will include expanding the overall pond wet volume and splitting the existing pond into two cells, to increase the stormwater treatment efficiency of the pond. The redesigned 2 -cell pond will also eliminate the 250 -foot stretch of overland flow west of the pond that is prone to erosion. The pond improvements will increase the Total Phosphorus (TP) removal efficiency of the pond at 5700 Winnetka Avenue by roughly 6 %, generating an overall TP removal efficiency for this series of ponds of 56% The increased efficiency in removing Total Suspended Solids (TSS) is similar to that of TP, generating an overall TSS removal efficiency of 87 %. With no changes in the upstream watershed being proposed as part of this project, the 5700 Winnetka Avenue pond improvements will reduce the overall pollutant loads (sediment, total phosphorus, etc.) routed to Upper Twin lake, following the guidance within the Twin and Ryan Lakes Nutrient TM ©L. Water Quantity Benefit The proposed 5700 Winnetka Avenue pond improvements are consistent with the City's SWMP identifying a future increase in flood storage volume within the existing pond to reduce discharge rates into the City of Crystal. The additional flood storage being proposed will reduce the frequency of overtopping the pond's emergency overflow (EOF). The existing pond begins to overtop the EOF at roughly a 10 -year rainfall event, while the proposed pond improvements decreases this frequency of overtopping to roughly a 25 -year event by providing additional flood storage and raising the EOF elevation. City of New Hope Project No: 000034 - 04161-0 Feasibility Report Bonestmo Page 6 ow CITY OF NEW HOPE — 5700 WINNETKA AVENUE POND IMPROVEMENTS Revenues and Expenses The proposed 5700 Winnetka Avenue Porid Improvements Project is included in the City of New Hope CIP as it appears in the 1996 Surface Water Management Plan. All work associated with this project directly results from improvements to the storm sewer system. Therefore, 100% of the project costs would be funded by the Storm Water Fund. If accepted into the Shingle Creek Watershed CIP, funding assistance would be available through the Shingle Creek Watershed Management Commission ( SCWMC). The total estimated share that would be provided by the Commission is $72,500. The table below summarizes the funding sources for the project costs with and without assistance from the Watershed Commission. REVENUE SOURCES —WITH WATERSHED CIP FUNDING Source lmprovement �, Pond Improvements Contamination Costs Permanent Easement Costs Temporary Easement Costs Storm Sewer City of Hope Feasibility Report Storm SCWMC Total Water Fund $100,500 $33,500 $134,000 $51,150 $17,050 1 $68,200 TBD TBD I TO $4,950 $1,650 $6,600 $117,000 $39,000 1 $156,000 Ir Notes: • All costs include construction costs +25% indirect costs • Contamination costs include costs associated with contamination testing, clean -up, or studies. Amounts will increase by permanent easement costs when determined. Project No: 000034 - 04161-0 BOnestmo Page 8 CITY OF NEW HOPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Appendix A FIGUM FIGURE 1 — PROJECT LOCATION FIGURE 2 — PROPOSED IMPROVEMENTS WATERSHED AREA MAP City of New Hope A. Project No: UD0034- D4161-0 Feasibility Report jw Bonestmo Appendix A 58th AVENUE N mLida Lo fly fII V i (3, %-o rl Z z w > Z z EA I IH F -- I NEW STORM SEWER O:L: 11 91 ,131 � /r .r , � WINCREST IMPROVED DRIVEWAY 1 i SLOPE " ar sTINQ 7 ER,1C J � JT-P STORM t �[� S IC - ALJ iu ' F N L ca cz WINNETKA TOWNHOMES u o so too II smw kv f"t �' G PROPOSED IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 2 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161F01.DWG DATE: MAY 2007 COMM-34-04-161 C- [ Zp w D — Z w > X U.1 :D V) CITY OF NEW HOPE - $700 WINNETKA AVENUE POND IMPROVEMENTS je Me ! COST ESTIMATE City of New Hope Project No: 000034 -N I61-0 Fcasi6ility Repod 8onest o Appendix B No. Item Units Qty EE Unit Price EE Total Price 20 CONNECT EXISTING PIPE TO EA I $1,000.00 $1,000.0( $750.00 STRUCTURE $0.00 1 $1,000.00 0 21 24" RCP FLARED END SECTION EA 1 $750.00 $750.01 22 36" RCP FLARED END SECTION EA .1 $1,000.00 $1,000.0( 23 AGGREGATE BASE, CLASS 5 TN 200 $17.00 $3,400.0( 24 B618 CONCRETE CURB AND LF 575 $16.00 $9,200.0( $0.00 GUTTER $0.0 1 $18,000.00 25 4" CONCRETE SIDEWALK SF 3000 $4.00 $12,000.0( 26 TYPE LV 3 NON WEARING TN 240 $45,00 $I0,800.0( $0100 COURSE MIXTURE (B) $2,100.00 1 0 $0.00 1 27 TYPE LV 4 WEARING COURSE TN 90 $50.00 $4,500.0( $0.00 MIXTURE (B) $60,000.00 1 50.00 28 SODDING, LAWN TYPE WITH SY 2600 $7.50 319,500.0( 4" OF TOPSOIL 29 POND LS 1 $18,000.00 $18,000.0( RES TO RAT I ON/I: AN DS CA P ING CONSTRUCTION SUBTOTAL $231,400.Ot INDIRECT COSTS (25 %) $57,850.01 SUBTOTAL 3290,000.01 PHASE I ENVIRONMENTAL LS 1 $2,100.00 $2,I00.01 SOIL & GROUNDWATER LS 1 $4,200.00 $4,200.01 DEVELOPMENT RESPONSE LS I $1,900.00 $1,900.01 POTENTIAL CONTAMINATION LS 1 $60,000.00 $60,000.01 CONTAMINATION SUBTOTAL 368,200.01 EASEMENT ACQUISITION EASEMENT ACQUISTION COSTS ? ? ?' COST ESTIMATE OpD0340 -t 161 -0 2 Storm Pond /Restorat Qty Total Price Qty Total Price 1 $1,000.00 0 $0.00 1 $750.00 0 $0.00 1 $1,000.00 0 $0.00 200 $3,400.00 0 $0.00 575 $9,200.00 0 $0.00 3000 $12,000-00 0 $0.00 240 $10,800.00 0 $0,00 90 $4,500.00 0 $0.00 2600 $19,500.00 0 $0.00 0 $0.0 1 $18,000.00 $124,600.00 $106,800.00 $31,150.00 $26,700.00 $156,000.00 3134,000.00 0 $0100 1 $2,100.00 1 0 $0.00 1 $4,200.00 I 0 $0.00 1 $1,900.00 1 0 $0.00 1 $60,000.00 1 50.00 $68,200.00 $0.00 ? ? ?? COST ESTIMATE OpD0340 -t 161 -0 2 . . . ^ . | | | | � | WIwwsTxA Avcwuc wonT* � � � � ---------- ------------- ----------- ---------f--- ---- � 63+00 64+00 65+00 - +1:6 6 0 0 Cb ------------- Ii Lo do TER AVENUE N Ee ` NEW HOPE MINNESOTA St 5700 �ww�x AVENUE pnwo IMPROVEMENTS loffice - ';I% |—^�° ��"�o�-p^�� |��%�� CITY PROJECT No. 791 S.A.P. No. 182-109-04 Fa.: 651-636-13 1 0 23170 August 29, 2007 Mr. Kirk McDonald Interim City Manager City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 re e k Watershed Management Commission 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553 -1144 • Fax (763) 553 -9326 www,shinglecreek.org Re: Wincrest Pond Improvement Project Dear Mr. McDonald: At its August 9, 2007 meeting, the Shingle Creek Watershed Management Commission approved the Wincrest Pond Improvement Project for funding as part of its Second Generation Watershed Management Plan Capital Improvement Program. A copy of Resolution 2007 -06 approving the project and designating the City of New Hope as the member city to construct the project is attached, together with two copies of an agreement for reimbursement, which was also approved by the Commission. Upon execution, please return one copy of the agreement to the Commission at the address above. If you have any questions about the agreement, please contact the Commission's legal counsel, Charles LeFevere, at 612 - 337 -9215. Thank you for your cooperation in this project. Very truly yours, Judie A. Anderson Administrator JAA:tim Cc wlencls: Diane Stauner, Shingle Creek Commissioner Vince VanderTop, Bonestroo & Associates Ed Matthiesen, Wenck Associates Charles LeFevere, Kennedy & Graven Encls: Resolution 2007 -06 Cooperative Agreement for Wincrest Pond Improvement Project Attachment One: Feasibility Report JAShingle Creek \CIPs\2007 ProjectsMincrest Pon&L_City_Transmitting Agmt.doc Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale September 13, 2007 Ms. Judie A. Anderson Shingle Creek Watershed Management Commission 3235 Fernbrook Lane N. Plymouth, MN 55447 Dear Judie: Enclosed is a fully executed agreement related to funding for the Wincrest Pond in New Hope. This agreement was approved by the New Hope City Council at its meeting of September 10, 2007. Questions regarding the project should be directed to Guy Johnson, director of public works, at 763- 592 -6766. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Public Works Director Vince VanderTop, City Engineer Diane Stauner, Watershed Representative NO 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 * www. ci.new - hope.mn.us City Hall: 763- 531 -5100 9 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 This Agreement is made as of this 10 day of September 2007, by and between the Shingle Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission "), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City "). WITNESSETH: WHEREAS, the Commission has adopted the Shingle Creek and West Mississippi Second Generation Watershed Management Plan as amended on September 8, 2005 and May 10, 2007 (the "Plan"), a watershed management plan within the meaning of Minn. Stat. § 10313.231; and WHEREAS, the Plan includes a capital improvement program ( "CIP ") that lists a number of water quality project capital improvements; and WHEREAS, the water quality projects identified in the CIP include the New Hope Wincrest Pond Improvements more fully described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project"); and WHEREAS, the Plan specifies that projects in the CIP will be partially funded by a County tax levy under Minn. Stat. § 10313.251; and WHEREAS, on August 9, 2007, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City and that the Commission's share of the Project costs be certified to Hennepin County for payment in accordance with Minn. Stat. § 10313.251; and WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project, for collection and settlement in 2008; and forth. WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. The Project will consist of improvements in the City as more fully described on Attachment One. 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on all liability policies required by the City of the contractor. The City will require that the contractor JAShingle Creek \CIPs\2007 Projects \Wincrest Pond \cooperative agreement.doc defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat. § 10313.251 in the amount of Ninety Thousand Six Hundred and Twenty Five Dollars ($90,625): It is understood that tax settlement from the County is not expected to occur until 2008. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. Amounts received from the County, up to $90,625, less reimbursement to the Commission of such expenses are available for reimbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made on completion of the project, submittal of as- builts, and verification that the phosphorus and sediment removal performance gains set forth in the feasibility report have been achieved to the best extent possible. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount received from the County, up to $90,625, for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by the City in excess of such reimbursement, including all costs incurred in excess of estimated project costs due to unforeseen conditions or any other cause, shall be borne by the City or secured by the City from other sources. 7. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. The City will secure all necessary local, state, or federal permits required for the construction of the Project. 9. The project will be constructed on land owned or easements held by the City. 10. The City will have ownership of the pond and associated improvements, and will maintain them in good operating condition in perpetuity or until such time as they are replaced with like improvements. 11. The additional stormwater rate control and treatment capacity in this pond does not create any water quality or water quantity credits for future development or redevelopment in the subwatershed. 12. The City will defend, indemnify, protect and hold harmless the Commission and its agents, officers, and employees, from any claims arising out of the design, construction, or J: \Shingle Creek \CIN Projects \Wincrest Pondd',cooperative agreement.doc 2 maintenance of the Project, including environmental claims. Nothing herein shall be deemed a waiver of the limitations of liability in Minnesota Statutes, Chapter 466. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. And by: e4u�' 41-IL M ` 1 '0 Its Secretary 11, ►1 • e C s J "Shingle Creek \CIPs\2007 Projec&,Wincrest Pond \cooperative agreement.doc Its Manager a IV ml FEASIBILITY REPORT 5700 Winnetka Avenue Pond Improvements City Project #791 City of New Hope, Minnesota June 2007 Project Number: 000034 - 04161 -0 * eonestroo June 6, 2007 Honorable Mayor and Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 5700 Winnetka Avenue Pond Improvements Client Project No: 791 Bonestroo File No : 000034 - 04161 -0 Dear Mayor & Council Members, 2335 Highway 36 W St Paul, MN 55113 Tel 651. 636 -4600 Fax 651- 636 -1311 www bonestroo com *Bonestroo Enclosed is our report for the 5700 Winnetka Avenue Pond improvements project, This work includes the installation of storm sewer along Winnetka Avenue and improvements to the existing pond on the Wincrest Apartments property Proposed improvements are presented in the report along with costs estimates for the work. We recommend this report be presented to the Shingle Creek Watershed Commission at the June P TAC meeting and at the June i I" Council meeting. We will be pleased to further discuss the contents of the report with Council and other interested parties at a mutually convenient time Sincerely, BONESTROO Vincent T Vander Top, P E. Jason P. Quisberg, P.E I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jason P Quisberg, P.E Date: June 6. 2007 Reg. No 44315 CITY OF NEW HOPE - $700 WINNETKA AVENUE POND IMPROVEMENTS Table of Contents Letter of Transmittal Table of Contents .......... 2 Introduction. ........ ..— .......................... _......... Recommendations—...... ......... ...................... ..............................4 Feasibility, Necessity, and Cost Effectiveness ... ........... I .... ..... .... ,.:......._........ ............. ................... . 4 Easements .. ... , .................. :...... .................5 ProposedScope ... .... ........ ........ ........:.. — .............................. ..::..,............... ,... .... ....... .,......... ..... 5 ProjectBenefits ...._ ........................ ... ..— ................ ......:......_...: , ................._....... 6 CostSummary .... _.... ................ ......., ......... ..... ....... .. ...... .. ..........................7 Assessments. ............................... ............. ...................:.:.....:...... .......... ............. — ....... 7 Revenues and Expenses ................... ...:. .......................... ... ....... _ ... ,:. .8 ProjectSchedule ... .... ................ ....:,........ ..............................9 LIST OF APPENDICES Appendix — Figures Figure i Project Location Figure 2 — Proposed Improvements Watershed Area Map Appendix B — Cost Estimate CITY OF NEW HOPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Introduction improvements to the existing pond and storm sewer system located at 5700 Winnetka Avenue are being considered. Proposed improvements include additional excavation within the area of the existing pond and the installation of new storm sewer. These improvements are in accordance with the City's adopted Surface Water Management Plan and Comprehensive Plan. See Figure t for project location and Figure 2 for proposed improvements, both can be found in Appendix A. Proposed pond improvements include clearing diseased and other trees in the vicinity and re- grading the area Excavations would increase the pond's effectiveness regarding water quality as well as water quantity. Restoration of the area could include new plantings and native seeding to improve there area aesthetically as well. Contaminated soil exists on the property of the existing pond. Soil testing has been completed and contamination levels and extents have been documented. Braun Intertec has prepared a response action plan for the proposed work detailing how any contaminated soil encountered would be treated. The MPCA has reviewed approved the plan. Currently, a section of the City owned storm sewer exists on private property at this location. Installation of new storm sewer along Winnetka Avenue would eliminate the need for this section of sewer. This would improve reliability of the system while increasing the capacity of this section. More specifically, facilitate drainage issues existing within the golf course and at St. Theresa's Nursing Home. City or New Hope Project No: 000034 - 04161 -0 Feasibility Report OV Bonestroo Page 3 CITY OF NEW HOPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Recommendations It is recommended that: • The feasibility report be review by City Council and Staff. • Pond improvements be constructed in accordance with the City's Surface Water Management Plan. • The pond area be restored such that an aesthetic improvement results from the project • Storm sewer improvements be constructed as required for proper drainage and capacity. The report be presented to the Shingle Creek Watershed at the June 7, 2007 TAC meeting for consideration in the 2008 CIP- • The property owner be contacted and easements be discussed. • If chosen to move forward, prepare plans and specifications and receive bids for the project. • Construct proposed improvements Winter 200819. • Benefiting properties not be assessed which is in accordance with the current City policy. Feasibility, Necessity, and Cost Effectiveness This project is feasible from an engineering standpoint and is in accordance with New Hope's Surface Water Management Plan. The project, as outlined herein, can be completed with one general contractor and one contract. This project is necessary to improve water treatment, benefiting water quality in the area in addition, new storm sewer will eliminate the need for the City's reliance of an aged section of storm sewer existing on private property- The project is cost effective based on existing conditions and construction standards proposed to construct the improvements. In the event the improvements are not constructed, on -going and escalating maintenance costs will be incurred by the City. City of New Hope Project No: 000034 -04161-0 reasin,r;ty Reports Bonestroo Page 4 CITY OF NEW HOPE — 5700 WINNETKA AVENUE POND IMPROVEMENTS Easements Preliminary investigation indicates a pond easement exists over the area of the property in which the pond lies. Documentation has been retrieved and the location of this easement in relation to the existing pond has been verified. Minor grading and turf disturbance may occur beyond the limits of the existing easement. Therefore, a temporary construction easement should be obtained prior to construction. The temporary easement area required is approximately 6,600 square feet. Because no permanent infrastructure will be placed nor will future access be required outside the existing easement area, no additional permanent easement should be required. Construction of the proposed the storm sewer eliminates the City's need for the existing storm sewer on the Wincrest Apartments property, This section of sewer will become private, benefiting the property owner only. Therefore, any existing City easement for the sewer can be abandoned. " $ `! !!' The following work is proposed as part of the 5700 Winnetka Avenue Pond Improvements project: • Pond Improvements o In accordance with the City's Surface Water Management Plan o Grading and excavation to increase pond volume, benefiting water quality and quantity • Storm Sewer Construction o Route flows from south to pond via Winnetka Avenue corridor o Convey flows generated in Winnetka Townhomes development to pond • Restoration o Remove diseased and nuisance trees from area o Plant native seed, trees and shrubs in pond area to improve aesthetics o Restore all disturbed areas City or New Hope Project No: 000034 -04161-0 Feasibility Report + ." Bonestroo Page 5 CITY OF NEW NAPE — 5700 WINNETKA AVENUE POND IM PROVEMENTS Project Benefits The purpose of the pond improvements is to increase both the water quality treatment volume and flood storage volume of the existing pond at 5700 Winnetka Avenue. These improvements will expand the existing pond to maximize the available ponding area, bounded by residential properties to the north and south and Winnetka and Sumter Avenues to the west and east. Expanding the existing pond will provide both water quality and quantity benefits. Water Quality Benefit The existing pond at 5700 Winnetka Avenue is the third pond in a series of existing ponds providing water quality treatment to the upstream 117 acre watershed area (See Watershed Area Map in Appendix A). The proposed pond expansion will include expanding the overall pond wet volume and splitting the existing pond into two cells, to increase the stormwater treatment efficiency of the pond. The redesigned 2 -cell pond will also eliminate the 250 -foot stretch of overland flow west of the pond that is prone to erosion. The pond improvements will increase the Total Phosphorus (TP) removal efficiency of the pond at 5700 Winnetka Avenue by roughly 6 %, generating an overall TP removal efficiency for this series of ponds of 56% The increased efficiency in removing Total Suspended Solids (TSS) is similar to that of TP, generating an overall TSS removal efficiency of 87 %. With no changes in the upstream watershed being proposed as part of this project, the 5700 Winnetka Avenue pond improvements will reduce the overall pollutant loads (sediment, total phosphorus, etc,) routed to Upper Twin Lake, following the guidance within the Twin and Ryan lakes Nutrient TM©L. Water Quantity Benefit The proposed 5700 Winnetka Avenue pond improvements are consistent with the City's SWMP identifying a future increase in flood storage volume within the existing pond to reduce discharge rates into the City of Crystal. The additional flood storage being proposed will reduce the frequency of overtopping the pond's emergency overflow (EOF). The existing pond begins to overtop the EOF at roughly a 10 -year rainfall event, while the proposed pond improvements decreases this frequency of overtopping to roughly a 25 -year event by providing additional flood storage and raising the EOF elevation. City or New Hope Project No: 000034- 04I61-0 Feasibility Report . ` Bonestroo Page 6 CITY Of NEW HOPE - S700 WINNETKA AVENUE POND IMPROVEMENTS Cast Summary The following table shows a breakdown of the estimated costs associated with the project as proposed in this report. A more detailed cost estimate can be found in Appendix B Pond Improvements $106,800 Storm Sewer $124,60 0 Construction Total $231,400 25% Indirect Costs $57.850 Project Subtotal (rounded) $290,000 Potential Contamination Costs $68,200 Easement Acquisition Costs TBD Potential contamination costs would be added to the project costs as realized during construction. Estimated costs are based on discussions with Braun regarding anticipated contamination that may be encountered during construction and the required methods for containment and /or disposal. Easement acquisition costs have not been determined at this time. The property owner and City have yet to negotiate a price for any required easements. Assessments The City of New Hope policy does not include assessments against taxable properties to finance infrastructure improvement projects. No properties within the project area are non - taxable properties. Therefore, there will be no assessments levied due to the project as presented in this report. City otNcw Hope Project No. 00D034-04161 -0 Feasibility Report Bonestroo Page 7 CITY OF NEW HOPE — 5700 WINNETKA AVENUE POND IMPROVEMENTS Revenues and Expenses The proposed 5700 Winnetka Avenue Pond Improvements Project is included in the City of New Hope CIP as it appears in the 1996 Surface Water Management Plan. All work associated with this project directly results from improvements to the storm sewer system. Therefore, 100% of the project costs would be funded by the Storm Water Fund. If accepted into the Shingle Creek Watershed CIP, funding assistance would be available through the Shingle Creek Watershed Management Commission (SCWMC). The total estimated share that would be provided by the Commission is $72,500. The table below summarizes the funding sources for the project costs with and without assistance from the Watershed Commission. REVENUE SOURCES —WITH WATERSHED CIP FUNDING Source Storm Water Fund $100,500 $51,150 TBD $4,950 $117,000 $273,600 SCWMC I Total Notes: Improvement Contamination Costs Permanent Easement Costs Temporary Easement Costs Storm Sewer City of New Hope Feasibility Report $33,500 $134,000 • All costs include construction costs +25% indirect costs $17,050 $68,200 • Contamination costs include costs TBD TBD associated with contamination testing, clean -up, or studies. $1,650 $6,600 • Amounts will increase by permanent $39,000 $156,000 easement costs when determined. $91,200 j $364,800 Project No: 000034 -04161.0 +` :` Bonestroo Page 8 CITY OF NEW HOPE - 5700 WINNETKA AVENUE POND IMPROVEMENTS Project Schedule A recommended project schedule is as follows: Present Feasibility Report to Watershed Present Feasibility Report to Council Meet with Property Owner Regarding Easement & Soil Issues Authorize Preparation of Plans & Specifications Approve Plans & Specifications /Authorize Ad for Bids Construct Improvements Final Construction June 7, 2007 June 11, 2007 TBD TBD TBD Winter 200819 Spring 2009 City of New Hope As Project No: 000034 -04161 A Feasibility Report -VI Bonestroo Page 9 CITY OF NEW NOPE — 5700 WINNETRA AVENUE POND IMPROVEMENTS FIGURES FIGURE 1 — PROJECT LOCATION FIGURE 2 — PROPOSED IMPROVEMENTS WATERSHED AREA MAP City of New Hope Project No 000034-04161-0 Feasibility Report . Bonestroo Appendix A t o o u v X 0. n n_ f11 N n 0 N v N Vl 3 u O J l�. iD �t 0 c ca r CA a a r c v r v 0 v C'1 r 200 2400 et PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 Bonestroo 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161FLOC.DWG DATE: MAY 2007 COMM: 34 -04 -161 to I ry — y ---� 58th AVENUE N U EW POND GRARINq7 K ' A LD Lo Lij z ZI III k I Ij 0 NEW STORM SEWER WINCREST IMPROVED APARTMENTS DRIVEWAY SLOPE 0 YIQTI?jr f SEWER (TYPICAL) ms H' .7 j g co v WINNETKA TOWNHOMES u z LLJ n Z ry LAJ Lj 'n PROPOSED IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 2 Bonistroo 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161 F01.0WG DATE: MAY 2007 COMM: 34 -04 -161 T- 6 _4 0 NEW STORM SEWER WINCREST IMPROVED APARTMENTS DRIVEWAY SLOPE 0 YIQTI?jr f SEWER (TYPICAL) ms H' .7 j g co v WINNETKA TOWNHOMES u z LLJ n Z ry LAJ Lj 'n PROPOSED IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 2 Bonistroo 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161 F01.0WG DATE: MAY 2007 COMM: 34 -04 -161 jo '\ ., , - , r••••` ^L, / � � �_�'` ( ,. 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City of New Hope Assockoes Watershed Area Map 5700 Winnetka Avenue Pond improvements March, 2006 Legend Figure 1 400 0 400 Feet Q Contributing Watershed Boundary 1:W%34N1611Cad0SVrode!!n area.a CITY Of NEW HOPE — 5700 WINNETKA AVENUE POND IMPROVEMENTS CosT ESTIMATE City of New Hope Project Tao: 000034 -04161-0 Feasibility Report ` o `Bonestroo Appendix B ` COST ESTIMATE Oir 5700 WINNETKA AVENUE POND IMPROVEMENTS Bonestr 10 FILE #000034 - 04161 -0 NEW HOPE, MINNESOTA MAY 2007 Storm I Pond /Restoration No. Item Units Qty EE Unit Price EE Total Price I Qty Total Price I Qty Total Price I MOBILIZATION LS 1 $10,000.00 $10,000.00 0.6 $5,500.00 0.5 $4,500.1 2 TRAFFIC CONTROL. L -S 1 $3,500.00 $3,500.00 0.2 $70000 0.8 $2,800.1 3 CLEAR AND GRUB LS 1 $3,000.00 $3,000..00 0 $0.00 1 $3,000 4 REMOVE CONCRETE CURB LF 575 $4.00 $2,300,00 575 $2,300.00 0 $0! AND GUTTER 5 REMOVE BITUMINOUS SY 750 $4.00 $3,000..00 750 $3,000.00 0 $0 PAVEMENT 6 REMOVE BITUMINOUS SY I75 $100 $525.00 175 $525..00 0 $0• DRIVEWAY 7 REMOVE CONCRETE SF 3000 $1.00 $3,000..00 3000 $3,000.00 0 $0. SIDEWALK 8 REMOVE STORM SEWER PIPE LF 40 $10,00 $400.00 40 $400.00 0 $0. 9 REMOVE 36" FLARED END EA 1 $300.00 $300.00 1 $300.00 0 $0. SECTION 10 SAWING BITUMINOUS LF 650 $3.00 $1,950.00 650 $1,950.00 0 $0 PAVEMENT 11 SALVAGE AND REINSTALL• LF 575 $10.00 $5,750.00 40 $400.00 535 $5,350. SPLIT RAIL. FENCE 12 COMMON EXCAVATION CY 4300 $17.00 $73,100.00 0 $0..00 4300 $73,100. 13 12" RCP STORM SEWER LF 11 $30.00 $330.00 11 $330.00 0 $0. 14 24" RCP STORM SEWER If 629 $48.00 $30,192.00 629 $30,192.00 0 $0. 15 36" RCP STORM SEWER LF 62 $70..00 $4,340,00 62 $4,340.00 0 $0. 16 2' X Y CATCH BASIN EA 1 $1,400.00 $1,400.00 1 $1,400.00 0 $0. 17 4' DIAMETER STORM CBMH EA I $1,700.00 $1,700.00 l $1,700.00 0 50 18 5' DIAMETER STORM CBMH EA 2 $2,700.00 $5,400.00 2 $5,400.00 0 $0. 19 CONNECT TO EXISTING EA 1 $1,000.00 $1,000.00 1 $1,000.00 0 $0 STORM MANHOLE COST ESTIMATE 000034.0401.0 No. Item Units Qty EE Unit Price EE Total Price 20 CONNECT EXISTING PIPE TO EA 1 $1,000.00 $1,000.0( $750.00 STRUCTURE $0.00 1 $1,000.00 0 21 24" RCP FLARED END SECTION EA 1 $750.00 $750:0( 22 36" RCP FLARED END SECTION EA 1 $1,000.00 $1,000.0( 23 AGGREGATE BASE, CLASS 5 TN 200 $17..00 $3,400.0( 24 8618 CONCRETE CURB AND LF 575 $16.00 $9,200.0( $0,00 GUTTER $0..00 1 $18,000.00 25 4" CONCRETE SIDEWALK SF 3000 $4.00 $12,000.0( 26 TYPE L.V 3 NON WEARING TN 240 $45.00 $10,800.0( $0.00 COURSE MIXTURE (8) $2,100,00 1 0 $0.00 1 27 TYPE L•V 4 WEARING COURSE TN 90 $50.00 $4,500..0( $0.00 MIXTURE (B) $60,000..00 ! $0.00 28 SODDING, LAWN TYPE WITH SY 2600 $7.50 $19,500,0( 4" OF TOPSOIL 29 POND LS 1 $18,000.00 $18,000.0( RESTORATION/LANDSCAPING CONSTRUCTION SUBTOTAL $231,400.01 INDIRECT COSTS (25 %) $57,850.01 SUBTOTAL $290,000.01 PHASE I ENVIRONMENTAL LS 1 $2,100.00 $2,100.01 SOIL & GROUNDWATER LS 1 $4,200.00 $4,200.01 DEVELOPMENT RESPONSE LS 1 $1,900.00 $1,9004 POTENTIAL CONTAMINATION LS 1 $60,000.00 $60,000.0 CONTAMINATION SUBTOTAL $68,200.0 EASEMENT ACQUISITION EASEMENT ACQUISTION COSTS COST ESTIMATE 000034.0416t•0 2 Storm Pond/Restoration Qty Total Price Qty Total Price 1 $1,000.00 0 $0.00 1 $750.00 0 $0.00 1 $1,000.00 0 $0.00 200 $3,400.00 0 $0.00 575 $9,20000 0 $0.00 3000 $12,000.00 0 $0.00 240 $10,800.00 0 $0.00 90 $4,500.00 0 $0.00 2600 $19,500,00 0 $0,00 0 $0..00 1 $18,000.00 $124,600.00 $106,800:.00 $3I,150�00 $26,700..00 1 $156,000.00 $134,000.00 ► 0 $0.00 1 $2,100,00 1 0 $0.00 1 $4,200.00 i 0 $0.00 1 $1,900.00 1 0 $0.00 1 $60,000..00 ! $0.00 $68,200.00 $0.00 ? ? ?" COST ESTIMATE 000034.0416t•0 2 ' ^ | � | | � | WIwwcmA AVENUE wunm | * | � � � � __________ ________—____ ___________ ________�__— � ss+no swno -65+00 _ +-----�+ — ��-±-=~----+-----+ ---�—+ — --~��/�-�� — lu P. TER AVENUE N DR R— Paul Office Al R RE 11 —T Slu-- DR 5700 WINNETKA AVENUE POND IMPROVEMENTS An St. Paul, MIN 55113 D vbwv�� c.vvv ' • • 1 CliPnt#- 3024 W-11 i1Z«170 i l q�+ p c �+ /� /� p �+ �+ c /' CO ® ,M CE F LI IN DATE (MWDD/YYYY) 11/19/2008 PRODUCER MN- COMMERCIAL LINES COBS STRECKER DUNPHY & ZiMMERMANN 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED LANDWEHR CONSTRUCTION INC PO BOX 1086 ST CLOUD, MN 56302 INSURER A: ZURICH AMERICAN INSURANCE COMPA 4 Y INSURER B: EVEREST NATIONAL INS CO DATE MW D INSURER c: AMERICAN GUARANTEE & LIAB INS INSURER D: INSURER E: GL0534529203 ('nVFRA('FA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION INSR LTR NSR TYPE OF INSU ti POLICY NUMBER DATE MM/DD DATE MW D LIMITS A GENERAL LIABILITY GL0534529203 03/31/08 03131/09 EACH OCCURRENCE $1, 000,000 DAMAGE TO Eaa o rr $300.000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $1 CLAIMS MADE ® OCCUR INCLUDES: PERSONAL & ADV INJURY $1, 000,000 X XCU OPERATIONS OF X BROAD FORM PD GENERAL AGGREGATE $ 2,000,000 SUBS - CONTINGENT GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2, 000,000 CONTRACTUAL LIAB POLICY X PRO- LOC C AUTOMOBILE LIABILITY X ANY AUTO BAP534529103 03/31/08 03/31/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ 1 E AUTO ONLY: AGG B EXCESSIUMBRELLA LIABILITY 7106000076081 03/31/08 03/31/09 EACH OCCURRENCE $5,000,000 AGGREGATE s5,000, X OCCUR Fi CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $ O A WORKERS COMPENSATION AND WC534529303 03/31/08 03131/09 X OR STATUS OTH- E.L. EACH ACCIDENT 1$1,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 5700 WINNETKA POND IMPROVEMENTS (WINCREST POND) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W /RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY: CITY OF NEW HOPE(OWNER) BONESTROO (ARCHITECT) CITY OF NEW HOPE CITY HALL 4401 ZYLON AVE N NEW HOPE, MN 55428 -4898 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ _V_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #S313497/M288199 VLH © AUUKL) GUKlloUKAI IUN 111100 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S3134971M288199 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 Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. Date: October 2, 2008 Reg. No. 44315 END OF DOCUMENT 000034 - 04161 -0 0 2008 Bonestroo PROFESSIONALCERTIRCATIONS Specifications Continued... Division 2 — Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02315 Excavation and Fill 02318 Subgrade Preparation 02320 Trench Excavation and Backfill 02630 Storm Drainage 02720 Aggregate Base Course 02741 Plant Mixed Asphalt Pavement 02770 Concrete Curb and Gutter 02775 Concrete Walks and Driveways 02920 Lawns and Grasses Material Schedule Control END OF DOCUMENT 000034 - 04161 -0 00010 -2 © 2008 Bonestroo TABLE OF CONTENTS Minnesota Department of Transportation EEO special Provisions Office of EEO Contract Management Revised 11/01 EQUAL , OPPORTUNITY ,, SPECIAL , , 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 determines which EEO regulations and goals (Federal and /or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (Mn/DOT) 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 Mn/DOT Office of EEO Contract Management monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 8 -13, 15 -16, 21 -22). Mn/DOT's Office of EEO 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. Mn/DOT 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 Minnesota Department of Transportation Revised 11101 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) The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 3), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO 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" (EEO 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 with the goals will be measured against the total work hours performed. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, 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 EEO Special Provisions Office of EEO Contract Management Revised 11'01 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS 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 of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2 -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 pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota 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 pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non - discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, 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 Minnesota Department of Transportation Revised 11/01 Office of EEO Contract Management APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT 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 discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and /or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on 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 EEO special Provisions Office of EEO Contract Management Revised 11101 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 Mn/DOT 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 Mn/DOT 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 Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on -site contract compliance review. During the scheduled on -site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 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. 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, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of 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 I1 /01 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 $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, 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 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 EEO Page 6 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/01 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 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 FHWA 1409. EEO Page 7 EEO Special Provisions Minnesota Department of Transportation Revised 11/01 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 Federal /federally assisted projects and State /state assisted projects. Item 3 applies to Federal federally assisted projects only. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60 -4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 8 Minnesota Department of Transportation EEO special Provisions Office of EEO Contract Management Revised 11/01 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 (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 9 EEO Special Provisions Minnesota Department of Transportation Revised 11/01 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). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 11(01 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 Minnesota Department of Transportation Revised 11/01 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.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are 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). IO.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 EEO Special Provisions Office of EEO Contract Management Revised 11/01 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 Minnesota Department of Transportation Revised 11/01 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 (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 14 Minnesota Department of Transportation Special Provisions Office of EEO Contract Management Revised 11/01 ITM 1 , COU11j Federal Goals State Goals Minority Goal Women Goal Total Minority Goal (or) Women Goal Skilled Unskilled Aitkin 2.2% 6.9% 3.9% 9.4% Anoka 2.9% 6.9% 6.7% 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% 7.3% 9.4% Cass 2.2% 6.9% 2.6% 9.4% Chippewa 2.2% 6.9% 2.2% 9.4% Chisago 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% 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% 1 6.9% 2.2% 9.4% Grant 2.2% 6.9% 2.5% 9.4% Hennepin 2.9% 6.9% 8.6% but in Mpts: 17.7% 9.5% but in Mp1s: 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% 1 6.9% 2.2% 9.4% Itasca 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 10% 6.9% 10.2% 9.4% Le Sueur 2.2% 6.9% 2.2% 9.4% Lincoln 0.8% 6.9% 1.8% 1 9.4% Lyon 11 0.8% 6.9% 1.8% 1 9.4% EEO Page 15 EEO Special Provisions Minnesota Department of Transportation Revised 1101 Office of EEO Contract Management County Federal Goals State Goals Minority Goal Women Goal Total Minority Goal (or) Women Goal Skilled Unskilled 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% 17% 9.4% Pope 2.2% 6.9% 2.5% 9.4% Ramsey 2.9% 6.9% 8.1 % but in St Paul: 14.3% 1 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% 1 6.9% 6.7% 1 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 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% 1 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% 1 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% 19% 9.4% Yellow Medicine 2.2% __ L9% __ J1 2.2% 9.4% EEO Page 16 n nhuA2 Rev. i'iiol Minnesota Department of Transportation Office of EEO Contract Management Contractor Employment Data 1. Contractor Name and Address: 2. Employment Data a) Name: Last Name, First Name, Ml b) Social Security # c) New Hire (Y or N) d) Ethnicity e) Gender (M or F) f) Trade/Foreman, Supervisors, Managers g) Level (A, 7, or T) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27, 28. 29. 30. If you have submitted this form at any time during this calendar year, you do not need to submit another one. EEO Special Provisions Minnesota Department of Transportation Revised 11,01 Office of EEO Contract Management INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT 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 Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self - explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers 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 Mn/DOT'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. EEO -13 Rev. 11/01 Minnesota Department of Transportation Management Office of EEO Contract Mana 1?`, Employment Compliance Report EEO -13 1. SP/SAP: (circle one) 3. Contractor Name and Address: 4. 1 I Prime Contractor 1 1 Subcontractor 5. Dollar Amount of Contract: County or City: 2. Reporting Period: 6. Percent of Completion: 7. Employment Data a) Name: Last, First, M1 b) Social Security # c) New Hire (Y or N) d) Ethoici e) Gender (M or F) f) Trade type/Foreman, Supervisors, Managers g) Level A, J, or T) h) Hrs Worked This Period 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. IL 12. 13 14. 1S. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 8. CONTRACT GOALS MINNESOTA GOALS % OBTAINED • Minority % • Skilled % • Unskilled % • Women % 10. Prepared by: (Signature) (Title) (Date) Phone: 11. Reviewed by: (Signature) (Title) (Date) Phone: EEO Special Provisions Minnesota Department of Transportation Revised 11/01 Office of EEO Contract Management INSTRUCTIONS FOR EEO -13 EMPLOYMENT COMPLIANCE REPORT 1. -5. Self- explanatory, (Reporting Period should coincide with weekly Certified Payrolls). Percent of Completion is the estimated percentage of work completed including this reporting period. Employment 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. Ethnici1y can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific 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, Managers 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 will 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 $100,000 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 project. % 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 EEO officer /designee. 11. Reviewed by Project Engineer 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 Mn/DOT's Office of EEO Contact Management at (651) 282 -6026. EEO Page 20 Minnesota Department of Transportation Special Provisions Office of EEO Contract Management Revised 11/01 ECONOMICALLY DISADVANTAGED EMPLOYEE (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 defined 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): Family Size Aggregate Income Family Size Aggregate 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 Affairs Council 2233 University Avenue West 1450 Energy Park Drive Suite 426 Wright Building Room 140 West St. Paul, MN 55114 St. Paul, MN 55108 Tel: 651- 642 -0811 Tel: 651- 643 -3032 Fax: 651- 643 -3580 Fax: 651- 643 -3077 2. Council on Asian - Pacific 4. Chicano Latino Affairs Council Minnesotans 555 Park Street 200 University Avenue West, Suite 408 Suite 100 St. Paul, MN 55103 St. Paul, MN 55103 Tel: 651 -296 -9587 Tel: 651 -296 -0538 Fax: 651- 297 -1297 Fax: 651- 297 -8735 EEO Page 21 EEO - 14 Rev. 6/98 Minnesota Department of Transportation S.P. /S.A.P. No: County EEO Contract Management Office or City: ECONOMIC DISADVANTAGED EMPLOYEE Month: 19 INCENTIVE REPORT Contractor: Address: ❑ Prime Contractor ❑ Subcontractor Job Categories Total Hours by EDEs Names of Economic Disadvantaged Employees (EDE): Officials/Managers 1 Supervisors Foremen/Women 2 Clerical 3. Equipment Operators 4. 5. 6. 7. Mechanics Truck drivers Ironworkers Carpenters 8. 9. 10. Cement Masons Electricians 11, 12. Pipefitters, Plumbers Painters 13. Laborers 14. 15. Total AFFIDAVIT I, being first duly sworn, do depose and say: I . 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 swom to before me this Contractor or Authorized Representative (Date) day of ' 19 Notary Public My commission expires: ,19 CONTRACT GOALS For Mn/DOT use only MINNESOTA % OBTAINED ❑ Compliance MINORITY (Or) ❑Non- compliance % Skilled % % Unskilled % ❑ Process Payment 9.4 % WOMEN % (Approved by) (Date) EEO Page 22 �, \NN M� y 0 � a �yT OF TRP SP #: Project Engineer: Prime Contractor: �UUI c 3D. City: State: Zip EEO Officer: Project Manager: Tel: Training Contractor: Phone: ( ) Addres City: State: Zip EEO Officer: Project Manager: Tel: 111 Job Title or Number of Training Trade Classification: Hours on this Project: Name: S.S. #: Address: Phone: ( ) City: State: Zip: EEO Officer: Project Manager: Tel: Approximate Start Dat Approximate Completion Dat Is the trainee a member of a certified apprenticeship program? ❑ Yes ❑ No If YES, verify with Apprenticeship Form or Indenture Number: 1. Ethnic Background: Hispanic Black: Asian/Pacific Islander White ; Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation ) . 2. Male; Female; EEO -5 4/97 District: MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF EEO CONTRACT MANAGEMENT ON -THE -JOB TRAINING PROGRAM TRAINEE ASSIGNMENT Location: Phone:( ) Phone: ( ) EEO Page 23 Mn/DOT 21860 (4 -77) MINNESOTA DEPARTMENT OF TRANSPORTATION EEO -6 OFFICE OF EEO CONTRACT MANAGEMENT 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 PERIOD ADDRESS S.P. NO. (LOW) F.P. NO. TRAINEE HOURS WORKED HOURS WORKED TOTAL HOURS PREVIOUSLY THIS PERIOD 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 Special Provisions Office of EEO Contract Management Revised 11/01 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2, 1987, revised October 21, 1993, FHWA Electronic Version March 10, 1994) Page I. General ......................... EEO -25 II. Nondiscrimination ................. EEO -25 III. Nonsegregated Facilities ............ EEO -29 IV. Payment of Predetermined Minimum Wage ........................... EEO -29 V. Statements and Payrolls ............ EEO -32 VI. Record of Materials, Supplies, and Labor ........................... EEO -33 VII. Subletting or Assigning the Contract .. EEO -33 VIII. Safety: Accident Prevention ......... EEO -34 IX. False Statements Concerning Highway Projects ......................... EEO -34 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .. EEO -35 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ......................... EEO -35 XII. Certification Regarding Use of Contract Funds for Lobbying ................ EEO -37 Appendix A ............................ EEO -38 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. I. GENERAL 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. II. NONDISCRIMINATION (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 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the 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 will accept as his operating policy the following statement: EEO Page 25 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 pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, 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 will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. 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. 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. EEO Page 26 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/0 1 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 forthe 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. 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 imme- 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. 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 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 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. 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 of the SHA and the FHWA. a. The records kept by the contractor shall document the following: EEO Page 27 EEO Special Provisions Revised 11 /01 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 Iocating, 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 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 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 $10,000 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 obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED 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 U.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 FHWA -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 l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers 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 of this 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 EEO Page 28 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11/01 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. 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. 2. Classification: a. The SHA contracting officer shall require that any class of laborers 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 IVA(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 (if known) 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 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- dards 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 Page 29 EEO Special Provisions Revised 11/01 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 journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the 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. If the 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 journeyman -level 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 of the j ourneyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -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 project 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 with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be 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 EEO Page 30 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11 /01 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. 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 CFR 3): 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 of 3 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 l(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 1(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 of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form EEO Page 31 EEO Special Provisions Revised 11/01 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 his /her 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 earned, 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 FHWA, 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 FHWA, 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 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, AND 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 FHWA -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 FHWA -47, and in the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b 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. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the 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. EEO Page 32 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11 /01 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. 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 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGH- WAY PROJECTS 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 his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Stan- dards Act (40 U.S.C. 333). 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 U.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 workperformed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report subrnittedpursuanttoprovisionsofthe Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; EEO Page 33 EEO Special Provisions Revised 11/01 Minnesota Department of Transportation Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 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: 1. 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 et seq., as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et se q., 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 (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the 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, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. 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. 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. EEO Page 34 Minnesota Department of Transportation Office of EEO Contract Management EEO Special Provisions Revised 11 /01 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. offenses enumerated in paragraph lb 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. i. Nothing contained in the foregoing shall be contti ued 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 1. 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, or receiving stolen proper- ty; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the 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 maypursue 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 Page 35 EEO Special Provisions Revised 11/01 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. XII. CERTIFICATION REGARDING USE OF CON- TRACT FUNDS FOR LOBBYING (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 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting 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. EEO Page 36 COVERAGE OF PREVAILING WAGE LAW UNDER MINNESOTA STATUTES, SECTIONS 177.41 TO 177.44. Subpart 1. In general. For purposes of parts 5200.1105 and 5200.1106 and Minnesota Statutes, sections 177.41 to 177.44,the prevailing wage rate which, for the purpose 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 1613; 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 purposes 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 1 of 6 (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 if loaded 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, exceptions, 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 of 6 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 mixed 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 definitions. 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 of 6 (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 4 of 6 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 truck 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 if leased, 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 minim 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 /track 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. & 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 determine 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 of 6 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 I. 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. 11. 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 FIST: 25 SR 1942 Current as of 08/17/01 Page 6 of 6 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA -02 • CARVER -10 • CHISAGO -13 • DAKOTA -19 • HENNEPIN -27 • RAMSEY -62 • SCOTT -70 • WASHINGTON -82 Effective: 2007 -10 -22 Revised: 2008 -02 -25 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building 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.PrevWage @ state.mn.us 10/02/08 LABOR CODE AND CLASS EFFECT TOTAL RATE DATE 101 LABORER, COMMON (GEN LABOR 2007-10-22 36.49 WRK) 12.37 37.49 24.42 2008-05-01 102 LABORER,SKILLED-ASST CRFT 2007-10-22 37.49 JRNYMN 9.03 24.69 16.91 2008-05-01 103 LABORER, LANDSCAPING 2007-10-22 36.49 25.12 2008-05-01 104 FLAGPERSON 2007-10-22 32.54 21.72 2008-05-01 105 WATCHPERSON 2007-10-22 39.49 28.12 2008-05-01 106 BLASTER 2007-10-22 38.49 27.12 2008-05-01 107 PIPELAYER (WATER, SEWER & GAS) 2007-10-22 37.19 25.82 2008-05-01 108 TUNNEL MINER 2007-10-22 37.19 25.82 2008-05-01 109 UNDRGRND & OPEN DITCH LABOR 2007-10-22 (8') 2008-05-01 GROUP 1 201 HELICOPTER PILOT 10/02/08 BASIC FRINGE TOTAL RATE RATE RATE 24.42 12.07 36.49 25.12 12.37 37.49 24.42 12.07 36.49 25.12 12.37 37.49 15.66 9.03 24.69 16.91 9.03 25.94 24.42 12.07 36.49 25.12 12.37 37.49 21.02 11.52 32.54 21.72 11.82 33.54 27.42 12.07 39.49 28.12 12.37 40.49 26.42 12.07 38.49 27.12 12.37 39.49 25.12 12.07 37.19 25.82 12.37 38.19 25.12 12.07 37.19 25.82 12.37 38.19 29.17 13.40 42.57 29.42 14.15 43.57 2007-10-22 2008-05-01 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 2007 -10 -22 28.62 13.40 42.02 2008 -05 -01 28.87 14.15 43.02 206 CABLEWAY 207 CONCRETE MIXER,STATIONARY PLANT 208 DERRICK- GUY,STFLEG,PWR,SKD,IMMOV 209 DRGLN /SMLR/SHVL CNTRLS,TO 3 CYDS 210 DRDGE OR ENGINEER/POWER &ENGINEER 211 FRONT END LOADER,5 CU YDS & OVER 212 GRADER OR MOTOR PATROL 213 LOCOMOTIVE CRANE OPERATOR 214 MIXR- PAVING,ROADMOLE,CONWAY /SMLR 216 TRACTOR - BOOM TYPE 217 TRACTOR CRANE - CRAWLER CRANE 218 TUGBOAT, 100 H.P. AND OVER GROUP 3 2007 -10 -22 28.62 13.40 42.02 2008 -05 -01 28.87 14.15 43.02 219 DUAL TRACTOR 220 ELEVATING GRADER 221 PUMPCRETE 222 SCRAPER,32 CU YDS AND OVER 223 SELF PROPELLED SOIL STABILIZER GROUP 4 2007 -10 -22 28.32 13.40 41.72 2008 -05 -01 28.57 14.15 42.72 224 AIR TRACK ROCK DRILL 225 ASPHALT BITUMINOUS STABLZR PLANT 226 AUTOMATIC ROAD MACHINE(CMUSMLR) 227 BACKFILLER OPERATOR 228 CONCRETE BATCH PLANT 229 BITUMINOUS ROLLER,8 TONS OR MORE 10/02/08 3 230 BITUMINOUS 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,WASH,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 MECHANIC WELDER 247 MILL,GRIND,AND PLANE MACHINE 248 MULTIPLE MACHINES/WELD,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 PUGMILL 255 RUBBER TIRE TRACTOR,B/HOE ATTACH 256 SCRAPER UP TO 32 CUBIC YARDS 257 SKID LDR,ICUYD+ & BACKHOE ATTACH 258 SLIP FORM (POWER DRIVEN)(PAVING) 259 TIE TAMPER AND BALLAST MACHINE 260 TRACTOR, BULLDOZER 261 TRENCHING MACH (SEWER,WATER,GAS) 262 WELL POINT INSTALLATION O 2007 -10 -22 25.28 13.40 38.68 2008 -05 -01 25.53 14.15 39.68 10/02/08 4 263 AIR COMPRESSOR, 600 CFM OR OVER 264 BITUMINOUS ROLLER UNDER 8 TONS 265 CNCRTE DSTRB /SPRD/FNSH,FLOAT,JNT 266 CNCRTE SAW W MULT BLADE,PWR OPER 267 FORM TRENCH DIGGER, POWER OPER 268 FRONT END LOADER UPTO INCL 1 CUYD 269 GUNITE GUNALL 270 HYDRAULIC LOG SPLITTER 271 LOADER - BARBER GREENE OR SIMILAR 272 POST HOLE DRIVING MACHINE /AUGER 273 POWER AUGER AND BORING MACHINE 274 POWER ACTUATED JACK 275 PUMP 276 SELF PROP CHIP SPRDR(FLAHERTY) 277 SHEEP FOOT COMPACTRIBLADE,200HP+ 278 SHOULDER MACH W SAND /CHIP SPRDR 279 STUMP CHIPPER AND TREE CHIPPER 280 TREE FARMER (MACHINE) 281 BTMNUS SPRDR/FINSH MACH OPR/HLPR GROUP 6 2007 -10 -22 24.07 13.40 37.47 2008 -05 -01 24.32 14.15 38.47 282 CONVEYOR 283 DREDGE DECK HAND 284 FIRE PERSON OR TANK CAR HEATER 285 GRVL SCRN PLNT- PORT,NOCRUSH/WASH 286 GREASER (TRUCK OR TRACTOR) 287 LEVER PERSON 288 OILR- SHVL,CRANE,DLINE,CRUSH,MILL 289 POWER SWEEPER 290 ROLLER ON GRAVEL COMPACTION 291 SELF PROPELLED VIBRATING PACKER 292 SHEEP FOOT ROLLER 293 TRACTOR, WHEEL TYPE,OVER 50 H.P. 294 TRUCK CRANE OILER 10/02/08 5 GROUP 1 2007-10-22 24.25 11.10 35.35 2008-05-01 25.15 11.80 36.95 301 MECHANIC - WELDER 302 TRACTOR TRAILER DRIVER 303 TRUCK DRVR,OPER HAND/PWR WINCH GROUP 200740-22 23.70 11.10 34.80 2008-05-01 24.60 11.80 36.40 304 4 OR MORE AXLE,STRGHT BODY TRUCK GROUP 2007-10-22 23.60 11.10 34.70 2008-05-01 24.50 11.80 36.30 305 BITUMINOUS DISTRIBUTOR DRIVER 306 BITUMINOUS DISTRIBUTOR -1 PERSON 307 THREE AXLE UNITS GROUP 4 2007-10-22 23.35 11.10 34.45 2008-05-01 24.25 11.80 36.05 308 BITUMINOUS DISTRIBUTOR SPRAY OPR 309 DUMP PERSON 310 GREASER 311 PILOT CAR DRIVER 312 RUBBER TIRED SELF PROPELL PACKER 313 TWO AXLE UNIT 314 SLURRY OPERATOR 315 TANK TRUCK HELPER-GAS,OIL,WATER 316 TRACTOR OPERATOR, UNDER 50 H.P. 401 HEATING AND FROST INSULATORS 2007-10-22 36.68 15.87 52.55 402 BOILERMAKERS FOR RATE CALL 651-284-5091 OR EMAIL DLI. PRE V W AGE @ STATE. MN. US 403 BRICKLAYERS 2007-10-22 32.01 15.48 47.49 404 CARPENTERS 2007-10-22 30.72 13.50 44.22 10/02/08 6 405 CARPET LAYERS (LINOLEUM) 406 CEMENT MASONS 407 ELECTRICIANS 408 ELEVATOR CONSTRUCTORS 409 GLAZIERS 410 LATHERS 411 GROUND PERSON Elp-m-t-ttexi 413 LINEMAN 414 MILLWRIGHT 415 PAINTERS 416 PILEDRIVER 417 PIEPEFITTERS - STEAMFITTERS 418 PLASTERERS 419 PLUMBERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MNX-S 2007-10-22 30.15 13.55 43.70 2007-10-22 33.60 20.51 54.11 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @STATE.MN,US FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @STATE.MN.US FOR RATE CALL 651-284-5091 OR EMAIL DLI,PREV WAGE @STATE.MN,US 2007-10-22 21.62 11.03 32.65 2008-05-01 22.54 11.30 33.84 2007-10-22 31.60 18.72 50.32 2008-05-01 32.80 19.42 52.22 2007-10-22 32.27 14.11 46.38 2008-05-01 33.64 14.51 48.15 2007-10-22 23.00 0.88 23.88 2007-10-22 29.70 14.06 43.76 2007-10-22 30.72 13.50 44.22 2007-10-22 27.32 8.55 35.87 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @STATE. N.US 2007-10-22 36.04 16.06 52.10 10/02/08 7 421 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 ABATEMENT WORKER 436 SIGN ERECTOR FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE. MN.US 2007 -10 -22 37.10 14.66 51.76 FOR RATE CALL 651 -284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE@ STATE.MN.US 2007 -10 -22 27.28 16.48 43.76 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 2007 -10 -22 28.35 10.84 39.19 2007 -10 -22 28.36 7.88 36.24 2007 -10 -22 26.72 10.31 37.03 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE@ STATE.MN.US 10/02/08 8 DOCUMENT 00100 Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 1:30 P.M., C.D.S.T., Thursday, October 30, 2008, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 5700 Winnetka Pond Improvements (Wincrest Pond), City Proiect No. 791 In general, Work consists of the following approximate quantities: 120 LF 24 Inch to 36 Inch RCP Storm Sewer, Incl. Structures, FES, Rip Rap, etc. 5,400 CY Common Excavation, Off -Site 1 LS Traffic Control 1 LS Clear and Grub 30 TN Class 5 Aggregate Base 30 TN Bituminous Mixtures 80 LF Concrete Curb and Gutter and Sidewalk Replacement 1 AC Seed and Sod Restoration 1 LS Native Plantings Together with removals, topsoil and other related appurtenances The estimated construction cost for this Project is $160,000. Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non- refundable fee of $50. Bidding Documents may be seen at the office of the City of New Hope and at the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet at www.bonestroo.com. Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604 -4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota 000034 - 04161 -0 © 2008 Bonestroo ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS 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. • ••1 i Cli�i �• 1 � 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. 000034 - 04161 -0 © 2008 Bonestroo 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: Those reports of explorations and tests of subsurface conditions at or contiguous to the 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 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 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 Site, if any, that Engineer has used in preparing the Bidding Documents. 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, 000034 - 04161 -0 © 2008 Bonestroo 00200 -2 INSTRUCTIONS TO BIDDERS 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 fumished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the 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 Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 000034 - 04161 -0 © 2008 Bonestroo 00200 -3 INSTRUCTIONS TO BIDDERS 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 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 of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the 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 of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 5.01 There will be no pre -Bid conference. 000034 - 04161 -0 © 2008 Bonestroo 00200 -4 INSTRUCTIONS TO BIDDERS ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. 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. 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. 000034 - 04161 -0 © 2008 Bonestroo 00200 -5 INSTRUCTIONS TO BIDDERS 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. :: i • f1 � � � e�►l�e�if�ICy 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 000034- 04161 -0 © 2008 Bonestroo 00200 -6 INSTRUCTIONS TO BIDDERS 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be 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 Unit 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. 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. 000034 - 04161 -0 © 2008 Bonestroo 00200 -7 INSTRUCTIONS TO BIDDERS ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 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. 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 Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate 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. 000034 - 04161 -0 © 2008 Bonestroo 00200 -8 INSTRUCTIONS TO BIDDERS 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 Project is awarded. 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the successful Bidder. 19.03 More than 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. 000034 - 04161 -0 © 2008 Bonestroo 00200 -9 INSTRUCTIONS TO BIDDERS 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 of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. 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 000034 - 04161 -0 © 2008 Bonestroo 00200 -10 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 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 000034 - 04161 -0 © 2008 Bonestroo INFORMATION AVAILABLE TO BIDDERS THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 -4898 I + BIDDER: L0 yye by DOCUMENT 00410 BID FORM 5700 WINNETKA POND IMPROVEMENTS (WINCREST POND) S.A.P. 182- 109 -04 CITY PROJECT NO. 791 PROJECT NO. 000034-04161-0 NEW HOPE, MINNESOTA 2008 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security, The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. 000034 - 04161.0 00410 1 BID FORM © 2008 Bonestroo E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 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 Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000034-04161 -0 ® 2008 Bonestroo 00410 -2 BID FORM 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions, Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. I No. Item Units Qty Unit Price Total Price 000034. 04161 -0 a 2008 Bonestmo 00410 -3 BID FORM BASE BID: 1 MOBILIZATION LS 1 $ 5 5000.QD rc 2 CLEAR AND GRUB LS 1 $ 4,, co. cn . $ p oo.oz' 3 REMOVE CONCRETE CURB AND GUTTER LF 80$ Oroo.o~ 4 REMOVE SEWER PIPE (STORM) LF 117 $ ) vo $ . 5 REMOVE CONCRETE SIDEWALK SF 400$ 00 $ 400. co 6 REMOVE BITUMINOUS PAVEMENT SY 60$ - 7• 50 $ �`j� , oo 7 REMOVE 36" CONCRETE APRON EA 1 $ " j 5 . G70 $ '1 c'7o 8 SAWING BITUMINOUS PAVEMENT LF 55 $ 4- cc $ aD o_L� 9 COMMON EXCAVATION CY 5400$ a • a5 $ fn (a 5C7. 00 10 AGGREGATE BASE, CLASS 5 TN 25$ 30 $ T mac, e 11 TYPE LV4 WEARING COURSE MIXTURE (B) TN 6$ 1 - 15 - 00 $ 10 So. C)o 12 TYPE LV 3 NON WEARING COURSE MIXTURE TN 25 $ 1 - 15.00 $ Y - 3 j . c�z-' (B) 13 24" RC PIPE APRON EA 1 $ cl o o co $ cl M . o v 14 36" RC PIPE APRON EA 1 $ 1 $ 1 L l so CDQ 15 24" RC PIPE SEWER, CLASS III LF 55 $ (a o. ct $ 3 cx-) 16 36" RC PIPE SEWER, CLASS III LF 62$ 0. ®a $ 000034. 04161 -0 a 2008 Bonestmo 00410 -3 BID FORM X Nu �mn Units �x U I - ^ 17 [ONST. DRAIN/xGESTR, 4' DIAMETER EA 1 $ $ MANHOLE 18 [ON5T DRAINAGE STR,5'DIAMETER EA 1 s s - MANHOLE 19 CONNECT EXISTING PIPE TOSTORM EA 1 $ $ STRUCTURE JU RANDOM R|PRAP CLASS III [Y 61 $ $ oo 21 4^ CONCRETE SIDEWALK 5F 400 $- $ ZZ B618 CONCRETE CURB AND GUTTER LF 80$ 3c. cc s a 23 TRAFFIC CONTROL LS 1$ $ 24 SILT FENCE, TYPE MACHINE SLICED LF 800$ $ / 25 INLET PROTECTION EA 2$ D 26 TEMPORARY ROCK CONSTRUCTION EA 1 $ 0 Co. 0 $ 0 0_0D ENTRANCE 27 BONDED FIBER MATRIX SY 5800 $ (, $ 28 SEED MIXTURE 1OO A[ 1.2$ $ %4c co 29 SELECT TOP SOIL BORROW (U0 [Y 600 $ \5' Ou $ TOTAL BASE BID $ mxma+owm-0 0 2008 sonestmo 00410-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on kWO -l- SO 20 If Bidder Is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: Fax No.: 000034- 04161 -0 0 2008 Bonestroo 00410-5 BID FORM P A Partnership Partnership Name: (SEAL) By: A Corporation (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: t�� '� t �5� ��t L tin, d n+' (SEAL) State of Incorporation: tLt zfIV1 e5 - oicu Type (General Business, Professional, Service, Limited Liability): 6101ZIs1 SRS Peas By: (Signature) Name (typed or printed): Ls-�kvvr '� Title: tCi✓ Qt�51�t�' Att t (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: 000034 - 04161 -0 0 2008 Bonestroo 00410 -6 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.: Joint Venturer Name: (SEAL) (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): 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 000034- 04161 -0 0 2008 Bonestroo 00410 -7 BID FORM AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Landwehr Construction Inc. P.O. Box 1086 St. Cloud MN 56302 as Principal, hereinafter called the Principal, and Western Surety Company P. O. Box 5077 Sioux Falls SD 57117 -5077 a corporation duly organized under the laws of the State of SD as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue N., New Hope, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 5700 Winnetka Pond Improvements, SAP 182 - 109 -04, City Project No. 791 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of October Landwehr Construction, Inc. �$: (Seal) (Witness) ME Western Suretv Com ( e) AIA DOCUMENT A310 i BID BOND • AIA 0 FEBRUARY 1970 ED, s THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N. Y., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. On this 30 th day of October 2008 County of before me appeared qn�&�e� LLVIvw,_v, to me personally known, who, being by me duly sworn, did say that he is the � ic-C Qre Ae') i__ Of LANDWEHR CONSTRUCTION, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said M1 LD acknowledged said instrument to be the free act and deed of said corporation. f 5'oa Ultflu V� V Notary Public County, 0 My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. on this 30 th day of October 2008 County of HENNEPIN ) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Linda K. French acknowledged said instrument to be the free act and deed of said corporation. NICOLE OLSON NOTARY PUBLIC -MINNESOTA My commission Expires Jan. 31, 2010 Notary Public My commission I exp.1res County, Western Surety Com POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Olson, Rachel Thomas, Joshua R Loftis, Roger Cornett, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of May, 2008. atS �RETyw WESTERN SURETY COMPANY =y ,t N 2 4oP pp gq �� t p3 ; :z � * t ti S EA�'•r m� TM oAµo I Paul . �Sei,, , ce Pres ident State of South Dakota ss County of Minnehaha On this 16th day of May, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission exp }444444444444444444444444 } r D. KRELL s November 30, 2012 r S AE NOTARY PUBLIC SF i 1 s SOUTH DAKOTA s 't'44444444444444444444444+ CERTIFICATE A -4AL k'-4t_0jj D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30th day of October 2008 WESTERN SURETY COMPANY og t o T,0Z z ; TN OPK� L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I M MME E no X A a -W ME Landwehr Construction, Inc. i is fwreb cert af by tfw Deparhmnt of Commissioner of Human Rights DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Landwehr Construction Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: municipal utility improvements and pond excavation. 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: 5700 Winnetka Pond Improvements (Wincrest Pond) for the City of New Hope, Minnesota, S.A.P. 182 - 109 -04, City Project No. 791. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, 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 Dates for Substantial Completion and Final Payment A. 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, 2009. 000034 - 04161 -0 00520 -1 © 2008 Bonestroo AGREEMENT FORM 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay Owner $150 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $250 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of One Hundred Twenty -Nine Thousand Eight Hundred Thirty -Two Dollars and No Cents ($129,832.00) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 000034 - 04161 -0 00520 -2 © 2008 Bonestroo AGREEMENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 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 maximum rate allowed by law at the place of the Project. ARTICLE S - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the 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 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 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. 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. 000034 - 04161 -0 00520 -3 © 2008 Bonestroo AGREEMENT FORM G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. 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. J. 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: 5700 Winnetka Pond Improvements (Wincrest Pond). 7. Addendum (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Order(s). 000034 - 04161 -0 00520 -4 © 2008 Bonestroo AGREEMENT FORM B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be 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. 000034- 04161 -0 00520 -5 AGREEMENT FORM © 2008 Bonestroo Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Landwehr Construction, Inc. P.O. Box 1086 St. Cloud, MN 56302 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue N. New Hope, MN SURETY (Name and Address of Principal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 -5077 CONTRACT Date: November 17, 2008 Amount: ($129,832.00 ) One Hundred Twenty Nine Thousand Eight Hundred Thirty Two Dollars and 00/100 Description (Name and Location): 5700 Winnetka Pond Improvements (Wincrest Pond), SAP 182 - 109 -04, City Project No. 791 BOND Bond Number: 929465861 Date (Not earlier than Contract Date): November 17, 2008 Amount: ($129,832.00 ) One Hundred Twenty Nine Thousand Eight Hundred Thirty Two Dollars and 00/100 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. SURETY (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Western Surety Company (Seal) Surety's Nanrewd Co rate Seal By: Signatur d do :f (Attac wer of Attorney),' Fact Attest: Signature and Title Sandra M. Doze Surety Account Rep SURETY (Seal) Surety's Name and Corporate Seat (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. 0-610 (2002 Edition) origlumAy 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. 40610 -1 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 11. 3. If there is no Owner Defaul 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 strange 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 41. 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 Balarmce 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 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 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 Suety has denied liability, in whole or in part, without fitrdw 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, that 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; 62. 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 arc specified in the Contract, actual damages caused by delayed performance or non - performance of Contractor. 7. Surety shall not be liable to Owner m 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. g. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 4. 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 wither two years after Contractor ceased working or within two years after Surety refines 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 Contactor shall be mailed or delivered to the address shown on the signature page. I I. When this Bond has been furnished to comply with a statutory requitement 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 terns thereof. FOR INFORMATION ONLY — Nanie, Address and Telephone 612- 349 -2400 Surety Agency or Broker Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Respresentative (engineer or other party) Bonestroo 2335 Hlghway 36 West, St. Paul, MN 55113 00610-2 ' : i/k I i 11r 's Gall Any singular reference to Contractor, Surety, OVMer, or rather party shall be considered plural where applicable. CONTRACTOR (Nate and Address): SURETY (Name and Address of Principal Place of Business): Landwehr Construction, Inc. P.O. Box 1086 St. Cloud, MN 56302 Western Surety Company OWNER (Name and Address): P. O. Box 5077 City of New Hope 4401 Xylon Avenue N. Sioux Falls, SD 57117 -5077 New Hope, MN CONTRACT D a t e , November 17, 2008 Amount ($129,832.00 ) One Hundred Twenty Nine Thousand Eight Hundred Thirty Two Dollars and 00/100 Description (Nar ne and Location): 5700 Winnetka Pond Improvements (Wincrest Pond), SAP 182 - 109 -04, City Project No. 791 BOND Bond Number.- 929465861 Date (Not earlier than Contract Date): November 17, 2008 Amount: ($129,832.00 ) One Hundred Twenty Nine Thousand Eight Hundred Thirty Two Dollars and 00/100 Modifications to this Bond Form: N'es "Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: "Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Brand." 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. SURETY (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature- _ Name and Title: (Seal) Western Surety Company — (Seal) Surety's Na d Co Seal B: Y Al Signature 4Kd fitV" os u R. ft' (Attach VI of Attorney) At ey -i -Fact Attest: Signature alndTitle Sandra M. Doze SURETY Surety Account Rep Surety's Name and Corporate Seal By: Signature and Title (.Attach Power of Attorney) Attest: Signature and Title: (Seal) I .,ICD C No. 0-615 (2002 lEdidon) )riginally 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. UQG15 -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 12. 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, demannds, 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: 41. 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. 41 Claimants who do not have a direct contract with Contractor: I . 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 commtmication 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. 6.1 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments trade 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 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.eomply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to fumish 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. 153. 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 612 -349 -2400 Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (engineer or other party)13onestroo 2335 Highway 36 West, St. Paul, MN 55113 00615-2 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. On this day of NOV, 20 6'r County of `J tllvvtc�, ) before me appeared 0is -Viatt U tvvy'LC-kv\ to me personally known, who, being by me duly sworn, did say that he is the vk Of LANDWEHR CONSTRUCTION, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Wd�tad LdVivwcw, acknowledged said instrument to be the free act and deed of said corporation. ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. on this 17TH day of NOVEMBER 20 08 County of HENNEPIN ) before me appeared JOSHUA R. LOFTIS to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said JOSHUA R. LOFTIS acknowledged said instrument to be the free act and deed of said corporation. A^ Notary Public County, p DOZE my commission expires 'SANDRA C" MINNESOTA NOTARY K� G-i� My Expires Jan. 31 2011 Western- Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Olson, Rachel Thomas, Joshua R Loftis, Roger Cornett, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I lth day of August, 2008. State of South Dakota ss County of Minnehaha w �,.o`S�jRETya, WESTERN SURETY COMPANY c � POq O =N:4 Al i^ 6 ne Ew I0 + `rf AV :`e �x, NNN Paul 4rBruflat, Senior Vice President On this I Ith day of August, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seat affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J s D. KRELL r November 30, 2012 i S AE L NOTARY PUBLIC s L SaSOUTH DAKOTA�f ASS SSSSSSSSSSSSSS SSSSSSS + CERTIFICATE A -a *D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation, this 17TH day of NOVEMBER 1 2008 "s"REryoo. WESTERN SURETY COMPANY ?�w�! aPOAa `• A vS cW =4� t s L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. � i 11:11 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 TERMINOLOGY 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 Add the following new paragraphs immediately after Paragraph 4.02.B: C. In the preparation of Drawings and Specifications, Engineer relied upon the following reports of explorations and tests of subsurface conditions at the Site: 1. Report Dated May 31, 2006 prepared by Braun Intertec, entitled "Phase 1 Environmental Site Assessment." 2. Report Dated November 13, 2006 prepared by Braun Intertec, entitled "Development Response Action Plan and Construction Contingency Plan D. Copies of reports and drawings itemized in SC- 4.02.0 that are not included with Bidding Documents may be examined at the office of Engineer during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer in the preparation of Drawings and Specifications. 000034 - 04161 -0 00800 -1 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.13 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 insurance. 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 Each Accident $500,000 Disease - Policy Limit $500,000 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 Each Occurrence $1,000,000 Aggregate 000034 - 04161 -0 00800 -2 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS 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. 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 Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section 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 -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division l." 000034 - 04161 -0 00800 -3 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS SC- 6.19.A Delete the words "representation of' in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.13 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 ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 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- 16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC- 16.02. This 000034 - 04161 -0 00800 -4 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS 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. 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- 16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. 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. SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. gives to the other party written notice of intent to submit the claim to a court of competent jurisdiction, or 000034 - 04161 -0 00800 -5 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS 2. agrees with the other party to submit the claim to another dispute resolution process. N� � � i� Z�Z�1 it � I � ► 111 000034 - 04161 -0 00800 -6 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS SECTION 01100 PART 1 GENERAL 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 5700 Winnetka Pond Improvements (Wincrest Pond) for the City of New Hope, Minnesota, S.A.P 182- 109 -04, City Project No. 791. B. Description of Work: Project consists of pond excavation, storm sewer improvements, and street patching in the City of New Hope. 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 Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are not shown on the Drawings. Contractor is responsible for coordinating such a location. 2. Contractor is responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 000034 - 04161 -0 01100 -1 © 2008 Bonestroo SUMMARY B. Access to Site: 1. Hauling access shall be limited to Winnetka Avenue and Sumter Avenue via Bass Lake Road. No construction traffic is allowed on 58 Avenue. Consult with Engineer if alternate route is required. C. Other Work at Site: 1. The restoration for this Site will be completed by others as part of another contract. 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 000034 - 04161 -0 01100 -2 0 2008 Bonestroo SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.03 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01330. PART 2 PRODUCTS Not Used. 000034- 04161 -0 01200 -1 © 2008 Bonestroo PRICE AND PAYMENT PROCEDURES 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 000034 - 04161 -0 01200 -2 © 2008 Bonestroo PRICE AND PAYMENT PROCEDURES 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 Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Greg Plumedahl; 763 -493 -1670, fax: 763- 493 -1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612 -321 -5077, fax: 612 -321 -5480. 6. Telephone: Qwest, Steve Hotvedt; 612- 381 -5031, fax: 612 -381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651- 493 -5316, fax: 651- 493 -5116. C. Owner requires 48 -hours 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 location of utilities and coordination during construction is the responsibility of the Contractor. Final locations of all utilities, per Gopher State One System, will be the responsibility of the Contractor. All costs associated with private utilities coordination shall be incidental to the total Work of the Project. 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. 000034 - 04161 -0 01310 -1 © 2008 Bonestroo PROJECT MANAGEMENT AND COORDINATION 1.03 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Storm water Discharges Associated With Construction Activities NPDES General Permit. 2. Any other permits as required for removals of contaminated materials. Any additional costs associated with contaminated material removal will be paid for via Change Order. 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. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330. 000034 - 04161 -0 01310 -2 0 2008 Bonestroo 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. The 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 of time for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of the Work, maintenance of local traffic, and timely repair of each driveway and yard are critical to the success of the Project. 2. Resident notification of Work directly affecting their property is required for all situations. The Project Inspector may assist with notifying residents. However, it is the responsibility of the Contractor to ensure residents are aware of issues such as access restrictions or parking. 3. Pond excavation shall occur only when the soil is frozen. 4. A report completed by Braun Intertec, titled Phase 1 Environmental Site Assessment, concluded that some contaminated soils may be present within the Project limits. Although contaminated soils are present on Site, they are not anticipated to affect the scope of the Project. The excavated material will have to be tested and verified prior to removal by an independent testing consultant provided by the Owner. Any additional costs incurred by the Contractor as a result of contaminated soils will be paid through a Change Order. Copies of the soil reports can be examined at the office of the Engineer during regular business hours. PART 2 PRODUCTS Not Used. 000034 - 04161 -0 01310 -3 0 2008 Bonestroo PROJECT MANAGEMENT AND COORDINATION 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 000034 - 04161 -0 01310 -4 0 2008 Bonestroo PROJECT MANAGEMENT AND COORDINATION SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 000034 - 04161 -0 01330 -1 0 2008 Bonestroo SUBMITTAL PROCEDURES 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -1/2 inch by 11 inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -1/2 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. 000034 - 04161 -0 01330 -2 0 2008 Bonestroo SUBMITTAL PROCEDURES D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15- percent mark- up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 000034 - 04161 -0 01330 -3 0 2008 Bonestroo SUBMITTAL PROCEDURES 3.05 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 000034- 04161 -0 01330 -4 0 2008 Bonestroo SUBMTTTAL PROCEDURES 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," 2005 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 of laboratory test results or analysis consistent with Section 01330. 011iffixf-M- W4811 A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 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. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 000034 - 04161 -0 01400 -1 © 2008 Bonestroo QUALITY REQUIREMENTS 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 of test, results of tests, 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 of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.09 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. PART 2 PRODUCTS Not Used. 000034 - 04161 -0 01400_2 © 2008 Bonestroo QUALITY REQUIREMENTS PART 3 EXECUTION 01115 UT =11 .. -0 A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 04161 -0 01400 -3 © 2008 Bonestroo 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," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. 1.03 SUBMITTALS A. Construction Staging Plan consistent with 3.03 of Section 01330. Plan shall include the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with 3.03 of Section 01330. Plan shall include the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. 000034- 04161 -0 ' TEMPORARY FACILITIES © 2008 Bonestroo 01500 -1 AND CONTROLS PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 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. 3.04 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 000034 - 04161 -0 TEMPORARY FACILITIES © 2008 Bonestroo O1S00 -2 AND CONTROLS 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.05 TRAFFIC CONTROL A. General: 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct his work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan: 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. C. 2 -way traffic (1 lane in each direction) will be maintained at all times. 000034- 04161 -0 TEMPORARY FACILITIES 0 2008 Bonestroo O1S00 -3 AND CONTROLS d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times f. The Contractor will re- establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light: 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. C. Flashing Strobe Lights - SAE Specification J1318. 000034 - 04161 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -4 AND CONTROLS D. Traffic Control Devices: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 night time inspection shall be made each week 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. 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. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 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. A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.07 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 of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: 000034 - 04161 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -5 AND CONTROLS 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 50 Percent of original contract amount earned — 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned — 100 100 B. A Bid Item has not been provided for dewatering. Dewatering shall be considered incidental to the Project. C. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum: 1. This shall be considered payment in full for all labor, equipment, and materials associated with the required traffic control devices for the entire Project. 2. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. 3. 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 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned — 100 100 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 000034 - 04161 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 7-6 AND CONTROLS SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A. Managing stormwater runoff and other Project related water discharges to minimize sediment pollution during construction. 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," 2005 Edition (MnDOT Spec.). B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01310: 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SVWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E: a. Submitted when requested by the Engineer. 000034 - 04161 -0 TEMPORARY EROSION AND @ 2008 Bonestroo 01570 -1 SEDIMENT CONTROL b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall obtained through the University of Minnesota Erosion Control Inspector/ Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co- submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. Permit coverage will become effective 7 days after the postmarked date of the completed application form. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the Work. Supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. 000034 - 04161 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -2 SEDIMENT CONTROL C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 TEMPORARY CONSTRUCTION ENTRANCE a Rock Construction Entrance: Conform to the Drawings and the following: 1. 2 inches minimum washed rock. 000034 - 04161 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -3 SEDIMENT CONTROL 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. 2.04 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix) A. Conform to MnDOT Spec. 3884. B. Type 8 — Bonded Fiber Matrix. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: In a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. C. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 000034 - 04161 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -4 SEDIMENT CONTROL 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises ( http : / /www.royalenterprises.net /). 4. Pop -up head conforming to MnDOT Spec. 3891.3E. 5. Rock filter as shown on the Drawings. 2.06 TEMPORARY SEED A. Conform to Section 02920. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. 000034 - 04161 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -5 SEDIMENT CONTROL C. Silt Fence: Conform to MnDOT Spec. 2573.3C: 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance: 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. Mulch: 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. 000034 - 04161 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -6 SEDIMENT CONTROL F. Hydraulic Soil Stabilizer (Bonded Fiber Matrix): 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,1001bs per acre. G. Storm Drain Inlet Protection: 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non - functioning devices. 000034 - 04161 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -7 SEDIMENT CONTROL 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. B. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 percent partial payment will be made upon installation and 20 percent payment will be made upon removal and restoration: 1. Silt Fence, Type Machine Sliced: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Inlet Protection: Measurement will be by each. Payment will be made only once per structure. Temporary removal and reinstallation(s) of device to allow for stages of work will be considered incidental. 3. Temporary Rock Construction Entrance: Measurement will be by each. 4. Bonded Fiber Matrix: Measurement will be based upon units of square yards of Bonded Fiber Matrix installed complete in place as specified. If weather conditions prevent the application of Bonded Fiber Matrix, straw mulch may be substituted with Engineer's approval. 000034 - 04161 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -8 SEDIMENT CONTROL 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 000034 - 04161 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -9 SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS 1.01 SECTION INCLUDES A. Requirements for overall execution of the 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 Sections: 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent Work. B. Existing Conditions: Before commencing Work, inspect Work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. 000034 - 04161 -0 01700 -1 © 2008 Bonestroo EXECUTION REQUIREMENTS B. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 000034 - 04161 -0 01700 -2 0 2008 Bonestroo EXECUTION REQUIREMENTS 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue 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, MN 55146 -1173 or by calling (651) 296 -4444. 3.06 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 000034 - 04161 -0 01700 -3 © 2008 Bonestroo EXECUTION REQUIREMENTS SECTION 02225 PART 1 GENERAL 1.01 SECTION INCLUDES NUTUG ' `! 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," 2005 Edition (MnDOT Spec.): 1. 2104 — Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 000034 - 04161 -0 02225 -1 0 2008 Bonestroo REMOVALS 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 02315. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. 000034 - 04161 -0 02225 -2 0 2008 Bonestroo REMOVALS B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. N107. a A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. B. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. 3.05 REMOVE CONCRETE PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.313, except as modified below. B. Sawcut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner 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. 2104.3B, except as modified below. 000034 - 04161 -0 02225 -3 © 2008 Bonestroo REMOVALS 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 (incidental). 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. B. Sawcut concrete surfacing prior to removal (incidental). C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. 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 BITUMINOUS SURFACING A. Work includes street pavement. B. Sawcut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). 000034 - 04161 -0 02225 -4 © 2008 Bonestroo REMOVALS 3.10 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with non - shrink concrete grout at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.11 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. 3.12 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.13 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. 000034 - 04161 -0 02225 -5 © 2008 Bonestroo REMOVALS 3.14 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 of the following Bid Items: 1. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. 2. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. 3. Remove Concrete Sidewalk: Per square foot without regard to thickness. Measurement includes sawing concrete walk at the removal limits. 4. Remove Concrete Curb and Gutter: Per lineal foot. Measurement includes all sawing at removal limits. 5. Remove 36 -Inch Concrete Apron: Per each. 6. Remove Sewer Pipe (Storm): Per lineal foot regardless of size, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. 7. Salvage and reinstall signs will be incidental. 8. Bulkheading and abandoning of existing pipe will be considered incidental to the Project. 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 000034 - 04161 -0 02225 -6 0 2008 Bonestroo 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," 2005 Edition (MnDOT Spec.): 1. 2 101 — Clearing and Grubbing. 2. 2571— Plant Installation. 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 QUALITY ASSURANCE A. Burning: 1. Conform to all local regulations. 000034 - 04161 -0 02230 -1 © 2008 Bonestroo SITE CLEARING 1.06 SITE CONDITIONS A. Work consists of removing trees generally along the easement lot lines designated for utilities. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 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 of this Section. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. The Bid Unit Price will not be adjusted due to a change in the Bid Quantity. D. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. 000034 - 04161 -0 02230 -2 © 2008 Bonestroo SITE CLEARING C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. All depressions resulting from the grubbing operations shall be backfilled in accordance with Section 02315. A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re- spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right -of -way at a location selected by the Contractor. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations: 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. 000034 - 04161 -0 02230 -3 © 2008 Bonestroo 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. 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Clear and Grub. Measurement will be by lump sum for all Project Clearing and Grubbing. Payment will constitute compensation in full for all removal, disposal work, and costs. B. Brush Removal: This work shall be considered incidental to the Project. C. Sod Removal: This work is considered incidental to the other Work of the Contract. D. Windfall /deadfall Removal: This work shall be incidental to the Project with no direct compensation. E. Stripping and Stockpiling of Soil: This work shall be considered incidental to other Work in the Contract. 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 000034 - 04161 -0 02230 -4 © 2008 Bonestroo SITE CLEARING SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES 1.01 SECTION INCLUDES A. Adjustment of utility structures. 1.02 RELATED SECTIONS A. Section 02630 — Storm Drainage. B. Section 02741 — Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 — Specification for Gray Iron Casting. 2. C6 — Specification for Normal Finishing Hydrating Lime (Mortar). 3. C141 — Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 4. C150 — Specification for Portland Cement (Concrete Rings/Mortar). B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2506 — Manholes and Catch Basins. 2. 3733 — Geotextiles. 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. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catchbasins. 000034 - 04161 -0 02280 -1 © 2008 Bonestroo ADJUST MISCELLANEOUS STRUCTURES 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 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 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 maybe added to mixture: maximum amount 15 percent by volume. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers: 1. Requirement: ASTM A48. 000034 - 04161 -0 02280 -2 © 2008 Bonestroo ADJUST MISCELLANEOUS STRUCTURES 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Coal tar pitch varnish. 4. Machine cover and frame contact surface for non - rocking protection. 5. Type and Style: a) NEENAH R1642, Type `B" Lid, or approved equal, for storm sewer manholes. b) NEENAH R3067, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. C) Covers without grate openings stamped with "STORM SEWER" as appropriate. Use 2 -inch letters. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 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. 000034 - 04161 -0 02280 -3 0 2008 Bonestroo ADJUST MISCELLANEOUS STRUCTURES B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps: a. Mortar Thickness: 1/4 to 1/2 inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch 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. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. 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. 000034 - 04161 -0 02280 -4 © 2008 Bonestroo ADJUST MISCELLANEOUS STRUCTURES 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. 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. 3.05 MEASUREMENT AND PAYMENT A. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and ring castings in this Contract are considered incidental to the installation of the manhole. 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 000034 - 04161 -0 02280 -5 0 2008 Bonestroo ADJUST MISCELLANEOUS STRUCTURES SECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways, foundations, channels, ponds, and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02318 - Subgrade Preparation. D. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 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. 2. Common Excavation: Will include all excavation below the grading grade. Other excavations directed by Engineer, such as subgrade excavation, shall be included as common excavation. 000034- 04161 -0 02315 -1 © 2008 Bonestroo EXCAVATION AND FILL 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Complete subgrade for streets and walks 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 (Modified): Conform to the following gradation requirements: Sieve Size Percent Passim #40 0 to 40 #200 0 to 5 PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01570 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. 5. Strip topsoil consistent with Section 02230. 000034 - 04161 -0 02315 -2 © 2008 Bonestroo EXCAVATION AND FILL 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.313, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 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. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 21053C, 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. Remove muck excavation material by utilizing a backhoe so as to minimize disruption to the bottom of the excavation. 4. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 5. No solid rock will be allowed within 12 inches of the subgrade. 6. Provide and maintain temporary drainage facilities until permanent facilities are completed. 7. Cut, fill, and grade 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. 2105.31), or as modified herein: 1. Strip topsoil consistent with Section 02230. 2. No disposition of bituminous millings will be permitted, unless thoroughly mixed with other on Site materials. 000034- 04161 -0 02315 -3 © 2008 Bonestroo EXCAVATION AND FILL 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.317, 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 subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of 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. 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. A Bid Item has been provided for Common Excavation. Measurement will be by volume of material (cubic yard) in its original position. Measurement will be made by truck count. Payment includes removing, hauling, disposal, and all other costs associated with this Bid Item. MnDOT's conversion of 1.3 LV = 1 CV will be used to convert the truck quantities from loose volume to compacted volume. Coordinate hauling operation with Engineer prior to starting excavations and hauling. Payment will not be made for material hauled if Engineer is not given sufficient time to arrange for monitoring of hauling operations. 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 000034 - 04161 -0 02315 -4 0 2008 Bonestroo EXCAVATION AND FILL SECTION 02318 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade 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," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course and concrete curb and gutter. B. Complete subgrade for streets and walks immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross - section. 000034 - 04161 -0 02318 -1 © 2008 Bonestroo SUBGRADE PREPARATION B. Includes shaping, compacting and tolerancing of the aggregate base material. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1. 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 subgrade preparation. Subgrade preparation and all related work shall be considered incidental to the Project with no direct compensation made therefor. 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 000034 - 04161 -0 02318 -2 0 2008 Bonestroo SUBGRADE PREPARATION SECTION 02320 TRENCH EXCAVATION AND BACKFILL PART 1 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. B. Section 02630 - Storm Drainage. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 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. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- lbf /ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01310: 1. Product Data for each Borrow Material: a. Name and location of source. 000034 - 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -1 AND BACKFILL b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around draintile pipe. E. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. 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 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 manner acceptable to the Owner at the Contractor's expense. 000034 - 04161 -0 TRENCH EXCAVATION 0 2008 Bonestroo 02320_2 AND BACKFILL PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Reinforced Concrete Pipe (RCP): 1. Class C -1 Bedding: a. Undisturbed soil. 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 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.2H. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.213 1 for Granular Borrow: 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. 000034- 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -3 AND BACKFILL B. Re- inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify utility owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing 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 cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation: 1. Excavate trench to alignment and grade shown on the Drawings. 000034 - 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -4 AND BACKFILL .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 manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control: 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom: 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 000034 - 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -5 AND BACKFILL 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material: a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. C. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C -1 Bedding. B. 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. 000034- 04t61 -0 TRENCH EXCAVATION 0 2008 Bonestroo 02320 -6 AND BACKFILL C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 1 C• 14 a 1 w.02' I a WAS ►1 A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED 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 adjacent 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 Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. 000034 - 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -7 AND BACKFILL B. .Failed density test areas shall be excavated and re- compacted until the density requirements are met. 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. Costs for this Work are to be included in the Bid Unit Price 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 000034 - 04161 -0 TRENCH EXCAVATION © 2008 Bonestroo 02320 -8 AND BACKFILL SECTION 02630 1.01 SECTION INCLUDES A. Storm sewer pipe, manholes, catch basins, 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. D. Section 02720 - Aggregate Base Course. E. 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. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 3. C150 - Specification for Portland Cement. 4. C206 - Specification for Finishing Hydrated Lime. 5. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 6. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 7. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 8. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 000034 - 04161 -0 © 2008 Bonestroo 02630 -1 STORM DRAINAGE 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 and Section 02770. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 0 13 10. B. Submit Manufacturer's Certificate of Compliance for the following items: 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. 000034 - 04161 -0 © 2008 Bonestroo 02630 -2 STORM DRAINAGE 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STORM SEWER." D Covers with 2 concealed pick holes of approved design. E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. 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. O -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. 2.05 TRASH GUARDS A. General Requirement: ASTM A153. B. Materials: Galvanized steel rods meeting the requirements in ASTM A153. 000034- 04161 -0 02630 -3 © 2008 Bonestroo STORM DRAINAGE C. Bar size and configuration as shown on the Drawings. D. Securely attached to end section. CI' GGM A. General Requirement: Conform to MnDOT Spec. 2511: 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Conform to MnDOT Spec. 3601. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to MnDOT Spec. 2461. PART 3 EXECUTION C 1 ':M'INIAN 19021 A. Trench Excavation and Backfill shall conform to Section 02320. 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 Existing Pipe to Storm Structure: 1. Connect to existing pipe at locations shown on the Drawings. 2. Take care not to damage existing pipe. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 3. Utilize standard bell and spigot joint with rubber o -ring gasket if possible. 4. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be a minimum of 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. 000034 - 04161 -0 © 2008 Bonestroo 02630 -4 STORM DRAINAGE 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. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. 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. 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. 000034 - 04161 -0 02630 -5 © 2008 Bonestroo STORM DRAINAGE 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. Install in the most appropriate place, to provide 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. D. Rip Rap: 1. General: Conform to MnDOT Spec. 2511. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. 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. 000034 - 04161 -0 © 2008 Bonestroo 02630 -6 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. 000034 - 04161 -0 02630 -7 © 2008 Bonestroo STORM DRAINAGE 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01570. 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. 2. Improved pipe foundation material, if necessary, shall be per Section 02320. B. Bid Items have been provided for Construction Drainage Structure. Measurement will be based upon units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. C. Bid Items have not been provided for Structure Overdepth. Structure Overdepth will be considered incidental to the Construction Drainage Structure Bid Item. D. Bid Items have been provided for RCP Apron. Measurement will be based upon units of each size installed at locations indicated in the Drawings complete in place as specified, including trash guard, excavation, backfilling, and compaction: 1. Where a sewer line is terminated with a flared end section, tying the last 3 joints as specified is considered incidental to the installation of the pipe. E. A Bid Item has been provided for Random Rip Rap. Measurement will be based upon units of cubic yards of Random Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 000034 - 04161 -0 © 2008 Bonestroo 02630 -8 STORM DRAINAGE F. A Bid Item has been provided for Connect Existing Pipe to Storm Structure. Measurement shall be per each connection made, regardless of type of existing pipe or type of connection made. Payment will include all costs related to making the connection, including construction of concrete collar if necessary. G. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 04161 -0 © 2008 Bonestroo 02630 -9 STORM DRAINAGE SECTION 02720 AGGREGATE BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared subgrade. 1.02 RELATED SECTIONS A. Section 02318 - Subgrade Preparation. B. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. [KIl�►Yil: ►I�IIIMIL:�� A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 000034 - 04161 -0 AGGREGATE BASE COURSE © 2008 Bonestroo 02720 -1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 02318. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3: 1. Compact by mechanical means to 100 Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 000034 - 04161 -0 AGGREGATE BASE COURSE © 2008 Bonestroo 02720 -2 1. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 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 000034 - 04161 -0 AGGREGATE BASE COURSE © 2008 Bonestroo 02720 -3 SECTION 02741 PLANT MIXED ASPHALT PAVEMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt - aggregate mixtures for wearing and non - wearing pavement courses. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02720 — Aggregate Base Course. B. Section 02770 — Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2357 - Bituminous Tack Coat. 2. 2360 - Plant Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory/Marshall Design) Specification) as modified by Bonestroo. A copy of this Specification is available by calling Bonestroo at 651 - 636 -4600 or at: http• / /www bonestroo com/ Documents/ PlantMixedAsphaltPavement/tabid /242/Default.aspx 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 1. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360.4F. 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. 000034 - 04161 -0 0 2008 Bonestroo 02741 -1 PLANT MIXED ASPHALT PAVEMENT B. The Contractor shall provide a 1 week notice for scheduling. Inspection will be coordinated with other inspections at the Site. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 02280. D. Bituminous Patch shall be completed no earlier than 3 days after curb installation, but within 1 week of curb installation. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the typical Section Detail Drawing and the Bid Form: 1. Residential Streets - Low Volume - LVNW35030B. - LVWE45030B. 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. Sewage Sludge Ash (SSA) (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. 2357: a. Emulsified Asphalt, Cationic, CSS -1 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. 000034 - 04161 -0 © 2008 Bonestroo 02741-2 PLANT MIXED ASPHALT PAVEMENT F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein: 1. Quality Control Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4 -E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4 -E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer. Testing rates will not exceed Table 2360.4 -D and 2360.4 -E. PART 3 EXECUTION 3.01 GENERAL A Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. C. The bituminous patch shall match the thickness of the existing bituminous. Lifts shall not exceed 2 inches. D. Preparation of Bituminous Prior to Final Lift: 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 in Section 02280. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: 1. All 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. 000034 - 04161 -0 © 2008 Bonestroo 02741 -3 PLANT MIXED ASPHALT PAVEMENT 3. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat, is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 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 to lack of notification or signage 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 PAVEMENT DENSITY 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. 000034 - 04161 -0 © 2008 Bonestroo 02741 -4 PLANT MIXED ASPHALT PAVEMENT B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Delete Section 2360.7C Pavement Smoothness. 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 not been provided for bituminous material for Tack Coat: 1. If the Base Course and Wear Course are not completed simultaneously, then the application of Tack Coat between the lifts shall be considered incidental to the placement of the pavement. 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 Bonestroo Modified MnDOT Combined 2360/2350 (Gyratory/Marshall 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. 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 000034 - 04161 -0 © 2008 Bonestroo 02741 -5 PLANT MIXED ASPHALT PAVEMENT SECTION 02770 CONCRETE CURB AND GUTTER PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast -in -place concrete curbs, and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02741 - Plant Mixed Asphalt Pavement. C. Section 02775 — Concrete Walks 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," 2005 Edition (MnDOT Spec.): 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3 101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 -Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 day and two 28 day concrete cylinder test results for all concrete pours in any given day. B. Submit design mix for each concrete mix designation used. 000034 - 04161 -0 © 2008 Bonestroo 02770 -1 CONCRETE CURB AND 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, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3 10 1: 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. B. Pre - Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. 000034 - 04161 -0 0 2008 Bonestroo 02770 -2 CONCRETE CURB AND GUTTER C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base: 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 02720. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313, 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. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31), except as modified herein: 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 inches coverage on all sides: a. Placement at catch basins conform to the details on the Drawings. 000034 - 04161 -0 © 2008 Bonestroo 02770 -3 CONCRETE CURB AND GUTTER b. Placement at service line trenches conform to the detail on the Drawings. 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 be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 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 curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Initial Backfilling: a. Follow the 72 hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 000034- 04161 -0 © 2008 Bonestroo 02770 -4 CONCRETE CURB AND GUTTER 2. Final Grading: a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 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. No separate measurement or payment for modifications at curb ramps, transition sections, driveways, catch basins, radii, etc. 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 000034 - 04161 -0 © 2008 Bonestroo 02770.5 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE WALKS AND DRIVEWAYS PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast -in -place concrete walkways and driveways. 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 02741 - Plant Mixed Asphalt Pavement. 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," 2005 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. 1.04 SUBMITTALS A. Submit one 7 day and two 28 day concrete test results for all concrete pours in any given day. B. Submit design mix for each concrete mix used. 000034- 04161 -0 CONCRETE WALKS © 2008 Bonestroo 02775 -1 AND DRIVEWAYS 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. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. D. Sub -Grade Base Material: 1. Select Granular Material: Conform to Section 02315. 2. Aggregated Base: Conforming to Section 02720. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway and driveways at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. 000034 - 04161 -0 CONCRETE WALKS © 2008 Bonestroo 02775 -2 AND DRIVEWAYS D. .Verify locations with Engineer in the field prior to construction. E. 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. F. 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 or Section 02318. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. K1INEIM61 > >��•� 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. Match joints of adjacent concrete work. 3.05 PLACING AND FINISHING A. Conform to MnDOT Spec. 25213C1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with 'a 10 foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable Work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 000034 - 04161 -0 CONCRETE WALKS © 2008 Bonestroo 02775 -3 AND DRIVEWAYS 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein: 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane- curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.30a 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. 3.07 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. 3.08 MEASUREMENT AND PAYMENT A Bid Item for 4 Inch Thick Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. C. Placement of materials. d. Finishing. 000034- 04161 -0 CONCRETE WALKS © 2008 Bonestroo 02775 -4 AND DRIVEWAYS e. Curing and protection. f. Reinforcement. g. Backfilling. h. Excavation. 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 000034 - 04161 -0 CONCRETE WALKS 0 2008 Bonestroo 02775 -5 AND DRIVEWAYS SECTION 02920 LAWNS AND GRASSES PART 1 GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02315 - Excavation and Fill 111111me : _ 0_ A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2003 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01310. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. 000034 - 04161 -0 0 2008 Bonestroo 02920 -1 LAWNS AND GRASSES PART 2 PRODUCTS 2.01 TOPSOIL: Select Topsoil Borrow conforming to MnDOT Spec. 3877.2B. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP) 2.03 SEED: Conform to MnDOT Spec. 3876. A. Temporary: MnDOT Seed Mixture 100 (Winter Wheat). 2.04 MULCH: Conform to Section 01570. 2.05 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix): Conform to Section 01570. PART 3 EXECUTION 1 � 1 � • A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. D. Delivery: 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 000034 - 04161 -0 © 2008 Bonestroo 02920 -2 LAWNS AND GRASSES .2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. E. Storage: 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.21bs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. ft.). 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 MULCH: Conform to Section 01570. 3.05 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix) A. Conform to Section 01570. 3.06 MAINTENANCE A. 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. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 000034 - 04161 -0 © 2008 Bonestroo 02920 -3 LAWNS AND GRASSES 3.07 INSPECTION AND ACCEPTANCE A. Seeding work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. C. Seed evaluation shall be based on at least one species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Seed Mixture. Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, watering, and all correlated activity. B. A Bid Item has been provided for Select Topsoil Borrow (LV). Measurement will be based upon units of cubic yards of material (loose volume) furnished and placed complete in place as specified. The actual quantity installed multiplied by the 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 000034 - 04161 -0 0 2008 Bonestroo 02920 -4 LAWNS AND GRASSES Mn/DOT SD -15 (Rev. 3 -2005) MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF MATERIALS ENGINEERING Federal Aid, State Funds, County/Municipal Federal Aid Projects and State Aid Projects This schedule outlines the minimum sampling and testing required for most materials used in highway construction. Some items that are rarely used or materials of recent development are often covered by special provisions and may not be shown on the schedule. For more information regarding contract requirements for testing, please reference the "Standard Specifications for Construction "; Specification 1603 Materials: Specifications, Samples, Tests, and Acceptance. When sample sizes required for testing exceed 35 pounds, please submit multiple containers of the material with no individual container weighing more than 35 pounds. Small quantities of materials may be accepted without sampling and testing. A small quantity is defined as any total quantity, for the whole project, of one material, which is smaller than the minimum quantity required for testing unless modified by the individual material items. These materials shall be from known, reliable sources, perform satisfactorily and meet the requirements for purpose intended. The inspection report (Form 2415) should include a statement to this effect and show the source. Form 2403 may be used to report small quantities of diverse materials from different sources. Form 2415 and Form 2403 (or approved revisions) are referenced in the Schedule of Materials Control for project record documentation and are required to be maintained in the project file. Where items of small quantity are used in a critical location or significantly influence the safety, performance, strength or durability of major construction items, prior approval for their use without testing must be obtained. Previously approved materials transferred from another project should be reported on Form 2415. The report should include: type of material, quantities involved, source, and supplier of materials. Whenever possible, include the project number for which the material was originally approved. A TELEPHONE INDEX is included with the Schedule giving the numbers of contact persons if further information is required regarding the various materials. A website (www.mrr.dot.state.mn.us) has been established for the Office of Materials. The contributing units to the Materials Control Schedule from the Pavement Engineering Section are the Bituminous Engineering Unit, the Concrete Engineering Unit, and the Grading & Base Unit. The Materials Engineering Unit contains the Approved Products and the Certified Products and Services List, as well as, the Materials Control Schedule. PLEASE CONTACT THE Mn/DOT DISTRICT INDEPENDENT ASSURANCE INSPECTOR WHEN PROJECT STARTS TO PROVIDE THE PROPER SERVICING OF YOUR PROJECT. INDEX Materials Control Schedule I. Grading and Base Construction Items II. Bituminous Construction Items for Specification 2360 III. Sealcoat Construction Items for Specification 2356 IV. Concrete Construction Items V. Landscaping and Erosion Control VI. Chemical Items VII. Metallic Materials and Metal Products VIII. Miscellaneous Materials IX. Geosynthetics, Pipe, Tile, and Precast /Prestressed Concrete X. Brick, Stone, and Masonry Units XI. Electrical and Signal Construction Items Page 1 thru 4 Page 5 thru 10 Page 11 thru 14 Page 15 thru 23 Page 24 thru 27 Page 28 and 29 Page 30 and 31 Page 32 Page 33 thru 36 Page 37 Page 38 and 39 TELEPHONE INDEX FOR SCHEDULE OF MATERIALS CONTROL Section Page Section Name Contact Phone Part I Page 1 Grading & Base Tim Andersen (651) 779 -5609 Cary Efta (651) 779 -5332 Website: www.mrr.dot.state.mn.us/ pavement /GradingandBase /gradingandbase .asp Part II Page 5 Bituminous - Spec. 2360 John Garrity (651) 779 -5577 Part II B 4 Page 7 Asphalt Binder Jim McGraw (651) 779 -5548 Website: www.mrr. dot. state. mn. us /pavement/bituminous/bituminous .asp Part III Page 11 Seal Coating — Spec 2356 Jerry Geib (651) 779 -5568 Part IV Page 15 Concrete — Aggregates and Mix Design Wendy Garr (651) 779 -5335 Concrete — Certified Ready Mix Wendy Garr (651) 779 -5335 Concrete — Paving Maria Masten (651) 779 -5572 Concrete — Bridges Ron Mulvaney (651) 779 -5575 Website: www.mrr. dot. state. mn. us /pavement /concrete /conerete.asp Changed Title of Agricultural Items to Landscaping and Erosion Control Items Part V Page 24 Landscaping and Erosion Control Items Erosion Control Leo Holm (651) 284 -3766 Landscaping Scott Bradley (651) 284 -3758 Part VI Page 28 Chemical Items Jim McGraw (651) 779 -5548 Dave Iverson (651) 779 -5550 Part VII Page 30 Metallic Materials and Metal Products Sampling Terry Beaudry (651) 779 -5610 Test Results Laboratory (651) 779 -5560 Bridge Structural Metals Todd Niemann (651) 747 -2132 Part VIII Page 32 Miscellaneous Materials Sections Ithru 3 Terry Beaudry (651) 779 -5610 Section 4 Todd Nieman (651) 747 -2132 Test Results Laboratory (651) 779 -5560 Part IX Page 33 Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete Sections 1 thru 5 and 8 thru it Steve Grover (651) 779 -5540 Sections 6, 7 Terry Beaudry (651) 779 -5610 Section 12 Randy Tilseth (651) 779 -5604 Section 13 Leo Holm (651) 284 -3766 Test Results Laboratory (651) 779 -5560 Part X Page 37 Brick, Stone and Masonry Units/ Modular Retaining Wall Blocks Sections 1, 2A & 4 Terry Beaudry (651) 779 -5610 Section 2B Blake Nelson (651) 779 -5599 Section 3 Steve Grover (651) 779 -5540 Test Results Laboratory (651) 779 -5561 Part XI Page 38 Electrical and Signal Construction Items Ray Starr (651) 284 -3434 Sections 1, 8 -11 Steve Grover (651) 779 -5540 Section 2 Wendy Garr (651) 779 -5335 Section 3 Terry Beaudry (651) 779 -5610 Sections 4 -7 Laboratory (651) 779 -5560 Test Results Mn/DOT SD -15 March 2005 Page 1 I. GRADING AND BASE CONSTRUCTION ITEMS (www.mrr. dot. state. mn. us / pavement /GradingandBase /gradingandbase.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Form Minimum Required Minimum Required Minimum N0 ' Contractor Quality Agency Required individual Material Spec. Control Testing (QC) Acceptance Testing Laboratory Sample No. (See (Production Testing (QA) Testing Size Note 6) Rate) (Field Testing Rate) (See Note 1) Metric English Metric English Metric English 1. GRADATION 3138 02115 -03, 1/1,000 t 1/1,000 ton Random Sampling 1 per source 10 -15 kg 25 lb. (5- 692.210 to .215) & 02154 -02, Gradation Acceptance (a) Aggregate Surfacing Special 4346 -02, or or Method (Salvage Bit. (2118) Provisions & (See Spec. 2211.31 See Note 3) (b) Aggregate Base 21760 -03a 1/460 m 11550 yd' & (2211) (CV) (CV) (5- 692.700) (c) Aggregate Shoulders (2221) (d) Stabilizing Aggregate 3149 (2105) & Special Provisions (e) Open Graded Special 02115 -03, 1 per source 1 /1,000 t 1 /1,000 ton or 1 per source 10 -15 kg 25 lb. Aggregate Base (OGAB) Provisions 24346 -02, before placing or 11550 Yd & on project 1/460 m3 (CV) 21760 -03a (CV) (See Note 2) Contractor is (See Note 2) encouraged to perform (f) Granular Borrow 3149 additional tests for Less than Less than I per source 10 -15 kg 25 lb. Select Granular & process control. 115,000 m3 150,000 Yd Borrow (2105) Special (CV) (CV) (Salvage Bit. Provisions 1/8,000 m3 1 /10,000 Yd 3 See Note 3) 150,000 Yd 115,000 m (CV) or more (CV) or more 1/20,000 Yd 1115,000 m (See Note 2) (See Note 2) (g) Bituminous 2331 02115 -03, 1 /5,000 m z 1/6,000 Yd 1/10,000 m 1/12,000 Yd None None Pavement & 02402 -03, Reclamation Special & (See Note (See Note (Full Depth Provisions 21760 -03a 4) 4) Reclamation) (h) Granular Filter 3601 02115 -03, 1 per source 1 per source 1 per source 10 -15 kg 25 lb. & 21760 -03a before placing Special & on project (See Note 2) Provisions 24346 -02 Contractor is encouraged to perform additional tests for process control. Mn/DOT SD -15 March 2005 Page 2 SCHEDULE OF MATERIALS CONTROL I. GRADING AND BASE CONSTRUCTION ITEMS (Cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Contractor Quality Agency Minimum Individual Spec. Form Control Testing Acceptance Testing Required Sample Material No. No. (QC) Laboratory Size (Production Testing (Field Testing Rate) Testing (See Rate) (See Note 1) Note 6) Metric I English Metric English Metric English (i) Granular Backfill (2451) 0) Aggregate Backfill 1 per source 1 per source (2451) 2115 -03, before placing on project (Salvage Bit. k Granular Bedding () g 21760 -03a 1 per source See Note 3) (2451) 3149 & Contractor is 10 -15 kg 251b (1) Aggregate Bedding 24346 -02 encouraged to perform (See Note 2) (2451) additional tests for (m) Coarse Filter (2451) process control. (n) Fine Filter (2502) 1 per source (o) Sand Cover (2206) 2. MOISTURE - DENSITY TEST One sample (Required for Specified 1/40,000 t 1/40,000 ton Density) (Proctor) 2211 or 1/18,400 m or 1/22,000 Yd' minimum and additional (5- 592.221 &.222) Contractor encouraged form per ts (per source) (per source) samples as required (a) Aggregate Base 2221 24587 -01 es for proctor tes 25 -30 kg 50 lb. (b) Aggregate Shoulder process control. Two samples per project (c) Embankment Soil 2105 1 per major soil and additional samples as required 3. RELATIVE DENSITY TEST (Required for Specified 2211 1/1,800 t 1/1,800 ton density) (5- 692.251) 2221 Contractor is or 1/800 m or 1 /1,000 Yd' () gg g ate Base (a) re 2207 02115 -03 encouraged to perform (CV) (CV) (b) Aggregate & density tests for Shoulder 21760 -03b process control. None None (c) Embankment Soil 2105 (Excavation & Borrow) & 1/3,000 m 1 /4,000Yd Special (CV) (CV) Provisions 4. Penetration Index 2 DCP DCP tests /1,80 Method (DCP) 02115 -03, Contractor is tests /1,800 t ton (5- 692.255) 2170 -02, encouraged to perform or (a) Aggregate Base 2211 & DCP tests for process 800 m 3 or 3 1, (b) Aggregate 2221 21760 -03b control. (CV) (C (CV) ) shoulders Mn/DOT SD - 15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 3 I. GRADING AND BASE CONSTRUCTION ITEMS (Cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. v i Material Spec. Form Minimum Minimum Required Minimum Individual No. No. Required Agency Required Sample Contractor Quality Acceptance Testing Laboratory Size (See Control Testing (QA) Testing Note 6) (QC) (Production (Field Testing Rate) (See Note 1) Testing Rate) Metri,7 English Metric English Metric English (Continued) 2331 02115 -03, Contractor is 2 DCP tests/ 2 DCP tests/ None None 4. Penetration Index Method & 2170 -02, encouraged to 5,000 m 6,000 Yd (5- 692.255) (DCP) Special & perform DCP tests (c) Bituminous Pavement Provisions 21760 -03b for process Reclamation (Full Depth control. Reclamation) (d) Fine Filter Aggregate 2331 & See Special Provisions (Edge Drains) Special Provisions 5. RELATIVE 02115 -03 Contractor is A minimum of A minimum of MOISTURE (Required & encouraged to 1/1,800 t 1/1,800 ton or or Specified Density) 21760 -03b perform moisture or 1 /800m 1 /1,000 yd or (5- 692.253) tests for process or 10 tests 10 tests (a) Aggregate Base 2211 control. whichever is whichever is (b) Aggregate Shoulder 2221 less less (c) Embankment Soil 2105 1/3,000 m3 1/4,000 Yd (Excavation & Borrow) (CV) (CV) 6. Moisture Content, (DRY Contractor is A minimum of A minimum of WEIGHT) encouraged to 1/1,800 t 1/1,800 ton or (Required for Quality perform moisture or 1/800m 1 /1,000 yd or compaction & Penetration tests for process or 10 tests 10 tests Index Method) control. whichever is whichever is (5- 692.245) less less (a) Aggregate Base 2211 (b) Aggregate Shoulder 2221 (c) Bituminous Pavement 2331 & 1 15,000 m 1/6,000 Yd' Reclamation (Full Depth Special Reclamation) Provisions 7. Percent Crushing 3138, 02463 Belt Sample Once (a) Belt Samples 3149 & & Per Day, or (5- 692.203) Special Provisions 24346 -02 (b) Particle Count Particle Count One per Source (5- 692.204) One Per Source 8. AGGREGATE 3138 & Contractor is None 1 per 10 -15 kg 25 lb. (Quality Tests) Special encouraged to source (See (See Provisions perform aggregate Note 5) Note 5) quality tests for process control. Mn/DOT SD -15 March 2005 Page 8 SCHEDULE OF MATERIALS CONTROL II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (All bituminous mixtures are from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. 5. Mixture Properties (QC /QA, Verification *) (Maximum Gravity, Marshall Bulk Gravity - 3 Specimen Average, Gyratory Bulk Gravity - 2 Specimen Average) OC Testing 1 per 450 metric tons (500 tons) per mix blend for first 1,800 metric tons (2,000 tons) of mixture produced. Divide planned production by 1,000; round up to determine testing rate. Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. REMARKS: See Note #2 & Note #3 Calibration factors shall be established regarding reheated samples. OA Testing Companion samples to QC samples set aside for 7 working days and tested as needed. The agency representative shall observe at least one QC test per day. *Verification Testing Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. Verification testing to include the following Mixture Properties: Maximum Gravity, Marshall Bulk Gravity - 3 Specimen Average or Gyratory Bulk Gravity - 2 Specimen Average, air voids, VMA, % crushing, asphalt binder content, and gradation. The verification companion shall also be tested for CAA and FAA at a rate of 1 test per week if the CAA and FAA exceed the requirements by 8% and 5% respectively otherwise test daily. An Agency representative will take 1 verification sample per mixture blend per day for Mn/DOT laboratory testing. A verification companion sample will be given to contractor for QC testing. 6. Core Density and Thickness QC Testing Production/lot testing rate requirements. Daily Production Metric Ton English (ton Lots 270* — 545 300* — 600 1 546-910 (601-1000) 2 911 -1455 1001 — 1600 3 1456 —3275 1601 — 3600) 4 3276 —4545 3601 — 5000 5 4546 + (5001+) 6 *When mix production is less that 270 metric tons (300 tons), establish 1 lot when accumulative tonnage exceeds 270 metric tons (300 tons). Core locations determined and marked by Agency. The Contractor shall schedule the approximate time of testing during normal project work hours so that the Agency may observe and record the saturated surface dry and immersed weight of the cores. REMARKS: Sawing of cores into separate lifts is required. Contractor is required to have a saw capable of separating the core lifts without damaging the material. QA Testing 1 companion core per lot. Core locations determined and marked by Agency. Agency representative observes all Contractor coring, sawing and testing, and takes possession of Mn/DOT cores after sawing. Agency cores shall be transported and tested at the Laboratory (Agency field or District/Division) as soon as possible to prevent damage due to improper handling or exposure to heat. A completed coring log shall be submitted to the Laboratory (Agency field or District/Division). 7. Aggregate Specific Gravity (QC /QA) QC Samgling_ 1 per 9,000 metric tons (10,000 tons). Tested by Contractor, if requested by Project Engineer. QA Testing_ Companion sample to QC sample shall be submitted to the District/Division Materials Lab and tested as needed. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 9 II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (All bituminous mixtures are from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. 8. Tensile Strength Ratio (T.S.R.) (QC /QA) OC Sampling 1 in the first 5,000 tons or by the second day of production, whichever comes first, then 1 per 20,000 metric tons (22,000 tons). If the Materials Engineer requires the samples to be tested, both the Contractor and the Department will be required to test these samples within 72 hours after they are sampled. OA Testing Companion sample to QC sample shall be submitted to the District/Division Materials Lab and tested as needed. 9. BITUMINOUS MATERIALS Only Bituminous Materials from Certified Sources are allowed for use. The most current list of Certified Sources can at http://www.mrr.dot.state.nm.us/materials/at)prprod.asi) SAMPLE SIZE: 1 L (1 qt) for Asphalt Binder (QA) 2 L ( gal) for Asphalt Emulsion (QA) Spec. Quality Control Quality Assurance Form No. (QC) (QA) No. Asphalt Binder 3151 QC testing is the State inspector observes 2413 responsibility of the contractor personnel Asphalt Sample bituminous material taking sample. Sample Identification Card supplier. Random first shipment of each sampling is arranged by grade of material at the the Mn/DOT Chemical start of a plant's Laboratory. production each year or after set -up of a portable plant. Thereafter, submit one sample per 1,000 m (250,000 gal). Sample asphalt binder in 1 clean I L (Qt) steel container. Asphalt Emulsion Sample first shipment, then submit one sample per 200 m ((50,000 gal.). Sample asphalt emulsion in plastic container with wide screw top and immediately send to Mn/DOT Chemical Lab. Cutback Asphalt Cutback Asphalt should only be used in cold temperature applications with the Engineer's approval. Contact Bituminous Office for cold temperature application guidelines. Pressure fit cans for cutback asphalt. 10. Moisture Content in Mixture (QC only) QC Testing Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer and tested according to the procedures in the Bituminous Manual (5- 693.950). Moisture contents above 0.3% are not allowed. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 10 II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (All bituminous mixtures are from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. NOTE #1. Projects with bituminous tonnage less than or equal to 272 metric tons (300 tons) per day may be accepted on a small quantity basis at the discretion of the Engineer. Retain Form 2415 or Form 2403 in Project File. NOTE #2. All QA test samples shall be from split samples. If a member of the monitoring team observes the Contractor Test, note and sign under remarks. The Project Engineer is responsible for: 1.) Reviewing control charts for accuracy and completeness. 2.) Checking sampling and testing procedures. 3.) Discussing QC problems with the Contractor. 4.) Obtaining Verification Samples. 5.) When additional testing is necessary, collect QA samples which have been acquired and retained by the Contractor and /or additional verification samples. NOTE #3. For process control testing, acceptance will be based on Contractor's test results as verified by Mn/DOT test results. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 11 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS A. (2356) Bituminous Seal Coat B. (2356) Seal Coat - Macro - Surfacing C. (2356) Micro - Surfacing DEFINITIONS Sample Type Description Sample Location Sample Taken By Sample Tested By Determined By Definitions from 23 CFR 637.203 QA All those planned and systematic actions necessary to Quality Assurance provide confidence that a product or service will satisfy given requirements for quality QC All contractor /vendor operational techniques and Contractor Contractor Contractor Quality Control activities that are performed or conducted to fulfill the contract requirements. Verification Sampling and testing performed to validate the Agency Agency Agency sampling and quality of the product. testing WDOT Definition IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or assures testers are sampling and testing properly and Agency Agency that equipment is calibrated correctly. Should unique circumstances arise on a project which makes the quantities or rates of testing materials impractical, they may be revised prior to performing the work by contacting the Pavement Management Unit and obtaining their approval. The testing rates shown are only minimums. Mn/DOT SD -15 March 2005 Page 12 SCHEDULE OF MATERIALS CONTROL III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. (2356) BITUMINOUS SEAL COAT SAMPLE SIZE: Mix Design: 150 lbs. Spec. Quality Control Verification Form Test Type No. (QC) No. Seal Coat 2356 One per source Verify all QC results and review mix design. Mix Design Gradation and Average gradation during production. Aggregate Qualities % Shale Static Stripping Test Flakiness Index Los Angeles Rattler Aggregate design application rate Bit. Material design application rate Loose unit mass (weight) of the aggregate Bulk specific gravity of the aggregate Seal Coat Test for gradation. One per day, or one per Test for gradation. One per day, or one per Aggregate 1360t (1500 tons), whichever is greater. If a 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this temporary stockpile is used, test at this location. location. Stockpile Production Sample for gradation. One per day. Test if Sample for gradation. One per day. Test if Gradation required by the Engineer. required by the Engineer. Construction Bituminous Material For Seal Coat Quality Application rate Use a Certified Source. Verify the application rate daily by dividing the volume used by the area covered. Sample the first load. One Sample for every 200m' (50,000 gal.) (approx. 200 ton). For Fog Seal Quality Application rate One sample to test for dilution rate. Use a certified source. Verify the application rate daily by dividing the volume used by the area covered. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 13 III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. (2356) SEAL COAT — MACRO - SURFACING SAMPLE SIZE: Mix Design: 150 lbs. Test Type Spec. Quality Control (QC) Verification Form No. No. Macro - surfacing 2356 One per source Verify aggregate properties. Mix Design. Average gradation during production. Gradation and Fractured faces Aggregate Qualities Flakiness Index Micro -Deval Deleterious materials Absorption Emulsion Sweep test Sweep test is not verified by Mn/DOT Sieve test Viscosity Residue from Distillation Oil distillate by volume of emulsion Tests on Base Penetration Asphalt Elastic recovery Mix Design Aggregate design application rate Design is accepted by Mn/DOT Bit. Material design application rate Loose unit mass (weight) of the aggregate Bulk specific gravity of the aggregate Penetration results of emulsion Macro - surface Test for gradation. One per day, or one per Sample for gradation. One per day. Aggregate 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this Stockpile location. Production Sample for gradation. Two per day. Report Construction results within two hours. Bituminous Use a Certified Source. Sample the first load. One Sample for every material 200m (50,000 gal.) (approx. 200 ton). For Macro - surface Verify the application rate daily by dividing the volume used by the area covered. Quality Application rate Use a certified source. For Fog Seal Verify the application rate daily by dividing Quality the volume used by the area covered. Application rate One sample to test for dilution rate. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 14 III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. (2356) SEAL COAT - MICRO- SURFACING SAMPLE SIZE: Mix Design: 150 lbs. Spec. Quality Control Verification Form Test Type No. (QC) No. Micro- surfacing 2356 One per source Verify all QC results and review mix design. Mix Design Gradation and Average gradation during production. Aggregate Qualities Sand Equivalent Abrasion Resistance Soundness Asphalt Emulsion Residue after Distillation Certified source Softening Point Penetration at 25C (77F) Absolute Viscosity at 60C (140F) Mix Design Wet Stripping Review test results submitted in the mix Wet Track Abrasion Loss design format required in the special - one hour soak provision. - six day soak Saturated Abrasion Compatibility Mix Time at 25C (77F) Mix Time at 37.4C (I OOF) Micro - surfacing Aggregate Stockpile Test for gradation. One per day, or one per Production 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this location. Construction Sample for gradation, sand equivalence and Test for gradation. One per 1360t (1500 moisture content. One per 435.6 metric tons tons), If a temporary stockpile is used, test at (500tons), minimum of one per day. this location. Determine moisture content. One per day Asphalt Emulsion Quality Use a Certified Source. Sample the first load. One Sample for every 200m (50,000 gal.) (approx. 200 ton). Quantity Verify the quantity using equipment counter readings. For Fog Seal, when required Quality Use a certified source. Application rate Verify the application rate daily by dividing One sample to test for dilution rate. the volume used by the area covered. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 15 IV. CONCRETE CONSTRUCTION ITEMS (www.mrr. dot. state. mn. us /pavement /concrete /concrete.asp) (All Ready Mix is from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. The testing rates shown in this Schedule of Materials Control are only minimums. Take as many tests as necessary to ensure quality concrete. If any field test fails, reject the concrete or if the Producer makes adjustments to the load to meet requirements, record the adjustments on the Certificate of Compliance and retest. If adjustments are made at the plant, test the first load after those adjustments have been made. Make sure the next load is tested before it gets into the work. Continue to test the concrete if Project quality has been inconsistent. If a gradation or quality test fails, the Producer cannot produce concrete until a passing test is completed. The Producer must have a passing gradation each day to prior to beginning production. If failing concrete inadvertently gets placed in the work, either the Mn /DOT Standard Specifications for Construction or the Schedule of Price Reductions for Concrete address penalties. It is recommended that the Agency representative continually monitor the progress of all concrete pours. (It is not an acceptable practice to only perform minimum testing requirements and leave the project.) Should unique circumstances arise on a project which makes the rates of testing impractical, they may be revised prior to performing the work by contacting the Concrete Engineering Unit and obtaining their approval. DEFINITIONS Description Sample Location Sample Taken By Sample Tested By Determined By QC Quality Control Testing performed by Contractor. Also Contractor Contractor Contractor known as Process Control Testing. QA Quality Assurance Testing performed by the Agency. Contractor Contractor Agency This test is performed on a companion sample to the Contractor's QC sample. Verification A sample to assure compliance of the Contractor's Agency Agency Agency Quality Control program. The results shall be included as part of the QA Testing Program. Verification A companion sample to the Agency's Verification Agency Agency Contractor Companion sample provided to the Contractor. The Contractor is re uired to test this sample. The results shall be used as part of the QC program. IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or assures testers are sampling and testing properly and Agency Agency that equipment is calibrated correctly. Mn/DOT SD -15 March 2005 Page 16 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr. dot. state. mn. us / pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CERTIFIED READY -MIX CONCRETE These testing rates shall be used for all concrete except paving concrete, low slump concrete overlays. Refer to Concrete Construction Materials to determine if any field samples need to be taken. All QC and Verification gradation tests require companion samples. These samples are obtained from a larger sample that is reduced by splitting to obtain the sample sizes listed below for both the Producer /Contractor and the Agency. Gradation Sample Size: 10 —15 kg (25 lb.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for —19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand Test Type Spec. Producer /Contractor Testing Agency Testing or Gradation Testing 3126 When over 20 m (yd 3 ) of Agency concrete The QA (QC companion) samples are 2449 (QC /QA) 3137 produced per day: tested by the Agency at a rate directed Weekly (5- 694.145 Coarse: 1 per 100 m (yd 3 ) by the Project Engineer. Concrete and Fine: 1 per 200 m (yd 3 ) Aggregate 5- 694.148) Report The Producer shall complete the initial aggregate (QC /QA) gradations prior to the start of concrete production each day. The Producer may perform testing on representative material the prior evening. The Producer is responsible for holding QA (QC companion) samples until they are picked up by the Agency monitor. If not picked up, they may be discarded after one week. Gradation Testing 3126 The Contractor is required to test the Verification Coarse and Fine: 1 per day or 1 per 2449 (Verification/ 3137 Companion sample. 500 m (yd) whichever results in the Weekly Verification lowest sampling rate with a minimum Concrete Companion) of 1 per week Aggregate (5- 694.145 Report and A minimum of 2 Verification samples (Verification 5- 694.148) per week is required when Certified Companion) production is 3 or more days per week. Take more Verification samples when 24143 production problems exist. Weekly Certified Ready -Mix Plant Report (Verification) Moisture Testing When over 20 m (yd 3 ) of Agency concrete None 2152 (QC) produced per day: Concrete (5- 694.142) Coarse and Fine: 1 per 200 m (yd') Batching Report The Producer shall complete the initial moisture content and adjust the batch water prior to the start of concrete production each day. If weather conditions allow, the Producer may perform moisture testing on representative material the prior evening. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 17 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr.dot. state. mn. us / pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CERTIFIED READY -MIX CONCRETE (Cont.) Test Type Spec. Producer /Contractor Testing Agency Testing or Quality Testing 3126 At Producer's /Contractor's Discretion 1 per month sampled for acceptance 2410 Inspection Report 3137 concrete constructed above footings, median barrier, etc.) Testing may be adjusted by contacting the Sample ID Card (Verification) Concrete Engineering Unit Coarse Aggregate 3137 At Producer's /Contractor's Discretion Testing rate for cleanliness of coarse 2410 Testing on aggregate as directed by the District Sample ID Card -75µm ( #200) Materials Engineer. (Verification) (5- 694.146) Air Content 2461 None Test first load each day per mix 2448 (Verification) 1 per 100 m (yd) Weekly (5- 694.541) Concrete Report Slump 2461 None Test first load each day per mix 2448 (Verification) 1 per 100 m (yd) Weekly (5- 694.531) Concrete Report Compressive 2461 None 1 per 100 m (yd) 2409 Strength Minimum of 1 per day if production ID Card (Verification) is more than 20 m (yd 3 ) Concrete Test (5- 694.511) Cylinder Make additional control cylinders as necessary. For concrete mixtures containing aggregate with a maximum size of 31.5 mm (1 1/4 in) or less, 100 mm x 200 mm (4 in x 8 in) cylinders may be substituted for 150 nun x 300 mm (6 in x 12 in) cylinders. SMALL QUANTITIES There are certain items of concrete that are acceptable under a modified small quantity acceptance plan from a known and reliable source. The Project Engineer should document small quantities on Form 2403 or 2415 and retain in project file. Test Type Testing Requirements Form No. FIELD TESTING 1 air (if required), 1 slump and 1 cylinder test per day without plant testing per: 2415 or 2403 20 m (yd) of general concrete work (pavement, curb and gutter, bridge footings, bridge Inspection Report concrete constructed above footings, median barrier, etc.) 100 m (yd) of concrete of a non - critical nature (all Grade C concrete, C. I. P. pile fill, fencepost footings, etc.) PLANT TESTING I delivery truckload of concrete may be accepted without field tests if all plant tests are 2415 or 2403 performed, including batching and mixing inspection. Inspection Report Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 18 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr.dot.state.mn.us /pavement /concrete /conerete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE See Special Provisions of Contract to see if these testing rates apply. Definitions: Contractor's Primary Concrete Paving Plant — This may be a central batch plant or a ready -mix plant that is dedicated to delivering concrete to a concrete paving project. Large concrete paving projects - Those contracts generally having greater than 3825 m (5000 yd 3 ) of concrete paving mixture. Small concrete paving projects - Those contracts generally having equal to or less than 3825 m (5000 yd 3) of concrete paving mixture. Concrete Paving Specifications for Small Jobs shall use Certified Ready -Mix testing rates for gradations, moisture content, air content, slump, and compressive strength tests only. When work requires that a Certified Ready -Mix concrete plant be dedicated to a concrete paving project, a full -time Agency plant monitor, a full time certified Producer representative and daily verification samples are recommended. Sampling and testing rates may be adjusted with the approval of the Concrete Engineering Unit. Refer to Concrete Construction Materials to determine if any field samples need to be taken. All Contractor gradation tests require companion samples. These samples are obtained from a larger sample that is reduced by splitting to obtain the sample sizes listed below for both the Contractor and the Agency. Gradation Sample Size: 10 —15 kg (25 lb) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb) for —19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb) for CA -70 and Sand Test Type Spec. Contractor Testing Agency Testing Form No. No. Gradation Testing 3126 1 per 750 m (1000 yd 3) 1 per 3000 m (4000 yd 3) 21764 (QC /QA) 3137 Concrete (5- 694.145 and Minimum of 2 per day Gradation is run on randomly selected Aggregate 5- 694.148) Maximum of 4 per day Contractor split sample. Test all split Worksheet JMF samples on the first day of production. Split samples for Agency All sieve sizes specified in the Job Mix Formula (including fine sieves) will be required for the coarse gradations on the first day of production. The results of these tests shall be averaged on each sieve finer than the 9.5 mm [3/8 inch] for use in calculating the overall gradation. Coarse Aggregate 3137 Required on the first day of production Required on the first day of production 21764 Testing on Concrete -75 µm ( #200) If the Project Engineer determines that the If the Project Engineer determines that the Aggregate (QC /QA) cleanliness of the coarse aggregate has cleanliness of the coarse aggregate has Worksheet JMF (5- 694.146) changed, the above procedure shall be changed, the above procedure shall be repeated, otherwise, no additional fine sieve repeated, otherwise, no additional fine sieve analysis on coarse aggregate shall be analysis on coarse aggregate shall be required. required. Mn/DOT SD - 15 March 2005 SCHEDULE OF MATERIALS CONTROL Page 19 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr.dot. state. mn. us /pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE (CONT.) Test Type Spec. Contractor Testing Agency Testing Form No. No. Aggregate None 1 per 750 m (1000 yd 3 ) 2152 Moisture Testing Minimum of 2 per day Concrete (Verification) Maximum of 4 per day Batching Report (5- 694.142) Take and test initial sample after approximately Yi hour of production each day. Initial samples for moisture and microwave testing should be taken after batch ticket water has stabilized indicating that the aggregate moisture has also stabilized. Total Moisture in None 1 per 750 m (1000 yd 3 ) Microwave Mixture Minimum of 2 per day Oven (Verification) Maximum of 4 per day Worksheet (5- 694.532) Take and test initial sample after approximately 1/2 hour of production each day. Initial samples for moisture and microwave testing should be taken after batch ticket water has stabilized indicating that the aggregate moisture has also stabilized. Quality Testing 3126 At Contractor's discretion See Special Provisions to determine testing 2410 (Verification) 3137 rate, otherwise test 1 per month Sample ID Card Air Content 2461 Test first load each day per mix 1 air test per day minimum 2448 (QC /QA) 1 per 300 m (300 yd 3) Weekly (5- 694.541) Concrete Report Air Content 1 set of air tests per day minimum 2448 (Verification) 2461 (1 test before the paver and 1 test after the Weekly (5- 694.541) paver for correlation) Concrete Report Slump 2461 1 slump test per day for slip form paving 1 slump test per day for slip form paving 2448 (QC /QA) minimum minimum Weekly (5- 694.531) Concrete Report Flexural Strength 2301 1 set (2 beams) per 2000 m (2500 yd 3) Agency supplies beam boxes and cures and 2162 (5- 694.521) tests beams. Concrete Test Make additional control beams as necessary Beam Data If less than 2,000 m (2,500 yd) of paving, a set of 2 cylinders per day may be substituted for the beam requirements. The Contractor fabricates beams and cleans beam boxes. Mn/DOT SD -15 March 2005 Page 20 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr.dot.state.mn.us /pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE (CONT.) Test Type Spec. Contractor Testing Agency Testing Form Spec. No. Agency Testing Form No. Thickness 2301 The Contractor drills concrete cores for The cores are taken at locations determined 24327 3126 None thickness verification. by the Agency using random numbers. The Field Core 3137 operations and each time aggregate Agency initials pavement at core locations Report is delivered to the site and re- initials the sides of specimens after coring to clearly verify their authenticity. 3126 Surface 2301 Contractor provides certified California If the Contractor's test results are in 3137 Smoothness Profilograph or Inertial Profiler Results. question, the Project Engineer may request 2461 Ride Quality Test at beginning of pour each day. that an Independent Source retest the entire 1 per 15 m (yd) project. LOW SLUMP CONCRETE FOR BRIDGE DECK OVERLAYS AND CONCRETE PAVEMENT REPAIR Refer to Concrete Construction Materials to determine if any field samples need to be taken. Gradation Sample Size: 10 —15 kg (25 lb) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb) for —19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb) for CA -70 and Sand Test Type Spec. Contractor Testing Agency Testing Form No. No. Gradation Testing 3126 None 1 per fraction prior to commencing 21412 (Verification) 3137 operations and each time aggregate Weekly Report of (5- 694.145 and 5- 694.148) is delivered to the site "Low Slump Concrete" Quality Testing 3126 None As directed by the Project Engineer (Verification) 3137 Air Content 2461 None Test at beginning of pour each day. (Verification) 1 per 15 m (yd) (5- 694.541) Slump 2461 None Test at beginning of pour each day. (Verification) 1 per 15 m (yd) (5- 694.531) For low -slump concrete from a concrete- mobile, allow mix to hydrate 4 to 5 minutes before slump test to assure all cement is saturated. Compressive Strength 2461 None 1 per 30 m (yd) 2409 (Verification) Minimum of I per project ID Card Concrete (5- 694.511) Test Cylinder Mn/DOT SD -15 March 2005 Page 21 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr. dot. state. mn. us / pavement /concrete /conerete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE CONSTRUCTION MATERIALS Refer to Metallic Materials and Metal Products for sampling requirements for concrete reinforcement. CEMENTITIOUS MATERIALS All cementitious materials must come from certified sources. All certified sources must state so on the Bill of Lading. The most current approved list of certified sources can be found at www.mrr. dot. state. mn. us /pavement /concrete /products.asp Material Spec. Minimum Required Minimum Required Sampling Sample Form No. Acceptance Testing Rate for Laboratory Testing Size No. (Field Testing Rate) Standard Portland 3101 For Concrete Pavement 2 kg (5 lb) 24300 High Early Portland 1 sample per 7500 m (10,000 yd') ID Card Air Entraining Portland of concrete with a minimum of 1 Cement Air Entraining High- per project Samples Early Portland For Other Concrete Portland Pozzolan 3102 1 sample every 2 to 4 weeks per 2 kg (5 lb) 24300 Blended Cement plant as production warrants ID Card Ground Granulated Blast 3103 Cement Furnace Slag (GGBFS) Take additional samples as District Materials Engineer directs Samples Fly Ash 3115 2 kg (5 lb) 24308 ID Card Fly Ash Samples ADMIXTURES FOR CONCRETE Only admixtures from approved sources are allowed for use. The most current lists of admixtures can be found at www.mrr. dot. state. mn. us /pavement /concrete /products.asp Material Spec. Minimum Required Minimum Required Sampling Sample Form No. Acceptance Testing Rate for Laboratory Testing Size No. (Field Testing Rate) Accelerating, Retarding, 3113 For Concrete Pavement 0.25 L (1/2 pt) 2410 Water- Reducing, 1 sample for each shipment for each Sample ID Air - Entraining, etc. type, brand, and concentration Take samples from Card (Minimum of 1 per project) dispensing tubes For Other Concrete Store samples in 1 sample once per month per plant plastic container or as production warrants WATER Material Spec. Minimum Required Minimum Required Sample Form No. Acceptance Testing Sampling Rate for Laboratory Size No. (Field Testing Rate) Testing 3906 Visual Inspection 1 sample from any questionable 3.5 L (1 gal) 2410 source Store sample in a Sample ID clean glass or Card plastic container Mn/DOT SD -15 March 2005 Page 22 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr.dot. state. mn. us / pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE CONSTRUCTION MATERIALS (CONT.) CURING MATERIALS Only curing materials from approved sources are allowed. The most current approved list can be found at www.mrr. dot. state.mn.us / pavement / concrete / Products /Approvedcuringcompounds.pdf Minimum Required Minimum Required Spec. Acceptance Testing Sampling Rate for Sample Material No. (Field Testing Rate) Laboratory Testing Size Burlap 3751 Visual Inspection I m (1 yd') Paper 3752 Visual Inspection 0.25 m (2 ft) Must be white opaque Plastic 3756 Visual Inspection 0.25 m (2 ft Must be white opaque Membrane Compound 3754 For Concrete Pavement 1 L (1 qt) 3754 1 sample for each shipment AMS or if shipment contains more Materials must be 3755 than 1 lot, sample each lot. thoroughly stirred or agitated immediately For Other Concrete prior to taking Call (651) 779 -5556 before sample. Cover sampling sample immediately. Form No. 2410 Sample ID Card 2410 Sample ID Card 2410 Sample ID Card 2410 Sample ID Card JOINT MATERIALS Only joint materials from approved sources are allowed for use. The most current list of hot pour sealants can be found at www.mrr.dot. state. mn. us /materials /AypProddisclaimer . asp . The most current list of silicone sealants can be found at www.mrr.dot.state.mn.us/pavement/concrete/jointsealants.pd Material Spec. Minimum Required No. Acceptance Testing (Field Testing Rate) Hot Poured Elastomeric 3723 Type 1 3725 II Silicone Joint Sealer Special Provisions Preformed Elastomeric Type Minimum Required Sampling Rate for Laboratory Testing 1 per lot 1 per lot Sample Size 3721 Visual Inspection 1 per 1,000 m (3,000 linear feet) for each lot or sub -lot fraction 5 kg (10 lb) Take samples from application wand 0.5L(Ipt) Store sample in steel container 2m(6ft) Form No. 2410 Sample ID Card 2410 Sample ID Card 2410 Sample ID Card Preformed 3702 Visual Inspection 1 per shipment of each type 0.25 m' (2 ft) 2410 Sample Form and thickness Acceptance Testing Sample ID Card Size No. Will carry "Inspected" tag if (Field Testing Rate) Testing approved prior to shipment. Visual Inspection 1 per shipment Mn/DOT SD - 15 March 2005 1 Vol ' Page 23 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.mrr. dot. state. mn. us / pavement /concrete /concrete.asp) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE CONSTRUCTION MATERIALS (CONT.) CONCRETE TREATING OIL Material Spec. Minimum Required Minimum Required Sample Form No. Acceptance Testing Sampling Rate for Laboratory Size No. (Field Testing Rate) Testing 3917 Visual Inspection 1 per shipment 0.5 L (I pt) 2410 Sample ID Store sample in Card steel container EPDXIES Only epoxies from approved sources are allowed for use. The most current lists of epoxies can be found at www .mrr.dot.state.mn.us/pavement /concrete /approvedepoxies.pdf Material Spec. Minimum Required Minimum Required Sample Form No. Acceptance Testing Sampling Rate for Laboratory Size No. (Field Testing Rate) Testing Visual Inspection 1 sample of each component from 0.25 L (1/2 pt) 2410 each lot in each shipment for Store sample in Sample ID quantities over 1 gallon steel container Card Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL V. LANDSCAPING AND EROSION CONTROL ITEMS Page 24 Minimum Required Form Minimum Required Sample p Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing L Plant Stock & Landscape 3861 and Field Inspection at lob Site, 2415 or a 2571.2A1 submit itemized report for each Materials 2403 b shipment. a Preliminary inspection will not be done at the source. Material must be in accordance with the Inspection and Contract Administration Guidelines for Mn/DOT Landscape Projects. b Utilize "Inspection and Contract Administration Guidelines for Mn/DOT Landscape Projects" to determine and measure minimum and maximum criteria thresholds. The following documentation must be provided as a condition for delivery and approval: 1. A Mn/DOT Certificate of Compliance for Plant Stock, Landscape Materials, and Equipment 2. A valid copy of a nursery stock (dealer or grower) certificate registered with the MN. Dept. of Agriculture and /or a current nursery certificatellicense from a state or provincial Dept. of Agriculture for each plant stock supplier. 3. A copy of the most recent Certificate of Nursery Inspection for each plant stock supplier. 4. Plant material shipped from out -of -state nursery vendors subject to quarantines (Gypsy Moth and Japanese Beetle) must be accompanied by documentation certifying all plants shipped are free of regulated pests. 5. Bills of lading (shipping documents) for all materials delivered. 6. Invoices (billing statements) for all materials to be used. 7. Each bundle, bale, or individual plant must be legibly and securely labeled with the name and size of each species or variety. 2. Wildflower and Wetland 3861 Field inspection at Job Site, 2415 or None Seedlings c submit itemized report for each 2403 shipment. Include Mn/DOT Certificate for seedlings, labels, and invoices. c Certified sources only. A certificate of Compliance must be furnished by the supplier to the Engineer. 3. Fertilizer d 3881 Visual Inspection None d BAGGED: Inspected on the basis of guaranteed analysis. BULK: Inspector to obtain copy of invoice of blended material stating analysis. Check if Slow Release Fertilizer is specified. 4. Agricultural Lime e 3879 One gradation test for each 180 2415 or One sample per source for 4.5 kg Metric Ton (200 ton) 2403 quantities of 90 metric ton (100 (10 lb.) ton) or less e Submit form 2415 or 2403. Small Quantity is 90 metric ton (100 ton) or less. Contractor must supply amount of ENP (Equivalent Neutralizing Power) for each shipment. 5. Topsoil Borrow, 3877.2 None From each source: One Select Topsoil Borrow, & composite sample for the first Premium Topsoil Borrow 765 m (1,000 Cu Yd) or less. 10 kg (20 lb.) One composite sample for each additional 2,300 m (3,000 Cu Yd) or fraction thereof. f Testing takes about three weeks after delivery of the sample to the Department Laboratory. Sampling shall be done prior to the time the topsoil is delivered to the project. Check acceptance schedule Spec 2105 Table 2105 -1. Small Quantity - 230 m' (300 Cu Yd) Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Page 25 Minimum Required Form Minimum Required Sample p Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing 6. Mulch Material A. Type 3 Mulch - Certified 3882 Visual Inspection, Check if Weed Free (Certified sources from Certified Vendor by only) 9 Minnesota Crop Improvement Association. Must be tagged, grain straw only. g Certified mulch will be indicated by label. B. Type 6 Mulch - Woodchips 3882 Visual Inspection, gradation Gradation 1/3825 m 1/750 m (1 /1000 yd) (1 /5000 yd) 17.Seeds 3876 A. Seeds (Certified Vendors 3876 Check for guaranteed analysis 2415 or Sampling needs only to be done 0.5 L Only) (Mixes 100 -299) h labels. 2403 for seed that is not planted within (1 pint) nine months after germination test, or if quantity used is more than 1800 kg. (4,000 lb.) ----------------------------------- h Seed guaranteed as meeting the requirements is identified by official guaranteed analysis labels affixed to each container of seed in addition to the customary seed tag. Any moldy or insect contaminated seed must be rejected. B. Seeds (Non- Certified 3876 2415 or MUST BE SAMPLED. For 25 0.5 L vendors) (Mixes 100 -299) 2403 bags or less, combine from five (I pint) bags into one sample. For larger quantities; sample each 5th bag combine samples into groups of 5 and select a test sample from each composite. ' Submit samples six weeks before seeding to allow for testing. Small Quantity - 90 kg (100 lb.) C. Native Seed (Mixes 300- 3876 Check if from Certified Vendor None 399) certified seed only by Minnesota Crop Improvement Association, Must be tagged Certified seed will be indicated by label on containers. 8. Erosion Control Blanket k 3885 Visual Inspection None t I Random - See Footnote k 1 m 2 ----------- ----------------------------------------------- (1 Sq Yd) -------------------------------------------- ------------------------------- k Periodic tests from approved sources to verify quality. Check approved products list 9. Erosion Control Netting I 3883 Visual Inspection None Random - See Footnote I 1 m (1 Sq Yd) I Periodic tests from approved sources to verify quality. Check approved products list Mn/DOT SD -15 March 2005 Page 26 SCHEDULE OF MATERIALS CONTROL V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing 10. Peat Moss m 3880 Final Inspection at Job Site None For material furnished in bulk; 2 -114 kg one sample for 100 m (100 Cu. (5 lb.) Yd.) or less. An additional sample for each 200 m or less, thereafter. in Submit Samples in moisture proof bags. Materials furnished in packaged form may be accepted on the basis of guaranteed analysis. 11. Sod n 3878 Final Visual Inspection at site. None n A Certificate of Compliance must be furnished by the producer to the Engineer for the type of sod supplied showing correct grass varieties. 12. Silt Fence ° 3886 Visual Inspection Check 2415 or � Forarnoum,610m(2000ft),r 1 in (lYd) Product Label 2403 greater. 0 Samples sent 21 days prior to use. Check Approved Products List of accepted geotextiles. 13. Flotation Silt Curtain P 3887 [ Visual Inspection None Random -See Footnote P 1 in (1 Yd) P Accepted, based on manufacturers' guaranteed results. Check weight of fabric. 14. Compost A. Compost Certified Source q 3890 [ Visual Inspection 12 kg None (25 lb.) q Accepted on the basis of certified test reports furnished to the Engineer by the supplier. Periodic sampling to verify quality. Check approved source list. B. Compost Non - Certified Must be sampled - One Sample Source r per 300 m (500 Cu Yd) r Submit samples six weeks before use. Small quantity 75 m (100 Cu Yd) or less. 15. Erosion Stabilization 3888 Visual Inspection None See Footnote s I m Mat (1 Sq Yd) s Periodic tests from approved sources to verify quality. Check Approved Products List 16. Sediment Mat t 3894 Visual Inspection None I See Footnote t 1 m - ------- --------------------- ------------------ (1 Sq Yd) ------------------ ---- -- ----- ----- --- -- -- - - - --- ------- t Periodic tests from approved sources to verify quality. Check Approved Products List 17. Fiber Log u 3895 Visual Inspection None See Footnote" 1 m (1 Sq Yd) u Periodic tests from approved sources to verify quality. Check approved products list. Mn/DOT SD -15 March 2005 V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Page 27 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing No Sampling Rate for Size (Field Testing Rate) Laboratory Testing 18. Inlet Protection 3891 Visual Inspection None I -------------- L ------------------------------- ---- ------ L --------------------------------- I -------------- ------------------------------- v Periodic tests from approved sources to verify quality. Check approved products list. 19. Hydraulic Soil 3884 Slump Test for Type 8 None I None Stabilizer w -------- ------------------------------- ------ ------------------- w Periodic tests from approved sources to verify quality. Check approved products list. 20. Filter Logs x 3897 Visual Inspection None ------------------------------- I -------- ----- I ------------------------------- I ----- None ----- x Periodic tests from approved sources to verify quality. Check approved products list. 21. Flocculants Y 3898 Visual Inspection None ----------- None -------- ----------------------- ---------------------------------------------------------------------------- Y Periodic tests from approved sources to verify quality. Check approved products list. Mn/DOT SD -15 March 2005 VI. CHEMICAL ITEMS SCHEDULE OF MATERIALS CONTROL Page 28 CALL CHEMICAL LABORATORY (651) 779 -5548 Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 1. Asphalt Plank 3204 Visual Inspection 2410 1 per 1,000 plank or less of 3 — 1 linear in Sample each thickness in each (yd) pieces ID Card shipment samples from different planks 2. Calcium Chloride 3911 Visual Inspection 2410 Liquid: 1 per 40,000 L 0.5 L (1 pint) Sample (1 per 10,000 gal) 0.5 kg (1 lb.) in ID Card Dry: 1 per shipment Plastic Container 3. Waterproofing Materials ----------------------------------------------------------------------------------------------------------------------------------------- Only waterproofing systems from approved sources are allowed for use. The most current list can be found at www.mrr.dot.state.mn.us/materials/Api)Proddisclaimer.asy. A. Membrane 3757 Visual Inspection 2410 1 per shipment (Membrane 0.1 m (1 Sq Ft) Waterproofing System Sample Only) ID Card Membrane Waterproofing System: The manufacturer shall submit a one square foot sample of the membrane along with a letter of Certification and test results stating that the membranes meet the requirements of this specification. Other components of the waterproofing system do not need to be sampled for testing. The manufacturer shall also submit detailed technical data sheets for all components of the membrane waterproofing system. Other components of the waterproofing system do not need to be sampled for testing. B. Three Ply System Three Ply System, containers will be stamped if approved prior to shipment. CALL CHEMICAL LABORATORY (651) 779 -5548 i. Asphalt Primer 3165 Visual Inspection 2410 1 per shipment 0.5 L (1 pt.) in Sample steel container ID Card ii. Waterproofing Asphalt 3166 Visual Inspection 2410 1 per shipment 0.5 L (1 pt.) in Sample steel container ID Card iii. Fabric 3201 Visual Inspection 2410 1 per shipment 1 m (1 Sq Yd) Sample ID Card Mn/DOT SD - 15 March 2005 SCHEDULE OF MATERIALS CONTROL VI. CHEMICAL ITEMS (cont'd) Page 29 Kind of Material Spec. No. Minimum Required Form Minimum Required Sample Size Acceptance Testing No. Sampling Rate for (Field Testing Rate) Laboratory Testing 4. Paints A. Traffic Marking Paint Only traffic marking paints from Qualified Products List are allowed for use. i. Waterborne Latex 3591 Visual Inspection 2410 1 per lot 0.5 L (I pint) Sample ID Card ii. Epoxy Traffic Paint 3590 Visual Inspection 2410 1 Part A per lot 0.5 L (1 pint) Sample 1 Catalyst Part B per lot ID Card --------------------------- - --- ----- --- --- ----- --- - - --- --------------- I -------------------------------- ----------- Waterborne Latex and Epoxy Traffic Paint: The most current Qualified Products List can be found at http•/ /www dot state mn us /trafficeng/ products /MnDOTapprovedproductlist xls Call Laboratory at (651) 779 -5550 for pre - approved lots. _..... ..._.._.._ ......... _...._..._.. iii. Other Special Visual Inspection 2410 1 Part A per lot 0.5 L (1 pint) Provisions Sample 1 Catalyst Part B per lot ID Card -------------------------- ------------------ ---- -- --- --- ---------- - -- - -- ------------------------------------------------------------ For traffic marking paints other than Waterborne Latex and Epoxy see Special Provision for Qualified Products List. B. Non - Traffic Striping 3500 Series Visual Inspection 2415 For pre- approved paints 0.5 L (1 pint) Paints submit Form 2415 listing batch number. Call Chemical Laboratory for pre - approved lots - -- - --- - ---- - - - - -- --- ------ -- ----- -- ------- - - - - -- ---- -- --- - - - - -- I - ------- --- ------- ------- Only approved paints are allowed for use. For bridge coatings, see http://www.mrr.dot.state.mn.us/materials/3520 01APLweb4.13df for the approved products list. For all others, see the Special Provisions. Send color sample to Chemical Laboratory for color matching. 5. Drop -on Glass Beads 3592 Visual Inspection 2410 1 per lot 1 L (qt.) - - - - -- - ------ -- - - - - -- ---------------- - - - - -- -- -------- ---- -- -- ---- Only glass beads from Qualified Products List are allowed for use. The most current Qualified Products List can be found at bttp //www.dot.state.mn.us /trafficeng/ products (MnDOTapprovedproductlist.xls Call Laboratory at (651) 779 -5550 for pre- approved lots. 6. Pavement Marking 3353 Visual Inspection 2410 1 clean sample of each color 3 m (3 yds.) Tape 3354 Sample per lot 3355 ID Card Special Provisions ----------------------------------------------- ----------- ----- - - - - -- ------------------------------------------------ ----- ---- -- Only pavement marking tape from Qualified Products List are allowed for use. The most current Qualified Products List can be found at http:/ /www. dot. state.mn.us / trafficeng / products /MnDOTapprovedproductlist.xls 7. Signs and Markers 3352 Visual Inspection 2415 None unless material suspect - — -- - - - -.. . -- ----- ------ -------- -- --- - - - - -- - — - - - - ----- ------ -- my SIGNS AND MARKERS from Qualified Products List are allowed for use. The most current Qualified Products List can be found at http: /lwww dot state mn us/ trafficeng / products /MnDOTapprovedproductlist.xls Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL VII. METALLIC MATERIALS AND METAL PRODUCTS Page 30 Minimum Required Minimum Required Kind of Material Spec. No. Acceptance Testing Form Sampling Rate for Sample p N0 ' Size (Field Testing Rate) Laboratory Testing 1. Guard Rail A. Fittings - Splicers, Bolts, 3381 Visual Inspection 2415 or Bolts: 2 Post bolts and 4 splice etc. 2403 for bolts with nuts for each 1,000 small units or less. quantity B. Cable 3381 Visual Inspection Same 1 sample from each spool 1.2 m (4 ft) C. Structural Plate Beam 3382 Visual Inspection Same One .025x.25 m (IinxI Oin) from one edge of one of each 200 RAIL SECTIONS or One of each 100 TERMINAL SECTIONS REMARKS: Applicable to all Guardrail A, B, & C To be approved before use. Pre - tested or Inspected will carry "Inspected" tag. Not Pre - tested: Submit laboratory samples at required laboratory rate. For small quantities, lab samples not required, but document on Form 2415 or 2403 and maintain in project file. SMALL QUANTITIES: Rail Sections - 20 or less Terminals - 10 or less Post Bolts - 100 or less Splice Bolts -100 or less 2. Steel Posts A. Sign Posts 3401 Visual Inspection 2415 or Two posts per shipment of each Submit 2403 for MASS per UNIT LENGTH shortest small length of quantity each weight B. Fence Posts, Top Rails and 3403* Visual Inspection Same One sample per 500 pieces or others 3406* less, but not less than two 3379 samples per shipment. Cut 0.3 m 3408 (1 ft) from each end of pipe. One each of fittings or hardware items. - REMARKS - : - * - For - 3403 - , - submit certified mill analysis with sample. * For 3406, submit Certificate of Compliance and certified mill analysis with sample. 3. Fence Wire A. Barbed 3376 Visual Inspection 2415 or One sample per 50 spools or 1 m (3 ft) 2403 fraction thereof B. Woven 3376 Visual Inspection Same One full height sample per 50 1 in (3 ft) rolls C. Chain Link Fabric 3376 Visual Inspection Same One sample for each 1,500 m 0.3 in (1 ft) (5,000 ft) of fencing Mn/DOT SD -15 March 2005 A VII. METALLIC MATERIALS AND METAL PRODUCTS (Contd) Page 31 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing No. Sampling Rate for Size (Field Testing Rate) Laboratory Testing 4. Water Pipe and other 3364, 3365, 2415 or Piping Materials 3366 & 2403 Special Provisions A ----------- L ------------------------------------------------ ----------------------------------------------------------------------------- REMARKS: To be identified and tested if necessary priff to use. Retain Form 2415 or 2403 in project files. SEE SPECIAL PROVISIONS. 5. Reinforcing Steel A. Bars ........ ... .... ... . ....... i. Uncoated 3301 Visual Check for Size and 2415 or No Field Sample Necessary Grade Marking 2403 ii. Epoxy Coated Visual Check for Size and Same One sample (1 bar) of each size I m (3 ft) Grade Marking and "Inspected" bar for each day's coating tag (See Remarks) production ---------- -- ---- - - - - -- ----------- ------------------------------------------------ ---------------- -- ------ -------- --------- - - - - -- - ------ REMARKS: For Uncoated bars - Retain Certificate of Compliance and Certified Mill Analysis in Project File. For Epoxy Coated bars, shipping paperwork will include Mn/DOT Lab #'s or steel will be tagged "Inspected" when it has been sampled and tested prior to shipment. Will be tagged "Sampled" when testing has not been completed prior to shipment. Submit samples and Certificate of Compliance if not tagged "Sampled" or "Inspected". B. Steel Fabric 3303 Visual Inspection No Field Sample Necessary I I ----------- I ----------------- -------------- ------------------------------- -------------- -------------------------------- REMARKS: Retain Certificate of Compliance in project file. C. Dowel Bars 3302 One Dowel Bar from each Full Size shipment Dowel Bars [ J ----------------------------------------------- ------------- REMARKS For all types of dowels — Each project shall have a Certificate of Compliance from the Manufacturer certifying that all materials used in fabrication of the dowel bars and baskets comply with all applicable specifications. The Manufacturer shall maintain all as necessary for certification by project. The Certificate of Compliance shall be submitted to the Project Engineer. D. Prestressing Strand 3341 One sample (2 strands) from each 1.5 m (5 ft) I heat [ -------------- ---------------- --------- ----------- -------------------------------- REMARKS: Submit one copy of mill certificate and one copy of the stress-strain curve representative of the lot with the samples. E. Spirals 3305 One per shipment 0.6 m (2 ft) I ---- ------------ ----- ----- ----------------- -------- ----- -------------------- REMARKS: Will be tagged with "Inspected" tag when tested prior to shipment. 6. Drainage Castings 3321 Visual Inspection* 2415 or ALL CASTINGS Two tensile 2471 2403 bars to be cast with each heat at Foundry and submitted to the Laboratory by an approved Foundry* I ----------------------------------------------------------- ---------------------------------------------- ------------------------------- * Call Maplewood Laboratory at 651-779-5540 for list of approved foundries REMARKS: Inspect in the field and retain Form 2415 or 2403 in project file, showing NAME OF FOUNDRY AND QUANTITY Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL VIII. MISCELLANEOUS MATERIALS Page 32 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing No. Sampling Rate for Size (Field Testing Rate) Laboratory Testing 1. Timber, Lumber Piling & 3412 to Visual Inspection 2415 or Posts 3471 & 2403 3491 I j ----------------------------------------------------------- --------------------------------------------- -------------------------------- REMARKS: Untreated materials shall be inspected in the field and the results reported on Form 2415 or 2403. Treated materials shall be Certified on the Invoice or Shipping Ticket. Material is inspected and stamped by an Independent Agency as per Specification 3491. Contact Laboratory for additional information. 2. Miscellaneous pieces and 3392 2515 or One sample of each item per Hardware (Galvanized) 3394 2403 shipment. Sample critical items only. (Critical items are load bearing, structurally necessary items.) ------------------------------- I ----------------------------------------------- ---------- ----------------------------------------------- REMARKS: Will carry "Inspected" tag if sampled and tested prior to shipment. No sample necessary if "Inspected". 3. Insulation Board 3760 Visual Inspection 2415 or None 2403 4. Elastomeric Bearing Pads 3741 and Check dimensions Check repair One sample, with one or more Full size pad Special of tested pad internal plates annually from Provisions each manufacturer. ---------------------------------------------- I ------------------------------- ----------- I --------------------------------- I -------------- REMARKS: Submit copy of Certificate of Compliance with pad. DO NOT USE ANY PADS THAT ARE NOT CERTIFIED MnIDOT SD - 15 March 2005 SCHEDULE OF MATERIALS CONTROL IX. GEOSYNTHETICS, PIPE, TILE, AND PRECAST/PRESTRESSED CONCRETE Page 33 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing 1. Corrugated Metal Products A. Culvert Pipe Underdrains 3225 thru Visual Inspection: Check for 2415 or Erosion control Structures 3229, 3351, good construction, 2403 and 3399 workmanship, finish requirements and shipping ---- -- -- --------------- REMARKS: Make certain pipe is Certified on Invoice B. Structural Plate 3231 Visual Inspection: Invoice shall 2415 or include notation that material 2403 described is in accordance with fabricator's Certificate and Guarantee C. Aluminum Structural Plate 3233 I I — -- --------- ------- --- ---- -- - - -- ----------------------------------------------------------- --------- ------------- - - - -- -- -- -- --- - -- - -- REMARKS: The Fabricator's Certificate and Guarantee shall be on file in the Mn/DOT Central Laboratory. 2. Clay Pipe 3251 No samples required for less 2415 or 1 sample per 200 pieces of each Full Size than 100 pieces 2403 size. Pipe ------------------------------- REMARKS: To be sampled and inspected in the field. 3. Concrete Pipe A. Reinforced Pipe and Arches 3236 Field Inspection: Check for Precast Cattle Pass Units damage and defects. Check Sectional Manhole Units dimensions as required. Check for producer's "Certified" stamp and signature on the certification document. B. Non - Reinforced Concrete 3253 Field Inspection: Check for 2 samples of each size from each Full Size Pipe damage and defects. Check source unless inspected and Pipe dimensions as required. Check stamped at source. for producer's "Certified" stamp and signature on the certification document. L J - - - - -- ------------------------- -- -------------------- --- - - - - -- ------- - - -- -- -------- --------- -------- - - - - -- ----- REMARKS: For Concrete Pipe Both A & B: Product will be certified by producer, only spot checks are done by plant inspector. Make certain the invoice or certification document is signed and the product has the required markings. Maintain Form 2403 or 2415 in project records, showing source of materials and type and quantity used Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL IX. GEOSYNTHETICS, PIPE, TILE, AND PRECAST /PRESTRESSED CONCRETE (Cont'd) Page 34 Kind of Material Spec. No. Tests by Producers Form Tests by Mn/DOT Sample No. Size 4. Precast/Prestressed Concrete Structures A. Reinforced Precast Box 3238 1 Air test per day (1st load), 2 2415 or Culvert cylinders per pour for positive 2403 slump concrete (1 for handling, 1 for shipping). 1 "companion" cylinder per month per plant, or cylinder testing machine, whichever is greater. Call Precast Inspection Engineer at 651- 779 -5540 for additional information. 3126 Fine 1 quality test per month. Aggregate 3137 1 quality test per month. Coarse Aggregate .. ............... ..... ....__. _._ _ . .. _...m....-, __... --.-....._... m_.,_,__... � Field Inspection: Check for plant inspector's stamp. Check for shipping damage or defects. Check dimensions as needed. B. Precast/Prestressed 2405 1 gradation per 150 m (200 Cu. 2449 1 gradation and 1 quality test per 10 kg Concrete Structure (beams, 3126 (Fine Yd.) or fraction thereof. 1 per 2153 month from a split sample. (25 lb.) posts, etc.). Gradation: day of production or 3 per Include producer's gradation Aggregate) week, whichever is less. results on sample card. I "companion" cylinder per month per plant, or cylinder testing machine, whichever is greater. Call Precast Inspection Engineer at 651- 779 -5540 for additional information. 1 air test per day (1st load), 2 cylinders per pour for positive slump concrete (1 for handling, 1 for shipping). _.._._....._._ ..... ,....... 3137 Gradation: 1 per 75 m s (100 Cu 3134 Coarse Aggregate 1 10 kg (Coarse Yd) or fraction thereof. 1 per gradation and 1 quality test per (25 lb.) Aggregate) day of production or 3 per month from a split sample. week, whichever is less. Include producer's gradation results on sample card. Field Inspection: Check for plant inspector's stamp. Check for shipping damage or defects. Check dimensions as needed. --------------------------- ------ ---- -- -------- ----- - - - --- ---- -- ------ - - - - -- - -- -- ------ ---- -- - -- --- -- REMARKS: Precast /prestressed structures including boxes will be inspected and stamped at source. Only spot checks for dimensions are performed. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL IX. GEOSYNTHETICS, PIPE, TILE, AND PRECAST /PRESTRESSED CONCRETE (Cont'd) Page 35 Kind of Material Spec. No. Minimum Required Form Minimum Required Sample Acceptance Testing No. Sampling Rate for Size (Field Testing Rate) Laboratory Testing 5. Manholes and Catch 2506 Field Inspection: Check for 2415 or Basins (Construction) 3622 damage and defects. Check 2403 dimensions as required. Check for Producer's "Certified" stamp and signature on the certification document. ------------------------------- ---------------------------------- ----- - - - - -- - ---- - - - - -- -- -- REMARKS: Product will be certified by producer or inspected, tested and stamped at source. Only spot checks are done by plant inspector. Make certain the invoice or certification document is signed and the product has the required markings. Maintain Form 2403 or 2415 in project records, showing source of materials and type and quantity used (bricks, blocks, precast, or combination). 6. Drain Tile (Clay or 3276 Visual Inspection 2 samples of each size from each Concrete) source 7. Thermoplastic (TP) Pipe 3245 Obtain Certificate of 2415 or ABS and PVC compliance. Check for approved 2403 marking printed on pipe. Field Inspect for damage or defects. -- ------ ---- - - - - -- - ---- - - - --- --------------------------- ----------------------------------------------------------- REMARKS: See Spec. 2345 for specific AASHTO or ASTM Pipe types are approved under this specification. If perforated, holes should be 5mm - 10 mm (3/16 - 3/8 inch) diameter, two rows for 4 ", and four rows for 6" diameter; approximately 75 mm (3 inches) on center. 8. Corrugated Polyethylene 3278 Check for markings ( AASHTO 2415 or No Laboratory tests required Pipe M 252) Certificate of 2403 Compliance. Field Inspect for damage or defects. 9. Sewer Joint Sealing 3724 One per shipment 0.5 L (I pt.) Compound 10. Preformed Plastic Sealer 3726 One from each source 0.3 in (1 ft) for Pipe Type b 11. Bituminous Mastic Joint 3728 Visual Inspection Sample, if questionable Sealer for Pipe 12. Geotextile Fabric and 3733 and Visual Inspection for damage (a) I per 15,000 in (50,000 LF) (a) 3m Geogrid Reinforcement Special and uniformity of texture. or fraction thereof for pipe wrap (10 LF) Provisions Rolls of both geotextile and or trench lining for Permeable geotextile wrapped PE Tubing base designs. (b) 3m must be wrapped in UV (b) 1 per 8000 m (10,000 sq. (4SgYd)* protective plastic. (Usually yd.) or fraction thereof of each Black). type fabric or geogrid for all (c) 3m other uses. (10 LF) (c) Sewn seam, if required, 1 per project minimum, additional as appropriate. ------------------------------------------------------------------------- REMARKS: Sampling shall be by random selection and no more than one sample shall be taken from an individual roll. Submit Certificate of Compliance with fabric or geogrid identification (e.g., Amoco 2002), minimum average roll values (MARV) and roll number. For type VI applications, submit pages of Special Provisions that list required geotextile properties. (Type VI requirements are job speck.) Contact Randy Tilseth, Geotechnical Section, 651 - 779 -5604 for large quantity sampling rates (greater than 40,000 sq. yd. of material on project), small quantity testing, and questions. * Do not sample first i in (3 ft) of rolled Geotextile. Cut 1 in (3ft) wide strip across width of roll [Usually 3 - 4 in (12 - 14 ft)] Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL IX. GEOSYNTHETICS, PIPE, TILE, AND PRECAST /PRESTRESSED CONCRETE (Cont'd) Page 36 13. Silt Fence 3886 Visual Inspection 2415 or For amounts 610 m (2000 ft) or 1 m (I Yd) Check Product Label 2403 greater. REMARKS: Samples sent 21 days prior to use. Check Approved Products List of accepted geotextiles 14. EPS Geofoam Special Visual Inspection 2415 or Provisions Check for yellow aged material, 2403 uniformity and dimensions. Weigh 1'xl'xl' cut coupon to verify density every 200 m (250 yd') Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL X. BRICK, STONE, AND MASONRY UNITS Page 37 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing 1. Brick A. Sewer and Masonry 3612 to Visual Inspection One sample per 50,000 brick or 6 whole 3615 fraction thereof brick B. Concrete Sewer* 3616 Visual Inspection One sample per 50,000 brick or 6 whole fraction thereof brick * Air entrainment required. Obtain air content statement from supplier. 2. Concrete Masonry Units A. For Sewer Construction 3621 Visual Inspection One sample per shipment 6 whole units Air entrainment required. Obtain air content statement from supplier. B. For Modular Block Special Visual Inspection One sample per 10,000 units or 5 whole Retaining Walls Provisions Check for cracks and broken fraction thereof, with a minimum units comers of one sample per product (block) type per contract. - - -- --------------- - ----------------------------------------------- --- ------------------- -- - - - - -- -- ---- - All lots of block upon delivery shall have Manufacturer or Independent laboratory test results to verify passing both compression and freeze -thaw requirements. * Wall units and cap units are considered separate block types. 3. Reinforced Concrete 3661 Concrete control tests Air Tests 2415 or One cylinder per 100 units, but 150000mm Cribbing Visual Inspection if previously 2403 not less than 5 cylinders for a (6 x 12 in) tested given contract. Other materials Cylinders as required herein. REMARKS: Will be stamped when inspected prior to shipment. 4. Stone for Masonry or 3601 and Visual Inspection Submit Form 2415 or Rip -Rap Special 2415 unless special testing is 2403 Provisions specified REMARKS: Each source shall be approved by Project Engineer or Supervisor for quality prior to use. For questions on quality, contact District Materials or Geology Unit Mn/DOT SD - 15 March 2005 SCHEDULE OF MATERIALS CONTROL XI. ELECTRICAL AND SIGNAL EQUIPMENT ITEMS Page 38 Minimum Required Form Minimum Required Sample p Kind of Material Spec. No. Acceptance Testing No. Sampling Rate for Size (Field Testing Rate) Laboratory Testing 1. Lighting Standards 3811 Visual Inspection (Aluminum or Steel) REMARKS: The Fabricator will submit "Certificate of Compliance ", on a per project basis, to the Structural Metals Engineer. 2. Hand Holes and Pull 2545 2415 or Boxes (Precast) (PVC) 2550 2403 2565 REMARKS: Will be inspected at source by laboratory upon notification. For cast iron frame and cover: see IX.6, Drainage Castings 3. Foundation 2545 Slump as needed 1 cylinder per 20 m (25 Cu. Yd.) 4. Conduit and Fittings A. Metallic 3801 Visual Inspection 2415 or None 3802 2403 REMARKS: Conduit will bear UL labels. Retain Form 2415 or 2403 in Project File B. Non - Metallic 3803 Visual Inspection 2415 or Submit samples if not approved 2403 by brand REMARKS: Conduit will bear UL labels. Retain Form 2415 or 2403 in Project File 5. Anchor bolts 3811.2B(5) Visual Inspection 1 per 100 Units (per Type per Lot Number per Project) REMARKS: The Fabricator will submit test specimens (in quantities sufficient to meet the noted test frequency) to the Maplewood Lab. A copy of the test report will be forwarded to the Structural Metals Engineer. 6. Miscellaneous Hardware Visual Inspection Sample critical items only. One of each item per shipment. (Critical Items are load bearing, structurally necessary items.) REMARKS: Will carry "Inspected tag if sampled and tested prior to shipment. No sample necessary if "Inspected ". Do Not use if not tested. Field sample at sampling rate for laboratory testing. Mn/DOT SD -15 March 2005 SCHEDULE OF MATERIALS CONTROL XI. ELECTRICAL AND SIGNAL EQUIPMENT ITEMS (Cont'd) Page 39 Minimum Required Form Minimum Required Sample Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Size (Field Testing Rate) Laboratory Testing 7. Cable and Conductors A. Power Conductors 3815.2131 Visual Inspection 2415 or None Loop Detector Conductors 3815.2132(a) 2403 (No Tubing) ------------------------------------------------------------------- REMARKS: Make certain the conductors are the type specified. Submit Field Inspection report showing type and quantities used. Shall bear UL label and type where applicable. B. Electrical Cables and 3815.2132(b) Visual Inspection 2415 or 1 sample per size per lot 1.5m (5 ft) Single Conductors with Jacket 3815.2133 2403 3815.2134 3815.2C1 3815.20 3815.2C4 3815.2C5 3815.2C6 3815.2C7 3815.2C8 C. Fiber Optic Cables 3815.2Ci3 Visual Inspection 2415 or 1 sample per size per lot 1.5m (5 ft) 2403 -- ----------------------------------------------------------------- REMARKS: Usually inspected (B &C) .at source and spools stamped. If spools are not stamped, submit sample and material certification from manufacturer. 8. Ground Rods 2545 Visual Inspection 2415 or None. 2565 2403 REMARKS: Retain Form 2415 or 2403 in project file. 9. Luminaires and Lamps 2545 2415 or 2403 -------------------------------------------- REMARKS: Approved by Brand Name. The conductors shall bear UL label and type, where applicable. 10. Electrical Systems -------- --- ------- - - - - -- ----- - - ----------------------------------------------------- Electrical Systems are to be reported as a "System" using the LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer 11. Traffic Signal Systems -- - - - - ---- ----- ------------ ------ - ------- - - - --- ---------------- -- -- ------ - -- - Traffic Signal Systems are to be reported as a System using the LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer 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. GENER STANDARD O O F THE C ONSTR U CTION CO NTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of E C Frofesslonal Engineers A: CC va.Ca us }' . ,insuuwc: C:i,au.i4�rs "'� ErlTI RS 111 1 polffets in Piff"te postim Amov k0o SAW40,y sad Cow PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by a 1 The Associated General Contractors of America Knowledge for Creating and Sustaining the Built 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. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20141 -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 -001) (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 - 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 ............................................................. ..............................9 104 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: INTENT, 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.. ........................... ........................................................................................................ I ......... 11 3.06 Electronic Data ......................................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... .............................11 4.01 Availability of Lands ................................................................................................................. .............................11 4.02 Subsurface and Physical Conditions ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ............................................................................ .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4 .05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ................................................................................................ .............................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 Waiver 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 Taxes ......................................................................................................................................... .............................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. 00700-3 6.16 Emergencies .............................................................................................................................. ............................. 6.17 Shop Drawings and Samples ..................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. ............................. 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ......................................................................................................................... ............................. 621 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. ............................. 7.02 Coordination ............................................................................................................................. ............................. 7.03 Legal Relationships ................................................................................................................... ............................. ARTICLE - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... ............................. 8.03 Furnish Data ............................................................................................................................. ............................. 8.04 Pay When Due ........................................................................................................................... ............................. 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance ................................................................................................................................. ............................... 26 8.07 Change Orders .......................................................................................................................... ............................. 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 ............................................................................................................ ............................. 9.02 Visits to Site ............................................................................................................................... ............................. 9.03 Pro . ectRepresentative .............................................................................................................. ............................. 9.04 Authorized Variations in Work .................................................................................................. ............................. 9.05 Rejecting Defective Work .......................................................................................................... ............................. 9.06 Shop Drawings, Change Orders and Payments ........................................................................ ............................. 9.07 Determinations for Unit Price Work.. .................................................................................................................... 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 .............................................................................. ............................. 10.01 Authorized Changes in the Work ............................................................................................... ............................. 10.02 Unauthorized Changes in the Work .......................................................................................... ............................. 10.03 Execution of Change Orders ..................................................................................................... ............................. 10.04 Notification to Surety ................................................................................................................ ............................. 10.05 Claims ....................................................................................................................................... ............................. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ........................................................................................................................ ............................. 11.02 Allowances ................................................................................................................................ ............................. 11.03 Unit Price Work ........................................................................................................................ ............................. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price... ............................................... ............................................................. ..................... 32 12.02 Change of Contract Times ........................................................................................................ .............................3 12.03 Delays ....................................................................................................................................... ............................. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... ............................. 13.02 Access to Work .......................................................................................................................... ............................. 13.03 Tests and Inspections ................................................................................................................ ............................. 13.04 Uncovering Work ...................................................................................................................... ............................. 13.05 Owner May Stop the Work ........................................................................................................ .............................3 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... ............................. 13.08 Acceptance of Defective Work .................................................................................................. ............................. 13.09 Owner May Correct Defective Work ......................................................................................... ............................. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .................................................. .............................36 14 .01 Schedule of Values .................................................................................................................... ............................. 14.02 Progress Payments .................................................................................................................... ............................. 14.03 Contractor's Warranty of Title ................................................................................................. ............................. 14.04 S ubstantial Completion ........................................................................... ... .......................... 3 7 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.. ........................ ................... ...................................... ....... ............................................ .......... 38 14.07 Final Payment ........................................................................................................................... .............................38 14.08 Final Completion Delayed ........................................................................................................ .............................39 14.09 Waiver of Claims ....................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May 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 16.01 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 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 Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 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. Supplier - -A 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. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 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 but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The 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 Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the 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 modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 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). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "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 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents 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 Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and 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. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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 respon- 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 I. 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. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 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 thereof) 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 sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 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 any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, 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 © 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 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the 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: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 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 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 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 5.01.13, 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 5.01.13 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 A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are 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; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4, include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 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; Owner; 5. allow for partial utilization of the Work by 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. 00700-16 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 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, 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 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 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 all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall 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 lay out 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 © 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. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; 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 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine 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. 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. 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, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: 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; 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 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 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by 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. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 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 6.06.13), 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 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 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 Pennits 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. 00700-21 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 all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions 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 14.07.13 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 a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: 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 with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 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. 00700-23 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. 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 A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its 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 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 limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or 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 and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 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.OLA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.OLA 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 14.02.0 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 Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 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 Hazardous Environmental Condition 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 - ENGINEER'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 functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 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 10.05.8. 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 14.07.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 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 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 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If 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 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 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 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. 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 acceptable to Owner and 5.06.1)), 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 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 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 PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, 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 11.0I.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; 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 12.0l.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.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 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 ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. 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 13.03.0 and 13.03.13 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 to 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. An rights reserved. 00700-33 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 May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 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 May Correct Defective Work A. If Contractor fails within a reasonable time. after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. 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 COMPLETION 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 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: a. the Work has progressed to the point indicat- ed; 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 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subse- quentl discovered evidence or the results o subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 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 14.02.13) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or 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 set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor 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 14.02.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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 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 A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.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 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner 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 the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been complet and Contractor's other oblig ations EJCDC C -700 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 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 any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 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 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, 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 © 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 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. 00700-41