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IP #999PROJECT NO. 999 2018 Street Infrastructure MSA Project - $1,160,000 2017-39 03/13/17 Resolution authorizing an application for a Hennepin County grant through the 2017 bikeway participation program; and committing to the long-term maintenance of the Boone Avenue bikeway infrastructure (Improvement Project No. 999) 2017-83 6/26/17 Resolution authorizing the preparation of a feasibility report for construction of the 2018 Municipal State Aid (MSA) Infrastructure Improvements project (improvement project no. 999) 2017-119 10/23/17 Resolution Accepting Feasibility Report on 2018 Infrastructure Improvement Project No. 999 and Calling for a Public Hearing to Consider Ordering Project 2017-131 11/27/17 Public hearing — Resolution ordering the construction of and preparation of plans and specifications for the 2018 MSA Infrastructure Improvement Project (project no. 999) 2017-140 12/11/17 Resolution requesting municipal state aid street funds advance for 2018 infrastructure project (improvement project no. 999) 2018-20 1/24/18 Resolution approving plans and specifications and authorizing advertisement for bids for the 2018 MSA Infrastructure Improvement Project (project no. 999) 2018-39 3/12/18 Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for street improvements to 36th Avenue N (2018 MSA Infrastructure Improvement Project) 2018-40 3/12/18 Resolution authorizing an application for a Hennepin County grant through the 2018 bikeway participation program; and committing to the long-term maintenance of the Boone Avenue bikeway infrastructure (Improvement Project No. 999) 2018-41 3/12/18 Resolution awarding contract to Valley Paving, Inc. for construction of public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) 2018-103 9/24/18 Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with infrastructure improvement no. 999 2018-104 9/24/18 Resolution calling for a public hearing on assessments for infrastructure improvement no. 999 (2018 MSA Infrastructure Improvement Project) 2018-121 10/22/18 Resolution adopting assessments for improvement project no. 999 (2018 Infrastructure Project) 2018-124 10/22/18 Resolution approving change order no. 1 for Valley Paving, Inc. Contract for public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) 2018-125 10/22/18 Resolution approving final payment to Valley Paving, Inc. in the amount of $48,551.61 for completion of public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) HENNEPIN COUNTY MINNESOTA January 17, 2019 Mr. Bernie Weber Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Hennepin County Agreement No. PW 36-39-18 CP 2184500 Dear Mr. Weber; Enclosed you will find the fully executed agreement for the above project for your records. If you have any questions concerning the agreement, please feel free to contact me at 612-596- 0307. Sincerely, P&a-'L� C!, �' �- Sharon E. Wessel Administrative Assistant Office of the Director Project Delivery / County Engineer /sew Enclosure Hennepin County Public Works - Transportation Project Delivery 1600 Prairie Drive, Minneapolis, MN 55340 612-596-0307 1 hennepin.us [I Agreement No. PW 36-39-18 County Project No. 2184500 City of New Hope County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this '° day of , 20& by and between the County of Hennepin, a body politic and corporate un r the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City desires to construct a 2.5 milks of on -street bicycle facilities along Boone Avenue North from 49th Avenue North to Medicite Lake Road, and off-street trail improvements between Medicine Lake Road and 28th Avenue North, as shown on the plans for City Project No. 999 and 1017, (County Project No. (CP) 2184500), and which shall hereinafter be referred to as the "Project"; and WHEREAS, the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS, the City has requested that the County approve the plans and specifications, and the County has indicated its willingness to approve the plans and specifications; and WHEREAS, the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as -built plans required on the Project; and WHEREAS, upon completion of the construction projects, the City will assume maintenance responsibilities of the improvements at no cost to the county; and WHEREAS, the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS, the County will participate in its share of the costs to construct the Project as set forth herein; and WHEREAS, it is contemplated that the work will be carried out by the parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. - 1 - _e7e Agreement No. PW 36-39-18 CP 2184500 NOW THEREFORE, IT IS HEREBY AGREED: The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of the plans and specifications from the County; advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and, perform the required engineering and inspection; all in accordance with the plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. The plans and specifications shall conform to Minnesota Department of Transportation (MnDOT) Design Standards applicable to municipal roadways and be consistent with applicable MnDOT Bicycle Transportation Planning and Design Guidelines. In addition, the plans and specifications must comply with the requirements of the Americans with Disabilities Act (ADA). Attached is a copy of the MnDOT ADA Compliance Checklist (Curb Ramp) form. The City or its agents shall complete the form for each curb ramp constructed as part of the Project and return to the County. The City understands and agrees that payment will not be made by the County until all required ADA certification forms have been received and verified by the County. (For instructions on how to fill and submit the form, visit https://www.fieiuiepin.usrre iidents/transportatii)n/�Eda-transition- plan) II At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the Project design process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the Project proposed herein. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as -built plans certified as to their accuracy by the City Engineer. The as -designed plans, specifications and as -built plans for the Project shall be provided by the City at no cost to the County. All designs and plans shall be submitted to Public Works Transportation Project Delivery Design Division Manager. III The City or its agents shall administer the construction contract and perform all necessary engineering, inspection and testing. -2- Agreement No. PW 36-39-18 CP 2184500 The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. The permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. It is understood and agreed by the City that construction of the Project shall be completed to the satisfaction of the County within three years of the date this agreement has been signed by the parties hereto. IV The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County Highway Engineer and representative staff shall have the right, at all reasonable times as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make reasonably necessary changes in the above referenced approved plans to satisfactorily and completely execute the project, and the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction that are deemed necessary, advantageous or desirable in plans that are within the original scope of the Project. However, the City will obtain the approval of the County's Highway Engineer or designated representative on change orders or supplemental agreements that in the judgement of the City significantly change the original scope of the Project. The County will respond to the City's request for approvals within a reasonable time frame. CI The City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project, at no cost to the County. VI The County will participate in the construction costs for the Project as provided herein. The County's cost participation shall be a not to exceed (NTE) amount of Fifty Five Thousand Two Hundred Seventy Five Dollars and No Cents ($55,275.00). The City understands and agrees that the County's total and only cost participation for the Project shall be $55,275.00. In an instance in which the actual construction cost of the project comes below an estimated amount, the County's cost participation in such a case shall be 50% of the actual amount or at a NTE amount of $55,275.00, whichever is less. Upon completion of the Project per the scope of work set forth in the "whereas" clauses above -3- Agreement No. PW 36-39-18 CP 2184500 and the "Project Checklist for Infrastructure Funding Recipients," attached herein, the City shall notify the County and submit an invoice for one hundred percent (100%) of the County's share of the costs for the Project. The invoice shall include: date of invoice, invoice number, name of the project manager (Mr. Robert Byers, P.E.), project name, county project number (C.P. 2184500), contract number, and purchase order number. The City shall include one project per invoice, provide the county with complete as built plans, and before and after photographs of the project. Upon approval and acceptance of the completed Project as well as all MnDOT ADA Compliance Checklist forms by the County Engineer or designated representative and within forty-five (45) days of receipt of the invoice, the County shall reimburse the City for its share of the costs for the Project. Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices and project documentation should also be submitted to bikeplun@henn! Jpin.us It is understood by the City that the funds the County has set aside for the Project will be available for payment to the City for three years from the date of the County Board resolution approving the funding of the project (8/21/2021). It is further understood and agreed by the City that the County will not participate in the Project costs as set forth herein if the City has not invoiced the County within the three year period. VII It is understood and agreed by the parties hereto that upon completion of the Project, all improvements included in the Project shall become the property of the City and all routine maintenance, restoration or repair, including but not limited to: simple, small-scale activities, usually requiring minimal skills or training, associated with regular (daily, weekly, monthly, etc.) and general upkeep against normal wear and tear, required thereafter shall be performed by the City at no expense to the County. VIII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. IX The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City or the city's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the -4- Agreement No. PW 36-39-18 CP 2184500 performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. X It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XI The City also agrees that any contract let by the City or its agents for the performance of the work on the Project as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the Contractor, its officers, employees, agents or subcontractors in performing work on the Project; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2,000,000 Products --Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 5 2. L Agreement No. PW 36-39-18 CP 2184500 Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non -owned, and hired automobiles: Workers' Compensation and Employer's Liability: A. Workers' Compensation If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident Disease - Policy Limit Disease - Each Employee Professional Liability — Per Claim Aggregate $1,500,000 Statutory $500,000 $500,000 $500,000 $1,500,000 $2,000,000 It is understood and agreed by the parties hereto that the above listed Professional Liability insurance will not be required in any construction contract let by City if the City's Contractor is not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the -6- Agreement No. PW 36-39-18 CP 2184500 work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XIII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Highway Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XIV It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. hmT The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XVI The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) Agreement No. PW 36-39-18 CP 2184500 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE, (Seal) By: EL�f Mayor Date: And: Manager Date: l to COUNTY OF HENNEPIN ATTEST: BY= ,� By: Deputy/Clerk of the County Board C air fits County Board Date: / D APPROVED AS TO FORM: A By: ATD As st nt County Attorney Date: 1Z/311 g A APPROVED AS TO EXECUTION - By: G y: �n As � antt County Attorney Date: 1/ i 1Jq It RECOMMENDED FOR APPROVAL County Highway Engineer Date: � r RECOM DED F R APPROVAL By: Transpotion Operations Department FA -8- Agreement No. PW 36-39-18 CP 2184500 I IT IS OK TO SUBMIT SCANNED COPIES MnDOT ADA Compliance Checklist (Curb Ramp) SP: City: District: Intersection: F Quadrant: Ramp Type: Const. Year: Compile aItrelevant daaumenis (photos, cheddfst, notes, etc) of [he completed quadrant and upload them using the NennPlace Asset Management Site. Registration is required To create an account, please register for an account and use tine following step-by-step reference guide on our RDA transition play? page under checkdist guide." (1) Minimum 4' wide pedestrian access route (PAR) maintained? C Yes C No (2) Landing meets min. 4'x4' and perpendicular grade break(s)? C Yes C No (3) Are landing(s) located at the top of each ramp and ®Yes ®No at change(s) in direction and at inverse grades? (4) Landing slopes (%): (TH) (TH) (SS) (SS) (5) Ramp's running slope (%): TH TH SS 0 SS Initial Secondary Initial Secondary (6) Ramp's cross slope (%): �TH TH SS SS Initial Secondary Initial Secondary (7) Gutter flow line slope (%): 0 TH 0 SS (8) Gutter inslope (%): �TH 0 SS TH =Trunk Highway (9) Roadway cross slope (%); TH 0 SS SS = Side Street (10) Do truncated domes cover the entire curb opening and are ®Yes ®No they properly oriented? (11) Are gutter line and ramps draining properly? ® Yes C No (12) Are there any vertical discontinuities greater than 1/4"? ® Yes ® No (13) Do ramps comply with Spec 2521.3? C Yes ® No (14) Are ramps fully compliant? CYes O No If NO, check the reason(s) below. Explain why the ramp didn't meet compliance and how the ramp has been improved from the pre -construction condition (see ADA Compliance Checklist Guidance for more info and attach pages if needed). Hennepin ❑Topography ❑Structure(s) ❑Utilities [-]Contractor ❑ County (15) Was the curb ramp able to be built according to the plan details? C Yes C No If NO, please explain: Printed Name: I Date (mm/dd/yyyy): ❑✓ I cerrifo thatthe mformation entered on this Dorm is accurate to the befit of ma knovAcdge and that I Fully understand the checklist standards and am c uahfied to canes, out the inspection. FILL OUT FORM AND SUBMIT TO HENNEPIN COUNTY Agreement No. PW 36-39-18 CP 2184500 11 11 =► 'Hennepin County Sidevialk and Blkev�ay Parbdpaiien PrOgFam Project Checklist for Infrastructure Fur ding Recipients Congratulations on receiving funding! This checklist outlines key deliverables to be met during project implementation. A formal cooperative agreement (forthcoming) will provide further detail regarding recipient responsibilities and required coordination with the county for the duration of the project. The program is a reimbursable arrangement. Documentation of total costs should accompany a single and final invoice, and must be submitted 3 years from the date of the Hennepin County Board resolution approving the funding of the project. I. PRIOR TO CONSTRUCTION Prior to beginning construction, the Recipient will. ❑ Provide plans and specifications to Jessa Trboyevich at Hennepin County Public Works for review and approval as follows; electronic submittals at 60%, 90%, and 100%; comment response letter with 90% and 100% package; hard copy of plans at 100% with title sheet for county signature. Title sheet for county signature must arrive two weeks prior to project advertisement and include city signature, Plans and specifications shall conform to County and Minnesota Department of Transportation (1WnDGT} construction and design standards, meet requirements of the Americans with Disabilities Act (ADA), and be consistent with Mr?DGT"s Bicycle Transportation Planning- and Design Guidelines as ca,pplicoble. ❑ Provide one (1) complete plan set of county -approved plans and specifications. This may be submitted electronically. II. DURING CONSTRUCTION In accordance with plans and specifications, the Recipient will: ❑ Upon request, provide the county with all required permits and approvals obtained priorto construction. ❑ Submit any change orders or supplemental agreements that change the scope of the project to the County Engineer or designated representatives. ❑ All insurance policies shall be open to inspection by the county and copies of policies shall be submitted to the county upon written request. - 10 - 4L Agreement No. PW 36-39-18 CP 2184500 fHennepin County Sidewalk and Bikeway Participation Program 111. PROJECT CLOSEOUT Upon project completion, the Recipient will: ❑ Provide the county with complete as built plans, and before and after photographs of the project. ❑ Submit ADA checklist via the HennPlace ►asset Management site. ❑ Notify the county and submit an invoice for 100% of the county's share of costs. To submit an invoice, follow the procedures detailed in the cooperative agreement. ❑ Include the following elements in your invoice: • Date of invoice • Invoice number • Name of the project manager • Project name • County project number, contract number, and purchase order number ❑ Include one project per invoice ❑ Mail invoice and supporting documentation to: Hennepin County Accounts Payable P.O. Box 1388 Minneapolis, MN 55440-1388 ❑ Submit an electronic copy of invoice and supporting documentation to Wkeplan (@ hen nepin.u5hen nepin.u5 Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution approving final payment to Valley Paving, Inc. in the amount of $48,551.61 for completion of public improvement project no. 999 (2018 MSA Infrastructure Improvements Project) Requested Action Staff recommends that Council pass a resolution and authorize final payment for public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) to Valley Paving, Inc. in the amount of $48,551.61. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The project generally consisted of mill and overlay street improvements including minimal utility improvements for Boone Ave N and 36th Ave N. The project also created an on -street bike lane on Boone Avenue, with trail installation at the RSI school at 2711, Avenue. Three pedestrian bump -outs, located at Northwood Park, Sonnesyn Elementary, and RSI Elementary, were also installed as alternates on this contract. Funding The original contract amount for this project was $1,014,210.01. If Council approves Item 8.2 (change order no. 1), the contract will be amended to include $10,000 for meeting substantial completion milestones, resulting in a revised contract amount of $1,024,210.01. The final construction amount is $1,079,528.02, which is $55,318.01 over the revised contract amount. This overrun was primarily due to additional quantity required for curb replacement and milling and patching of the existing pavement prior to final wear course paving. Attachments • Resolution City Engineer Memorandum Pay Request I:\RFA\PUBWORKS\2018\Council\999 2018 MSA Boone Avenue\ 10-15 Final Payment City of New Hope Resolution No. 18- 125 Resolution approving final payment to Valley Paving, Inc. in the amount $48,551.61 for completion of public improvement project no. 999 (2018 MSA Infrastructure Improvements Project) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Valley Paving, Inc. for construction of the 2018 MSA Infrastructure Improvements; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 999 and approve final payment to Valley Paving, Inc. in the amount of $48,551.61; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Valley Paving, Inc. NOW, THEREFORE, BE IT RESOLVED, That the City Council accepts the 2018 MSA Infrastructure Project from Valley Paving, Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $48,551.61. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of October, 2018. Z Mayor Attest: City Clerk 5 Stantec October 17, 2018 File: 193803898 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 2018 MSA Infrastructure Improvements - Final Payment City Project #999 Dear Bernie, Enclosed find the final pay request and the IC-134 forms for the 2018 MSA Infrastructure Improvements project. The contractor, Valley Paving Inc., has completed the work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $48,551.61 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $1,014.210.01. The contract was amended to including one change order, resulting in a Revised Contract Amount of $1,024,210.01. Change Order No. 1, in the amount of $10,000.00, provided additional payment for incentive payment. The Final Construction Amount is $1,079,528.02, which is $55,318.01 over the Revised Contract Amount. This overrun was primarily due to additional quantity required for curb replacement and milling and patching of the existing pavement prior to final wear course paving. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. Attachments: Final Pay Request & IC-134's c. Kirk McDonald, Valerie Leone, Megan Albert, Andrew Kramer, Dave Lemke, Shawn Markham, Jim Muellner - New Hope; Ann Dienhart, Kellie Schlegel - Stantec. Design with community in mind Page 1 of 11 NEW HOPE, CITY OF S��,, �„ 4401 Xylon Avenue N ' � [ �. eC New Hope, MN 55428 Project SAP 182-101-019 [999] - 2018 MSA Infrastructure Improvements Request for Payment No. 4/FINAL Contractor: Valley Paving, Inc. City Project No.: 999 8800 13th Avenue E Stantec Project No.: 193803898 Shakopee, MN 55379 For Period: 9/19/2018 - 10/8/2018 Contract Amounts Original Contract $1,014,210.01 Contract Changes $10,000.00 Revised Contract $1,024,210.01 Work Certified To Date Base Bid Items $1,069,528.02 Backsheet $0.00 Change Order $10,000.00 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $1,079,528.02 Work Certified Work Less Less Amount Paid Total This Request for Certified Amount Previous This Request for Amount Payment To Date Retained Payments Payment Paid To Date SAP 182-101-019 $38,137.71 $1,079,528.02 $0.00 $1,030,976.41 $48,551.61 $1,079,528.02 [999] Percent Retained: 0.0000% Amount Paid This Final Request for Payment $48,551.61 I hereby certify that all Items and amounts shown are correct for the work completed to date. Contractor: VALLEY PAVING. By: Date: The Work on this project and application has been reviewed and the amount shown Is recommended for payment. Engineer STANTEC CONSULTING LTD. By: _ Date: Approved for Payment Owner: CITY OF NEW HOPE By: Date: Page 4 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 19991 Payment Summary No. From Date To Date Work Certified Amount Retained Amount Paid Per Request for Payment Per Request for Payment Per Request for Payment 1 05/01/2018 06/05/2018 $247,251.56 $12,362.58 $234,888.98 2 06/06/2018 08/22/2018 $682,636.37 $34,131.82 $648,504.55 3 08/23/2018 09/18/2018 $111,502.38 ($36,080.50) $147,582.88 4 09/19/2018 10/08/2018 $38,137.71 ($10,413.90) $48,551.61 Totals: $1,079,528.02 $0.00 $1,079,528.02 SAP 182-101-019 [9991 Fundina Cateaory Report Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid No. To Date Retained Payments Request for Payment To Date 182-101-019 839,178.40 0.00 798,313.14 40,865.26 839,178.40 182-106-012 128,286.38 0.00 121,720.66 6,565.73 128,286.38 116-313-014 96,883.24 0.00 95,914.41 968.83 96,883.24 Non -Participating 15,180.00 0.00 15,028.20 151.80 15,180.00 Totals: $1,079,528.02 $0.00 $1,030,976.41 $48,551.62 $1,079,528.02 SAP 182-101-019 [9991 Funding Source Reoort Accounting Funding Amount Paid Revised Funds Paid To No. Source This Contract Encumbered Contractor Request for Payment Amount To Date To Date 1 New Hope MSA - Boone Ave 40,865.26 759,691.95 754,691.95 839,178.40 2 New Hope MSA - 36th Ave 6,565.73 142,995.68 137,995.68 128,286.38 3 Crystal MSA - 36th Ave 968.83 106,831.38 106,831.38 96,883.24 4 New Hope - Storm Fund 151.80 14,691.00 14,691.00 15,180.00 Totals: $48,551.62 $1,024,210.01 $1,014,210.01 $1,079,528.02 Page 5 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 f999.1 Project Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment Payment Base Bid 1 2021.501 MOBILIZATION LS $15,000.00 1 0 $0.00 1 $15,000.00 2 2101.502 CLEARING TREE $515.00 1 0 $0.00 1 $515.00 3 2101.507 GRUBBING TREE $515.00 1 0 $0.00 1 $515.00 REMOVE 4 2104.501 CURB & LF $7.00 1525 0 $0.00 3459 $24,213.00 GUTTER REMOVE 5 2104.501 SEWER PIPE LF $15.00 44 0 $0.00 41 $615.00 (STORM) REMOVE 6 2104.509 MANHOLE OR EA $425.00 1 0 $0.00 0 $0.00 CATCH BASIN REMOVE 7 2104.503 BITUMINOUS SF $3.00 78 0 $0.00 78 $234.00 WALK REMOVE 8 2104.503 CONCRETE SF $2.00 370 0 $0.00 387 $774.00 DRIVEWAY PAVEMENT REMOVE 9 2104.505 BITUMINOUS SY $4.20 3560 547 $2,297.40 2422 $10,172.40 PAVEMENT REMOVE 10 2104.505 CONCRETE SY $8.50 211 304 $2,584.00 694 $5,899.00 WALK 11 2104.509 REMOVE EA $190.00 25 0 $0.00 29 $5,510.00 CASTING REMOVE 12 2104.509 LOOP EA $103.00 33 0 $0.00 33 $3,399.00 DETECTOR SAWING 13 2104.513 BITUMINOUS LF $3.50 530 0 $0.00 477 $1,669.50 PAVEMENT - STREET 14 2104.523 SALVAGE EA $36.00 36 9 $324.00 50.67 $1,824.00 SIGN COMMON 15 2105.501 EXCAVATION CY $18.00 650 0 $0.00 945 $17,010.00 (EV) SUBGRADE 16 2105.507 EXCAVATION CY $20.00 286 0 $0.00 184.11 $3,682.37 (CV) GEOTEXTILE 17 2105.604 FABRIC - SY $1.50 1050 0 $0.00 926 $1,389.00 TYPE V STREET 18 2123.610 SWEEPER HR $150.00 25 0 $0.00 74.25 $11,137.50 (WITH PICKUP BROOM) AGGREGATE 19 2211.501 BASE, CLASS TN $20.00 796 0 $0.00 858.38 $17,167.60 5 20 2231.501 BITUMINOUS TN $77.00 473 32.34 $2,490.18 620.84 $47,804.68 PATCHING Page 6 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 f9991 Proiect Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment Payment MIXTURE MILL 21 2232.501 BITUMINOUS SY $0.67 54318 0 $0.00 61493.78 $41,200.83 SURFACE (2.0") BITUMINOUS 22 2357.502 MATERIAL GAL $1.50 3015 0 $0.00 1975 $2,962.50 FOR TACK COAT TYPE SP 9.5 23 2360.501 WEARING TN $63.65 6496 9.99 $635.86 6580.65 $418,858.37 COURSE MIXTURE (4,E) TYPE SP 9.5 24 2360.501 WEARING TN $76.00 140 149.67 $11,374.92 202.81 $15,413.29 COURSE MIX (2,B) TYPE SP 12.5 NON 25 2360.501 WEARING TN $59.10 725 -23.06 ($1,362.85) 664.93 $39,297.36 COURSE MIXTURE (4,B) 26 2502.541 4" PERF PVC LF $19.00 90 0 $0.00 87 $1,653.00 PIPE DRAIN 21" RC PIPE 27 2503.511 SEWER LF $84.00 44 0 $0.00 43 $3,612.00 CLASS V 28 2504.602 VALVE BOX EA $275.00 11 0 $0.00 3 $825.00 29 2504.602 ADJUST EA $365.00 3 0 $0.00 4 $1,460.00 VALVE BOX 30 2506.603 CONSTRUCT LF $650.00 7.5 0 $0.00 14 $9,100.00 RISER 31 2506.521 INSTALL EA $650.00 26 0 $0.00 28 $18,200.00 CASTING 32 2506.602 INSTALL EA $2,800.00 1 0 $0.00 1.07 $3,000.00 CATCH BASIN CONNECT TO 33 2506.602 EXISTING EA $900.00 6 0 $0.00 7 $6,300.00 STRUCTURE CONNECT TO 34 2503.602 EXISTING EA $900.00 1 0 $0.00 3.05 $2,745.85 STORM SEWER 35 2521.501 4" CONCRETE SF $5.20 1375 0 $0.00 1098 $5,709.60 WALK 36 2521.501 6" CONCRETE SF $9.00 730 0 $0.00 279.28 $2,513.50 WALK CONCRETE 37 2531.603 CURB AND LF $20.60 1525 0 $0.00 3089 $63,633.40 GUTTER 7" CONCRETE 38 2531.507 DRIVEWAY SY $59.75 345 0 $0.00 433.05 $25,874.74 PAVEMENT 39 2531.618 TRUNCATED SF $57.00 132 0 $0.00 83 $4,731.00 DOMES Page 7 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [9991 Request for Payment No. 4/FINAL SAP 182-101-019 f9991 Project Item Status Quantity Amount Line Item Description Units Unit Price Contract This Request This Quantity Amount Quantity for Request for To Date To Date Payment Payment RIGID PVC 40 2565.602 LOOP EA $1,200.00 5 0 $0.00 5 $6,000.00 DETECTOR 6'X6' 41 2563.601 TRAFFIC LS $5,200.00 1 0 $0.00 1 $5,200.00 CONTROL 42 2563.601 DETOUR LS $2,600.00 1 0 $0.00 1 $2,600.00 SIGNING 43 2564.531 SIGN PANELS SF $41.20 350 0 $0.00 { 346.67 $14,282.80 REVISE 44 2565.616 SIGNAL SYS $42,000.00 1 0 $0.00 1.03 $43,497.01 SYSTEM 45 2673.530 INLET EA $125.00 21 0 $0.00 33 $4,125.00 PROTECTION LOAM 46 2574.525 TOPSOIL CY $49.00 220 0 $0.00 185.5 $9,089.50 BORROW SEED 47 2575.502 MIXTURE 25- LB $4.80 60 0 $0.00 106 $508.80 151 EROSION 48 2575.523 CONTROL SY $1.50 1255 907 $1,360.50 2201 $3,301.50 BLANKETS CATEGORY 0 PAVEMENT 49 2582.501 MESSAGE SF $6.90 680 0 $0.00 805 $5,554.50 EPDXY PAVEMENT 50 2582.501 MESSAGE SF $6.15 4630 0 $0.00 2712 $16,678.80 PAINT 51 2582.502 4" SOLID LINE LF $0.30 9031 0 $0.00 16148 $4,844.40 EPDXY 52 2582.502 4" SOLID LINE LF $0.20 24450 0 $0.00 23702 $4,740.40 PAINT 53 2582.502 4" BROKEN LIN FT $0.30 1900 0 $0.00 1620 $486.00 LINE EPDXY 54 2582.502 4" BROKEN LF $0.20 7450 0 $0.00 622 $124.40 LINE PAINT 4" DOUBLE 55 2582.502 SOLID LINE LF $0.55 8610 0 $0.00 1637 $900.35 EPDXY 4" DOUBLE 56 2582.502 SOLID LINE LF $0.40 2600 0 $0.00 1063 $425.20 PAINT 57 2582.502 12" SOLID LF $5.30 230 0 $0.00 75 $397.50 LINE EPDXY 58 2582.502 24" SOLID LF $8.00 106 0 $0.00 152 $1,216.00 LINE EPDXY 59 2582.502 24" SOLID LF $5.75 104 0 $0.00 101 $580.75 LINE PAINT 60 2582.503 CROSSWALK SF $5.00 775 0 $0.00 774 $3,870.00 EPDXY 61 2582.503 CROSSWALK SF $4.00 1475 0 $0.00 1584 $6,336.00 PAINT Page 8 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 [9991 Project Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment Payment $970,380.40 Totals For Section Base Bid: $19,704.01 Alternate No. 1: Boone Circle Pedestrian Bump Out 62 2021.501 MOBILIZATION LS $1,200.00 1 0 $0.00 1 $1,200.00 REMOVE 63 2104.501 CURB & LF $7.00 90 0 $0.00 68 $476.00 GUTTER REMOVE 64 2104.505 BITUMINOUS SY $14.00 75 0 $0.00 0 $0.00 PAVEMENT REMOVE 65 2104.505 CONCRETE SY $12.00 30 0 $0.00 8 $96.00 WALK SAWING 66 2104.513 BITUMINOUS LF $2.50 150 0 $0.00 0 $0.00 PAVEMENT - STREET GEOTEXTILE 67 2105.604 FABRIC - SY $2.50 30 0 $0.00 0 $0.00 TYPE V AGGREGATE 68 2211.501 BASE, CLASS TN $45.00 10 0 $0.00 21.3 $958.50 5 BITUMINOUS 69 2231.501 PATCHING TN $170.00 20 0 $0.00 6.97 $1,186.48 MIXTURE 70 2521.501 6" CONCRETE SF $9.00 270 0 $0.00 500 $4,500.00 WALK CONCRETE 71 2531.603 CURB AND LF $21.00 100 0 $0.00 121 $2,541.00 GUTTER 72 2531.618 TRUNCATED SF $57.00 64 0 $0.00 61 $3,477.00 DOMES 73 2563.601 TRAFFIC LS $515.00 1 0 $0.00 1 $515.00 CONTROL LOAM 74 2574.525 TOPSOIL CY $49.00 20 0 $0.00 0 $0.00 BORROW SEED 75 2575.502 MIXTURE 25- LB $4.80 5 0 $0.00 5 $24.00 151 EROSION 76 2575.523 CONTROL SY $1.50 95 0 $0.00 0 $0.00 BLANKETS CATEGORY 0 77 2582.503 CROSSWALK SF $9.00 204 0 $0.00 0 $0.00 PAINT Totals For Section Alternate No. 1: Boone Circle Pedestrian Bump $0.00 $14,973.98 Out: Alternate No. 2: 34th Ave. Pedestrian Bump Out 78 1 2021.501 MOBILIZATION LS $1,200.00 1 0 $0.00 1 $1,200.00 REMOVE 79 2104.501 CURB & LF $7.00 220 0 $0.00 166.5 $1,165.50 GUTTER REMOVE Page 9 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 [9991 Project Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment Payment 80 2104.503 BITUMINOUS SF $1.00 _ 485 0 $0.00 1010 $1,010.00 WALK REMOVE 81 2104.607 BITUMINOUS SY $9.00 160 0 $0.00 403 $3,627.00 PAVEMENT REMOVE 82 2104.505 CONCRETE SY $11.00 105 0 $0.00 11 $121.00 WALK 83 2104.509 REMOVE EA $190.00 1 0 $0.00 1 $190.00 CASTING GEOTEXTILE 84 2105.604 FABRIC - SY $2.50 70 0 $0.00 0 $0.00 TYPE V BITUMINOUS 85 2357.502 MATERIAL GAL $1.50 6 0 $0.00 0 $0.00 FOR TACK COAT TYPE SP 9.5 86 2360.501 WEARING TN $65.00 56 0 $0.00 0 $0.00 COURSE MIXTURE (4,E) SAWING 87 2104.513 BITUMINOUS LF $3.50 300 0 $0.00 67 $234.50 PAVEMENT - STREET REMOVE 88 2104.509 MANHOLE OR EA $425.00 1 0 $0.00 1 $425.00 CATCH BASIN AGGREGATE 89 2211.501 BASE, CLASS TN $45.00 20 0 $0.00 10 $450.00 5 BITUMINOUS 90 2231.501 PATCHING TN $170.00 35 49.61 $8,433.70 49.61 $8,433.70 MIXTURE 91 2506.521 INSTALL EA $725.00 1 0 $0.00 1 $725.00 CASTING 92 2506.602 INSTALL EA $2,600.00 1 0 $0.00 1 $2,600.00 CATCH BASIN 93 2521.501 4" CONCRETE SF $5.00 225 0 $0.00 188 $940.00 WALK 94 2521.501 6" CONCRETE SF $9.00 700 0 $0.00 700 $6,300.00 WALK 7"CONCRETE 95 2531.507 DRIVEWAY SY $60.00 215 0 $0.00 231.4 $13,884.00 PAVEMENT CONCRETE 96 2531.603 CURB AND LF $21.00 230 0 $0.00 280 $5,880.00 GUTTER 97 2531.618 TRUNCATED SF $57.00 120 0 $0.00 120 $6,840.00 DOMES 98 2563.601 TRAFFIC LS $515.00 1 0 $0.00 1 $515.00 CONTROL LOAM 99 2574.525 TOPSOIL CY $49.00 115 0 $0.00 0 $0.00 BORROW Page 10 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 982-101»019 rR99 Project Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment Payment SEED 100 2575.502 MIXTURE 25- $4.80 30 0 $0.00 30 $144.00 151 FB EROSION 101 2575.523 CONTROL $1.50 670 0 $0.00 198 $297.00 BLANKETS CATEGORY 0 102 2582.503 CROSSWALK SF $9.00 552 0 $0.00 0 $0.00 PAINT Totals For Section Alternate No. 2: 34th Ave. Pedestrian Bump $8,433.70 �$54,981�10 Out: Alternate No. 3: 28th Ave. Pedestrian Bump Out 103 2021.501 MOBILIZATION LS $1,200.00 1 0 $0.00 1 $1,200.00 REMOVE 104 2104.501 CURB & LF $7.00 100 0 $0.00 136 $952.00 GUTTER REMOVE 105 2104.501 SEWER PIPE LF $15.00 13 0 $0.00 30 $450.00 (STORM) REMOVE 106 2104.505 BITUMINOUS SY $9.00 60 0 $0.00 33.7 $303.30 PAVEMENT REMOVE 107 2104.505 CONCRETE SY $11.00 30 0 $0.00 30 $330.00 WALK 108 2104.509 REMOVE EA $190.00 1 0 $0.00 1 $190.00 CASTING REMOVE 109 2104.509 MANHOLE OR EA $425.00 1 0 $0.00 1 $425.00 CATCH BASIN SAWING 110 2104.513 BITUMINOUS LF $3.50 140 0 $0.00 0 $0.00 PAVEMENT - STREET GEOTEXTILE 111 2105.604 FABRIC - SY $2.50 30 0 $0.00 0 $0.00 TYPE V AGGREGATE 112 2211.501 BASE, CLASS TN $45.00 10 0 $0.00 14 $630.00 5 BITUMINOUS 113 2231.501 PATCHING TN $170.00 15 0 $0.00 14.73 $2,504.14 MIXTURE 12" RC PIPE 114 2503.511 SEWER DES LF $56.00 46 0 $0.00 73 $4,088.00 3006 CL V CONNECT TO 115 2630.00056 EXISTING EA $900.00 1 0 $0.00 1 $900.00 STORM SEWER PIPE 116 2506.521 INSTALL EA $725.00 1 0 $0.00 1 $725.00 CASTING 117 2506.602 INSTALL EA $2,600.00 2 0 $0.00 1 $2,600.00 CATCH BASIN 1 INSTALL Page 11 of 11 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. SAP 182-101-019 [999] Request for Payment No. 4/FINAL SAP 182-101-019 r9991 Proiect Item Status Quantity Amount Contract This This Quantity Amount Line Item Description Units Unit Price Quantity Request Request for To Date To Date for Payment EA I $3,200.00 1 Payment 0 $0.00 Y 1 118 2506.602 MANHOLE $3,200.00 119 2521.501 6" CONCRETE SF $5.00 180 0 $0.00 383.5 $1,917.50 WALK CONCRETE 120 2531.603 CURB AND LF $21.00 110 0 $0.00 146 $3,066.00 GUTTER 121 2531.618 TRUNCATED SF $57.00 44 0 $0.00 52 $2,964.00 DOMES 122 2563.601 TRAFFIC CONTROL LS $515.00 1 0 $0.00 1 $515.00 LOAM 123 2574.525 TOPSOIL CY $49.00 20 0 $0.00 42 $2,058.00 BORROW SEED 124 2575.502 MIXTURE 25- LB $4.80 5 0 $0.00 5 $24.00 151 EROSION 125 2575.523 CONTROL SY $1.50 100 0 $0.00 100 $150.00 BLANKETS CATEGORY SF $9.00 126 2582.503 CROSSWALK 204 0 $0.00 0 $0.00 PAINT Totals For Section Alternate No. 3: 28th Ave. Pedestrian Bump $0.00 $29,191.94 Out: Change Order 1 - Incentive Payment 127 2016.621 CONTRACT DOLLAR $10,000.00 1 1 $10,000.00 1 $10,000.00 TIME Totals For Change Order 1 - Incentive Payment: $10,000.00 $10,000.00 Project Totals: $38,137.71 $1,079,528.02 SAP 182-101-019 j999] Contract Changes No. Type Date Explanation Estimated Amount Amount Paid To Date CO1 Change Order 9/27/2018 Incentive Payment $10,000.00 $10,000.00 Contract Change TotaW-J $10,000.00 $10,000.00 IPAVINEo -M 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com October 11, 2018 Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, MN 5.5113 Attn: Mr. Chris Long, P.E. i Re: 2018 MSA Infrastructure Improvement Projcet / City of New Hope / Final Voucher Please find enclosed the signed Final Vouchers, IC-134 Forms and Lien Waivers for the above noted project, for further process. Should you have any questions or need any additional information, please contact our office at 952-445-8615. Thank you. Office Manager Encl. A 100% RECYCLABLE W. A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer Page 1 of 1 M ,1- DEPARTMENT ,Si OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation .Summary Confirmation Number: 1-103-137-216 Submitted Date and Time: 9-Oct-2018 11:28:19 AM Legal Name: VALLEY PAVING INC Federal Employer ID: 41-1348160 User Who Submitted: ValleyPavingTax Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1808343040 Minnesota ID: 5565541 Project Owner: CITY OF NEW HOPE Project Number: 182-101-019 Project Begin Dale: 14-May-2018 Project End Date: 08-Oct-2018 Project Location: CITY OF NEW HOPE Project Amount: $1,079,528.02 Subcontractor Summary Name ID Affidavit Number YTS ENTERPRISES 5338870 1395220480 SIR LINES -A -LOT 3509324 1614684160 ALL STATE TRAFFIC CONTROL 4300984 1039638528 COLLINS ELECTRICAL CONSTRUCTION 5896211 1919361024 CUSTOM GROUNDS & RESTORATION 8185608 487088128 CURB MASTERS INC. 2207114 1165828096 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a m. - 4:30 p.m. Monday - Friday. Please pnni tt Lftaoe for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/0/c-/KJPFGB16K11mU1 ivLRcoew ... 10/9/2018 911412018 https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/3tKrdmOK397_utFiVrOMnA_?FILE=Print2&PARAMS—=5191206917878. [DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-182-894-528 Submitted Date and Time: 14-Sep-2018 10:52:09 AM Legal Name: YTS ENTERPRISES, INC Federal Employer ID: 82-3630772 User Who Submitted: Violacheney Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1395220480 5338870 CITY OF NEW HOPE 18-11 09-May-2018 11-May-2018 NEW HOPE $875.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a,m. -4:30 p.m. Monday - Friday. Please Arini this page for your records using the print or save functionality built into your browser, https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/3tKrdmOK397_utFiVrOMnA_?FILE= Pr1nt2&PARAMS_ 5191206917878778224 1/1 L E a� 0 c rn u� r) Lo cup d b a0 N N 7 � T L � � LT O) � a7 T C N C O (Ucn u7 �L (a W c a E E 20 w •� > 7 o �Wj U CDE .4 W �Z �n w a o o H �0 g) o l--. i c uq p 10 m Z: O1 Z o `o ao a cc N J !C Q 4 2 U o wa��w `� o O d z'° W eo Kati to Z o E; IL o a N J et N N (a M O� .L. 7 L a N Mr4 U M O c O ^ NN OC t �� Uz �V� W LL ) �6 Q eC O a U 0o> C3 0 E m m co c c .. H CD m m U cn io ;� N N O O z c m ° 0 �' a 7 E ` a pm 4 p � N X 6 In N m w O Vi E E- o Z W Q r, w .. .06 L m JO y o V L Y � f0 N N C N 0) (U N U 0 C }� 70 L C 0 7 v N T •N •UI E 0 0 0 0 0 0 ^2 Q UC L F V U (A J ti H Q Q d Q- d d a E 0 Q OE= g V DEPARTMENT =� OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 0-615-762-368 19-Sep-2018 1:22:09 PM ALL STATE TRAFFIC CONTROL, INC. 47-5418502 ASTCMN16 Contractor Affidavit 1039638528 4300984 CITY OF NEW HOPE SAP 182-101-019 11-May-2018 16-Aug-2018 CITY OF NEW HOPE $24,474.80 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please Qr;nt in' egg for your records using the print or save functionality built into your browser Page 1 of 1 DEPARTMENT OF REVENUE Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 0-770-034.112 Submitted Date and Time: 17-Sep-2018 1:14:28 PM Legal Name: COLLINS ELECTRICAL CONSTRUCTION CO Federal Employer ID: 41-1385244 User Who Submitted: jzurick Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1919361024 Minnesota ID: 5896211 Project Owner: CITY OF NEW HOPE Project Number. 2018 MSA Project Begin Date: 20-Mar-2018 Project End Date: 30-Jun-2018 Project Location: CITY OF NEW HOPE Project Amount: $49,870,00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651.282-4999, (toll -free) 800-657-3594, or (email) wilt)l)fllding,taxL�,slate.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Fr;day. Please print tins oar;;, for your records using the print or save functionality built into your browser. https://www.mndor,state.mn.us/tp/eservices/ /Retrieve/0/c-/wLBpwRFs_81fuRIzZs73Wg... 9/17/2018 10/8F2018 https://www.mndor.state.mn.usltp/eservices/_/Retrieve/0/c-/194EfMPvjayPLQisdB]4gA`?FILE_=Print2&PARAMS—=88321956188879.,. OF R VE N U Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Dale and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number. Minnesota ID: Project Owner: Project Number: Projecl Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1.876-584-896 8-Oct-2018 4:08:56 PM CUSTOM GROUNDS & RESTORATION SRVCS 20-4256445 CGR Services Contractor Affidavit 487088128 8185608 CITY OF NEW HOPE CITY NO.999 25-May-2018 24-Jul-2018 2018 MSA INFTRASTRUCTURE IMPROVEMENTS $4,482.45 No Subcontractors Important Messages A copy of this page must be provided'to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this pAgg for your records using the print or save functionality built Into your browser. https://www.mndor.state.mn.usltpleservices/_/Retrieve/O/o-/ig4EfMPvjayPLQisdBI4gA_?F ILE_=Print2&PARAMS_,=88321956188FI791532 1 /1 r � DEPARTMENT L OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number. Submitted Date and Tlme: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Afftdavlt Number: Minnesota ID: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location; Project Amount: Subcontractors: 1-299-296-704 8-00-2018 1:18:53 PM CURB MASTERS INC 41-1606037 Linda H Contractor Affidavit 1185828096 2207114 CITY OF NEW HOPE 18-11 18-May-2018 08-Oct-2018 2018 MSA INFRASTRUCTURE IMPROVEMENTS, NEW HOPE, MN $183,768.80 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-262-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please n _a1 uns ,,,!ge for your records using the print or save functionality built into your browser VALLE .IJPAVIN INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 11-Oct 2018 The undersigned hereby acknowledges receipt of the sum of: $1,079,528.02 CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2.) [ ] as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Full and Final Payment / 2018 MSA Infastructure Improvements From the City of New Hope, MN and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and of exectued by a partnership, it must be signed by a partner_ (Title) 8800 13th Ave. E. (Address) Shakopee, MN 55379 r U A x 100% RECYCLABLE Affirmative Action / Equal Opportunity Employer A VETERAN OWNED COMPANY INCORPORATED 880013th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445.0355 www.valloypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 2-Oct The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE 1.) [ j as partial payment for labor, skill and material furnished 2018 2.) (j as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $29,101.89 to be paid when Valley Paving receives final payment from the City of New Hope for the 2018 MSA Project $29,101.89 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid If Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: Sir DwN Hayv� �'r (Title) ___ NOTE: If Ihls Instrument is executed by a 1 S CA," � (� corporation, it must be signed by an officer, (Address) and of exectued by a partnership, it must i2 M be signed by a parinei- �AP1FEAtt 100% r1Ef.YCl.plfl.'r. A VETERAN OWNED COMPANY Affirmative Action I Equal Opportunity Employer MCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 19-Se The undersigned hereby acknowledges receipt of the sum of: 2018 CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2.) [ ] as payment for all labor, skill and material furnished or to be furnished (except the sum of $ _ retainage or holdback) 3.) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $15,924.80 to be paid when Valley Paving receives final payment from the City of New Hope for the 2018 MSA Project $15,924.80 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE; If this instrument is executed by e corporation, it must be signed by an officer, and of exectued by a partnership, it must be signed by a partner. . mhNI m 1001% 11CM t Atli E All State Traffic Control Inc. By. LQuwr14,I AL,.- �f el- �r�s Title A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer L L L�, -..�P I N - INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 18-Sep 2018 The undersigned hereby acknowledges receipt of the sum of. CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2.) [ J as payment for all labor, skill and material furnished or to be furnished (except the stem of $ retainage or holdback) 3.) [XI as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $4,492.80 to be paid when Valley Paving receives final payment from the City of New Hope for the 2018 MSA Project $4,492.00 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid If Box 1 Is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this Instrument is executed by a corporation, It must be signed by on officer, and of exectuad by a partnership, it must be signed by a parmat. 100% RECYCLABLE Collins Construction Co. (Title) - (Address) A VETERAN OtiIIItEO COMPANY Affirmative Action / Equal Opportunity Employer FJMI C16.71RIliIlil ATE 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 8-Oct The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2018 2.) [ ] as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 1) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $4482,45 to be paid when Valley Paving receives final payment from the City of New Hope 2018 New Hope MSA Project $4,482.45 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer. and of exectued by a partnership, it must be sigeted by a partner. Custom Grounds & Restoration B' (Title) / drESS) A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer V 4~.ri �•"•�• , • "�,. _ r �: i'='�-$ ' q�� , .y."1,•3{`yrL�ti.��'.�'•s t: � � ��. '4 .y,jJ f!``j� ' r i -2 •} f:•�.c='". •s: `�i5 �..�5,__t�_:=`S�t:Al_ t�<., �. INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8616 FAX (952) 445-0355 www.valleypaving.com s�PJF3�►t� 1000/ RECYCLABLE RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 8-Oct 2018 The undersigned hereby acknowledges receipt of the sum of; CHECK ONLY ONE 1.) (] as partial payment for labor, skill and material furnished 2.) (] as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property;( legal description, street address or project name) Final Payment of $66,431.69 to be paid when Valley Paving receives final payment from the City of New Hope 2018 New Hope MSA Project $66,431.69 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument Is executed by a corporation, it must be signed by an officer, and of exectued by a partnership, it must be signed by a partner. Curb Masters Inc 8:� l T tl 1 artuit" .,, (Address) u H 5 i. Affirmative Action / Equal Opportunity Employer A VETERAN OWNED COMPANY NAL AV IhJGtDr%rV%j.%,f+I c1.+ 68001.3th AVENUE EASE' SHAKOPEE, MN 65379 PHONE (852) 446-8615 FAX (952) 445.0355 www,va I I eypavi ng. co m R9CEIPT AND WAIVER OF 1VIECHANIC'S LIEN BIGHTS Datled 8-00t 2018 Time undiersigined hereby acknowledges receipt of -the sum of'. CHECK ONLY LINE 1.) [ j as partial payment fear tabor, skill and material furnished 2.) E) as payment for all labor, skill and material furnished or to be -furnished (except the sum of S_ reteinage or holdbeak) 3.) [X) as full and final payment fbr all labor, skill and material furnished or to be furnished to the following described read property,( legal description, street address or project name) Final Payment of $115.00 to be paid when -Valley Paving receives final payment from this City of New Hope for the 2t718 MSA Project $116.00 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's lions against salts real property for labor, skill or material furnished to said real property (only for the amount paid if Box 9 is checked, and except for retainage shown If Box 2 is checked). The undersigned affirms that ail material furnished by the undersigned has been paid fnr, and all aubcontractora employed by the undersigned have been paid in full, EXCEPT: NOT♦w: If this Instrument is executed by a corn orailon, It must be signed by an lofficer, and of exeatued by a pantlerehip, It must be signed by 8 pprtnOr. 0\9 & OL 100 M RMYCIABLE A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution approving Change Order No. 1 for Valley Paving, Inc. Contract for public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) Requested Action Staff recommends approval of a resolution approving a change order to provide a payment of $10,000 to Valley Paving, Inc. for the substantial completion incentive. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. An incentive completion date was chosen for this project to potentially facilitate a quicker completion time. Background The 2018 MSA Infrastructure Improvement project generally consisted of mill and overlay street improvements including minimal utility improvements for Boone Ave N and 36th Ave N. On street bike lanes were installed when the roadway was striped between 42nd and 271h avenues. An incentive was placed in the contract that rewarded Valley Paving $10,000 if they completed all work by the following milestones: • All work on Boone Avenue between 3611, and 42nd must be completed by June 29, 2018 • All work on mill and overlay areas must be completed within 28 days of initial pavement milling • All work on 361h avenue must be completed within 3 days of pavement removal The purpose of this incentive was to mitigate the construction impact period for residents. All 2018 work has been completed, including restoration, and Valley Paving has met the incentive requirements and are eligible for the incentive payment. Valley Paving worked diligently to meet these completion dates despite CenterPoint Energy's concurrent pipeline replacement project interfering with the ability to quickly complete work on Boone Avenue. Attachments • Resolution • Memorandum by city engineer • Change order #1 I: \ RFA \ PUBW ORKS \ 2018 \ Council \ 999 2018 MSA Boone Avenue \ 10-15 Change order 1 incentive payment City of New Hope Resolution No. 18-124 Resolution approving Change Order No. 1 for Valley Paving, Inc. Contract for public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) WHEREAS, city staff have reviewed the request for Change Order No.1 from Valley Paving, Inc. relating to the contract for the 2018 MSA Infrastructure Improvements project to compensate Valley Paving, Inc. for meeting the Substantial Completion incentive; and WHEREAS, Valley Paving, Inc. Change Order No. 1, prepared by the City Engineer is attached hereto requests that the Substantial Completion incentive be approved and paid; and WHEREAS, the City finds that Change Order No. 1, Substantial Completion incentive payment, is reasonable and the City Engineer recommends this approval; and WHEREAS, the City Council has considered this request for Change Order No. 1 to the Valley Paving, Inc. contract relating to City Project No. 999 at its meeting of October 22, 2018. NOW, THEREFORE, BE IT RESOLVED: by the City Council of the City of New Hope that the Change Order No. 1 to the Valley Paving, Inc. contract is approved, but in all other respects the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of October, 2018. Mayor Attest: Cii-y Clerk Stantec Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date September 28, 2011 :ontractor: Valley Paving, Inc., 8800 13th Ave. E„ Shakopee, MN 55379 3ond CO: N. American Specialty Ins. Co„ 5200 Matcalf OPN111, Overland Park, KS 66202 Bond No: 2267979 CHANGE ORDER NO. 1 2018 MSA INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO, 93803898 111tylisCITY PROJECT NO.999 Descfipfion of Work Work This Change Order provides for payment of the Substantial Completion Incentive of $10,000.00 as per Paragraph 4.04 in Section 00 52 10 of the Project Manual. The Contractor has met all of the incentive requirements, and is therefore eligible for the incentive payment. This Change Order does not provide for any change in the Substantial or Final Completion dates for this project No. Item CHANGE ORDER NO. 1 1 INCENTIVE PAYMENT TOTAL CHANGE ORDER NO. 1: Contract Unit Total Unit Quantity Price Amount LS 1 $10,000.00 $10,000.00 $10,000.00 193803898CH01.xlsm Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: VALLEY PAVING, INC. UUIU cc: Owner Contractor Bonding Company Stantec Date: /a//z//6 Approved by Owner: CITY OF NEW HOPE Date $1,014,210.01 $0.00 $10,000.00 $1,024,210.01 193803898CHOl.xlsm Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 October 1, 2018 File: 193803898 Attention: Bernie Weber, Public Works Director City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2018 MSA Infrastructure Improvements - Change Order No. 1 City Project No.: 999 Dear Bernie: As requested, we have prepared Change Order No. 1 to compensate Valley Paving for the Substantial Completion Incentive payment of $10,000.00. The goal for the incentive payment within the contract was to incentivize contractors to complete work on schedule, in efforts to mitigate the construction impact period for residents. As all 2018 Work, including restoration, has been completed, Valley Paving has met the incentive requirements and are therefore eligible for the incentive payment. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. aA404, W. /W7�" Christopher W. Long, P.E. Attachments: Change Order No. 1 c. Kirk McDonald, Dave Lemke, Megan Albert - New Hope; Kellie Schlegel, Ann Dienhart - Stantec. Design with community in mind 4 Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date September 28, 2018 Contractor: Valley Paving, Inc., 8800 13th Ave. E., Shakopee, MN 55379 Bond CO: N. American Specialty Ins. Co., 5200 Matcalf OPN 111, Overland Park, KS 66202 Bond No: 2267979 CHANGE ORDER NO. 1 2018 MSA INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193803898 CITY PROJECT NO.999 Descripfion of Work This Change Order provides for payment of the Substantial Completion Incentive of $10,000.00 as per Paragraph 4.04 in Section 00 52 10 of the Project Manual. The Contractor has met all of the incentive requirements, and is therefore eligible for the incentive payment. This Change Order does not provide for any change in the Substantial or Final Completion dates for this project Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 INCENTIVE PAYMENT LS 1 $10,000.00 $10,000.00 TOTAL CHANGE ORDER NO. 1: $10,000.00 19380389SCHOI xlsm Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: VALLEY PAVING, INC. Date cc: Owner Contractor Bonding Company Stantec Date: Approved by Owner: CITY OF NEW HOPE Date $1,014,210.01 $0.00 $10,000.00 $1,024,210.01 193803898CHOl.xlsm CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR 2018 MSA INFRASTRUCTURE IMPROVEMENT NO. 999 Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22°d day of October, 2018 at 7:00 p.m. to consider objections to the proposed assessments for the 2018 MSA Infrastructure Improvement Project No. 999 heretofore ordered by the City Council. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 MSA Infrastructure Improvements, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42nd Avenue N to Medicine Lake Road and 361h Avenue N from approximately 300 feet west of Winnetka Avenue N to Louisiana Avenue N. The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 999 (as referenced in Table 7/Figure 20 and Appendix B-2 of Stantec Consulting Services' October 2017 feasibility report) are as follows: Address PID number City of New Hope 18-118-21-34-0082 8816 Northwood Parkway City of New Hope 18-118-21-43-0001 86 Address Unassigned The Church of St. Joseph 19-118-21-21-0057 8701 361h Avenue N. School District No. 281 19-118-21-21-0002 3421 Boone Avenue N. City of New Hope 8800 32nd Avenue N. City of New Hope 86 Address Unassigned School District No. 281 8808 27th Avenue N. 19-118-21-24-0051 19-118-21-24-0050 19-118-21-34-0001 The total amount proposed to be assessed is $191,128.62. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains additional information. Dated: September 27, 2018 BY ORDER OF THE CITY COUNCIL s/Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 4' day of October, 2018.) 2 1. City of New Hope 8816 Northwood Parkway PID 18-118-21-34-0082 2. City of New Hope 86 Address Unassigned PID 18-118-21-43-0001 3. The Church of St Joseph 8701 36th Avenue N PID 19-118-21-21-0057 4. School District No 281 3421 Boone Ave N PID 19-118-21-21-0002 5. City of New Hope 8800 32nd Avenue N PID 19-118-21-24-0051 6. City of New Hope 86 Address Unassigned PID 19-118-21-24-0050 7. School District No 281 8808 27th Avenue N PID 19-118-21-34-0001 Appendix B-2� Preliminary Assessments - Boone Avenue 2018 MSA Infrastructure Improvements November 2017 Property Street Front Assessment Assessment Type Improvement Footage Rate Amount Non-Residental Mill & Overlay 1,081 $48.19 $52,069.30 Non-Residental Mill & Overlay Non-Residental Mill & Overlay Non-Residental Mill & Overlay Residential Mill & Overlay Residential Mill & Overlay Non-Residental Mill & Overlay Total Assessment $52,069.30 602 $48.19 $29,010.38 Total Assessment $29,010.38 810 $48.19 $39,033.90 Total Assessment $39,033.90 703 $48.19 $33,877.57 Total Assessment $33,877.57 82.5 $32.13 $2,650.73 Total Assessment $2,650.73 82.5 $32.13 $2,650.73 Total Assessment $2,650.73 768 $48.19 $37,009.92 Total Assessment $37,009.92 Total Mill & Overlay Assessment $196,302.52 Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Section Public Hearing Item Number 7.2 Agenda Title Resolution adopting assessments for infrastructure improvement no. 999 (2018 MSA Infrastructure Improvement Project) Requested Action Staff is requesting Council to adopt a resolution to adopt assessments for the 2018 MSA Infrastructure Improvement Project No. 999. Policy/Past Practice Assessments are levied against benefitted, tax-exempt properties, in accordance with New Hope's assessment policy. Background On March 12, 2018, Council awarded a contract with Valley Paving, Inc. for $1,014,210.01 for construction of the infrastructure project. The project included improvements to municipal state aid streets including Boone Avenue (from 42nd to Medicine Lake Road) and 36t', Avenue North (from Winnetka to Louisiana), minimal utility improvements, and signal improvements at 3611 and Boone Avenue (replacement of loop detectors with cameras). The project also added designated bike lanes and bump -outs at three pedestrian crossings. The city engineer has determined the total cost for the street portion of the infrastructure project is $675,602.43. Using New Hope's assessment policy, the assessment rate for non-residential properties is $46.92 per foot and for residential properties is $31.28 per foot. The 2018 MSA infrastructure improvement project includes seven tax exempt properties for assessments (four of the seven parcels are city -owned). The total proposed assessment roll is $191,128.62 which is lower than the estimated assessment roll of $196,302.52. On September 24, 2018, Council approved a resolution declaring costs to be assessed and established a public hearing to consider the assessments at the October 22 Council Meeting. The city clerk has notified the property owners of the public hearing and the proposed assessments. No written objections have been received to date. The properties proposed to be assessed are identified on Appendix B-2. Funding The project funding sources include state aid, street infrastructure fund, water fund, sanitary sewer fund, storm sewer fund, and special assessments. Attachments Resolution adopting assessment Appendix B-2 Map I:\RFA\City Manager\2018\Project 999\10-22-18\q-proj 999 adopt assessments.docx RESOLUTION NO. 18 -121 RESOLUTION ADOPTING ASSESSMENT FOR INFRASTRUCTURE IMPROVEMENT PROJECT NO. 999 (2018 MSA Infrastructure Improvement Project) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 22, 2018 and heard and passed on all objections to the proposed assessment for the 2018 Infrastructure Improvement Project No. 999, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2019, collectible with such taxes during the year 2019. b. To the first installment shall be added interest at the rate of six percent (6%) per annum on the entire principal amount of the assessment from the date of this Resolution until December 315t of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof, and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 22nd day of October, 2018. 1 "�/ �� ' a " Kathi He en, Mayor Attest: �Y Valerie Leone, City Clerk Appendix B-2 Final Assessments - Boone Avenue 2018 MSA Infrastructure Improvements September 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. City of New Hope Non-Residental Mill & Overlay 1,081 $46.92 $50,697.06 8816 Northwood Parkway PID 18-118-21-34-0082 2. City of New Hope 86 Address Unassigned PID 18-118-21-43-0001 3. The Church of St Joseph 8701 36th Avenue N PID 19-118-21-21-0057 4. School District No 281 3421 Boone Ave N PID 19-118-21-21-0002 5. City of New Hope 8800 32nd Avenue N PID 19-118-21-24-0051 6. City of New Hope 86 Address Unassigned PID 19-118-21-24-0050 7. School District No 281 8808 27th Avenue N PID 19-118-21-34-0001 Non-Residental Mill & Overlay Non-Residental Mill & Overlay Non-Residental Mill & Overlay Residential Mill & Overlay Residential Mill & Overlay Non-Residental Mill & Overlay Total Assessment $50,697.06 602 $46.92 $28,245.84 Total Assessment $28,245.84 810 $46.92 $38,005.20 Total Assessment $38,005.20 703 $46.92 $32,984.76 Total Assessment $32,984.76 82.5 $31.28 $2,580.60 Total Assessment $2,580.60 82.5 $31.28 $2,580.60 Total Assessment $2,580.60 768 $46.92 $36,034.56 Total Assessment $36,034.56 Total Mill & Overlay Assessment $191,128.62 x 45TH AVE N x a x a 45TH AVE N 45T JILIGSII.� z ¢ z De w x. m w id V z i w 7 z iu w Q 43RO AVE n z o 4 U ° W L. 42nId AVE N Ir z w m a a Y m y x 4157 AVE N r9 475T AVE x 181182113MI x 7 a � SCI Ui a 7, z 4.111AVE N a T m 40Yfi AVE N � p. W 467FlAVEN G T 7 4x Q HOPEWip LN.. N G 39 112 AV E N v All, p�& m V4i9C SIM'AVEe N � P, 1811821340082 Z a S, Z LLI 39TH AVE N 3�? dP < 38THAVE N x � r > 1811821430001 Y w Crystal Q ¢ a cl 5 z .o z W m " 36tn AVE N 2 a HII-LSBORO G"S N LA AVE N � 1911esrfl r 35112AVE N 35TIi AV35TH AVE N E !1 � = � �-- 1,IINPARit DR 34 9QZ AVE N Y ON AVE N I 1911821210002 a4TH AVE N TH AVE NILL I ry'9W� 33RnPL I �` O 1911821240051 }I � .�'�BR81Al15bG�.444./ O Y GN�N Q w 32nd A' x 4 a 0 1.37 AVE'N 1h EPIENDENCE CIF! N ENSIGN AVE N 30TH AVE-N. 29TH AVE N 21 O ENSIGN AVE N J JW1162U4=1 27TH P_L'N ri 'i� R Golden Valley crystal taw" e Plymouth I d ❑hhi Ie Figure 20 Tax Exempt Properties* New Hope, Minnesota 2018 MSA Infrastructure Improvements Tax Exempt Properties as of Sept, 2017 O. A Mill & Overlay Tax Exempt Properties WOW 5 Stantec �IfI}j�'11f • �enryi a ... omt° a 625 1,250 aline e°i° °mw°v n°m ina mnienia°ioH•bn Feel AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 999 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On October 5, 2018, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 999, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. ity Clerk Subscribed and sworn to before me this 5 day of �� 2018. My commission expires January 31, 2021. �t S . Juk, Notary Public Hennepin County srairy DAVIDEWALKER -CRAWFORD e'" a Notary Public State of Minnesota My Commission Expires January 31, 2021 NOTICE OF HEARING ON ASSESSMENTS FOR 2018 MSA INFRASTRUCTURE IMPROVEMENT NO. 999 TO: Robbinsdale School District 281 PROPERTY TO BE ASSESSED: 3421 Boone Avenue North ASSESSMENT: $32,984.76 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October, 2018, at 7:00 p.m. to consider objections to the proposed assessments for the 2018 MSA Infrastructure Improvement Project No. 999. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 MSA infrastructure Improvements, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non- conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42" d Avenue N to Medicine Lake Road CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www.ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 —1— NOTICE OF HEARING ON ASSESSMENTS FOR 2018 MSA INFRASTRUCTURE IMPROVEMENT NO. 999 TO: The Church of St. Joseph PROPERTY TO BE ASSESSED: 8701 361h Avenue North ASSESSMENT: $38,005.20 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October, 201$ at 7:0012.M. to consider objections to the proposed assessments for the 2018 MSA Infrastructure Improvement Project No. 999. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 MSA Infrastructure Improvements, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non- conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42nd Avenue N to Medicine Lake Road CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www.ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 —1— NOTICE OF HEARING ON ASSESSMENTS FOR 2018 MSA INFRASTRUCTURE IMPROVEMENT NO. 999 TO: Robbinsdale School District 281 PROPERTY TO BE ASSESSED: 8808 271h Avenue North ASSESSMENT: $36,034.56 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October. 2018, at 7:00 p.m. to consider objections to the proposed assessments for the 2018 MSA Infrastructure Improvement Project No. 999. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 MSA Infrastructure Improvements, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non- conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42nd Avenue N to Medicine Lake Road CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www.ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 —1— and 361h Avenue N from approximately 300 feet west of Winnetka Avenue N to Louisiana Avenue N. The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore, only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER, ADDRESS, AND Address PID number PID NUMBER: City of New Hope 18-118-21-34-0082 8816 Northwood Parkway City of New Hope 18-118-21-43-0001 86 Address Unassigned The Church of St. Joseph 19-118-21-21-0057 8701 361h Avenue N. School District No. 281 19-118-21-21-0002 3421 Boone Avenue N. City of New Hope 19-118-21-24-0051 8800 32nd Avenue N. City of New Hope 19-118-21-24-0050 86 Address Unassigned School District No. 281 19-118-21-34-0001 8808 270, Avenue N. TOTAL AMOUNT OF The total amount proposed to be assessed is $191,128.62. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by —2— serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1-6 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption of the proposed assessment may be taken at the hearing by the Council. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2019. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2018, through December 31, 2019, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2018, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the City Clerk or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property s real estate taxes —3— for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the City SUCCEEDING YEARS: Clerk or Assessment Clerk at any time prior to November 14 of any year. October 4, 2018 BY ORDER OF THE CITY COUNCIL sl Valerie Leone, City Clerk —4— Appendix B-2 Final Assessments - Boone Avenue 2018 MSA Infrastructure Improvements September 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. City of New Hope Non-Residental Mill & Overlay 1,081 $46.92 $50,697.06 8816 Northwood Parkway PID 18-118-21-34-0082 Total Assessment $50,697.06 2. City of New Hope Non-Residental Mill & Overlay 602 $46.92 $28,245.84 86 Address Unassigned PID 18-118-21-43-0001 Total Assessment $28,245.84 3. The Church of St Joseph Non-Residental Mill & Overlay 810 $46.92 $38,005.20 8701 36th Avenue N PID 19-118-21-21-0057 Total Assessment $38,005.20 4. School District No 281 Non-Residental Mill & Overlay 703 $46.92 $32,984.76 3421 Boone Ave N PID 19-118-21-21-0002 Total Assessment $32,984.76 5. City of New Hope Residential Mill & Overlay 82.5 $31.28 $2,580.60 8800 32nd Avenue N PID 19-118-21-24-0051 Total Assessment $2,580.60 6. City of New Hope Residential Mill & Overlay 82.5 $31.28 $2,580.60 86 Address Unassigned PID 19-118-21-24-0050 Total Assessment $2,580.60 7. School District No 281 Non-Residental Mill & Overlay 768 $46.92 $36,034.56 8808 27th Avenue N PID 19-118-21-34-0001 Total Assessment $36,034.56 Total MITI & Overlay Assessment $191,128.62 li'lIIIIII III III IIIIII III II11"1"1"III'I11'1'I111I'1'1'1I111 Ms. Karylanne Marchand Robbinsdale School District 281 4148 Winnetka Avenue North New Hope, MN 55427 Jill 111'I1I111'11I'III'I"I"I"Jill 1I'I1111'I111I'I'I'II'I'IIII The Church of St. Joseph 8701 36th Ave. N. New Hope, MN 55427 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of- HENNEPIN with additional circulation in the counties of- HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/04/2018 and the last insertion being on 10/04/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 10/04/2018 by Darlene MacPherson. 64////// Notary Public Jessica L Crabb Notary Public Minnesota My Commission Expires January 31, 2023 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 863442 CITY OF NEW HOPE, NOTICE OF HEARING ON ASSESSMENTS FOR 2018 MSA INFRASTRUCTURE IMPROVEMENT NO. 999 Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of October, 2018 at 7:00 p.m. to consider objections to the proposed assessments for the 2018 MSA Infrastructure Improvement Project No. 999 heretofore ordered by the City Council. The general nature of the improvement, as described in the October 2017 feasibility report entitled 18 M$6 InfrgstrUqJ1jrQ loommIlmig, City Project No. 999, prepared by Stantec Consulting Services, Inc., En- gineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be special- ly assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bitumi- nous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb pri- or to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42nd Avenue N to Medicine Lake Road and 36th Avenue N from approximately 300 feet west of Winnetka Avenue N to Louisiana Avenue N. The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street im- provements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 999 (as referenced in Table 7/Figure 20 and Appendix B-2 of Stantec Consulting Services' October 2017 feasibility report) are as follows: Address PID number City of New Hope 18-118-21-34-0082 8816 Northwood Parkway City of New Hope 18-118-21-43-0001 86 Address Unassigned The Church of St. Joseph 19-118-21-21-0057 8701 36th Avenue N. School District No. 281 19-118-21-21-0002 3421 Boone Avenue N. City of New Hope 19-118-21-24-0051 8800 32nd Avenue N. City of New Hope 19-118-21-24-0050 86 Address Unassigned School District No. 281 19-118-21-34-0001 8808 27th Avenue N. The total amount proposed to be assessed is $191,128.62. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Stat- utes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopt- ed by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner pre- scribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assess- ments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains addi- tional information. Dated: September 27, 2018 BY ORDER OF THE CITY COUNCIL /s/ Valerie Leone City Clerk Published in the New Hope -Golden Valley Sun Post October 4, 2018 863442 Request for Action September 24, 2018 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Title Agenda Section Consent Item Number 6.9 Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with infrastructure improvement no. 999; and Resolution calling for a public hearing on assessments for infrastructure improvement no. 999 (2018 MSA Infrastructure Improvement Project) Requested Action Staff is requesting Council adopt two resolutions related to the infrastructure project. The first is to declare the total cost to be assessed and the second is to establish a public hearing on October 22, 2018. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On March 12, 2018, Council awarded a contract with Valley Paving, Inc. for $1,014,210.01 for construction of the infrastructure project. The project included improvements to municipal state aid streets including Boone Avenue (from 42nd to Medicine Lake Road) and 3611, Avenue North (from Winnetka to Louisiana), minimal utility improvements, and signal improvements at 3611, and Boone Avenue (replacement of loop detectors with cameras). The project also added designated bike lanes and bump -outs at three pedestrian crossings. A public hearing on the proposed assessment was held November 27, 2017, and tax exempt properties were notified/encouraged to attend the hearing. The project is now complete and it is appropriate to schedule a public hearing for assessments. Staff recommends the public hearing to be held on October 22, 2018. The city engineer has determined the total cost for the street portion of the infrastructure project is $675,602.43. Using New Hope's assessment policy, the assessment rate for non-residential properties is $46.92 per foot and for residential properties is $31.28 per foot. The 2018 MSA infrastructure improvement project includes seven tax exempt properties for assessments (four of the seven parcels are city -owned). The total proposed assessment roll is $191,128.62 which is lower than the estimated assessment roll of $196,302.52. The properties proposed to be assessed are identified on Appendix B-2. The city attorney has prepared the resolutions. The city clerk will notify the property owners of the public hearing. Funding The project funding sources include state aid, street infrastructure fund, water fund, sanitary sewer fund, storm sewer fund, and special assessments. I:\RFA\City Manager\ 2018 \Project 999\09-24-18\q-proj 999 declare cost.docx Request for Action, Page 2 Attachments ■ Resolution Declaring Cost • Resolution Calling for Public Hearing • Map ■ Appendices B-1, B-2, B-3 RESOLUTION NO. 18-103 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH INFRASTRUCTURE IMPROVEMENT NO.999 (2018 Infrastructure Improvement Project) WHEREAS, contracts have been let for the construction of the 2018 Infrastructure Improvement No. 999 in the City, and WHEREAS, the total cost of said improvement, including utility costs and street costs, is $1,249,668.37. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines the portion of the cost of such improvement to be paid by the city shall be $1,058,539.75, exclusive of the amount the city may pay as a property owner, and the portion of the street cost to be assessed against benefited property owners is declared to be $191,128.62 and that such assessments shall be based upon benefits received by the assessed property without regard to cash valuation. The city shall pay $84,104.10 of the declared assessment amount as a benefited property owner. 2. Assessments shall be payable in equal biannual installments due and payable on or before May 151h and October 151h of each year extending over a period of ten (10) years, the first of the installments to be payable on or before May 15, 2019, and shall bear interest at the rate of six (6%) percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 24th day of September, 2018. i Attest: _ alerie Leone, City Clerk 1 Andy Hoffe, M yor Pro feAi P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-69991 2018 imp. proj. 999\Resolution Declaring Cost Assessed and Prep of Assess.docx RESOLUTION NO. 18- 104 RESOLUTION CALLING FOR A PUBLIC HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 999 (2018 Infrastructure Improvement Project) WHEREAS, at the direction of the City Council pursuant to Resolution No. 18- 103 , the City Clerk, with the assistance of the City Consulting Engineer, has prepared an assessment roll for the 2018 Infrastructure Improvement Project No. 999, and WHEREAS, the said proposed assessment roll is now on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. A hearing shall be held at 7:00 p.m. on October 22, 2018 in the New Hope City Hall located at 4401 Xylon Avenue North, New Hope, MN 55428 to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the Clerk shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the Hennepin County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the New Hope Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the New Hope Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 14 or interest will be charged through December 31 of the succeeding year. 4. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 241" day of September, 2018. 1 C4-91 /-P� Andy Hoffe, yo Pro A Attest: Valerie Leone, City Clerk F:\Attomey\SAS\1 Client Files\2 City of New Hope\99-69991 2018 imp. proj. 999\Resolution calling pub hrg on assessments.dom P:U tomey\SASU Client Files\2 City of New Hope\99-69621 (2016 street proj)\Resoludon calling pub hrg on assesements.dom 457H AVE N x. x 45TH AVE N W 0 w w off 00 ' x W z U [ai .w C h d 7 o a Uj 42nd AVE N g m m m z z n C V k m 41STAVE N Ur 6 415TAVE R N LL Z 1611821130001 W 40 112 AVE N a I a HRPEW ii i d. pRJ Z 04 � ,ts,ta�raioo62 yym y f � e aI I HI�LSjj9�Rfl�� CT N� e i!� ��I'l-T7" I ,ot1e;521A �� LL 35THAVE N 35TH AVE N i34112AVE N ,enez,zlaooz z 24THAVE N i �TyAV� 0 �• 1911821240051 P", L '� �NSIG C1se717 0. W Y x p - N z ~ N W" M 3181 AVE N I i EPENDENCE CIR N,: ENSIGN AVE N i1 30TH, AVE H x 29TH AVE N a A 0 ENSIGN AVE N O m rn x Cryslaf ow Ho e Plymouth 11 obbin 19 40THi AVE N e Z LN k 4 m x WISCaN51%AVEN Z 31,I7H AVE N �c� LU 181182143MI Y W z s �'k" 36th AVE N I .A AVE N 1 Yj w { if 355f2AVEH 0 'A N� i 4TH AVE N 3aRu pL N 1 32nd AVE N 29THAVEN TH AVE 14 FJ 1191182134"1f kffl, 27TH PL HN Golden Valley Figure 20 Tax Exempt Properties* New Hope, Minnesota 2018 MSA Infrastructure Improvements Tax Exempt Properties as of Sept, 2017 OR VIEWCREST LN x W a TERRA LI N DA OR W m w xCF RD A m 43RD AVE x w 6 D x x z a a d a a 467Hi AVE N a0 99 t!2 AVE 14 _qVk %A 31S1 AVEL V N Mill & Overlay 0 Tax Exempt Properties 501967 Stantec e�pn� 0 625 1,250 mineame �'' " mma �omem.. cio�ean Feel 1.15NO(Al a ogin.1d.c. .1 i-.185-) w�gem, Appendix B-1 Final Assessments - Boone Avenue 2018 MSA Infrastructure Improvements September 2018 Improvement Type Total Final Cost FF Rate Mill & Overlay Non -Resident al $675,602.43 5,402 $46.92 Residental 13,499 $31.28 Totals $675,602.43 18,900 Residential Rate = 2/3*Commercial Rate Estimated Cost = (Residential FF)*2/3*(Commercial Rate)+(Commercial FF)*(Commercial Rate) Commercial Rate = Estimated Cost 2/3 x Residential FF + Commercial FF Commercial Rate = $675,602 2/3 x 13,499 + 5,402 Commercial Rate = $46.92 per FF Single Family Residential Rate = $31.28 per FF Appendix B-2 Final Assessments - Boone Avenue 2018 MSA Infrastructure Improvements September 2018 Property Street Front Assessment Assessment Entlty _ _ _ _ Type Improvement Footage Rate Amount 1..City of New Hope Non-Residental Mill & Overlay 1,081 $46.92 $50,697.06 8816 Northwood Parkway PID 18-118-21-34-0082 Total Assessment $50,697.06 2. City of New Hope Non-Residental Mill & Overlay 602 $46.92 $28,245.84 86 Address Unassigned PID 18-118-21-43-0001 Total Assessment $28,245.84 3. The Church of St Joseph Non-Residental Mill & Overlay 810 $46.92 $38,005.20 8701 36th Avenue N PID 19-118-21-21-0057 Total Assessment $38,005.20 4. School District No 281 Non-Residental Mill & Overlay 703 $46.92 $32,984.76 3421 Boone Ave N PID 19-118-21-21-0002 Total Assessment $32,984.76 5. City of New Hope Residential Mill & Overlay 82.5 $31.28 $2,580.60 8800 32nd Avenue N PID 19-118-21-24-0051 Total Assessment $2,580.60 6. City of New Hope Residential Mill & Overlay 82.5 $31.28 $2,580.60 86 Address Unassigned PID 19-118-21-24-0050 Total Assessment $2,580.60 7. School District No 281 Non-Residental Mill & Overlay 768 $46.92 $36,034.56 8808 27th Avenue N PID 19-1 18-21-34-0001 Total Assessment $36,034.56 Total MITI & Overlay Assessment $191,128.62 Appendix B-3 Final Assessments - Boone Avenue Front Footage 2018 MSA Infrastructure Improvements September 2018 Front Footage - Mill & Overlay Improvements Street From To Street Length (ft) Boone Ave N 42nd Ave N 36th Ave N 4,135 Boone Ave N 36th Ave N 27th Ave N 5,315 Total Mill & Overlay Project Length Front Footage = Project Length x 2 Total Front Footage - Mill & Overlay Improvements 9,450 x2 18,900 Request for Action March 12, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution awarding contract to Valley Paving, Inc. for construction of public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) Requested Action Staff recommends that the Council pass a resolution awarding contract to Valley Paving, Inc. for construction of public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city's street infrastructure management strategy has identified areas for maintenance activities in 2018. Background The proposed 2018 infrastructure project was discussed at the Council's 2017 March 20 CIP work session, and the preparation of the feasibility report was authorized at the 2017 June 26 council meeting. The plans and specifications were approved at the January 22 council meeting. These areas of Boone and 361h avenues are identified as requiring improvements in the city's pavement management plan. An open house was held on November 7, 2017 to inform interested residents of the project and receive feedback on several trail and pedestrian safety options. The project generally consists of mill and overlay street improvements including minimal utility improvements for Boone Ave N and 36th Ave N. The project also identifies an on -street bike lane for the majority of Boone Avenue, with trail installation at the RSI school at 2711 Avenue. The city received nine bids at the February 27 bid opening. The low bid contractor, Valley Paving, Inc., submitted a Total Base Bid Amount of $900,279.51. This compares to the Engineer's Opinion of Probable Costs of $1,023,196.98. There were 3 alternates on this project. Alternate 1 is a pedestrian bump -out at Northwood Park, Alternate 2 is a pedestrian bump -out at Hidden Valley park, and Alternate 3 is a bump -out at RSI elementary school. The Alternate Bid Results can be seen in the attached engineer's memo. The engineer's estimate for all 3 alternates totaled $92,211.60. Valley Paving's bid results for all 3 Alternate's is $113,930.50. While this is higher than the engineer's estimate it does compare to the other bids received for the alternate work. Staff recommends awarding the Base Bid + Alternates 1, 2, and 3 to Valley Paving, Inc. for a total of $1,014,210.01. The proposed project schedule is: I:\RFA\PUBWORKS\2018\Council\999 2018 MSA Boone Avenue\3-12 Award Bid\RFA 999 award bid.docx • Award bid March 12, 2018 • Finish construction in spring/summer of 2018 • Final project closeout in fall 2018 Funding This project will be funded primarily by the MSA contribution, with some portions of the project being funded by street, water, sewer and storm infrastructure funds; as well as the City of Crystal contribution. The original budget for the City of New Hope work amount was $1,160,000. The project also includes shared costs with the City of Crystal on 36th Ave N, which is estimated at approximately $160,000. Attachments • Resolution • City Engineer's Memorandum + Bid Tab + Location Map City of New Hope Resolution No. 18- 41 Resolution awarding contract to Valley Paving, Inc. for construction of public improvement project no. 999 (2018 MSA Infrastructure Improvement Project) WHEREAS, city staff has identified the need for infrastructure improvements specified in the 2018 CIP; and WHEREAS, the infrastructure improvements in this area are identified to follow the pavement management strategy adopted by Council; and WHEREAS, plans and specifications for the 2018 MSA Infrastructure Improvement Project No. 999 have been prepared by consultant engineers, Stantec, and approved by Council; and WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the 2018 MSA Infrastructure Improvement Project, and WHEREAS, the base bid of $900,279.51 plus Alternates 1, 2, and 3 from Valley Paving, Inc. for a total of $1,014,210.01 is the lowest responsible bid submitted; and WHEREAS, funding is available through Minnesota State Aid fund and supplemented by specific improvement funds. NOW, THEREFORE, BE IT RESOLVED, 1. That the contract of public improvement project no. 999, the 2018 MSA Infrastructure Improvement Project, is awarded to Valley Paving, Inc. 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 12th day of March, 2018. Mayor Attest: fl�� 41—z� City Clerk (3 Stantec February 28, 2018 Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2018 MSA Infrastructure Improvements City Project No. 999 Stantec Project No. 193803898 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2018 MSA Infrastructure Improvements Project on February 27, 2018. 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 was a total of 9 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Total Alt. # 1 Total Alt. #2 Total Alt. #3 Low Valley Paving, Inc. $900,279.51 $19,215.50 $65,746.00 $28,969.00 #2 Park Construction Co. $929,036.38 $15,452.70 $57,698.80 $24,389.35 #3 Northwest Asphalt, Inc. $938,802.55 $13,938.70 $57,064.78 $26,313.70 #4 North Valley Inc. $972,436.30 $18,172.11 $67,931.84 $36,879.07 #5 GMH Asphalt Corp. $977,843.60 $20,898.20 $71,669.70 $34,734.52 #6 C.S. McCrossan Contt. Inc. $982,666.55 $19,595.00 $67,199.60 $28,205.00 #7 Bituminous Roadways, Inc. $1,010,765.90 $19,099.10 $75,920.80 $35,054.80 #8 Midwest Asphalt Services $1,074,718.25 $17,005.00 $64,699.00 $36,471.00 #9 Hardrives, Inc. $1,083,390.51 $23,989.91 $71,019.21 $32,824.28 The low Bidder on the Project was Valley Paving, Inc. with a Total Base Bid Amount of $900,279.51. This compares to the Engineer's Opinion of Probable Costs of $1,023,196.98. The low Bidder on the Project, even when considering award of any combination of the Alternates, is Valley Paving, Inc. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Valley Paving, Inc. should be awarded the Project on the Total Base Bid Amount of $900,279.51. The City Council has the option to consider awarding any combination of the Alternates with the Base Bid as shown in the table below. Bid Options Valley Paving, Inc. Base Bid $900,279.51 Base Bid w/Alt 1 $919,495.01 Base Bid w/Alt 2 $966,025.51 Base Bid w/Alt 3 $929,248.51 Base Bid w/ Alt 1 & 2 $985,241.01 Base Bid w/ Alt 1 & 3 $948,646.01 Base Bid w/ Alt 2 & 3 $994,994.51 Base Bid w/ Alt 1, 2 & 3 1,014,210.01 ,unity in rnir�� 4'stantec February 28, 2018 Page 2 of 2 Should you have any questions, please feel free to contact me at 651-604-4734. Sincerely, STANTEC CONSULTING SERVICES INC. gttterc. `"L . 5 d Kellie M. Schlegel, P.E. Enclosure Design with community in mind Stantec BID TABULATION I hereby certify that this is an exact Project Name: 2018 MSA INFRASTRUCTURE IMPROVEMENTS reproduction of bids received. City Project No.: 999 Bid Opening: Tuesday, February 27. 2018 at 10 A.M.. CST Project No.: 193803898 Owner: City of New Hope, MN 7"l-"''""` -Allt Kellie M. Schlegel P.E. License No. 46200 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 Valley Paving, Inc. Park Construction Co. Northwest Asphalt North Valley, Inc. Item Munn Item Units Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID., 1 MOBILIZATION LS 1 $15,000.00 $15,000.00 $28,500.00 $28,5D0.00 $45,000.00 $45,0DD.00 $21,887.40 $21,887.40 2 CLEARING TREE 1 $515.00 $515.00 $505.00 $505.00 $300.00 $300.00 $1,677.78 $1,677.78 3 GRUBBING TREE 1 $515.00 $515.00 $505.00 $505.DD $300.00 5300.00 $671.11 $671.11 4 REMOVE CURB & GUTTER LF 1525 $7.00 $10,675.00 $7.70 $11,742.50 $8.50 $12,962.50 $7.24 $11,041.00 5 REMOVE SEWER PIPE (STORM) LF 44 $15.00 $660.00 $28.60 $1,258.40 $12.00 $528.00 $26.69 $1,174.36 6 REMOVE MANHOLE OR CATCH BASIN EA 1 $425.00 $425.00 $912.00 $912.00 $500.00 $500.00 $800.76 $800.76 7 REMOVE BITUMINOUS WALK SF 78 $3.00 $234,00 $4.60 $358,80 $1.50 $117.00 $2.67 $208.26 8 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 370 $2.00 $740.00 $2.25 $832.50 $1.50 $555.00 $10.68 $3,951.60 9 REMOVE BITUMINOUS PAVEMENT SY 3560 $4.20 $14,952.D0 $4.90 $17,444.00 $3.00 S10,680.00 $7.69 $27,376.40 10 REMOVE CONCRETE WALK SY 211 $8.50 $1,793.50 $9.90 $2,088.90 $5.00 $1.055.00 $15.18 $3,202.98 11 REMOVE CASTING EA 25 $190.00 $4,750.00 $168.00 $4,200.00 $100.00 $2,500,00 $160.15 $4,003.75 12 REMOVE LOOP DETECTOR EA 33 $103.00 $3,399.00 $101.00 $3,333.00 $1.00 S33.00 $106.77 $3,523.41 13 SAWING BITUMINOUS PAVEMENT LF 530 $3.50 $1,855.00 $2.05 $1,086.50 $2.50 $1.325.00 $2.94 $1,558.20 14 SALVAGE SIGN EA 36 $36.00 $1,296.00 $25.30 $910,80 $25.00 $900.00 $37.37 51,345.32 15 COMMON EXCAVATION CY 650 $18.00 $11,700,00 $24.00 $15,600.00 $17.00 $11,050.00 $18.97 $12,330.50 16 SUBGRADE EXCAVATION CY 286 $20.00 $5,720.00 $21.10 $6,034.60 $17.00 $4,862.00 $23.28 36,658.08 17 GEOTEXTILE FABRIC TYPE V SY 1050 $1.50 $1,575.00 $1.30 $1,365.00 $1.50 $1,575.00 $3.47 $3,643.50 18 STREET SWEEPER (WITH PICKUP BROOM) HR 25 $150.00 $3,750.00 $126.00 S3,150.00 $135.00 $3,375.00 $133.46 $3,336.50 19 AGGREGATE BASE CLASS 5 TON 796 $20.00 515,920.00 $21.40 $17,034.40 $13.49 $10,738.04 $17.16 $13,659.36 20 BITUMINOUS PATCHING MIXTURE TON 473 $77.00 $35,421.00 $85.20 $40,299.60 $75.00 $35,475.00 $100.39 $47,484.47 21 MILL BITUMINOUS SURFACE (2.0') SY 54318 $0.67 $36,393.06 $1.00 $54,318,00 $0.90 $48,886.20 $0.78 $42,368.D4 22 BITUMINOUS MATERIAL FOR TACK COAT GAL 3015 $1.50 $4,522.S0 $1.80 $5,427,DD $2.50 $7,537.50 $3.20 $9,648.00 23 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 6496 $63.65 $413,470.40 $62.60 9406,649.60 $63.18 $410,417.29 $63.70 $413,795.20 24 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 140 $76.00 $1D,640.00 $81.90 $11,466.00 $74.82 $10,474.80 $69.90 $9,786.00 25 TYPE 12.5 NON WEARING COURSE MIXTURE (4,B) TON 725 $59.10 542,847.50 $57.50 $41,687.50 $57.80 $41,905.00 $59.15 $42,883.75 26 4" PERF PVC PIPE DRAIN LF 90 $19.00 $1,710.00 $16.40 $1,476.DD $10.00 $900.00 $21.35 $1,921.50 27 21" RC PIPE SEWER CLASS V LF 44 $84.00 $3,696.00 $91.80 $4,039.20 $55.00 $2,420.00 $117.44 $5,167.36 28 VALVE BOX EA 11 $275.00 $3,025.00 $877.00 $9,647.00 $375.00 $4,125.00 $1,601.52 $17,616.72 29 ADJUST VALVE BOX EA 3 $365.00 $I,D95.D0 $46.80 $140.40 $300.00 $900.00 $427.07 $1,281.21 30 CONSTRUCT RISER LF 7.5 $650.00 $4,875.00 $920.00 $6,900.00 $250.00 S1,875.00 $427.07 $3,203.03 31 INSTALL CASTING EA 26 $650.00 S16,900.00 $784.00 $20,384.00 $680.00 $17,680.00 $987.60 $25,677,60 32 INSTALL CATCH BASIN EA 1 $2,800.00 $2,800.D0 $1,930.00 $1,930.00 $2,000.00 $2,000.00 $3,203.03 $3,203.03 33 CONNECT TO EXISTING STRUCTURE EA 6 $900.00 $5,400.DD $994.00 $5,964.00 $250.00 $I,5D0.00 $1,601.52 $9,609.12 34 CONNECT TO EXISTING STORM SEWER PIPE EA 1 $900.00 $900A0 $746.00 $746.00 $800.00 $8 X0 $1,281.21 $1,281.21 35 4" CONCRETE WALK SF 1375 $5.20 $7,150.00 $4.65 $6,393.75 $5.10 $7,012,50 $4.91 $6,751.25 36 6" CONCRETE WALK SF 730 $9.00 S6,570.OD $8.60 $6,278.00 $9.00 $6,S70.00 $9.08 $6,628.40 37 CONCRETE CURB AND GUTTER LF 1525 $20.60 $31,415.00 $22.00 S33,550.00 $20.00 $30,500.00 $22.63 $34,510.75 38 7" CONCRETE DRIVEWAY PAVEMENT SY 345 $59.75 $20,613.75 $58.60 $20,217.00 $62.50 $21,562,50 $61.93 $21,365.85 39 TRUNCATED DOMES SF 132 $57.00 $7,524.00 $55.60 $7,339.20 $55.00 $7,260.00 $58.72 $7,751A4 40 RIGID PVC LOOP DETECTOR 6X6' EA 5 $1,200.00 S6,000.D0 $1,180.00 $5,900.D0 $1,375.00 $6,875.00 $1,249.18 $6,245.90 41 TRAFFIC CONTROL LS 1 $5,200.00 $5,20D.00 $11,600.00 $11,600.00 $53,500.00 $53,500.00 $5,338.39 $5,338.39 42 DETOUR SIGNING LS 1 $2,600.00 $2,600.D0 $2,320.00 $2,320.00 $2,300.00 $2,300.00 $2,669.20 $2,669.20 43 SIGN PANELS TYPE C SF 350 $41.20 $14,420.00 $30.30 $101605.00 $30.00 $10,500.D0 $42.71 $14,948.50 44 REVISE SIGNAL SYSTEM SYS 1 $42,000.00 $42,000.00 $41,100.00 $41,100.00 $42,115.00 $42,115.00 $43,475.85 $43,475.85 45 STORM DRAIN INLET PROTECTION EA 21 $125.00 $2,625.00 $114.00 $2,394.00 $100.00 $2,100.00 $266.92 $5,605.32 46 LOAM TOPSOIL BORROW CY 220 $49.00 $10,780.00 $35.60 $7,832.00 $35.00 $7,700.00 $42.73 $9,400.60 47 SEED MIXTURE 25-151 LB 60 $4.80 $288.00 $5.05 $30100 $5.00 S300.00 $5.34 $320.40 48 EROSION CONTROL BLANKETS CATEGORY 0 SY 1255 $1.50 $1,882-501 $1.75 $2,196-251 $2.00 $2,s10.0i1 $1.65 $2,070.75 193803898-BidTab.xlsm BT-1 BID TABULATION Item Num Item Units Qty 49 PAVEMENT MESSAGE EPDXY SF 630 50 PAVEMENT MESSAGE PAINT SF 4630 51 4" SOLID LINE EPDXY LF 9031 52 4" SOLID LINE PAINT LF 24450 53 4" BROKEN LINE EPDXY LF 1900 54 4" BROKEN LINE PAINT LF 7450 55 4" DOUBLE SOLID LINE EPDXY LF 8610 56 4" DOUBLE SOLID LINE PAINT LF 2600 57 12" SOLID LINE EPDXY LF 230 58 24" SOLID LINE EPDXY LF 106 59 24" SOLID LINE PAINT LF 104 60 CROSSWALK EPDXY SF 775 61 CROSSWALK PAINT SF 1475 TOTAL BASE BID: ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT 62 MOBILIZATION LS 1 63 REMOVE CURB & GUTTER LF 90 64 REMOVE BITUMINOUS PAVEMENT SY 75 65 REMOVE CONCRETE WALK SY 30 66 SAWING BITUMINOUS PAVEMENT LF 150 67 GEOTEXTILE FABRIC TYPE V SY 30 68 AGGREGATE BASE CLASS 5 TON 10 69 BITUMINOUS PATCHING MIXTURE TON 20 70 6" CONCRETE WALK SF 270 71 CONCRETE CURB AND GUTTER LF 100 72 TRUNCATED DOMES SF 64 73 TRAFFIC CONTROL LS 1 74 LOAM TOPSOIL BORROW CY 20 75 SEED MIXTURE 25-151 LB 5 76 EROSION CONTROL BLANKETS CATEGORY 0 SY 95 77 CROSSWALK PAINT SF 204 TOTAL ALT NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT ALTERNATE NO. 2: 34TH AVE. PEDESTRIAN BUMP OUT 78 MOBILIZATION LS 1 79 REMOVE CURB & GUTTER LF 220 80 REMOVE BITUMINOUS WALK SF 485 81 REMOVE BITUMINOUS PAVEMENT SY 160 82 REMOVE CONCRETE WALK SY 105 83 REMOVE CASTING EA 1 84 GEOTEXTILE FABRIC TYPE V SY 70 85 BITUMINOUS MATERIAL FOR TACK COAT GAL 6 86 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 56 87 SAWING BITUMINOUS PAVEMENT LF 300 88 REMOVE MANHOLE OR CATCH BASIN EA 1 89 AGGREGATE BASE CLASS 5 TON 20 90 BITUMINOUS PATCHING MIXTURE TON 35 91 INSTALL CASTING EA 1 92 INSTALL CATCH BASIN EA 1 93 4" CONCRETE WALK SF 225 94 6" CONCRETE WALK SF 700 95 7" CONCRETE DRIVEWAY PAVEMENT SY 215 96 CONCRETE CURB AND GUTTER LF 230 97 TRUNCATED DOMES SF 120 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 Valley Paving, Inc. Park Construction Co. Northwest Asphalt North Valley, Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total $6.90 0,692.00 $7.25 $4,930.00 57.2a $4,896,00 $8.15 $5,542.00 $6.15 $28,474.50 $4.45 $20,603.50 $4.40 $20,372.00 $4.98 $23,057.40 $0.30 $2,70930 $0.23 $2,077.13 $0.23 $2,077.13 $0.26 1$2,348.06 $0.20 $4,890.00 $0.07 $1,711,50 $0.07 $1,711.50 $0.08 $1,956.00 $0.30 $570.00 $0.33 $627.00 $0.33 $627,00 $0.37 $703.00 $0.20 $1,490.00 $0.02 $149.00 $0.02 $149.00 $0.02 $149.M $0.55 $4,735.50 $0.46 S3.%0.60 $0.46 $3,960.60 $0.52 $4,477.20 $0.40 $1,040.00 $0.14 $364.00 $0.14 $364.00 $0.16 $416.00 $5.30 $1,219.00 $4.55 $1,046.50 $4.50 S1,035.00 $5.10 $1,173.00 $8.00 $848.00 $7.05 $747.30 $7.00 $742,00 $7.93 $840.58 $5.75 $598.00 $3.05 $317.20 $3.00 $312.00 $3.40 $3S3.60 $5.00 $3,875.00 $4.25 $3,293.75 $4.20 $3,255.00 $4.76 $3,689.00 $4.00 $5,900.00 $2.20 S3,245.00 $2.20 $3,245.00 $2.49 $3 672.75 $900,279.51 $929,036.38 $938,802.55 $972,436.30 $1,200.00 $1,200.00 $202.00 $202.00 $1,260.00 $1,260.00 $1,067.68 $1,067.68 $7.00 $630.00 $9.80 $882.00 $6.50 $585.00 $7.91 $711.90 $14.00 $1,050.00 $9.70 $727.50 $5.00 $375.00 $9.42 $706.50 $12.00 $360.00 $18.10 $543.00 $5.00 $150.00 $15.41 $462.30 $2.50 $375.00 $2.05 $307.50 $2.50 $375.00 $3.47 $520.50 $2.50 $75.00 $1.30 $39.00 $1.50 $45.00 $3.42 $102.60 $45.00 $450,00 $89.70 $897.00 $13.49 $134.90 $42.36 $423.60 $170.00 $3,400,00 $106.00 $2,120.00 $75.00 $1,500.00 $151.01 $3,020.20 $9.00 $2,430.00 $8.60 $2,322.00 $9.00 $24430,00 $9.08 $2,451.60 $21.00 $2,100.00 $22.00 $2,200.00 $20.00 $x,000.00 $26.64 $2,664.00 $57.00 $3.648.00 $55.60 $3,558.40 $55.00 $3,520.00 $58.72 $3,758.08 $515.00 $515.00 $202.00 $2D2.00 $200.00 $200.00 $533.84 $533,84 $49.00 $980.00 $40.60 $812.00 $35.00 $7D0.0D $48.05 $961.00 $4.80 $24.00 $5.05 $25.25 $5.00 $25.00 $5.34 $26.70 $1.50 $142.50 $1.75 $166.25 $2.00 $190.00 $2.67 $253,65 $9.00 51,836.00 $2.20 $448.80 $2.20 $448.80 $2.49 $507.96 $19,215.50 $15,452 70 $13,938.70 $18,172.11 $1,200.00 $1,200,00 $202.00 $202,00 $3,500.00 $3,500.00 $1,067.68 $1,067.68 $7.00 $1,540.00 $9.80 $2,156.00 $6.50 $1,430.00 $7.97 51,753.40 $1.00 S485.00 $1.35 $654.75 $0.50 $242.50 $1.24 $601.40 $9.00 S1,440.00 $7.75 $1,240.00 $5.00 $800.00 $9.50 $1,520.00 $11.00 $1,155.00 $17.80 $1,869,00 $5.00 $525,00 $15.18 $1,593.90 $190.00 $190.00 $168.00 $168.00 $100.00 5100.00 $320.30 $320.30 $2.50 $175.00 $1.95 $136,50 $1.50 $105.00 $3.47 $242.90 $1.50 $9.00 $1.80 $10.80 $2.50 $15.00 $11.44 $68.64 $65.00 $3,640.00 $96.60 $5,409,60 $63.18 $3,538.08 $86.96 $4,869.76 $3.50 $4050.00 $2.05 $615,00 $2.50 $750.00 $3.47 S1,041.00 $425.00 $42.5.00 $912.00 $912,00 $500.00 $500.00 $800.76 $800.76 $45.00 $900.00 $32.70 $654.00 $13.49 S269.80 $42.36 $847,20 $170.00 $5,950.00 $90.70 $3,174.50 $75.00 $2,625.00 $149.48 $5,231.80 $725.00 $725.00 $792.00 $792.00 $650.00 S650.00 $1,601.52 $1,601,52 $2,600.00 $2,600.00 $2,140.00 $2,140.00 $3,000.00 $3,000.(10 $4,270.71 $4,270.71 $5.00 $1,125.00 $4.65 $L,D46.25 $5.10 $1,147.50 $4.91 $1,104.75 $9.00 $6,300.00 $8.60 $6,020.00 $9.00 $6,300.00 $9.08 $6,356.00 $60.00 $12,900.00 $58.60 $12,599.00 $62.50 $13,437,50 $61.93 $13,314.95 $21.00 $4,83D.D0 $20.20 $4,646,00 $20.00 $4,6W.00 $23.97 $5,513.10 $57.00 $6,840.D0 $55.60 $6,672.DOI $55.00 $6,600.00 $58.72 $7,046.40 193803898-BidFab.xlsm BT-2 BID TABULATION Item Num Item Units qty _ 98 TRAFFIC CONTROL LS 1 99 LOAM TOPSOIL BORROW CY 115 100 SEED MIXTURE 25-151 LB 30 101 EROSION CONTROL BLANKETS CATEGORY 0 SY 670 102 CROSSWALK PAINT SF 552 TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP ALTERNATE NO. 3: 28TH AVE. PEDESTRIAN BUMP 103 MOBILIZATION LS 1 104 REMOVE CURB & GUTTER LF 100 105 REMOVE SEWER PIPE (STORM) LF 13 106 REMOVE BITUMINOUS PAVEMENT SY 60 107 REMOVE CONCRETE WALK SY 30 108 REMOVE CASTING EA 1 109 REMOVE MANHOLE OR CATCH BASIN EA 1 110 SAWING BITUMINOUS PAVEMENT LF 140 111 GEOTEXTILE FABRIC TYPE V SY 30 112 AGGREGATE BASE CLASS 5 TON 10 113 BITUMINOUS PATCHING MIXTURE TON 15 114 12" RC PIPE SEWER DES 3006 CL V LF 46 115 CONNECT TO EXISTING STORM SEWER PIPE EA 1 116 INSTALL CASTING EA 1 117 INSTALL CATCH BASIN EA 2 118 INSTALL MANHOLE EA 1 119 6" CONCRETE WALK SF 180 120 CONCRETE CURB AND GUTTER LF 110 121 TRUNCATED DOMES SF 44 122 TRAFFIC CONTROL LS 1 123 LOAM TOPSOIL BORROW CY 20 124 SEED MIXTURE 35-ISI LB 5 125 EROSION CONTROL BLANKETS CATEGORY 0 SY 100 126 CROSSWALK PAINT SF 204 TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: BOONE CIR. PED. BUMP OUT TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP OUT TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP OUT Contractor Name and Address: Phone: Emall: Signed By: Title: Bid Security: Addenda Acknowledged: Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 Valley Paving, Inc. Park Construction Co. Northwest Asphalt North Valley, Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total $515.00 $515.00 $202.00 1$202.00 $200.00 $200.00 $533.84 $533.84 $49.00 $5,635.00 $33.40 $3,841.00 $35.00 $4,025.00 $48.05 $5,525.75 $4.80 $144.00 $5.05 $151.50 $5.00 $150.00 $5.08 $152.40 $1.50 $1,005.00 $1.75 $1,172.50 $2.00 $1,340.00 $1.76 S1,179.20 $9.00 $4968.00 $2.20 $1214.40 $2.20 S1,214.40 $2.49 $1374-48 $65,746.00 $57,699.80 $57,064.78 $67,931.84 $1,200.00 $1,200.OD $202.00 $202.00 $3,000.00 93,000.00 $1,067.68 $1,067.65 $7.00 $700.00 $9.80 $980.00 $6.50 $650.00 $7.90 $790,00 $15.00 $195.00 $28.40 $369.20 $15.00 $195.00 $26.69 $346.97 $9.00 $54p.00 $8.60 $516.00 $5.00 $300.00 $9.49 $569.40 $11.00 $330.00 $17.80 $534.00 $5.00 $150.00 $15.60 S468.00 $190.00 $190.00 $315.00 $315.D0 $100.00 $10D.00 $320.30 $320,30 $425.00 $425.00 $912.00 $912.00 $500.00 $500.0U $800.76 S800.76 $3.50 $490.U0 $2.05 $287.00 $2.50 $350.00 $3.47 $485.80 $2.50 $75.00 $1.95 $58.50 $1.50 $45.00 $3.47 $1D4.10 $45.00 $450.00 $32.70 $327.00 $13.49 $134.90 $42.07 $420.70 $170.00 $2,550.00 $78.60 S1,179.00 $75.00 $1,1Z5.DU $149.48 $2,242.20 $56.00 $2,576.00 $79.20 $3,643,20 $50.00 $2,300.0U $96.09 $4,420.14 $900.00 $900.00 $746.00 $746.OD $1,000.00 $1,DO0.00 $1,281.21 $1,281.Z1 $725.00 $725.00 $792.00 $792.00 $650.00 $650.1)0 $987.60 $987.60 $2,600.00 $5,200.00 $2,120.00 $4,240.00 $2,500.00 $5,000.00 $4,270.72 $8,541,44 $3,200.00 S%200.00 $2,120.00 $2,120.00 $3,000.00 $3,000.00 $5,338.39 $5,338.39 $5.00 $90D.00 $4.65 $837,00 $9.00 S1,620.00 $4.91 $883.80 $21.00 $2,310.00 $20.20 S2,222.00 $20.00 $2,20D.00 $26.64 $2,93CAO $57.00 $2,508.00 $55.60 $2,446.40 $55.00 $2,420.00 $58.72 $2583.68 $515.00 $515-00 $202.00 $202.00 $200.00 $Z00.00 $533.84 $533.84 $49.00 $980.00 $40.60 $812.00 $35.00 $700.00 $48.05 $961.00 $4.80 $24.00 $5.05 $z5•2 $5.00 $25.00 $5.34 $26.70 $1.50 $15D.OU $1.75 $175.DU $2.00 $200.OU $2.67 $267.00 $9.00 Sl 836.00 $2.20 $448.80 $2.20 $448.90 $2.49 $507.96 $28,969.00 $24,389.35 $26,313.70 $36,879.07 S900,279.51 $929,036.39 $938,802.55 $972,436.30 $19,215.50 $15,452.70 $13,938.70 S18,172.11 $65,746.00 $57,698.80 $57,064.78 $67,931.84 $28,969.00 $24,389.35 $26,313.70 $36,879.07 Valley Paving, Inc. Park Construction Company Northwest Asphalt, Inc. North Valley, Inc. 8800 13th Avenue East 1481 81st Avenue NE 1451 Stagecoach Rd. 20015 Iguana St. NW Ste. 100 Shakopee, MN 55379 Minneapolis, MN 55432 Shakopee, MN 55379 Nowthen, MN 55330 95Z-445-8615 763-786.98M 952-445-1056 763-274-2580 brentdvalfevoavino.mm [boreneCmp 5trUsti9n[ocom San n,vasohalt.net contactusanorthvalkvinc-ng Brent A. Carron Charles Borene Lance Guentzel Brad Schmidtbauer Vice President Paving Division Manager Project Manager President Bid Bond Bid Bond Bid Bond Bid Bond 1 I 1 I 193803898-BidTab.xlsm BT-3 BID TABULATION Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 GMH Asphalt Corporation C.S McCrossan Const. Co. Bituminous Roadways, Inc. Midwest Asphalt Services, LLC Item Num Item Units 9ty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $41,000.00 $41,000.00 $54,750.00 $54,750.00 $28,089.00 $28,089.00 $50,000.00 150,000.00 2 CLEARING TREE 1 $530.00 $530.00 $570.00 $S70.00 $1,655.00 $1,655.00 $550.00 $550.00 3 GRUBBING TREE 1 $530.00 $530.00 $570.00 $570.00 $662.00 $662.00 $550.00 $550,00 4 REMOVE CURB & GUTTER LF 1525 $7.50 $11,437,50 $4.70 $7,167.50 $8.20 $12,505.00 $10.00 $15,250,00 5 REMOVE SEWER PIPE (STORM) LF 44 $10.75 $473.00 $14.50 $638.00 $10.50 W2.00 $11.00 S484.00 6 REMOVE MANHOLE OR CATCH BASIN EA 1 $530.00 $530.00 $350.00 $350.00 $527.00 $527.00 $550.00 $55000 7 REMOVE BITUMINOUS WALK SF 78 $3.00 $234.00 $10.50 $819.00 $3.00 $234.00 $4.00 $312.00 8 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 370 $2.00 $740.00 $2.90 $1,073.00 $2.10 $777.00 $3.00 $1,110.00 9 REMOVE BITUMINOUS PAVEMENT SY 3560 $4.75 $16,910.00 $3.10 $11,036.00 $6.50 $23,140.00 $7.00 $24,920.00 10 REMOVE CONCRETE WALK SY 211 $1.50 $316.50 $10.00 $2,110.00 $10.00 $2,110.00 $15.00 $3,165.00 11 REMOVE CASTING EA 25 $300.00 0,SD0.00 $175.00 $4,375.DD $179.00 $4,475.00 $100.00 $2,500,00 12 REMOVE LOOP DETECTOR EA 33 $1.00 $33.00 $115.00 $3,795.00 $1.10 $36.30 $1.00 $33.00 13 SAWING BITUMINOUS PAVEMENT LF 530 $5.00 $2,650.DO $4.60 $2,438.00 $3.00 $1,590.()0 $4.00 $2,120.00 14 SALVAGE SIGN EA 36 $26.50 $954.00 $5.80 $208.80 $26.30 $946.80 $50.00 $1,800.00 15 COMMON EXCAVATION CY 650 $1.00 $650AD $20.00 $13,000.00 $21.30 $2,845.DD $38.00 $24,700.00 16 SUBGRADE EXCAVATION CY 286 $1.00 $286.00 $10.50 $3,003.00 $21.60 $6,177.60 $38.00 $10,868.00 17 GEOTEXTILE FABRIC TYPE V SY 1050 $5.00 $5,250.00 $3.30 $3,455.00 $2.50 $2,625.D0 $2.00 $2,100.00 18 STREET SWEEPER (WITH PICKUP BROOM) HR 25 $137.00 $3,425MO $145.00 $3,625.00 $143.00 $3,575.00 $165.00 $4,125.00 19 AGGREGATE BASE CLASS 5 TON 796 $17.50 $13,930.DD $21.00 $16.716.00 $12.50 $9,950.00 $24.00 $19,104.00 20 BITUMINOUS PATCHING MIXTURE TON 473 $65.05 $30,7613.65 $95.50 $45,171.50 $89.70 $42,428.10 $130.00 $61,44D.00 21 MILL BITUMINOUS SURFACE (2.0") SY 54318 $1.25 567,897.50 $0.65 S35,306.70 $1.40 $76,045.20 $1.00 $54,318.00 22 BITUMINOUS MATERIAL FOR TACK COAT GAL 3015 $3.00 $9,045.D0 $5.60 $16,884.00 $4.70 $14,170.50 $2.00 $6,030.00 23 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 6496 $65.25 $423,864.DD $63.20 $410,547.20 $61.60 $400,153.60 $65.00 $422.240.00 24 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 140 $125.00 $17,500.00 $80.00 $11,200.00 $71.80 $10,052.00 $80.00 $11,ZDD.00 25 TYPE 12.5 NON WEARING COURSE MIXTURE (4,B) TON 725 $60.80 $44,08100 $58.00 $42,050.00 $55.60 $40,310.00 $67.00 $48,575.00 26 4" PERF PVC PIPE DRAIN LF 90 $20.00 S1,SDO.00 $14.50 $1,305.00 $25.30 $2,277.00 $28.00 $2,520.00 27 21" RC PIPE SEWER CLASS V LF 44 $65.50 $2,882.00 $92.50 $4,070.00 $65.30 $2,873.20 $105.00 $4,620.00 28 VALVE BOX EA 11 $125.00 $1,375.00 $1,980.00 $21,780.00 $1,501.00 $16,511.00 $680.00 $7,480.00 29 ADJUST VALVE BOX EA 3 $250.00 $750.00 $445.00 S1,335.00 $243.00 $729.DO $400.00 $1,200.00 30 CONSTRUCT RISER LF 7.5 $85.00 $637.50 $460.00 S3,450.00 $206.00 $1,545.00 $130.00 $975.00 31 INSTALL CASTING EA 26 $770.00 $2D,020.00 $1,030.00 $26,780.00 $904.00 $23,504.DO $930.00 $24,180,00 32 INSTALL CATCH BASIN EA 1 $6,225.00 $6,225.00 $2,490.00 $2,490.00 $3,622.00 $3,622.00 $3,900.00 $3,900.DO 33 CONNECT TO EXISTING STRUCTURE EA 6 $625.00 $3,750.00 $780.00 $4,680.00 $621.00 $3,726.00 $1,400.00 $8,400.00 34 CONNECT TO EXISTING STORM SEWER PIPE EA 1 $550.00 $55no $540.00 $540.00 $548.00 $548.00 $1,400.00 $1,400.00 35 4" CONCRETE WALK SF 1375 $6.55 $9,006.25 $6.80 $9,350.00 $7.80 $10,725.00 $6.00 $8,250.00 36 6" CONCRETE WALK SF 730 $10.90 $7,957.00 $13.50 $9,855.00 $12.10 $8,833.0D $7.00 $5,110.00 37 CONCRETE CURB AND GUTTER LF 1525 $24.25 $36,981.25 $23.00 $35,075.00 $28.50 $43,462,50 $28.00 $42,700.00 38 7" CONCRETE DRIVEWAY PAVEMENT SY 345 $64.35 $22,200.75 $61.50 $21,217.50 $78.20 $26,979.00 $61.00 $21,045.00 39 TRUNCATED DOMES SF 132 $42.20 $5,570.40 $54.50 $7,194.00 $50.10 $6,613.20 $37.00 $4,884.00 40 RIGID PVC LOOP DETECTOR 6'X6' EA 5 $1,375.00 $6,875.DO $1,330.00 $6,650.00 $1,369.00 $6,845.OD $1,400.00 $7,000.00 41 TRAFFIC CONTROL LS 1 $32,600.00 $32,600.00 $5,700.00 $5,700.00 $35,097.00 $35,097.00 $36,000.00 $36,000.00 42 DETOUR SIGNING LS 1 $2,430.00 $2,430.00 $2,850.00 S2,850.00 $2,422.00 $2,422.00 $3,000.00 $3,000.00 43 SIGN PANELS TYPE C SF 350 $31.75 $11,112.50 $46.00 $16,100.00 $31.60 $11,060.00 $43.00 $15,050.00 44 REVISE SIGNAL SYSTEM SYS 1 $47,500.00 $47,500.00 $46,500.00 $46,500.00 $45,279.00 $45,279.00 $45,000.00 $45,000.00 45 STORM DRAIN INLET PROTECTION EA 21 $150.00 $3,150.00 $185.00 $3,885.00 $227.00 $4,767.DO $130.00 $2,730.00 46 LOAM TOPSOIL BORROW CY 220 $50.00 $11,DDO.00 $42.00 $9,240.00 $39.90 $8,778.00 $34.00 $7,48D.00 47 SEED MIXTURE 25-151 LB 60 $5.50 $330.00 $5.70 $342.00 $5.30 $318.00 $5.00 $300.00 48 EROSION CONTROL BLANKETS CATEGORY 0 SY 1255 $1.65 $2,070.75 $1.80 $2,259.00 $1.80 $2,259.00 $3.00 $3,765.00 49 PAVEMENT MESSAGE EPDXY SF 680 $7.60 $5,168.00 $8.20 $5,576.00 $7.60 $5,168.00 $8.00 $5,440.00 50 PAVEMENT MESSAGE PAINT SF 4630 $3.70 $17,131.00 $5.00 $23,150.00 $4.60 $21,298.00 $5.00 $23,150.00 51 4" SOLID LINE EPDXY LF 9031 $0.25 $2,25T75 $0.25 $2,257.75 $0.20 $1,805.20 $0.25 $2,257.75 52 4" SOLID LINE PAINT LF 24450 $0.08 $1,956.00 $0.10 $2,445,00 $0.10 $2,445.00 $0.10 $2,445.00 53 4" BROKEN LINE EPDXY LF 1900 $0.34 $646.00 $0.35 $665.00 $0.40 $760.00 $0.35 $665.00 54 4" BROKEN LINE PAINT LF 7450 $0.03 $223.50 $0.02 $149.00 $0.02 $149.00 $0.05 $372.50 55 4" DOUBLE SOLID LINE EPDXY LF 8610 $0.47 $4,D%.70 $0.55 $4,735.SD $0.50 54,305.00 $0.50 $4,305.00 56 4" DOUBLE SOLID LINE PAINT LF 2600 $0.15 $390.00 $0.15 $390.00 $0.20 $520.00 $0.15 $390.00 193803898-BidTab.xlsm BT-4 BID TABULATION Item Num Item Units Qt3 57 12" SOLID LINE EPDXY LF 230 58 24" SOLID LINE EPDXY LF 106 59 24" SOLID LINE PAINT LF 104 60 CROSSWALK EPDXY SF 775 61 CROSSWALK PAINT SF 1475 TOTAL BASE BID: ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT 62 MOBILIZATION LS 1 63 REMOVE CURB & GUTTER LF 90 64 REMOVE BITUMINOUS PAVEMENT SY 75 65 REMOVE CONCRETE WALK SY 30 66 SAWING BITUMINOUS PAVEMENT LF 150 67 GEOTEXTILE FABRIC TYPE V SY 30 68 AGGREGATE BASE CLASS 5 TON 10 69 BITUMINOUS PATCHING MIXTURE TON 20 70 6" CONCRETE WALK SF 270 71 CONCRETE CURB AND GUTTER LF 100 72 TRUNCATED DOMES SF 64 73 TRAFFIC CONTROL LS 1 74 LOAM TOPSOIL BORROW CY 20 75 SEED MIXTURE 25-151 LB 5 76 EROSION CONTROL BLANKETS CATEGORY 0 SY 95 77 CROSSWALK PAINT SF 204 TOTAL ALT NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT ALTERNATE NO. 2: 34TH AVE. PEDESTRIAN BUMP OUT 78 MOBILIZATION LS 1 79 REMOVE CURB & GUTTER LF 220 80 REMOVE BITUMINOUS WALK SF 485 81 REMOVE BITUMINOUS PAVEMENT SY 160 82 REMOVE CONCRETE WALK SY 105 83 REMOVE CASTING EA 1 84 GEOTEXTILE FABRIC TYPE V SY 70 85 BITUMINOUS MATERIAL FOR TACK COAT GAL 6 86 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 56 87 SAWING BITUMINOUS PAVEMENT LF 300 88 REMOVE MANHOLE OR CATCH BASIN EA 1 89 AGGREGATE BASE CLASS 5 TON 20 90 BITUMINOUS PATCHING MIXTURE TON 35 91 INSTALL CASTING EA 1 92 INSTALL CATCH BASIN EA 1 93 4" CONCRETE WALK SF 225 94 6" CONCRETE WALK SF 700 95 7" CONCRETE DRIVEWAY PAVEMENT SY 215 96 CONCRETE CURB AND GUTTER LF 230 97 TRUNCATED DOMES SF 120 98 TRAFFIC CONTROL LS 1 99 LOAM TOPSOIL BORROW CY 115 100 SEED MIXTURE 25-151 LB 30 101 EROSION CONTROL BLANKETS CATEGORY 0 SY 670 102 CROSSWALK PAINT SF 552 TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP ALTERNATE NO. 3: 28TH AVE. PEDESTRIAN BUMP 103 MOBILIZATION LS 1 Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 GMH Asphalt Corporation C.S McCrossan Const. Co. Bituminous Roadways, Inc. Midwest Asphalt Services, LLC Unit Price Total Unit Price Total Unit Price Total Unit Price Total 4.7 $1,092.50 $5.10 $1,173.00 $4.70 $1,081.00 $5.D0 $1,150,00 $7.35 $779.10 $8.00 $848.00 $7.40 $784.40 $8.00 $848.00 $3.25 $338.00 $3.40 $353.60 $3.20 $33Z.80 $3.00 $312.00 $4.40 $3,410.00 $4.80 $3,720.00 $4.40 $3,410.00 $5.00 $3,875.00 $2.10 $3,097.50 $2.50 $3687.50 $2.30 $3,392.50 $3.00 94,425.00 $977,843.60 $982,666.55 $1,010,765.90 $1,074,718.25 $2,500.00 S21500.00 $1.00 $1.00 $1,459.00 $1,459.00 $1,500.00 $1,5D0.00 $15.00 $1,350.00 $4.70 $423.00 $9.00 $810.00 $8.00 $720.00 $12.00 $900.00 $6.00 $450.00 $9.00 $675.00 $13.00 $975.00 $12.00 $360.00 $10.00 1300.00 $13.00 $390.00 $15.00 $450.00 $5.00 $75D.00 $4.60 $690.00 $3.20 $480.00 $4.00 $600.00 $10.00 $300.00 $3.30 599.00 $5.10 $153.00 $4.00 $120.00 $75.00 $750.00 $21.00 $210.00 $40.40 $404.00 $70.00 $700,00 $150.00 $3,DD0.D0 $125.00 $2,500.00 $97.60 $1,952.00 $120.00 S2,400.00 $11.45 S3,091.50 $18.00 $4.860.00 $14.20 $3,834.00 $7.00 $1,890.00 $33.00 $3,300.00 $43.50 $4,350.00 $38.90 $3,890.00 $29.00 $2,900,00 $42.20 $2,700,80 $54.50 $3,488.00 $50.10 $3,206.40 $37.00 $2,368.00 $250.00 $250.00 $570.00 $570.00 $211.00 $211.D0 $550.00 S550.00 $50.00 $1,0D0.00 $42.00 $840.00 $48.40 $968,00 $36.00 $720.00 $5.50 $27.50 $5.70 $28.50 $5.30 $26.50 $5.00 $25.00 $2.00 $190.00 $2.90 $275.50 $1.80 $171.00 $5.00 $475.D0 $2.10 $4Z8.40 $2.50 S510.00 $2.30 $469.20 $3.00 $612.00 $20,898.20 $19,595.00 $19,099.10 $17,005.00 $2,000.00 $2,000.00 $1.00 $1.00 $4,249.00 $4,249.00 $3,000.00 $1000.00 $8.50 $1,870.00 $4.70 $1,034.00 $8.50 $1,870.00 $8.00 $1,760.00 $1.50 $727.50 $0.70 $339.50 $2.90 $1,406.50 $1.00 $485.00 $10.00 $1,600.00 $6.00 $960.00 $6.70 $1,072.00 $8.00 $1,280.00 $2.00 $210m $10.00 $1,050.00 $10.00 $1,050.00 $15.00 $1,575.00 $300.00 $300.00 $175.00 $175.00 $323.00 $323.D0 $100.00 $100.00 $5.00 $350.00 $3.30 $231.00 $3.00 $210.D0 $4.00 $280.00 $20.00 $120.00 $5.60 $33.60 $53.70 $322.20 $3.00 $18.00 $125.00 $7,00100 $90.50 $5,068.00 $90.50 $5,068,00 $110.00 $6,160.00 $3.50 $1,050.D0 $4.60 $1,380.00 $3.20 S960.00 $4.00 $1,200.00 $530.00 $530.00 $350.00 $350.00 $527.00 $527.00 $930.00 S930.00 $50.00 $1,000.D0 $21.00 $420.D0 $17.10 $342.00 $50.00 $11000.00 $150.00 S5,2501)0 $125.00 $4,375.00 $90.30 $3,150.50 $110.00 $3,850.00 $770.00 $770.00 $765.00 $765.00 $934.00 S934.00 $750.00 $750.00 $6,170.00 $6,170.00 $2,630.00 $2,630.00 $3,622.00 $3,622-D0 $3,800.00 $3,800.00 $5.90 $1,327.50 $6.80 $1,530.00 $10.90 $2,452,50 $6.00 $1,350.00 $11.45 $8,015.00 $13.50 $9,450.00 $14.00 $9,800,00 $7.00 $4,900.00 $71.00 $15,265.00 $61.50 $13,227-50 $78.50 $16,877.50 $61.00 $13,115.00 $27.30 $6,279.00 $41.00 $9,430.00 $33.60 $7,728.00 $28.00 $6,440.00 $42.20 $5,064.00 $54.50 $6.540.00 $50.10 $6,01-2.00 $37.00 $4,440.00 $250.00 $250.00 $570.00 S570.00 $585.00 $585A0 $1,000.00 $1,000.00 $35.00 $4,025.00 $42.00 $4,830.00 $41.00 $4,715.p0 $30.00 $3,450.00 $5.50 $165.00 $5.40 $162.00 $5.30 $159.D0 $5.00 $150.00 $1.75 $1,172.50 $1.90 $1,273.00 $1.80 $1,206.00 $3.00 $21010.00 $2.10 $1159.20 $2.50 $1,380.00 $2.30 S1,269.60 $3.00 $1,656.00 $71,669.70 $67,199.60 $75,920.80 $64,699.00 $2,000.00 $2,D00.00 $1.00 $1.00 $2,933.00 S2,93300 $2,000.00 $2,000.00 193803898-BidTab.xlsm BT-5 BID TABULATION Item Num Item Units Qty 104 REMOVE CURB & GUTTER LF 100 105 REMOVE SEWER PIPE (STORM) LF 13 106 REMOVE BITUMINOUS PAVEMENT SY 60 107 REMOVE CONCRETE WALK SY 30 108 REMOVE CASTING EA 1 109 REMOVE MANHOLE OR CATCH BASIN EA 1 110 SAWING BITUMINOUS PAVEMENT LF 140 111 GEOTEXTILE FABRIC TYPE V SY 30 112 AGGREGATE BASE CLASS 5 TON 10 113 BITUMINOUS PATCHING MIXTURE TON 15 114 12" RC PIPE SEWER DES 3006 CL V LF 46 115 CONNECT TO EXISTING STORM SEWER PIPE EA 1 116 INSTALL CASTING EA 1 117 INSTALL CATCH BASIN EA 2 118 INSTALL MANHOLE EA 1 119 6" CONCRETE WALK SF 180 120 CONCRETE CURB AND GUTTER LF 110 121 TRUNCATED DOMES SF 44 122 TRAFFIC CONTROL LS 1 123 LOAM TOPSOIL BORROW CY 20 124 SEED MIXTURE 35-151 LB 5 125 EROSION CONTROL BLANKETS CATEGORY 0 SY 100 126 CROSSWALK PAINT SF 204 TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: BOONE CIR. PED. BUMP OUT TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP OUT TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP OUT Contractor Name and Address: Phone: Email: Signed By: Title: Bid Security: Addenda Acknowledged: Bidder No. S Bidder No. 6 Bidder No. 7 Bidder No. 8 GMH Asphalt Corporation C.S McCrossan Const. Co. Bituminous Roadways, Inc. Midwest Asphalt Services, LLC Unit Price Total Unit Price Total Unit Price Total Unit Price Total $12.00 $1,200.DD $4.70 $470.00 $8.30 $830.00 $9.00 MOO $11.00 $143.00 $14.50 $188.50 $10.50 $136.50 $18.00 S234.00 $10.00 $600.00 $6.00 $360.00 $7.40 $444-00 $13.00 $780.00 $2.00 $60.00 $10.00 $3DO.00 $13.00 $390.00 $15.00 $450.00 $300.00 $300.00 $175.00 $175.00 $323.00 $323.DO $80.00 $80.00 $530.00 $530.00 $350.00 $350.00 $527.00 $527.00 $930.00 $930.00 $5.00 $700.00 $4.60 $644.00 $3.40 $476,00 $4.00 $56D.00 $5.00 $150.00 $3.30 $99.00 $5.10 $153.00 $4.00 $120.00 $50.00 $500.00 $21.00 $210.00 $24.90 $249.00 $70.00 $700.00 $150.00 $2,250.00 $125.00 $1,875.00 $97.60 $1,464.00 $140.00 $2,100.00 $53.00 $2,438.00 $61.00 $2,8D6.00 $52.70 $2,424.20 $75.00 $3,450.00 $530.00 $530.00 $780.00 $780.00 $527.00 $527.00 $1,400.00 $1,400.OD $770.00 $770.00 $765.00 $765.00 $934.00 $934.D0 $750.00 $750.00 $5,110.06 $10,220.i2 $2,490.00 $4,980.00 $3,622.00 $7,244.00 $4,000.00 $8,000.00 $2,705.00 $2,705.DO $3,340.00 $3,340.00 $4,212.00 $4,212.00 $5,400.00 $5,400.00 $11.45 $2,661.00 $8.00 $1,440.00 $14.00 $2,520.00 $7.00 $1,260.00 $32.05 $3,525.50 $43.50 $4,785.00 $39.20 $4,312.00 $29.00 $3,190.00 $46.50 $2,D46.00 $54.50 $2,3138.00 $50.10 $2,204.40 $40.00 $1,760.00 $250.00 $250.DO $570.00 $570.00 $1,108.00 $1,108.DD $550.00 $550.00 $50.00 $1,000.DO $42.00 $840.00 $48.40 S968.DO $36.00 $72D.0O $5.50 $27.50 $5.70 $28.50 $5.30 $26.50 $5.00 $25.00 $3.00 $300.00 $2.90 $290.00 $1.80 $180.00 $5.00 $500.00 $2.10 $428.40 $2.50 $510.00 $2.30 $469.20 $3.00 $612.00 $34,734.52 $28,205.00 $35,054.80 $36,471.00 $977,843.60 $982,666.55 $1,010,765.90 $1,074,718.25 $20,898,20 $19,595.00 $19,099.10 $17,005.00 $71,669.70 $67,199.60 $75,920.80 $64,699.00 $34,734.52 $28,2D5.00 $35,054.80 $36,471.00 GMH Asphalt Corp C-S, McCrossan Const. Inc. Bituminous Roadways, Inc. Midwest Asphalt Services 9180 Laketown Road 7865 Jefferson Hwy., Box 1240 1520 Commerce Dr. 6340 Industrial Dr. Chaska, MN 55318 Maple Grove, MN 55311 Mendota Heights, MN 55120 Eden Prairie, MN 55346 952-442-5288 763-425-4167 651-686-7001 952-937-8033 OmhggrnttaWhAjQ2m erlkbCamccnxsan.cm infoLabliroadS.Com ksticha-mmdwe ra5vba1LnEt Brandon E. Butorac Jane McCrossan Jahn Kittleson Matthew J. Timmers Vice President Vice President President Vice President Bid Bond Bid Bond Bid Bond Bid Bond 1 1 1 1 193803898-BidTab.xlsm BT-6 Item Num BID TABULATION Item Units 0tv Bidder No. 9 Hardrives, Inc. Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $76,936.64 $76,936. 2 CLEARING TREE 1 $541.94 $541. 3 GRUBBING TREE 1 $541.94 $541. 4 REMOVE CURB & GUTTER LF 1525 $11.68 $17,812, 5 REMOVE SEWER PIPE (STORM) LF 44 $16.26 $715. 6 REMOVE MANHOLE OR CATCH BASIN EA 1 $650.32 $650, 7 REMOVE BITUMINOUS WALK SF 78 $7.64 $595. 8 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 370 $2.84 $1,050. 9 REMOVE BITUMINOUS PAVEMENT SY 3560 $3.67 $13,065. 10 REMOVE CONCRETE WALK SY 211 $9.03 $1,905. 11 REMOVE CASTING EA 25 $162.58 $4,054. 12 REMOVE LOOP DETECTOR EA 33 $164.01 $5,412. 13 SAWING BITUMINOUS PAVEMENT LF 530 $3.95 $2,093. 14 SALVAGE SIGN EA 36 $37.94 $1,365. 15 COMMON EXCAVATION CY 650 $16.17 $10,510. 16 SUBGRADE EXCAVATION CY 286 $17.02 $4,867. 17 GEOTEXTILE FABRIC TYPE V SY 1050 $2.92 $3,066, 18 STREET SWEEPER (WITH PICKUP BROOM) HR 25 $162.58 $4,064, 19 AGGREGATE BASE CLASS 5 TON 796 $19.66 $15,649. 20 BITUMINOUS PATCHING MIXTURE TON 473 $95.16 $45,010. 21 MILL BITUMINOUS SURFACE (2.0') SY 54318 $0.88 $47,799. 22 BITUMINOUS MATERIAL FOR TACK COAT GAL 3015 $2.77 $8,351. 23 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 6496 $71.94 5467,322. 24 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 140 $137.38 $19,233. 25 TYPE 12.5 NON WEARING COURSE MIXTURE (4,B) TON 725 $72.06 $52,243. 26 4" PERF PVC PIPE DRAIN LF 90 $26.01 $2,340. 27 21" RC PIPE SEWER CLASS V LF 44 $67.20 $2,956. 28 VALVE BOX EA 11 $1,544.52 $16,989. 29 ADJUST VALVE BOX EA 3 $379.36 $1,138. 30 CONSTRUCT RISER LF 7.5 $650.32 $4,877. 31 INSTALL CASTING EA 26 $921.29 $23,953. 32 INSTALL CATCH BASIN EA 1 $3,728.53 $3,728. 33 CONNECT TO EXISTING STRUCTURE EA 6 $639.49 $3,836. 34 CONNECT TO EXISTING STORM SEWER PIPE EA 1 $563.61 $553. 35 4" CONCRETE WALK SF 1375 $4.99 $6,861, 36 6" CONCRETE WALK SF 730 $9.21 $6,723. 37 CONCRETE CURB AND GUTTER LF 1525 $21.62 $32,970. 38 7" CONCRETE DRIVEWAY PAVEMENT SY 345 $62.86 $21,686. 39 TRUNCATED DOMES SF 132 $59.61 $7,868. 40 RIGID PVC LOOP DETECTOR 6'X6' EA 5 $1,072.47 $5.362. 41 TRAFFIC CONTROL LS 1 $9,754.86 $9,754. 42 DETOUR SIGNING LS 1 $1,625.81 $1,625, 43 SIGN PANELS TYPE C SF 350 $40.10 $14,035, 44 REVISE SIGNAL SYSTEM SYS 1 $45,295.84 $45,295. 45 STORM DRAIN INLET PROTECTION EA 21 $189.68 $3,983. 46 LOAM TOPSOIL BORROW CY 220 $45.52 $10,D14. 47 SEED MIXTURE 25-151 LB 60 $3.52 $211. 48 EROSION CONTROL BLANKETS CATEGORY 0 SY 1255 $4.23 $5,308. 49 PAVEMENT MESSAGE EPDXY SF 680 $7.80 $5,3D4, 50 PAVEMENT MESSAGE PAINT SF 4630 $4.77 $22,085, 51 4" SOLID LINE EPDXY LF 9031 $0.25 $2,257. 52 4" SOLID LINE PAINT LF 24450 $0.08 $1,956, 53 4" BROKEN LINE EPDXY LF 1900 $0.36 fG84. 54 4" BROKEN LINE PAINT LF 7450 $0.02 $149. 55 4" DOUBLE SOLID LINE EPDXY LF 8610 $0.50 $4,305. 56 4" DOUBLE SOLID LINE PAINT LF 2600 $0.15 $390, 193803898-BidTab.xlsm BT-7 BID TABULATION Bidder No. 9 Hardrives, Inc. Item Num Item Units Unit Price 57 12- SOLID LINE EPDXY LF ?r. $4.88 58 24" SOLID LINE EPDXY LF 106 $7.59 59 24" SOLID LINE PAINT _ 104 $3.25 60 CROSSWALK EPDXY SF 775 $4.55 61 CROSSWALK PAINT SF 1475 $2.38 TOTAL BASE BID: ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT 62 MOBILIZATION LS 1 $5,871.84 63 REMOVE CURB & GUTTER LF 90 $10.92 64 REMOVE BITUMINOUS PAVEMENT SY 75 $10.79 65 REMOVE CONCRETE WALK SY 30 $12.19 66 SAWING BITUMINOUS PAVEMENT LF 150 $3.95 67 GEOTEXTILE FABRIC TYPE V SY 30 $16.17 68 AGGREGATE BASE CLASS 5 TON 10 $66.87 69 BITUMINOUS PATCHING MIXTURE TON 20 $153.93 70 6" CONCRETE WALK SF 270 $9.21 71 CONCRETE CURB AND GUTTER LF 100 $21.62 72 TRUNCATED DOMES SF 64 $59.61 73 TRAFFIC CONTROL LS 1 $812.91 74 LOAM TOPSOIL BORROW CY 20 $47.69 75 SEED MIXTURE 25-151 LB 5 $3.52 76 EROSION CONTROL BLANKETS CATEGORY 0 SY 95 $4.23 77 CROSSWALK PAINT SF 204 $2.38 TOTAL ALT NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT ALTERNATE NO. 2: 34TH AVE. PEDESTRIAN BUMP OUT 78 MOBILIZATION LS 1 $3,217.51 79 REMOVE CURB & GUTTER LF 220 $9.57 80 REMOVE BITUMINOUS WALK SF 485 $0.99 81 REMOVE BITUMINOUS PAVEMENT SY 160 $7.85 82 REMOVE CONCRETE WALK SY 105 $9.46 83 REMOVE CASTING EA 1 $162.58 84 GEOTEXTILE FABRIC TYPE V SY 70 $5.24 85 BITUMINOUS MATERIAL FOR TACK COAT GAL 6 $34.94 86 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) TON 56 $118.57 87 SAWING BITUMINOUS PAVEMENT LF 300 $5.64 88 REMOVE MANHOLE OR CATCH BASIN EA 1 $650.32 89 AGGREGATE BASE CLASS 5 TON 20 $57.14 90 BITUMINOUS PATCHING MIXTURE TON 35 $112.61 91 INSTALL CASTING EA 1 $921.29 92 INSTALL CATCH BASIN EA 1 $3,728.53 93 4" CONCRETE WALK SF 225 $4.99 94 6" CONCRETE WALK SF 700 $9.21 95 7" CONCRETE DRIVEWAY PAVEMENT SY 215 $62.86 96 CONCRETE CURB AND GUTTER LF 230 $21.62 97 TRUNCATED DOMES SF 120 $59.61 98 TRAFFIC CONTROL LS 1 $812.91 99 LOAM TOPSOIL BORROW CY 115 $45.52 100 SEED MIXTURE 25-151 LB 30 $3.52 101 EROSION CONTROL BLANKETS CATEGORY 0 SY 670 $4.23 102 CROSSWALK PAINT SF 552 $2.38 TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP ALTERNATE NO. 3: 28TH AVE. PEDESTRIAN BUMP 103 MOBILIZATION LS 1 $3,082.67 193803898-BidTa b.xlsm $1,083,390.51 $5,871.84 $982.80 $809.25 $365.70 $592.50 $485.10 $668.70 $3,078.60 $2,486.70 $2,162.00 $3,815.04 $812.91 $953.80 $17.60 $401.85 $485.52 $23,989.91 $3,082.671 BT-8 Item Nurn BID TABULATION Item Units Qty 104 REMOVE CURB, v GUTTER LF 100 105 REMOVE SEWER PIPE (STORM) LF 13 106 REMOVE BITUMINOUS PAVEMENT SY 60 107 REMOVE CONCRETE WALK SY 30 108 REMOVE CASTING EA 1 109 REMOVE MANHOLE OR CATCH BASIN EA 1 110 SAWING BITUMINOUS PAVEMENT LF 140 111 GEOTEXTILE FABRIC TYPE V SY 30 112 AGGREGATE BASE CLASS 5 TON 10 113 BITUMINOUS PATCHING MIXTURE TON 15 114 12" RC PIPE SEWER DES 3006 CL V LF 46 115 CONNECT TO EXISTING STORM SEWER PIPE EA 1 116 INSTALL CASTING EA 1 117 INSTALL CATCH BASIN EA 2 118 INSTALL MANHOLE EA 1 119 6" CONCRETE WALK SF 180 120 CONCRETE CURB AND GUTTER LF 110 121 TRUNCATED DOMES SF 44 122 TRAFFIC CONTROL LS 1 123 LOAM TOPSOIL BORROW CY 20 124 SEED MIXTURE 35-151 LB 5 125 EROSION CONTROL BLANKETS CATEGORY 0 SY 100 126 CROSSWALK PAINT SF 204 TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: BOONE CIR. PED. BUMP OUT TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP OUT TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP OUT Contractor Name and Address: Signed Bid Addenda Bidder No. 9 Hardrives, Inc. $ 7.04 $10.84 $9.53 $11.63 $162.58 $650.32 $4.38 $6.18 $68.80 $112.91 $54.19 $541.94 $921.29 $3,728.53 $3,956.14 $4.99 $21.62 $59.61 $812.91 $48.77 $3.52 $4.23 $2.38 $7,457 $17 $1,083,390.51 $23,989.91 $71,019.21 $32,824.28 drives, Inc. 01 Hudson Rd. gland, MN 55043 -428-8886 n rMhardrm--Aricxa:, pony E. Kieger !ctor of Internal Sales Bond 193803898-BidTab.xlsm BT-9 495406 09y G x a z W a z. q z a gsTri AV E N 48T1•I MR N U.W 11-161• 48TH AVE N� +_ Q - < New Nape .. • .. - ; I 47 512 AVE N a, I 47TH AVE N 47TH �VI?-N y 1` 477HAVE N �.;.,..:. r. -. 7 z z., N't 6R 7J Of v z 46TH AVE N .a 4G.112AVE N ul Di .n � Q • v 5 dcTHAVE N o QyTHA Z d a .. 45112AVE N W W 45TH AVE N' a �3DEice Station, 45TH AVE ,L N 45TIIN, &N, _ 44711 cIR•N w d - City Hallc,1y Hair 0 �., T ,�,ir, L I : zF Scrod ,u. a � Fire Station 49RD.AVE <<� And L L }F $• z W AVE N 'R_,)A►°�aic or Schoui Di%2d, Annim ofrlrP,s W 7 .. Q r---' '04 r _ 1 .- 'z O z• .41STAVE 19 z w L7 U1 .._ q.• Z x U. z 40 1,2AVE N LI 8 a N 7U. �. 39THAVE N' '-------- - ,-Q r/•z 38TiiAV[ N7 a• -� - �� Crystal =' a _ t Z a > ;_ 36th Av fl - _LU a a a ayq a W 35 112 AVE N v d 35TH AVE N - N � _ z �. 1r NPARK DF� LU F; Schoo, W Z 1 W ix w HAVEN a 11 Q m 3grH ❑ fn A vow.Co >o I Co �t I _J W = z Z 32nd AVE N z W z z nNj N W `■■ I o, 31STAVE _ r7 I I I 30TH AVE N.,,r.�..�,,..��r�.rMr�.........�..,...�.....� .i z 29TH AVr. N vIFVJcntif_"' I I-rJ W 29TH AVE N a w 28TH AVE N o a 1 �4000in� dale :i�»niW Irritn ti v: Schoo'• ❑ 2 I 1 J x J � z ._. y r Golden Valley 498687 501967 Figure 1 2018 Proposed Project Area Plymouth [} olatrlr}s le New Hope, Minnesota 2018 MSA Infrastructure Improvements I City Hall Fire Station Police Station 00 Public Works j School Locations ♦ Church Parks —Mill & Overlay wl� Stantec f�-1 .�akn�a«ep,.ryr e��lne �n«�n�.and�omae, e 0 750 1.500 or meamn '" °v non, me�anren p iron Fcel I IBOW �Al onpinal document rize a185w11� v. tvza ocine�lvreweva oisv>igecirvzole ixoro2�pmxa GORDON L. JENSEN' MELANIE P. PERSELLIN2,' STEVEN A.SONDRALL STACYA. WOODS' Real Property Law Specialist Certified By The Minnesota State Bar Association ZLicensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW March 26, 2018 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 m TELEFAX (763) 493-5193 WWWJSPWaW.Com Re: 2018 MSA Infrastructure Improvements City Project No. 999 Our File No.: 99.10030 Dear Val: Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Enclosed please find four copies of the contract with Valley Paving, Inc., a Minnesota corporation. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificates of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. A ely, k Stacy A. oastant ity Attorney, City of N w Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone Itr - 2018 MSA Infrastructure Improvements - Project 999.docx 0 kVALL AVI INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com March 16, 2018 City of New Hope C/O Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 Re: 2018 MSA Infrastructure Improvements / City of New Hope Project #999 Please find enclosed the executed Contract, Payment/Performance Bond and Insurance Certificate for the above noted project, for further process. Should you have any questions or concerns, please contact our office at 952-445-8615. We thank you for the opportunity to work with you. Sincerely, LLEV PAVIN , INC. Wanagger Encl. ASP�MiA►t`C 100% RECYCLABLE Affirmative Action / Equal Opportunity Employer A VETERAN OWNED COMPANY 3/21 /2018 Business Filing Details Business Record Details)) Minnesota Business Name Valley Paving, Inc. Business Type Business Corporation (Domestic) File Number 31-980 Filing Date 01/18/1979 Renewal Due Date 12/31/2018 Number of Shares 500,000,000 Chief Executive Officer Richard Carron 880013th Ave E Shakopee, MN 55379 USA Filing History Filing History MN Statute 302A Home Jurisdiction Minnesota Status Active / In Good Standing Registered Office Address 880013th Ave E Shakopee, MN 55379 USA Registered Agent(s) (Optional) None provided Principal Executive Office Address 880013th Ave E Shakopee, MN 55379 USA Select the item(s) you would like to order: Order Selected Copies Filing Date Filing 01/18/1979 Original Filing - Business Corporation (Domestic) 01/18/1979 Business Corporation (Domestic) Business Name (Business Name: Valley Paving, Inc.) Effective Date https://mbisportaI.sos.state. mn. us/Business/SearchDetails?fi[ingGuid=07121106-a2d4-e011-a886-001 ec94ffe7f 1/2 3/21 /2018 Business Filing Details Filing Date Filing 05/27/1980 Registered Office and/or Agent - Business Corporation (Domestic) 11/10/1981 Business Corporation (Domestic) Active Status Report 01/08/1988 Business Corporation (Domestic) Restated Articles 01/08/1988 Registered Office and/or Agent - Business Corporation (Domestic) 01/08/1988 Business Corporation (Domestic) Change of Shares 12/28/2012 Amendment - Business Corporation (Domestic) Change of Shares 02018 Office of the Minnesota Secretary of State - Terms & Conditions Effective Date hftps://mblsportal.sos.state. mn.us/BusinessISearchDetails?fi lingGuid=07121106-a2d4-e011-a886-001 ec94ffe7f 2/2 March 30, 2018 Mr. Brent Carron Valley Paving, Inc. 880013�1 Avenue East Shakopee, MN 55379 SUBJECT: 2018 MSA Infrastructure Improvements City Project 999 At its meeting of March 12, 2018, the New Hope City Council approved the contract with your company for project no. 999 for $1,014,210.01 for the total base bid plus alternates 1, 2, and 3. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, f4lr�_ Valerie Leone City Clerk, CMC Enclosures -Contract, IC-134 cc: Bernie Weber, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action March 12, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.7 Agenda Title Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for street improvements to 36th Avenue N (2018 MSA Infrastructure Improvement Project) Requested Action Staff requests the approval of a resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for street improvements to 36th Avenue N (2018 MSA Infrastructure Improvement Project No. 999). Policy/Past Practice The City Council routinely considers joint powers agreements due to the economics and efficiencies of doing so. The city of New Hope has participated with neighboring cities on street infrastructure projects, with regards to boundary streets, for many years. Background The attached agreement sets forth the obligations of the cities of Crystal and New Hope in undertaking the project. The agreement establishes that the city of New Hope is the lead agency and is responsible for bidding the project and managing the construction. The project generally consists of mill and overlay street improvements, including minimal utility improvements for 36th Ave N; with around half of 36th consisting of city of Crystal property. The proposed project schedule is: Award bid March 12, 2018 • Finish construction in summer of 2018 • Final project closeout in fall 2018 Funding This project for New Hope will be funded primarily by the MSA contribution, as well as the city of Crystal contribution. The original budget for the city of New Hope work amount was $241,810.73. The project also includes shared costs with the city of Crystal on 36th Ave N, which is estimated at approximately $105,995.09. Attachments • Resolution • Joint Powers Agreement • Engineer's Memo • Statement of Estimated Quantities I:\RFA\PUBWORKS\2018\Council\999 2018 MSA Boone Avenue\3-12 Crystal Joint Agreement\RFA 999 Crystal Joint Agreement.docx City of New Hope Resolution No. 2018 - 39 Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for street improvements to 36th Avenue North (2018 MSA Infrastructure Improvement Project) WHEREAS, the city of New Hope and the city of Crystal have been negotiating to bring improvements on 36th Avenue North; and, WHEREAS, said improvements include mill and overlay of the existing bituminous roadway and minimal utility improvements; and, WHEREAS, a joint powers agreement has been prepared between the city of New Hope and the city of Crystal setting forth the scope of work, terms, and conditions for sharing project costs. NOW, THEREFORE, BE IT RESOLVED, 1. That the above recitals are incorporated herein by reference. 2. That the joint powers agreement between the city of New Hope and the city of Crystal for the 2018 MSA Infrastructure Improvement Project is approved. 3. The Mayor and City Manager (the "Officers") are authorized and directed to sign the same on behalf of the city when the following condition is met: Substantial conformance of the joint powers agreement to the form of agreement presented to the Council as of this date, with such additions and/or modifications as the Officers may deem necessary or desirable as evidenced by their execution thereof. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of March, 2018. Maya Attest: City Clerk 5 Stantec March 5, 2018 File: 193803898 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 2018 Municipal State Aid (MSA) Infrastructure Improvements - 36th Avenue North Joint Powers Agreement (JPA) with City of Crystal City Project No.: 999 Dear Bernie, As part of the 2018 MSA Infrastructure Improvements Project, the cities of Crystal and New Hope worked together to form a Joint Powers Agreement (see attached JPA) for the planned 36th Avenue North street maintenance work. The street portion of 36th Avenue North between Winnetka Avenue and Louisiana Avenue share a common boundary between the cities and is planned for a mill and overlay improvement. Crystal is also planning on coordinating restriping work on 36th Avenue North between Louisiana Avenue and Douglas Drive as well. The JPA includes the attached Exhibit A which provides the post bid cost estimate as submitted by the low bidder Valley Paving, Inc. The total estimated project cost to Crystal, including indirect costs, is identified in Exhibit A as $127,194.14. Upon approval of the contract award with Valley Paving, Inc., the City Council may consider approval of the JPA at the March 12th Council Meeting. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC [.kW-,, ao. Christopher W. Long, P.E. Attachments: 36th Avenue North Joint Powers Agreement with City of Crystal; Exhibit A of JPA (Post Bid SEQ)- Cc: Kirk McDonald, Valorie Leone, Dave Lemke, Shawn Markham, Andrew Kramer, Megan Albert, Jim Muellner- New Hope; Adam Martinson, Ann Dienhart, Kellie Schlegel - Stantec. Design with community in mind March 19, 2018 Ms. Anne Norris City Manager City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 Subject: Joint Powers Agreement — 2018 361" Avenue North Mill and Overlay Project (#999) At its meeting of March 12, 2018, the New Hope City Council approved the fore -mentioned agreement. New Hope officials have signed the agreement. Please return a fully executed co of the_sigrlature page for our records. It is understood that Crystal's estimated cost is $127,194 (project costs plus indirect costs). Please continue to coordinate the project with Public Works Director Bernie Weber. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enc. cc; Bernie Weber, director of public works Kirk McDonald, city manager CITY OF NEW $COPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 2018 - 36th AVENUE NORTH MILL AND OVERLAY PROJECT NEW HOPE - CRYSTAL JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT ("Agreement") is made and entered into effective as of the -&-day of , 2018, by and between the City of New Hope, a municipal corporation under the laws of the State of Minnesota ("New Hope"), and the City of Crystal, a municipal corporation under the laws of the State of Minnesota ("Crystal"), collectively referred to as the "Cities" and individually as a "City." WHEREAS, the Cities have been planning on coordinating street maintenance work on 36th Avenue between Winnetka Avenue and Louisiana Avenue which shares a common boundary between the Cities; and WHEREAS, 36th Avenue is due for a mill and overlay; and WHEREAS, the City of Crystal is planning on coordinating restriping work on 36th Avenue between Louisiana Avenue and Douglas Drive in the City of Crystal; and WHEREAS, the Cities desire to work jointly to complete the contracted mill and overlay and restriping project; and WHEREAS, the scope of the Work has been negotiated between the cities and has been incorporated into the plan set entitled "2018 MSA Infrastructure Improvements - New Hope City Project No. 999" as prepared by the City of New Hope (the "Scope of Work"); and WHEREAS, New Hope has prepared a post bid cost estimate for the Project which estimate shows the total project cost to Crystal, including indirect costs, as detailed in Exhibit A, attached hereto and made a part hereof. The Crystal project cost estimate share includes One Hundred Twenty -Seven Thousand, One Hundred and Ninety -Four Dollars and Fourteen Cents ($127,194.14) in total project bid costs for the parts of the Project that lie within the limits of Crystal; and WHEREAS, Crystal has reviewed and approved the Scope of Work and agreed to pay the cost of the work within the limits of the City of Crystal; and WHEREAS, New Hope has agreed to pay the cost of the work within the limits of New Hope and to administer and supervise the Work; NOW, THEREFORE, IT IS HEREBY AGREED: I. Design and Bidding New Hope has worked with the Consulting Engineer to develop the plans and specifications for the Work. The plans and specifications, as they may be amended from time to time, are incorporated in and made part of this Agreement. New Hope has advertised for bids for the Project, has received and opened bids pursuant to said advertisement and has entered into or will enter into one or more contracts with the successful bidder at the unit prices specified in the bid of such bidder, all according to the procedures set forth in Minn. Stat. Chapter 429. The contract will include the plans and specifications prepared by New Hope and/or its agents for the Project, which plans and specifications, as the same may be amended from time to time, are by this reference made a part of this Agreement. New Hope shall require the Contractor to name Crystal as an additional insured on its commercial general liability insurance policy. II. Project Administration New Hope shall administer all aspects of the Project and shall inspect all completed work. The City Engineer of Crystal shall cooperate with the New Hope City Engineer and the New Hope City Engineer's staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the Work. III. Additional Work New Hope may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. New Hope may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the contractor(s) for the performance of any and all additional or new work it deems necessary, advantageous or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, New Hope shall not make the change unless it is first approved by the City Engineer of Crystal. IV. Construction Easements Crystal shall grant temporary construction easements to New Hope, at no cost to New Hope, over those lands owned by Crystal that are a part of the right-of-way required for the completion of the Work. V. Apportionment of Cost The total cost of the Work (the "Final Cost") shall be apportioned based on which City the Work occurred in. The Cities understand and agree that the New Hope City Engineer's post bid project cost estimate as set forth in Exhibit A of this Agreement is a post bid estimate. The Final Cost shall be based on the unit prices set forth in the contract with the Contractor and the final quantities as measured by the New Hope City Engineer, which measurements shall govern in computing the Final Cost. The Final Cost does not include any costs associated with staff time or expenses incurred by either City. Project costs to be apportioned between the Cities pursuant to this Agreement shall include a fee of 20% of Crystal's costs for construction, said fee to compensate New Hope for a portion of its legal, engineering, and administrative costs relating to the Project as set forth in Exhibit A of this Agreement VI. Payment Upon acceptance of the bid(s), New Hope shall provide Crystal an estimated construction cost based upon the contract prices and estimated quantities in the successful bid and all other costs required to complete the Work (the "Estimated Cost") Within sixty (60) days after acceptance of the bid Crystal shall deposit with the New Hope Director of Finance ninety percent (90%) of Crystal's share of the Estimated Cost. All remaining amounts due from Crystal, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to New Hope within 60 days of final completion of -the Work. Upon completion of the Work, New Hope shall submit to Crystal a copy of the New Hope City Engineer's final cost report, which shall show each City's final share of the Final Cost. Upon payment by New Hope of the final amount due to the Contractor, any amount payed by Crystal above its agreed upon share of the Final Cost shall be returned to Crystal. VII. Record Drawings New Hope shall provide record drawings to Crystal within 90 days of New Hope's final payment to the Contractor(s). All records kept by either City with respect to this Agreement shall, except to the extent protected by attorney client privilege, be subject to examination by the representatives of the other City. Vill. Traffic Control If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. New Hope shall ensure that the Contractor furnishes, installs, and maintains all guide signs, regulatory signs, and pavement markings. New Hope shall not be responsible for any damage caused by increased traffic on any municipal streets located in Crystal that arise out of or relate to the Work. IX. Cooperative Activity To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a "cooperative activity," and it is the intent of the Cities that they shall be deemed a "single governmental unit" for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. la. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subd. la, each City expressly declines responsibility for the acts or omissions of the other City. X. Insurance & Indemnity The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. The liability limitations established in Minnesota Statutes, section 466.04 shall apply to undertakings pursuant to this Agreement. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney's fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. XI. Employees; Worker's Compensation Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall in no way be the obligation or responsibility of the other City. XII. Discrimination The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE CITY OF CRYSTAL I By: e ��) By: _C22L Kathi Hernken Jim dams Its: Mayor %��By: 6By: Kirk McDonald Its: Mayor A he Norris Its: Manager Its: Manager Exhibit A 2018 MSA INFRASTRUCTURE IMPROVEMENTS STATEMENT OF ESTIMATED QUANTITIES UNIT UNIT (AS BID) TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 SA.P 182-106-012 S.AP. 116•)J3Y014 NONPARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH CITY OF NEW HOPE NO. ITEM QUANTITY EST. COST ROADWAY EST COST ROADWAY EST.COST ROADWAY EST COST STORM STORM COST 1 MOBILIZATION LS $15.000 00 1 $ 15,000 00 068 $ 10,140 85 022 $ 3,29451 010 $ 1,564,85 2 CLEARING TREE $515.00 1 S 515.00 1 $ 51500 3 GRUBBING TREE $515-00 1 S 515.00 1 $ 51500 4 REMOVE CURB & GUTTER LF $7 00 1525 S 10,675X0 1300 $ 9,10000 100 $ 70000 1125 S 87600 5 REMOVE SEWER PIPE (STORM) LF $15-00 44 $ 660X0 44 $660 00 6 REMOVE MH OR CATCH BASIN EACH $425 00 1 $ 425X0 1 $425.00 7 REMOVE BITUMINOUS WALK SF $300 78 $ 234.00 78 $ 23400 8 REMOVE CONCRETE DRIVEWAY PAVEMENT SF $2 00 370 $ 74000 370 $ 74000 9 REMOVE BITUMINOUS PAVEMENT BY $4.20 3560 $ 14,952 00 1582 $ 6.04440 928 $ 3,89760 1,050 $ 4,41000 10 'REMOVE CONCRETE WALK SY $850 211 $ 1,79350 114 $ 96900 97 $ 82450 11 REMOVE CASTING EACH $190,00 25 $ 4,750.00 25 $ 4,75000 12 REMOVE LOOP DETECTOR EACH $103.00 33 $ 3,39900 13 $ 1.33900 10 $ 1,03000 10 $ 1,03000 13 SAWING BITUMINOUS PAVEMENT LF 53-50 530 $ 1,855.00 180 S 03000 175 $ 61250 175 $ 61250 14 SALVAGE SIGN EACH $36.00 36 $ 1,29600 36 $ 1 29600 15 COMMON EXCAVATION CY $18.00 650 $ 11.700 00 300 $ 5.400.00 150 $ 2,70000 200 $ 3,600 DO 16 SUBGRADE EXCAVATION CY $20.00 286 $ 5,720.00 216 $ 4.320,00 45 $ 900,00 25 S 50000 17 GEOTEXTILE FABRIC TYPE V BY $1-50 1050 S 1,575-00 1050 $ 1,675.00 18 STREET SWEEPER(WITH PICKUP BROOM) HR $15000 25 S 3,750.00 15 $ 2,26000 5 $ 75000 5 $ 75000 19 AGGREGATE BASE CLASS 5 TON $20 00 796 $ 15,920.00 670 $ 13.400 00 81 $ 1,62000 45 $ 900 00 20 81TUMINOUS PATCHING MIXTURE TON $7700 473 $ 36,421.00 285 $ 21,94500 125 $ 9,62500 63 $ 4,051,00 21 MILL BITUMINOUS SURFACE (2.0") BY $0 67 54318 $ 36,393 06 43050 S 28,843 50 7561 $ 5,06587 3707 S 2,48369 22 BITUMINOUS MATERIAL FOR TACK COAT GAL $1 50 3015 $ 4,52250 2155 S 3,23250 610 $ 01500 250 $ 37500 23 TYPE SP 9.5 WEARING COURSE MIXTURE(4,E) TON $6365 6496 $ 413,47040 4736 $ 301,44040 1130 $ 71.92460 630 $ 40.09950 24 TYPE SP 9-5 WEARING COURSE MIXTURE (2,B) TON $76 00 140 $ 10,640-00 140 $ 10,640 00 25 TYPE SP 12 5 NON WEARING COURSE MIXTURE (4,B) TON $59 10 725 $ 42,847 50 50 S 2,95500 300 $ 17.730 00 375 $ 22.162 50 26 4" PERF PVC PIPE DRAIN LF $19 00 90 $ 1,71000 90 51,710 00 27 21" RC PIPE SEWER CLASS V LF $84,00 44 j S 3,696 00 44 $3,696 00 28 VALVE BOX EACH $275.00 11 $ 3,025-00 7 $ 1 92500 4 $ 1.10000 29 ADJUST VALVE BOX EACH $365.00 3 $ 1,095.00 2 $ 73000 1 S 36500 30 CONSTRUCT RISER LF $850.00 7-5 $ 4,875.00 75 S 4,87600 31 INSTALL CASTING EACH $650.00 26 $ 16,900-00 26 $ 16,90000 32 INSTALL CATCH BASIN EACH $2.80000 1 $ 2,800.00 1 82,800.00 33 CONNECT TO EXISTING STRUCTURE EACH 590000 6 S 5,400.00 6 $5.400-00 34 CONNECT TO EXISTING STORM SEWER EACH $90000 1 $ 90000 1 $ 90000 35 4" CONCRETE WALK SF 5520 1375 $ 7.15000 500 $ 2.60000 675 S 4,55000 36 6" CONCRETE WALK SF $9.00 730 $ 6,57000 730 $ 6.57000 37 CONCRETE CURB AND GUTTER LF $20.60 1525 $ 31,415 00 1300 $ 20,780,00 100 $ 2,06000 12500 $ 257500 38 7" CONCRETE DRIVEWAY PAVEMENT BY $5975 345 $ 20,61375 345 S 2.,.1375 39 TRUNCATED DOMES SF $57W 132 $ 7,52400 132 $ 7,52400 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 1 2018 MSA INFRASTRUCTURE IMPROVEMENTS STATEMENT OF ESTIMATED QUANTITIES UNIT UNIT COST (AS BID) TOTAL PROJECT QUANTITIES S-A-P. 182-101-019 SA.P. 182-106-012 S.A.P.116.313-014 NONPARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL : 36TH AVENUE NORTH CITY OF NEW HOPE NO. ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 40 RIGID PVC LOOP DETECTOR 6'X 6' EACH $1,20000 5 $ 6,00000 5 $ 0,000.00 41 TRAFFIC CONTROL LS $5,20000 1 $ 5,20000 060 $ 3,096 B9 027 $ 142591 013 E 67720 42 DETOUR SIGNING LS $2,00000 1 $ 2,60000 0.50 $ 130000 050 $ 1.30000 43 SIGN PANELS TYPE C SF $41.20 350 $ 14,420 00 350 S 14,420 00 44 REVISE SIGNAL SYSTEM SYS $42,00000 1 $ 42,00000 1 $ 42,000.00 45 STORM DRAIN INLET PROTECTION EACH $125 00 21 $ 2.62500 12 $ 1150000 5 $ 62500 4 $ 50000 46 LOAM TOPSOIL BORROW CY $49.00 220 $ 10,700 00 205 $ 10 045 00 10 $ 490,00 5 S 245,00 47 SEED MIXTURE 25-151 LB $480 60 $ 28800 50 S 24000 5 S 2400 5 IS 2400 48 EROSION CONTROL BLANKETS CATEGORY 0 BY $1.50 1255 $ 1,882.50 1190 $ 1,785 00 35 $ 5250 30 $ 4500 49 PAVEMENT MESSAGE EPDXY SF $0.90 680 $ 4,69200 180 S 1.24200 500 S 3,450.00 50 PAVEMENT MESSAGE PAINT SF $615 4630 $ 28,47450 4630 $ 28,47450 51 4" SOLID LINE EPDXY LF $030 9031 $ 2,70930 3543 $ 1,062,90 5468 $ 1,64640 52 4" SOLID LINE PAINT LF $020 24450 $ 4,89000 24450 $ 4,89000 53 4" BROKEN LINE EPDXY LF $0 30 1900 $ 57000 884 $ 26520 1016 $ 304.80 54 4" BROKEN LINE PAINT LF $020 7450 $ 1,49000 7450 $ 1.490,00 55 4" DOUBLE SOLID LINE EPDXY LF $0 55 6610 $ 4.73550 3313 $ 1.822 15 5297 S 2,9'13 36 56 4" DOUBLE SOLID LINE PAINT LF $0.40 2600 $ 1,040.00 2600 $ 1,040.00 57 12" SOLID LINE EPDXY LF SS-30 230 $ 1,219.00 160 S 84800 70 $ 37100 58 4"SOLID LINE EPDXY LF $&00 106 $ 848-00 46 S 36800 60 $ 48000 59 4" SOLID LINE PAINT LF $575 104 $ 598-00 104 S 59800 60 CROSSWALKEPDXY SF $500 775 $ 3,875.00 400 S 2,00000 375 $ 1.87500 61 CROSSWALK PAINT SF $400 1475 $ 5,900.00 1475 S 590000 BASE BID TOTALS UNIT UNIT COST $ 900,279.51 TOTAL PROJECT QUANTITIES S 643,777.78 9A8. 1881Bs-019 $ 135,815 64 SAP 182-106-012 $ 10S,995.09 SA.P-116-313-014 $14.691.00 NONPARTICIPATING STATEMENT OF ESTIMATED QUANTITIES NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH CITY OF NEW HOPE NO. REM QUANTITY EST. COST ROADWAY ES7.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT 62 MOBILIZATION LS $1,200 00 1 $ 1,200 00 1 $ 1,200 00 63 REMOVE CURB & GUTTER LF $7 00 90 $ 63000 90 $ 63000 64 REMOVE BITUMINOUS PAVEMENT BY $1400 75 $ 1,05000 75 $ 1,05000 65 REMOVE CONCRETE WALK BY $12 00 30 $ 360 00 30 $ 36000 66 SAWING BITUMINOUS PAVEMENT LF $250 150 $ 375.00 150 $ 37500 67 GEOTEXTILE FABRIC TYPE V BY $2 50 30 $ 7500 30 $ 75 00 68 AGGREGATE BASE CLASS 5 TON $45 00 10 $ 450.00 10 $ 45000 69 BITUMINOUS PATCHING MIXTURE TON $170.00 20 3 3,400.00 20 $ 3,40000 70 6" CONCRETE WALK SF $9.00 270 $ 2,43000 270 $ 2,43000 71 CONCRETE CURB AND GUTTER LF $21-00 100 $ 2,100 00 100 $ 2,100.00 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 2 2018 MSA INFRASTRUCTURE IMPROVEMENTS STATEMENT OF ESTIMATED QUANTITIES UNIT UNITCOST (AS BID) TOTAL PROJECT QUANTITIES $AP-15y101.019 S.A.P. 182-106-012 SA.P. 116-313-014 NONPARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL :36TH AVENUE NORTH CITY OF NEW HOPE NO. ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 72 TRUNCATED DOMES SF $5700 64 $ 3,64800 64 $ 3,64800 73 TRAFFIC CONTROL LS S515 00 1 S 515.00 1 $ 51500 74 LOAM TOPSOIL BORROW CY $49.00 20 S 980 00 20 $ 980,00�- 75 SEED MIXTURE 25-151 LB $4 80 5 S 2400 5 $ 2400 i CONTROL BLANKETS CATEGORY 0 SY $150 95 $ 14250 95 $ 14250 ftEROSION SSWALKPAINT SF $900 204 $ 1.836.00 204 $ 1,83600ERNATE NO. 1 TOTAL $ 19,215.50 TOTAL PROJECT QUANTITIES $ 19,215.50 sAF.162-ta1a19 SA.P. 162-106-012 S.A.P. 116-313-014 NONPARTICIPATING STATEMENT OF ESTIMATED QUANTITIES UNIT UNIT COST NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH CITY OF NEW HOPE NO. ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST ALTERNATE NO. 2: 34TH AVENUE PEDESTRIAN BUMP OUT 78 MOBILIZATION LS $1,200-00 $ 1,20000 1 $ 1,20000 79 REMOVE CURB B GUTTER LF $7.00 220 S 1,540-00 220 $ 1,64000 80 REMOVE BITUMINOUS WALK SF $1 00 485 $ 48500 485 $ 48500 81 REMOVE BITUMINOUS PAVEMENT SY $9.00 160 $ 1,440.00 160 $ 1.44000 82 REMOVE CONCRETE WALK BY $11.00 105 $ 1,155.00 105 $ 1,15500 83 REMOVE CASTING EACH $19000 1 $ 190.00 1 $ 19000 86 GEOTEXTILE FABRIC TYPE V BY $250 70 $ 175.00 70 S 175,00 89 BITUMINOUS MATERIAL FOR TACK COAT GAL $1 50 6 $ 900 6 $ 900 90 TYPE SP 95 WEARING COURSE MIXTURE (4,E) TON $65.00 56 $ 3,64000 56 $ 3,640.00 84 SAWING BITUMINOUS PAVEMENT LF $350 300 $ 1,05000 300 $ 1,050.00 85 REMOVE MANHOLE OR CATCH BASIN EACH $425 00 1 $ 42500 1 $ 42500 67 AGGREGATE BASE CLASS 5 TON $45.00 20 $ 900.00 20 $ 900,00 88 BITUMINOUS PATCHING MIXTURE TON $17000 35 $ 5,95000 35 $ 5,95000 91 INSTALL CASTING EACH $72500 1 $ 725.00 1 $ 72500 92 INSTALL CATCH BASIN EACH $2,60000 1 $ 2,60000 1 $ 2,600.00 93 4' CONCRETE WALK SF $5 00 225 $ 1.12500 225 $ 1.125.00 94 6" CONCRETE WALK SF $9 00 700 $ 6,300.00 700 $ 6.30000 95 7" CONCRETE DRIVEWAY PAVEMENT S Y $0000 215 $ 12,900 00 215 $ 12.900 00 96 CONCRETE CURB AND GUTTER L F $21 00 230 $ 4,830-00 230 $ 4,830 00 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 3 2018 MSA INFRASTRUCTURE IMPROVEMENTS STATEMENT OF ESTIMATED QUANTITIES UNIT UCOST (AS BID) TOTAL PROJECT QUANTITIES SA P. 182-101-019 SA.P. 182-106-012 S.AP. 11"15014 NONPARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH Crrr OF NEW HOPE NO- REM QUANTITY EST COST ROADWAY EST.COST ROADWAY EST -COST ROADWAY EST.COST STORM STORM COST 97 TRUNCATED DOMES SF $57.00 120 $ 6,84000 120 $ 684 00 $ 51600 96 TRAFFIC CONTROL LS $515 00 1 $ 51500 1 99 LOAM TOPSOIL BORROW Cy $49.00 115 $ 5,63500 115 $ 5,63500 100 SEED MIXTURE 25-151 LB $460 30 S 144-00 30 $ 14400 101 EROSION CONTROL BLANKETS CATEGORY 0 Sy $150 670 $ 1,005.00 070 $ 1,00500 102 CROSSWALKPAINT SF $900 552 S 4,96800 552 S 4.96800 TERHATE NO.2 TOTAL $ 65,746.00 $ 65,746 00 STATEMENT OF ESTIMATED QUANTITIES UNIT UNIT COST TOTAL PROJECT QUANTITIES SAP. 182A01419 SA.P-182-106-012 S.A.P. 11C.313-014 NONPARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH CITY OF NEW HOPE NO. ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST COST ROADWAY EST.COST STORM STORM COST Al TFRNATF NO. l- 2ATH AVENUE PEDESTRIAN RUMP OUT 103 MOBILIZATION LS $1,200 00 1 $ 1.2000 1 $ 1,200 00 104 REMOVE CURB &GUTTER LF $700 100 $ 70000 100 $ 700,00 105 REMOVE SEWER PIPE (STORM) L F $15.00 13 $ 19500 13 $ 19500 106 REMOVE BITUMINOUS PAVEMENT SY $900 60 $ 54000 60 S 540,00 107 REMOVE CONCRETE WALK Sy $11.00 30 $ 33000 30 $ 33000 108 REMOVE CASTING EACH $190 00 1 $ 190.00 1 $ 19000 109 REMOVE MANHOLE OR CATCH BASIN EACH $425-00 1 $ 42500 1 $ 42500 110 SAWING BITUMINOUS PAVEMENT LF $350 140 $ 490.00 140 $ 49000 111 GEOTEXTILE FABRIC TYPE V S Y $2 50 30 $ 7500 30 $ 7500 112 AGGREGATE BASE CLASS 5 TON $45.00 10 $ 45000 10 $ 45000 113 BITUMINOUS PATCHING MIXTURE TON $170 00 15 $ 2,550.00 15 $ 2,55000 114 12" RC PIPE SEWER DES 3006 CL V L F $56.00 46 $ 2.57600 46 $ 2,57600 115 CONNECT TO EXISTING STORM SEWER EACH $900 00 1 $ 90000 1 $ 90000 116 INSTALL CASTING EACH $725 00 1 $ 725.00 1 $ 72500 117 INSTALL CATCH BASIN EACH S2,600.00 2 $ 5,200.00 2 S 5.20000 118 iNSTALL MANHOLE EACH $3,200.00 1 $ 3,200.00 1 $ 3,20000 119 W CONCRETE WALK S F $5 00 180 $ 900.00 180 $ 90000 120 CONCRETE CURB AND GUTTER L F $21.00 110 $ 2,310.00 110 S 2,31000 121 TRUNCATED DOMES S F $57.00 44 $ 2,508,00 44 $ 2,50800 122 TRAFFIC CONTROL LS $515 00 1 $ 515,00 1 $ 51500 123 LOAM TOPSOIL BORROW C Y $49.00 20 S 980-00 20 $ 96000 124 SEED MIXTURE 25-151 LB $460 5 $ 24.00 5 $ 24,00 125 EROSION CONTROL BLANKETS CATEGORY 0 S Y $1 50 100 $ 15000 100 $ 150,00 126 CROSSWALKPAINT SF $900 204 $ 1,836-00 204 S 1.63600 ALTERNATE NO, 3 TOTAL $ 28,969.00 $ 28,969 00 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 4 S.A.P. 182-101-019 S.A.P. 182-106-012 S.A.P. 116,313-014 NON PARTICIPATING NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH CITY OF NEW HOPE PROJECT COST SUMMARY TOTAL NEW HOPE MSA CITY OF CRYSTAL NEW HOPE: STORM FUND S.A.P. 182-101-019 - BOONE AVENUE MILL AND OVERLAY $643.777.78 $643,777 78 S.A.P. 182-106-012- 36TH AVENUE MILL AND OVERLAY $135,815.64 $135.815.64 S.A.P. 116-313-014 - CITY OF CRYSTAL 36TH AVE MILL AND OVERLAY $105.995.09 $105.995.09 NON PARTICIPATING: CITY OF NEW HOPE STORM FUND $14.691.00 $14,691.00 TOTAL BASE BID CONSTRUCTION COST $900,279.51 $643,777.78 $135,815.64 $105,995.09 $14,691.00 ALTERNATE 1: BOONE CIRCLE PEDESTRIAN BUMP OUT $19.215.50 $19.215.50 ALTERNATE 2: 34TH AVENUE PEDESTRIAN BUMP OUT $65.746.00 $65.746.00 ALTERNATE 3: 28TH AVENUE PEDESTRIAN BUMP OUT $28,969.00 $28.969.00 TOTAL CONSTRUCTION COST FOR ALTERNATES 1, 2,3 $113,930.50 $113,930.50 $0.00 $0.00 $0.00 TOTAL BASE BID AND ALL ALTERNATES CONSTRUCTION COST $1,014,210.01 $757.708.28 $135,815.64 $105.995.09 $14,691.00 TOTAL CONSTRUCTION COST BY FUNDING SOURCE $893,523.92 $105,995.09 $14,691.00 INDIRECT(20%) $202,842.00 $178.704.78 $21,199.02 $2,938.20 TOTAL PROJECT COST (INCL. INDIRECT AND ALL ALTERNATES) $1.217,052.01 $1,072,228.70 $127,194.11 $17,629.20 City Project#: 999 2018 MSA Infrastructure Improvements Project Page 5 Project Manual For 2018 MSA Infrastructure Improvements CoN°rR14c' T)Oct�%etfrs Prepared for: City of New Hope, Minnesota City Project No. 999 (3 Stantec February 2018 Stantec Project No. 193803898 DOCUMENT 00 91 13 ADDENDUM 1 2018 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 999 PROJECT NO. 193803898 NEW HOPE, MINNESOTA February 23, 2018 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4725 - Ann Dienhart, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy_.white@stai7tec.com as soon as you receive it. Company Name Date © 2018 Stantec 1 193803898 ADDENDUM 1 0091 13- 1 SECTION 00 73 05 - SUPPLEMENTARY CONDITIONS 1. Page 00 73 05 - 3. Add the following after Paragraph SC-5.04.C.5.b: c. City of Crystal. DRAWING G0.01 1. Delete Drawing in its entirety and replace with the attached Drawing G0.01 R. Signatures have been added. DRAWING C8.03 1. Road Bed Reconstruction at CB Crossing - Shallow Detail: Remove reference to 27" RCP and replace with 21" RCP. Existing Pipe to be removed and proposed pipe for Road Bed Reconstruction at CB Crossing (Boone Avenue Station 32+00) are both 21 " RCP. Bottom left note wrongly calls out 27" RCP. LIST OF ATTACHMENTS 1. Drawing G0.01 R. END OF DOCUMENT ADDENDUM 1 © 2018 Stantec 1 193803898 0091 13 - 2 DOCUMENT 00 91 13 ADDENDUM 1 2018 MSA INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 999 PROJECT NO. 193803898 NEW HOPE, MINNESOTA February 23, 2018 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 -General Office (651) 604-4725 - Ann Dienhart, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at oath .whi e0stantec com as soon as you receive it. Va I I fi y'ATOG ompany N me 02018 Stantec 1 193803898 I� Date ADDENDUM 1 0091 13-1 DESIGN DESIGNATION BOONE AVENUE NORTH STA. 0+26 TO STA. 94+50 FUNCTIONAL CLASSIFICATION MAJOR COLLECTOR 7N-LB 880,000 Na. & WIDTH OF TRAFFIC LANES 2 & 12 - 15 FT OF PARKING LANES 1 & 8 - 10 FT VWIDTH PRESENT YEAR)2018 5,500 AOT(FUTURE YEAR)2038 8,470 HCADT (FUTURE YEAR) 2038 NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN DESIGNATION 36TH AVENUE NORTH STA. 2+00 TO STA. 30+65 FUNCTIONAL CLASSIFICATION MAJOR COLLECTOR EN•18 300,000 No. & WIDTH OF TRAFFIC LANES 2 & 12 FT No. & WIDTH OF PARKING LANES 0 ADT (PRESENT YEAR)2018 L4,600 ADT (FUTURE YEAR) 2038 17,700 HCADT (FUTURE YEAR) 2036 NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN DESIGNATION 36TH AVENUE NORTH STA, 30+65 TO STA 57+03 FUNCTIONAL CLASSIFICATION MAJOR COLLECTOR XR-is 300,000 No. & WIDTH OF TRAFFIC LANES 2 & 12 FT No. & WIDTH OF PARKING LANES 0 ADT (PRESENT YEAR)2018 14,600 ADT (FUTURE YEAR) 2038 17,700 HCADT (FUTURE YEAR) 203E NA DESIGN SPEED 30 MPH DESIGN LOAD 10 TN DESIGN SPEEDS BASED ON STOPPING SIGHT DISTANCE: HEIGHT OF EYE = 3.5 FT (ROAD)14.5 FT (TRAIL) HEIGHT OF OBJECT = 2.0 FT (ROAD)/0.0 FT (TRAIL) DESIGN DESIGNATION BOONE AVENUE TRAIL STA. 86+85 TO STA. 94+30 FUNCTIONAL CLASSIFICATION MULTI -USE TRAIL No. & WIDTH OFTRAIL 1 & 10 FT DESIGN SPEED 20 MPH MINNESOTA DEPARTMENT OF TRANSPI CITY OF NEW HOPE CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOI 2018 MSA INFRASTRUCTURE IMPROVEMI CITY PROJECT NO. 999 CONSTRUCTION PLAN FOR: BITUMINOUS PAVEMENT REMOVAL, PLANT MIXED BITUMINOUS PAVEMENT, REPLAi REPLACEMENT OF CONCRETE PEDESTRIAN CURB RAMPS, CONCRETE SIDEWALK RE LOCATED ON BOONE AVENUE NORTH (S.A.P. 182-101-019) FROM 42ND AV LOCATED ON 36TH AVENUE NORTH (S.A.P. 182-106-012) FROM 300 FT N LOCATED ON 36TH AVENUE NORTH (S.A.P. 116-313-014) FROM WINNETI lit"AVt N CITY HALL BID SUE 16nJAv�rr BEGIN PROJECT: a� SAP 182-L01-019 a. w 45TH AVEN STA•0+26" • - � 4INp AVLln1E le]R17� (CSAH9} BOONE AVENUE NORTH (SAP 182-101-019) GROSS LENGTH 9,409 FED 1 78 MILES BRIDGE LENGTH 0 FEET 0 MILES EXCEPTION LENGTH 0 FEET 0.00 MILES NET LENGTH 9,409 FEET 1.7B MILES LENGTH AND DESCRIPTION BASED UPON EXISTING BOONE AVENUE CENTERLINE 36TH AVENUE NORTH (SAP 182-106-012) GROSS LENGTH 2.y FEET 0.52 MILES BRIDGE LENGTH 0 FEET MILES EXCEPTION LENGTH 70 FEET 0.01 MILES NET LENGTH _ _ 2,658 FEET 0.50 MILES LENGTH AND DESCRIPTION BASED UPON EXISTING 36TH AVENUE CENTERLINE 36TH AVENUE NORTH (SAP 116-313-014) GROSS LENGTH 5r163 FEET __ 0.98 MILES BRIDGE LENGTH _ 0 FEET 0 MILES EXCEPTION LENGTH 0 FEET 0 MILES NET LENGTH 5,163 FEET _ 0,98 MILES LENGTH AND DESCRIPTION BASED UPON EXISTING 36TH AVENUE CENTERLINE x BEGIN PROJECT: SAP 182-[06.0Q sTA. 7.+00 3�n+ Aveyue '}7PiH BEGIN PROACT: SAS' 116 313-0I4 STA 5#10 l� r k k Y 7;V6 AVFYUf VO[R5 i E14D PR07ECI': SAP A2401+019 Syx 9+35 ix 2 u START O(CEP71C 5AP 18Y-106-II STA. 4+ LA%C k%O (CISM M) BID SITE: CITY HALL, 4401 XYLON AVENUE NOR SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Resfor Division SS. ponsibl (I— JeffeVD. Preston, P.E. Date: February 15, 2018 License # 41964 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. Responsible for all other Divisions. Kc-'� lv�' . S Kellie M. Schlegel, P.E. Date: February 15, 2018 License # 46200 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2017 Stantec 1 193803898 0001 05 - 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions 00 73 40.1 Notice to All Bidders - Bid Rigging 00 73 40.2 Notice to Bidders - Suspensions/Debarments 00 73 40.3 State Funded Construction Contracts - Special Provisions Division A - Labor 00 73 40.4 Notice to Bidders - Prompt Payment to Subcontractors 00 73 40.5 Prevailing Wages for State Funded Construction Projects 00 73 40.6 Notice of Certification of Truck Rental Rates 00 73 40.7 Non -Collusion Affidavit 00 73 40.8 2018 SALT Schedule of Materials Control 00 73 40.9 Equal Opportunity (EEO) Special Provisions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition TABLE OF CONTENTS © 2018 Stantec 1 193803898 0001 10- 1 SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 31 2313 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 12 02 Flexible Paving (State Aid Projects) 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Curbs and Gutters 32 1723 Pavement Markings 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 10 00 Water Utilities 33 39 00 Sanitary Utility Sewer Structures 33 40 00 Storm Sewer Drainage Utilities 33 46 00 Subdrainage Division 34 - Transportation 3441 05 Traffic Signs and Devices Division SS - Signal Revision END OF SECTION TABLE OF CONTENTS © 2018 Stantec 1 193803898 0001 10 - 2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CST, Tuesday, February 27, 2018, 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: 2018 M5A_.Infrastructure Improvements Project - City Project No. 999 In general, Work consists of a 2" Mill and Overlay rehabilitation and full depth reclamation including spot replacements of sanitary sewer castings and frames, and street improvements. This Project includes 3 alternates which are pedestrian bump -out improvements at specific crossings along Boone Avenue: Alt. 1 is located at Boone Circle, Alt. 2 is located at 34t" Avenue and Alt. 3 is located at 28tn Avenue. The Project consists of the following approximate quantities for the Base Bid: 1,400 LF Remove and Replace Curb & Gutter 54,000 SY Remove Bituminous Pavement (2" Mill) 2,000 SF Remove and Replace Concrete Walk 26 EA Remove and Replace Casting 1,600 SY Full Depth Reclamation 7,300 TN Bituminous Pavement 55 SY 7" Concrete Driveway Pavement 120 SF Truncated Domes 4 EA Install Loop Detectors 1 SYS Signal Revision (Upgrade to Camera Detection) 330 SF Sign Panels - Type C 220 CY Boulevard Topsoil 680 SF Epoxy Pavement Message 4,630 SF Paint Pavement Message The Project consists of the following approximate quantities for the Alternates: 370 SY Remove Bituminous Pavement 30 LF RCP Storm Sewer Pipe 4 EA Storm Sewer Structure 450 LF Remove and Replace Concrete Curb and Gutter 485 SF Remove Bituminous Walk 130 SY Mill Bituminous Surface 1,620 SF Concrete Walk 130 SF Truncated Domes 120 CY Boulevard Topsoil Borrow 850 SY Blanket and Seed 40 TN Class 5 Aggregate Base 125 TN Bituminous Pavement Along with miscellaneous utility improvements, removals, restoration, signing, striping and correlated appurtenances. Complete digital Bidding Documents are available at www.auestcdn.com for $20 by inputting QuestCDN eBidDoc #5521029 on the website's Project Search page. Paper Bidding Documents may ADVERTISEMENT FOR BIDS © 2018 Stantec 1193803898 00 1 1 13 - 1 also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (651) 604-4725. 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 END OF SECTION ADVERTISEMENT FOR BIDS © 2017 Stantec 1 193803898 0011 13 - 2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 1 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder: information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination -of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 3 determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and 'discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLES - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 4 believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 5 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or INSTRUCTIONS TO BIDDERS 0 2018 Stantec 1 193803898 0021 13 - 6 deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193803898 0021 13 - 7 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the some 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, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1193803898 0021 13 - 8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS © 2018 Stantec 1193803898 0021 13 - 9 This Page Leff Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated July 18, 2017, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled "Report of Geotechnical and Pavement Engineering Services: 2018 Street Improvements - New Hope, Minnesota." PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2018 Stantec 1 193803898 0031 00- 1 This Page Left Blank Intentionally AMERICAN ENCINEERlhO Rs'i'«c, INC. CONSULTANTS ENVIRONMENTAL • GEC) T ECHNICAL • MATERIALS • FORENSICS www.amengtest.com REPORT OF GEOTECHNICAL AND PAVEMENT ENGINEERING SERVICES 2018 Street Improvements Boone Ave. N. and 3011 Ave. N New Hope, Minnesota AET Report No, 28-01174 Date: July 18, 2017 Prepared for: City of New Hope Mr. Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 LJ 1mERICAN ENGINEERING VESTING, INC. July 18, 2017 City of New Hope Mr. Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Report of Geoteclznical and Pavement Engineering Services 2018 MSA Street Improvements Boone Ave. N. and 361h Ave N. New Hope, Minnesota AET Report No. 28-01274 Dear Mr. Weber: CONSULTANTS ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our pavement engineering services for the referenced project in New Hope, Minnesota. These services were performed according to our proposal to you dated June 12, 2017 and authorized on June 13, 2017. We are submitting this email copy of the report to you. An email copy along with digital content is also being sent to Arm Dienhart of Stantec. Paper copies are available upon request. Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services. Sincerely, American Engineering Testing, Inc. Melanie Fiegen, P.E. Senior Pavement Engineer (651) 603-6618 mfle en amen est.com W- 554 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-9001 1 Toll Free 800-972-6364 Fax 651-659-1379 1 www.amengtest.com ( AA/EEO 4M This document shall' not be reprodljrkcl, except in full, wit€lout viritten approval from American Engineering Testi€3g, bic. to. Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets July 18, 2017 AET Report No. 28-01174 SIGNATURE PAGE Prepared for: City of New Hope 5500 International Parkway New Hope, MN 55428 Attn: Mr. Bernie Weber Director of Public Works Report, Authored By: Melanie Fiegen, P,E. Senior Pavement Engineer I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Date: July 18, 2017 License #: 16711 Copyright 2017 American Engineering Testing, Inc. All Rights Reserved Prepared by: AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659-9001/www.amengtest.com Peer Review Conducted By: 410�-'� Chunhua Han, Ph.D., P.E. Principal Engineer, Geotechnical Division Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project: Page ii Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets AMERICAN July 18, 2017 ENGINEERING AET Report No. 28-01174 TESTING, INC. 3.0 PROJECT INFORMATION The project consists of rehabilitation of Boone Avenue North between 42"d Avenue North on the north and Medicine Lake Drive on the south, and 361h Avenue North between 500 feet west of Winnetka Avenue North on the west and Maryland Avenue North on the east. You also plan work on 36th Avenue North at the intersection with Jordan Avenue North. We understand the preferred rehabilitation method is mill and overlay and existing grades should be maintained. The tested roadways are illustrated in Figures IA1, 1A2, I and 1C. The above stated information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether modifications to our recommendations are appropriate. 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING 4.1 Pavement Thickness Testing 4.1.1 GPR testing The pavement thickness testing program conducted for the project consisted of a high speed (air coupled) GPR antenna collecting the pavement thickness data at one scan per foot. The data was collected using a 2 GHz antenna, which allows material layer measurements at depths of 18 to 24 inches with a resolution less than about %-inch. The test data and details of the methods used appear in Appendix A. The GPR data was collected on October 17 and 18, 2014. Scans of the pavement were collected according to SIR-20 processor settings established by GSSI RoadScan system, approximately in the middle of the traveling lane and in two directions of travel. A calibration file, required for data post -processing, was collected prior to testing. Page 2 of 7 Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets AMERICAN July 18, 2017 ENGINEERING AET Report No. 28-01174 TESTING, INC. The GPR interface identification was accomplished using RADAN 7.0, a proprietary software package included with the GSSI RoadScan system. The software includes tools to aid in delineating pavement layer transitions and automatically calculates the layer depths from the pavement surface using the calibration file(s) collected prior to testing. The identified layer was also compared to the boring data to validate the accuracy of the layer thicknesses. The total depth of pavement is not always explicitly clear. Where gaps in clear identification of pavement and base layer thicknesses are encountered, they are shown on the summaries. Factors influencing definition of radar scans include ambient electromagnetic interference, the presence of moisture, the presence of voids, and the similarity of material layer type between layers (gravel vs. gravelly sand). 4.1.2 Pavement Coring After a preliminary review of the GPR data, several locations were chosen which would augment the GPR data and further characterize the pavement condition. At the locations shown in the attached Figure 1, we obtained 8 four -inch diameter cores with a diamond bit coring machine. The cores were returned to the laboratory for thickness measurement. The results are included in the boring logs. We also obtained photographs of each core, which are attached in Appendix B. 4.2 Subsurface Exploration For the tested roadways, the subsurface exploration program consisted of 15 direct push (Geoprobeo) borings. Due to equipment breakdown, two of the borings locations were sampled by hand auger. The initial number and approximate locations of our borings were chosen by Stantec. The locations were marked in the field by AET prior to drilling. The approximate locations of the borings are illustrated on the attached Figures IA1, 1A2, I and 1C. Subsurface boring logs and details of the drilling methods used appear in Appendix B. The logs contain information concerning soil layering, soil classification, and geologic description. Page 3 of 7 PROJECT 2018 MSA Street Improvements, New Hope, MN AMERICAN SUBJECT ENGINEERING Approximate Core/Boring Locations TESTING, INC. Boone Ave N (B-01 to B-05) SCALE DRAWN BY CHECKED BY See above I MF N AET NO. 28-01274 DATE July 10, 2017 FIGURE lAl f�_1 1 ,. Fi 16 I R 34-11-2-Ave-N B�7 i r �+ 1 � U N N coo �� Z ZN Wti f� H H A z z� A z O 0 � A d r!� o U - oo CD W ad' O p�q z�zz wz� zW wH (yartiy•�LiPESinp� y J O _ 4 f aY CY m m .� a: o CI] n u ry r � • 1 •ti 40 �f m •+rr r l fit y� rir . �/ • 4- \ §Q . • & � . \ / ■ Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets AMERICAN July 18, 2017 ENGINEERING AET Report No. 28-01174 TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Results Sheets Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01174 A.1 FIELD EXPLORATION The pavement structural conditions at the site were evaluated nondestructively using Ground Penetrating Radar (GPR). The description of the equipment precedes the GPR Data and Analysis Results in this appendix. A.2 EQUIPMENT DESCRIPTION A.2.1 GSSI GPR Test System The GPR test system owned by AET is a GSSI Roadscan System that consists of a bumper -mounted, 2 GHz air - coupled antenna and a SIR-20 control and data acquisition processor, featuring dual channels. The GPR processor, including a SIR-20 data acquisition system, wheel -mounted DMI (Distance Measuring Instrument), and a tough book with the SIR-20 Field Program constitutes the newest, most sophisticated GSSI Test System, which fulfills or exceeds all requirements to meet ASTM-4748, ASTM D-6087 Standards. Figure Cl provides a view of this equipment. Figure Al GSSI 2 GHz air -coupled GPR Test System The GPR antenna emits a high frequency electromagnetic wave into the material under investigation. The reflected energy caused by changes in the electromagnetic properties within the material is detected by a receiver antenna and recorded for subsequent analysis. The 2 GHz air -coupled GPR is capable of collecting radar waveforms at more than 100 signals per second, allows for data to be collected at driving speeds along the longitudinal dimension of the pavements or bridge decks with the antennas fixed at the rear or in front of the vehicle. The antenna used for Roadscan is the Horn antenna Model 4105 (2 GHz). The 2 GHz antenna is [tie cwreut antenna of choice for road survey because it combines excellent resolution with reasonable depth penetration (18-24 inches in pavement materials). The data collection is performed at normal driving speeds (45-55 mph), requiring no lane closures nor causing traffic congestion. At this peed the 2 GHz antenna is capable of collecting data at 1-foot interval (1 scan/foot). The data were collected at a rate of about 1 vertical scans per foot. Each vertical scan consisted of 512 samples and the record length in time of each scan was 12 nanoseconds. Filters used during acquisition were 300 MHz high pass and 5,000 MHz low pass. In a GPR test, the antenna is moved continuously across the test surface and the control unit collects data at a specified distance increment. In this way, the data collection rate is independent of the scan rate. Alternatively, scanning can be performed at a constant rate of time, regardless of the scan distance. Single point scans can be performed as well. Data is reviewed on -screen and in the field to identify reflections and ensure proper data collection parameters. Field testing is performed in accordance with the standard ASTM procedures as described in ASTM D 4695-96, "Standard Guide for General Pavement Deflection Measurements". A.2.2 System Calibrations Horn antenna processing is used to get the velocity of the radar energy in the material by comparing the reflection strengths (amplitudes) from a pavement layer interface with a perfect reflector (a metal plate). The calibration scan is obtained with the horn antenna placed over a metal plate at the same elevation as a scan obtained over pavement. Appendix A - Page 1 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01174 The same setting for data collection is used for metal plate calibration. Fifteen seconds are need for jumping up and down on the vehicle's bumper to collect the full range of motion for the vehicle's shocks. The filename of raw calibration file is recorded. Survey wheel is calibrated by laying out a long distance (> 50 feet) with tape measure A.2.3 Linear Distance and Spatial Reference System Distance measuring instrument (DMI) is a trailer mounted two phase encoder system. When DMI is connected to the SIR-20 it provides for automatic display and recording distance information in both English and metric units with a 1 foot (0.3 meters) resolution and four percent accuracy when calibrated using provided procedure in the Field Program. Spatial reference system is a Trimble ProXH Global Positioning System (GPS) that consists of fully integrated receiver, antenna and battery unit with Trimble's new H-Star"m technology to provide subfoot (30 cm) post processed accuracy. The External Patch antenna is added to the ProXH receiver for the position of the loading plate. The External Patch antenna can be conveniently elevated with the optional baseball cap to prevent any signal blockage. A.2.4 Camera Monitoring System A battery operated independent DC-1908E multi -functional digital camera with a SD card is used for easy positioning of the loading plate or of the pavement surface condition at the testing locations. A.3 SAMPLING METHODS At the project level, the testing interval is set at 12 scans per foot in the Outside Wheel Path (OWP) = 2.5 ft ± 0.25 ft (0.76 m f 0.08 m) for nominal 12 ft (3.7 m) wide lanes at a survey speed of approximately 10 mph. Where a divided roadbed exists, surveys will be taken in both directions if the project will include improvements in both directions. If there is more than one lane in one direction the surveys will be taken in the outer driving lane (truck lane) versus the passing lane of the highway. GPR tests are performed at a constant lateral offset down the test section. When GPR tests are performed on bridge decks, multiple survey lines are followed transversely at 2-foot spacing between survey lines. At the network level, GPR tests on one scan per foot are set to be able to collect data on pavements at driving speeds, without statistically compromising the quality of the data collected. If GPR tests are for the in situ characterization of material GPR data will be collected at two scan per foot at slower driving speeds. AA QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) Beside the daily metal plate calibration the DMI is also calibrated monthly by driving the vehicle over a known distance to calculate the distance scale factor. The GPR will be monitored in real time in the data collection vehicle to minimize data errors. The GPR units will be identified with a unique number and that number will accompany all data reported from that unit as required in the QC/QA plan. Scheduled preventive maintenance ensures proper equipment operation and helps identify potential problems that can be corrected to avoid poor quality or missing data that results if the equipment malfunctions while on site. The routine and major maintenance procedures established by the LTPP are adopted and any maintenance has been done at the end of the day after the testing is complete and become part of the routine performed at the end of each test/travel day and on days when no other work is scheduled. To insure quality data, the GPR assessments took place on generally dry pavement surfaces, and data was collected in each wheel path. Appendix A - Page 2 of 3 AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF GROUND PENETRATING RADAR PROJECT 2018 MSA STREET IMPROVEMENTS Test Date Date PROJECT NO. 28-01174 6/16/17 7/13/17 SECTION 1 ROAD BOONE AVE N TERMINI 42ND AVE N to MEDICINE LAKE RD SUMMARY STATISTICS Units: inches SB NB Layer Average CV 15th Min. Average CV 15th Min. AC 5.5 18% 4.4 3.6 5.4 25% 4.2 3.0 *Base j 8.4 22% 6.6 5.2 1 9.3 17% 7.7 6.0 *Apparent aggregate base and/or subbase ** Apparent base encountered in borings but below the depth of GPR detection Ground Penetrating Radar Pavement Thickness Survey GPR Mileage 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 0.0— l. l �l N p -8.0 -1 1 A� ' -12.0 it M1 N1 -16.0 -20.0 SB AC ------- NB AC SB Base ------- NB Base American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF GROUND PENETRATING RADAR PROJECT 2018 MSA STREET IMPROVEMENTS Test Date Date PROJECT NO. 28-01174 6/16/17 7/13/17 SECTION 2 ROAD 36TH AVE N TERMINI 500 FT W of WINNETKA AVE N to MARYLAND AVE N SUMMARY STATISTICS llnitc- inr_hac Layer EB WB Average CV 15th Min. Average CV 15th Min. AC 9.5 22% 7.6 6.9 9.6 29% 7.1 5.0 *Base 5.6 27% 4.4 1.6 1 5.8 34% 4.1 1.4 *Apparent aggregate base and/or subbase ** Apparent base layer encounted in boring but below the depth of GPR detection 0.00 0.0 ,1 -4.0 a a -8.0 A -12.0 -16.0 -20.0 Ground Penetrating Radar Pavement Thickness Survey GPR Mileage 0.10 0.20 0.30 0.40 EB AC ------- WB AC - EB Base ------- WB Base 0.50 Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets AMERICAN July 18, 2017 ENGINEERING AET Report No. 28-01174 TESTING, INC. Appendix B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01174 B.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling direct push borings. The locations of the borings and cores appear on Figure 1. B.2 SAMPLING METHODS B.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split -spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2-inch O.D. split -barrel sampler into the in -situ soil with a 140-pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N-value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N-value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N-values than the traditional N60 values. By using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100%. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140-pound weight falling 30 inches. The current ASTM procedure acknowledges the wide variation in N-values, stating that N-values of 100% or more have been observed. Although we have not yet determined the statistical measurement uncertainty of our calibrated method to October 11, 2011, we can state that the accuracy deviation of the N-values using this method is significantly better than the standard ASTM Method. 13.2.2 Disturbed Samples (DS)/Spin-up Samples (Si) J Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. B.2.3 Direct Push Samples (DP) Sample types described as "DP' on the boring logs are continuous core samples collected by the direct push method. The method consists of a 2.125 OD outer casing with an inner 1.5 inch ID plastic tube driven continuously into the ground. B.2.4 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual -manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. B.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been ' performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual -manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. Appendix B - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01174 Visual -manual judgment of the AASHTO Soil Group is also noted as a part of the soil description. A chart presenting details of the AASHTO Soil Classification System is also attached. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. BA WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring logs. The following information appears under "Water Level Measurements" on the logs: 0 October 11, 2011 and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement • Casing Depth: depth to bottom of casing or hollow -stem auger at time of measurement • Cave-in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered • Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the water table at the boring locations may be different than the water levels measured in the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. B.5 LABORATORY TEST METHODS B.5.1 Water Content Tests Conducted per AET Procedure 01-LAB-010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265. B.5.2 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 01-LAB-040, which is performed in general conformance with ASTM: D6913, Method A. B.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. B.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix B - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS Symbol Definition B, H, N: Size of flush joint casing CA: Crew Assistant (initials) CAS: Pipe casing, number indicates nominal diameter in inches CC: Crew Chief (initials) COT: Clean -out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N-value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel RD: Rotary drilling with fluid and roller or drag bit REC: In split -spoon (see notes) and thin -walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. REV: Revert drilling fluid SS: Standard split -spoon sampler (steel; V is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thin -walled tube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid WH: Sampler advanced by static weight of drill rod and 140-pound hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel V :: Water level directly measured in boring 0: Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) qC: Static cone bearing pressure, tsf q,,: Unconfined compressive strength, psf R: Electrical Resistivity, ohm-cros RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight %-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES The standard penetration test consists of driving the sampler with a 140 pound hammer and counting the number ofblows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D 1586, the blows for each complete 6" increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0. F below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N-value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the entire sampler drive (which may even extend more than 18"). OIREP052 (12/08) AMERICAN ENGINEERING TESTING, INC. AASHTO SOIL CLASSIFICATION SYSTEM AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS Classification of Soils and Soil -Aggregate Mixtures Granular Materials Silt -Clay Materials General Classification (35% or less passing No. 200 sieve) (More than 35 % passing No, 200 sieve) A-1 A-2 A-7 Group Classification A-7-5 A-1-a A-1-b A-3 A-2-4 A-2-5 A-2-6 A-2-7 A-4 A-5 A-6 A-7-6 Sieve Analysis, Percent passing: No- 10(2.00 mm)............................. 50 max. .... No. 40 (0.425 mm) _ .... . ............. . .. . .. . .. . 30 max. 50 max. 51 min. No. 200 (0,075 mm) ............................. 15 max. 25 max, 10 max. 35 max. 35 max 35 max. 35 max. 36 min. 36 min. 36 min. 36 min, Characteristicsof Fraction Passing No. 40 (0.425 mm) Liquid limit ...................... . , , , .. , ........ . - - - ... 40 max. 41 min_ 40 max 41 min. 40 max. 41 min. 40 max, 41 min. Plasticity index ............................... . . 6 max. N.P. 10 max. 10 max 11 min 11 min. 10 max. 10 max. 11 min, 11 min. Usual Types of Significant Constituent Materials Stone Fragments, Fine Silty or Clayey Gravel and Sand Silty Soils Clayey Soils Gravel and Sand Sand General Ratings as Subgrade ..................... Excellent to Good Fair to Poor The placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2. Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30. Group A-8 soils are organic clays or peat with organic content>5%. PLASTICITY INDEX (PI) an 7n 7n An Fn Fn 7n 100 80 70 E 60 J J 50 40 3C 2C 10 Liquid Limit and Plasticity Index Ranges for the A-4, A-5, A-6 and A-7 Subgroups ©oflnttlons of Gfaye1. Sand and 51It•Clay The terms "gravel", "coarse sand", "fine sand" and "silt -clay", as determinable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: GRAVEL - Material passing sieve with 3-in. square openings and retained on the No. 10 sieve. COARSE SAND - Material passing the No 10 sieve and retained on the No, 40 sieve. FINE SAND - Material passing the No. 40 sieve and retained on the No. 200 sieve. COMBINED SILT AND CLAY - Material passing the No. 200 sieve BOULDERS (retained on 3-in. sieve) should be excluded from the portion of the sample to which the classificaiton is applied, but the percentage of such material, if any, in the sample should be recorded. The term "silly' is applied to fine material having plasticity index of 10 or less and the term "clayey" is applied to fine material having plasticity index of 11 or greater. / / / / / i / / A-5 A-7 / A-4 6 GROUP INDEX CHART 60 Group Index (GI) _ (F-35) [0.2+0 005 (LL-40) ] + 0.01 (F-15) 15—f (PI-10) where F = % Passing No. 200 sieve, LL = Liquid T Limit, and PI = Plasticity Index. ZQ N When working with A-7-6 and A-2-7 u ibgrnrrns the Partial Group Index (PGI) is determined from the PI only. 30 •t0 When the combined Partial Group Indices are negative, the Group Index should be reported as zero. 3 0 t6 3p 0 Z O Z 0 CL 1 Exe 82 % Passing No. 200 sieve LL = 38 PI=21 Then PGI = 8.9 for LL PGI = 7.4 for PI GI=16 00 {y� z z 0 a Lu U w EL OICLS022 (07/11) AMERICAN ENGINEERING TESTING, INC. I t UNIFIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 Soil Classiflcalion Criteria for Assigning Group Symbols and Group Names Using Laboratory TestsA Group Group Nantc Symbol Coarse -Grained Gravels More Clean Gravels Cu?4 and I<Cc<3 GW Well graded grave Soils More than 50% coarse Less than 5% than 50% fraction retained finesc Cu<4 and/or 1>Cc>3 GP Poorly graded gra retained on on No. 4 sieve No. 200 sieve Gravels with Fines classify as ML or MH GM Silty gravel Fines more than 12% Fines c Fines classify as CL or CH GC Clayey gravel ' Sands 50% or Clean Sands CuL6 and SW Well -graded Bond' more of coarse Less than 5°% fraction passes fine So Cu<6 and7or I>Cc>3 SP Poorly -graded san No.4 sieve Sands with Fines classify as ML or MH SM Silty sand"` Fines more than 12% fines o Fines clmsff as CL or CH SC Cia a sand " Fine -Grained Silts and Clays iturganie PI>7 and plots on or above CL Lean clay Soils 50% or Liquid limit less "A" line more passes than 50 PI<4 or lots below ML silt the No. 200 "A" line sieve organic Liquid limit--�,vca dried — 0.75 OL Organic clay ' ' . (see Plasticity Liquid limit — not dried Organic siltK.L.M.o Chart below) Silts and Clays inorganic PI plots on or above "A" line CH Fat clay' ' . Liquid limit 50 or more PI plots below "A" line MH Elastic sill organic Liquid Ib0--overt dried <p 75 OH 11.1 Organic clay "' Liquid limit —not dried Organic siltK.L,MQ Highly organic Primarily organic matter, dark PT Peat' soil in color, and organic in odor SIEVE ANALYSIS 6 �, sn_ >9untw -- sn^++wer. ] r s 1% K i ID 2(1 Q w uo M PW o a a AO 2D W 40 z C3 z a° 40 w n. • Z5mn 20 ' 13-0975mm 10 7 4 _ 0 NOMME E MOVE ffi AMEMO ENE PANE "11"o- MEN AMERICAN ENGINEERING TESTING, INC. 11 ABased on the material passing the 3-in (75-1mn) sieve, BIf field sample contained cobbles or boulders, or both, add "with cobbles or boulders,. or both" to group name. CGravels with 5 to 12% fines require dual symbols: G W-GM well -graded gravel with silt G W-GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay °Sands with 5 to 12%,fines require dual symbols: SW-SM well -graded sand with silt SW -SC well -graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay (D3o)2 ECU—D60/DI0 Cc= DIox D60 elf soil contains >15% sand, add "with sand" to group frame. olf fines classify as CL-ML, use dual symbol GC-G M. or SC-SM. "If Ones are organic, add "with organic fines" to group name. IIf soil ❑ontains >15% gravel, add "with gga�vel" to group name. IfAtterberg limits plot is hatched area, soils is a CL-ML silty clay. KIf soil contains 15 to 29%plus No. 200 add "with sand" or "with gravel", whichever is predominant. LIf soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name. vllisoil contains >30°/ plus No, 200, predominantly gravel, add "gravelly" to group name. kPl>4 and plots on or above "A" line, oPI�4 or plots below "A" line. API plots on or above "A" line. ON plots below "A" line. RFiberC:ontent description shown below. �0 .01 N o 4s a 10 W 20 30 40 81 90 ie s0 9tl Id7 1,1 PARTICLE SIZE IN M�ILLIMETERS LIQUID LIMIT(LL) 1 Dio 005 = 04 c=ti LI~ = V6 6 -56 Plasticity Chart ADDITIONAL TERMINOLOGY NOTES USED BY AET FOR SOIL IDENTIFICATION AND DESCRIPTION Grain Size Gravel Pcreantages Consistency of Plastic Soils Rctativ •_pensity oFNQtr-Plastic Sails Term N-Value, BN Term N-Value. DPI= Term Particle Size Term Percent Boulders Over 12" A Little Gravel 3% - 14% Very Soft less than 2 Very Loose 0 -4 Cobbles 3" to 12" With Gravel 15% - 29% Soft 2 -4 Loose 5 -10 Gravel #4 sieve to 3" Gravelly 30% -50% Finn 5 - 8 Medium Dense 11 -30 Sand #200 to #4 sieve Stiff 9 - 15 Dense 31 -50 Fines (silt & clay) Pass #200 sieve Very Stiff 16 - 30 Very Dense Greater than 50 Hard Greater than 30 Moisture/Frost Condition LAyctia& NMcs P4a1 Description 9rgnic Descrintiun (if a lab tests) (MC Column) Soils are described as orsmric, if soil is not peat D (Dry): Absence of moisture, dusty, dry to and is judged to have sufficient organic fines touch. Laminations: Layers less than Fiber Content content to influence the Liquid Limit properties. M (Moist): Damp, although free water not %" thickof Term ;Visual Estitnair! Rj!Rlod•organic used for borderline cases. visible, Soil may still have a high y g differing material Root Inclusions water content (over "optimum"), or color. Fibric Peat: Greater than 67% With roots: Judged to have sufficient quantity W Wet/ ( Free water visible intended to Hemic Peat: ° 33 — 67 /o to influence the soil Waterbearing): describe non -plastic soils. Lenses: Pockets or layers Sapric Peat: Less than 33% pr properties. es. Waterbearing usually relates to greater than'/" Trace roots: Small roots present, but not judged sands and sand with silt, thick of differing to be in sufficient quantity to Frozen F : (Frozen): Soil frozen material or color, significantly affect soil properties. OICLS021 (07/08) AMERICAN ENGINEERING TESTING, INC. 2018 New Hope MSA Streets Boone Ave. & 36"' Ave. AET Project 28-01274 July 13, 2017 Core #: B-1 Date Cored: June 27, 2017 Description: Boone Ave, southbound Core Diameter: 4" Total core length: 3 Y4 Two lifts visible Lift 1: 2" Lift 2: 1 Y4 Notes: Bituminous appears moderately stripped throughout the full depth of the core. Core #: B-4 Date Cored: June 27, 2017 Description: Boone Ave, northbound Core Diameter: 4" Total core length: 4 %" Two lifts visible Lift 1: 2" Lift 2: 2 '/ " Notes: Bituminous appears slightly stripped throughout the full depth of the core. AMERICAN ENGINEERING TESTING, INC. Page 1 2018 New Hope MSA Streets Boone Ave. & 36"' Ave. AET Project 28-01274 July 13, 2017 Core #: B-5 Date Cored: June 27, 2017 Description: Boone Ave, southbound Core Diameter: 4" Total core length: 5 '/2 " Two lifts visible Lift 1: 2" Lift 2: 2 '/ " Notes: Bituminous appears moderately stripped throughout the full depth of the core. Core #: B-6 Date Cored: June 27, 2017 Description: Boone Ave, northbound Core Diameter: 4" Total core length: 6" Three lifts visible Lift 1: 1 '/ " Lift 2: 2 '/ " Lift 3: 2'/z " Notes: Bituminous appears slightly stripped throughout the full depth of the core. y AMERICAN ENGINEERING TESTING, INC. Page 2 2018 New Hope MSA Streets Boone Ave. & 36"' Ave. AET Project 28-01274 July 13, 2017 Core #: B-9 Date Cored: June 27, 2017 Description: Boone Ave, southbound Core Diameter: 4" Total core length: 6" Three lifts visible Lift 1: 1 Y4 " Lift 2: 1 " Lift 3: 3 '/ " Notes: Bituminous upper layer appears slightly stripped and the lower layers moderately stripped. Core #: B-11 Date Cored: June 27, 2017 Description: Boone Ave, southbound Core Diameter: 4" Total core length: 4" Two lifts visible Lift 1: 1 1/2 " Lift 2: 2 '/2 " Notes: Bituminous upper layer slightly stripped and the lower layer is highly stripped. AMERICAN ENGINEERING TESTING, INC. Page 3 2018 New Hope MSA Streets Boone Ave. & 361" Ave. AET Project 28-01274 July 13, 2017 Core #: B-13 Date Cored: June 30, 2017 Description: 36"' Ave N, westbound left turn lane Core Diameter: 4" Total core length: 13 '/2 " Several lifts visible Notes: Bituminous upper layers slightly stripped and the lower 4 inches is highly stripped. Core #: B-14 Date Cored: June 30, 2017 Description: 36"` Ave N, center turn lane Core Diameter: 4" Total core length: 6'/z " Several lifts visible Notes: AMERICAN ENGINEERING �f TESTING, INC. Page 4 AMERICAN ENGINEERING TESTING, INC. SUBSUIZ ACE BORING LOG AET No: 28-01274 Log of Boring No. B-01 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL a4201 FEET MATERIAL DESCRIPTION TYPE IN. 3.75" Bituminous pavement FILL CORE 9" FILL, sand with silt and a little gravel, brown (A-1-b) t = — HA 24 FILL, mostly sand with silt, some clayey sand, a little gravel, brown (A-1-b/A-2-4) 2 END OF BORING Location: Boone Ave. N., just south of 42nd Ave. N., southbound i 1 i DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED SHEETS FOR AN t 0-14" Hand Auger DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL r EXPLANATION OF BORING COMPLETED: 6/27/17 TERMINOLOGY ON THIS LOG ' DR: ,IM LG: Rig: NA 03/2011 01-DHR-060 AWRICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-02 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL &#2011 FEET MATERIAL DESCRIPTION TYPE IN, 5.5" Bituminous pavement FILL 15.5" FILL, mostly silty sand, a little gravel and sandy silt, brown (A-2-4) 1— DP 42.5 FILL, mostly clayey sand, a little gravel, gray, a 2 — little brown and light gray (A-6) 3— END OF BORING Location: Boone Ave. N., between 41st and I I 40'/2 Ave., northbound DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED ! 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL SHEETS FOR AN EXPLANATION OF BORING COMPLETED: 6/30/17 TERMINOLOGY ON DR: TK LG: Rig: THIS LOG 03/2011 01-DHR-060 AMERIGAN ENGINEERING SUBSURFACE BORING LOG TESTING, ING. AET No: 28-01274 Log of Boring No. B-03 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hoe MN DEPTII FIELD & LABORATORY TESTS Surface Elevation GEOLOGY N MC SAMPLE IN. IN FEET MATERIAL DESCRIPTION TYPE 1N. WC DEN LL PL#ZC 6.5" Bituminous pavement IFILL 21.5" FILL, mostly silty sand, a brown (A-2-4) 1 2 3 FILL, mostly clayey sand, a little gravel, brown and gray (A-2-6) END, OF BORING Location: Boone Ave. N., between 40th and Hopewood Ave. N., southbound DP 139.5 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NC 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL .ITI St EX: COMPLETED: 6/30117 TEF DR: TK LG: Rig: TE: REFER TO E ATTACHED EETS FOR AN 'LANATION OF MINOLOGY ON THIS LOG 01-DHR-060 03/2011 AWRICAN ENGINEERING TESTING, INC. SUBSIAU, ACE BORING LOG AET No: 28-01274 Log of Boring No. B-04 (p. 1 of 1) Project: New Hope 2018 NISA Street Improvements; New Hope, NIN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL �4201 FEET MATERIAL DESCRIPTION TYPE IN. 4.25" Bituminous pavement FILL CORE 1.51' FILL, deteriorated bituminous pavement, dark grayish brown 5.25" FILL, crushed limestone, light brown I (A-1-b) FILL, mostly silty sand, a little gravel and clayey sand, brown (A-2-4) 2 DP 39.5 FILL, mostly clayey sand, a little gravel, grayish brown (A-2-6) 3 END OF BORING Location: Boone Ave. N., between 39th Ave. N. and Boone Circle, northbound a U DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL P V SHEETS FOR AN EXPLANATION OF 1301UNG TERMINOLOGY ON COMPLETED: 6/30/17 LOG DR: TK LG: Rig -,THIS 03/2011 01-DfIR-060 AMERICAN 1 ENGINEERING ENG RI SUBSURFACE BORING LOG TF.CTTNC. I1 TESTING, INC. AET No: 28-01274 Log of Boring No. B-05 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope MN BORATORY TESTS FIELFDE DEPTH Surface Elevation IN GEOLOGY N MC SAMPLE IN. TYPE IN. FEET MATERIAL DESCRIPTION WC LL PLo #2D 5.5" Bituminous pavement FILL CORE 7" FILL, inostly sand with silt, a little gravel, brown (A-1-b) HA i END OF BORING Location: Boone Ave. N., between Northwood Plcwy and 361% Circle N., southbound n `m F Fl- DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO a DATE TIME SAMPLED CASING CAVE-IN DRILLING DEPTH DEPTH DEPTH FLUID LEVEL WATER THE ATTACHED LEVEL � f1-12.5�� Hand Auger v SHEETS FOR AN EXPLANATION OF N n TERMINOLOGY ON cc BORiNQ COMPLETED: 6/30/17 THIS LOG DR: JM LG: Rig, 03/2011 01-DHR-06C AMERICAN 1 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-06 (p. I of 1) Project: New Hope 2018 NISA Street Improvements; New Hope, NIN DES H Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL o-#201 FEET MATERIAL DESCRIPTION TYPE IN. 3.75" Bituminous pavement FILL CORE 4,25" FILL, deteriorated bituminous pavement, dark grayish brown (A-1-b) 28.5" FILL, mostly silty sand, a little gravel and I — clayey sand, brown (A-2-4) 2 — DP 41.5 3 FILL, mostly clayey sand, a little gravel, grayish brown (A-2-6) END OF BORING Location: Boone Ave. N., between Aquila and Yukon Ave. N., northbound DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON BORING COMPLE iLD: 6/30/17 I DR: TK LG: Rig: THIS LOG 03/2011 01-DHR-060 AMERICAN . ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-07 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS FEET MATERIAL DESCRIPTION TYPE IN. WC DEN LL PL .420 4.5" Bituminous pavement FILL 9 2.5" FILL, deteriorated bituminous pavement, dark grayish brown (A-1-b) t _ 17.75" FILL, mostly silty sand, a little gravel, brown (A-2-4) 2 :3 — END OF BORING Location: On Boone Ave. N., between 34th and Boone Circle N., southbound DP 124.5 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NC 0-3.8 Direct Push DATE TIME SAMPLED DEPTH DEPTH FLUID LEVEL LLLING EVEL TI SF EX BORiNCi COMPf.ETED. 6/30/17 TEF DR: TK LG: Rig: 03/2011 TE: REFER TO IE ATTACHED SETS FOR AN 'LANATION OF MINOLOGY ON THIS LOG 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-08 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD &LABORATORY TESTS WC DEN LL PL #20 IN FEET MATERIAL DESCRIPTION TYPE IN. 4.5" Bituminous pavement FILL 2" FILL, deteriorated bituminous pavement, dark grayish brown (A-I-b) 14" FILL, mostly silty sand, a little gravel and 1 clayey sand, brown, a little grayish brown (A-2-4) FILL, mostly clayey sand, a little gravel, gray z (A-2-6) DP 43 3 END OF BORING Location: Boone Ave. N., between 33rd Ave. N. and 32nd Pl. N., northbound a a F e DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED SHEETS FOR AN 0-3.8' Direct Push DATE 1IME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL 0 EXPLANATION OF BORING a COMPLETED: 6/30/17 TERMINOLOGY ON CZ DR: TK LG: Rig: THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-09 (p. 1 of 1) Project: New Hope 2018 MSA Street improvements; New Hoe MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS IN FEET MATERIAL DESCRIPTION TYPE IN, WC DEN LL PL 442C 6" Bituminous pavement FILL CORE 10.5" FILL, mostly silty sand, a little gravel and clayey sand, brown (A-2-4) 9 2 FILL, mostly clayey sand, a little gravel, brown, a little reddish brown (A-2-6) END OF BORING Location: Boone Ave. N., between 32nd Ave. N. and 31st Ave. N., southbound DP 1 40 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL 0-3.8' Direct Push SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON COMPLE"CED: 6130117 THIS LOG DR: TK LG: Ri 03/2011 01-DHR-060 ANMRICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-10 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL "-#20 FEET MATERIAL DESCRIPTION TYPE IN. 3" Bituminous pavement FILL 4" FILL, deteriorated bituminous pavement, dark grayish brown (A-1-b) 12" FILL, mostly silty sand, a little gravel and I- clayey sand, brown (A-2-4) FILL, mostly clayey sand, a little gravel and sandy silt, grayish brown (A-2-6) DP 46 2 _ S- END OF BORING Location: Boone Ave. N., between 31 st and 30th Ave. N., northbound i r ' DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO ! , 0-3.8 Direct Push DATE TIME SEPTHD DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF BORING COMPLETED, 6/30/17 TERMINOLOGY ON DR: TIC LG: Rig: THIS LOG 03/2011 01-DHR-060 AMERICAN 1 NGIN;ERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-I1 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, NIN FIELD & LABORATORY TESTS DEPTH Surface Elevation GEOLOGY N MCIN SAMPLE REC TYPE IN. WC DEN LL PL r#20i FEET MATERIAL DESCRIPTION 4" Hi#uzninous pavement FILL CORE 1" FILL, deteriorated bituminous pavement, dark rayish brown (A-1-b) 13" FILL, 111ost4y silty sand, a little gravel and I clayey sand, brown (A-2-4) FILL, mostly clayey sand, a little gravel, grayish brown (A-2-6) FILL, mostly silty sand, a little gravel and clayey DP 41 sand, grayish brown and brown (A-2-4) FILL, mostly silt, brownish gray, a little reddish brown (A-4) 3 FILL, mostly sandy silt, a little gravel and silty sand, brownish gray, a little grayish brown (A-4) END OF BORING Location: Boone Ave. N., between 28th Ave. N. and Medicine Lake Rd., southbound r a h L~7 �Ju 5 r DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE TIME SAMPLED CASING CAVE-IN DRILLING WATER DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED a 0-3.8' Direct Push a SHEETS FOR AN $ EXPLANATION OF N )Rl TERMINOLOGY ON g COMPLETED: 6/30/17 THIS LOG DR: TK LG: Ri 01-DHR-06( 03/2011 ANIERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. _ B-12 (p. 1 of 1) Project: New Hope 2018 MSA Street Im rovements• New Hope, MN DEPTH IN Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL .4201. FEET MATERIAL DESCRIPTION TYPE IN, 9.5" Bituminous pavernent FILL _ 4.5" FILL, mostly silty sand with gravel, grayish I brown (A-1-b) FILL, mostly silty sand, a little gravel, sand with silt and clayey sand, brown with light brown (A-2-4) 2— DP 42 3— FILL, mostly sandy silt, a little gravel, gray with grayish brown (A-4) END OF BORING Location: 36th Ave. N., just east of Winnetka Ave. N., westbound left turn lane/median DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO i 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF 'r _ BORING COMPLETED: 6/30/17 TERMINOLOGY ON DR: TK LG: Rig: THIS LOG 03/2011 01-DH1Z-060 AMERICAN 1 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-13 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hoe MN DEPTH FIELD & LABORATORY TESTS IN Surface Elevation GEOLOGY N MC SAMPLE REC FEET MATERIAL DESCRIPTION TYPE IN. WC DEN LL 13.5" Bituminous pavement FILL IN 2 3 FILL, mostly sand with silt, a little grave brown, a little light brown (A-3) END OF BORING Location: 36th Ave. N., just west of RR crossing, eastbound DP 130.5 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL coMPLL'TeD: 6130I I7 DR: TIC LG: Rig: 03/2011 NOTE: REFER TO THE ATTACHED SHEETS FOR AN. EXPLANATION OF TERMINOLOGY ON THIS LOG 01-DHR-060 ANMRICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-14 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN _ DEPTH IN Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL 1.420( FEET MATERIAL DESCRIPTION TYPE IN. 6.5" Bituminous pavement FILL CORE FILL, mostly silty sand with clayey sand, a little 1 gravel, brown, a little grayish brown (A-2-4) FILL, mixture of silty sand and clayey sand, a little gravel, pieces of bituminous, grayish brown and brown (A-2-4/A-2-6) 2 DP 30.5 FILL, mostly clayey sand, a little gravel and lean clay with sand, dark grayish brown and gray (A-2-6) 3— END OF BORING Location: 36th Ave. N., just west of Maryland Ave. N., center turn lane s 2 r DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO L 0-3.81 Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN v EXPLANATION OF D: 6/30/17 =:TLK TERMINOLOGY ON LG: Ri : THIS LOG 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-15 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Ho e, MN FIELD & LABORATORY TESTS DEPTH IN Surface Elevation GEOLOGY N MC SAMPLEREC WC DEN LL PL o 11�t1 FEET MATERIAL DESCRIPTION 13" Bituminous pavement FILL t 2.5" FILL, silty sand, a little gravel, pieces of bituminous, dark brown (A-2- FILL, mixture of clayey sand and silty sand, a little gravel, gray and brownish gray, a little DP 43.5 - _ grayish brown (A-2-6 and A-24) 3 END OF BORING Location: 36th Ave. N., just west of Winnetka Ave. N., eastbound, left turn lane a a J F DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE TIME SAMPLED CASING CAVE-IN DRILLING WATER THE ATTACHED DEPTH DEPTH DEPTH FLUID LEVEL LEVEL 4-3.$' Direct Push v SHEETS FOR AN 14 EXPLANATION OF TERMINOLOGY ON COMPLETE G134117 THIS LOG DR: TK LG: Rig, 01-DHR-06C 03/2011 AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET No: 28-01274 Log of Boring No. B-16 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope MN DEN II Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL Y.42011 FEET MATERIAL DESCRIPTION TYPE IN. 10.5" Bituminous pavement FILL I 16" FILL, crushed limestone, I ight brown (A-1-b) DP 40 2 FILL, mostly sand with silt, a little gnavel, brown, a little light brown (A-3) 3 FILL, mostly clayey sand, a little gravel acid lean clay with sand, trace roots, grayish brown, a little dark grayish brown and reddish brown (A-2-6) END OF BORING Location: 36th Ave. N., just east of Jordan, westbound a 3 9 DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED 0-3.8' Direct Push DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL N SHEETS FOR AN g r� EXPLANATION OF 13ORING TERMINOLOGY ON COWI-o'ED: 6/30/17 THIS LOG DR: TK LG: Rig: 03/2011 01-DHR-060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01274 Log of Boring No. B-17 (p. 1 of 1) Project: New Hope 2018 MSA Street Improvements; New Hope, MN FIELD & LABORATORY TESTS DEPTH Surface Elevation GEOLOGY N MC S TYP LE IN. WC DEN LL PL #20 FEET MATERIAL DESCRIPTION 5.25" Bituminous pavement 6" FILL, deteriorated bituminous pavement, dark grayish brown (A-1-b) I t l" FILL, mostly sand with silt and gravel, brown (A-1-b) 2 FILL, mostly clayey sand, a little gravel and DP 44 sandy lean clay, grayish brown, a little gray (A-2-6) S— END OF BORING Location: 36th Ave. N., just west of Jordan, westbound F R C7 J ' DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO LU a DATE TIME SAMPLED CASING CAVE-IN DRILLING WATER DEPTH DEPTH DEPTH FLUID LEVEL LEVEL THE ATTACHED 0-3.8' Direct Push SHEETS FOR AN v EXPLANATION OF a TERMINOLOGY ON COMPLETED: 6/30/17 THIS LOG DR: TK LG: Rig: O1-DHR-06( 03/2011 Report of Geotechnical and Pavement Engineering Services 2018 MSA Improvements, New Hope Streets AMERICAN July 18, 2017 ENGINEERING AET Report No. 28-01174 TESTING, INC. Appendix C Geotechnical Report Limitations and Guidelines for Use Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01174 C.1 REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE', of which, we are a member firm. C.2 RISK MANAGEMENT INFORMATION C.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. C.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. C.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: 0 the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, 4 elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. C.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. 1 ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 30l/565-2733: ►►%vw.asfc:ors Appendix C — Page I of 2 AMERICAN ENGINEERING TESTING, INC Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01174 C.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. C.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. C.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. C.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognizes that separating logs from the report can elevate risk. C.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. C.2.10 Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. C.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironmental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix C — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01174 A.5 DATA ANALYSIS METHODS A.5.1 Data Editing Field acquisition is seldom so routine that no errors, omissions or data redundancy occur. Data editing encompasses issues such as data re -organization, data file merging, data header or background information updates, repositioning and inclusion of elevation information with the data. A.5.2 Basic Processing Basic data processing addresses some of the fundamental manipulations applied to data to make a more acceptable product for initial interpretation and data evaluation. In most instances this type of processing is already applied in real-time to generate the real-time display. The advantage of post survey processing is that the basic processing can be done more systematically and non -causal operators to remove or enhance certain features can be applied. The Reflection Picking procedure is used to eliminate unwanted noise, detects significant reflections, and records the corresponding time and depth. It uses antenna calibration file data to calculate the radar signal velocity within the pavement. A.5.3 Advance Processing Advanced data processing addresses the types of processing which require a certain amount of operator bias to be applied and which will result in data which are significantly different from the raw information which were input to the processing. A.5.4 Data Interpretation The EZ Tracker Layer Interpretation procedure uses the output from the first step to map structural layers and calculate the corresponding velocities and depths. A.6 TEST LIMITATIONS A.6.1 Test Methods The data derived through the testing program have been used to develop our opinions about the pavement conditions at your site. However, because no testing program can reveal totally what is in the subsurface, conditions between test locations and at other times, may differ from conditions described in this report. The testing we conducted identified pavement conditions only at those points where we measured pavement thicknesses and observed pavement surface conditions. Depending on the sampling methods and sampling frequency, every location may not be tested, and some anomalies which are present in the pavement may not be noted on the testing results. If conditions encountered during construction differ from those indicated by our testing, it may be necessary to alter our conclusions and recommendations, or to modify construction procedures, and the cost of construction may be affected. A.6.2 Test Standards Pavement testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. A.7 SUPPORTING TEST METHODS Soil Boring/Coring Field Exploration If both pavement thicknesses and subgrade soil types and conditions are desired the shallow coring/boring and sampling is used. The limited number of coring/boring is necessary to verify the GPR layer thickness data. Appendix A - Page 3 of 3 AMERICAN ENGINEERING TESTING, INC. N L . StanteC BIDDER: valley Paving [nc DOCUMENT 0041 10 BID FORM 2018 MSA INFRASTRUCTURE IMPROVEMENTS PROJECT PROJECT NO. 193803898 NEW HOPE, MINNESOTA 2018 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the Form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding DocumentSFor 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 Nm 1 February 23, 2018 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 12) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E, Bidder has obtained and carefully studied (or accepts the consequenceSFor 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 nroarams incident thereto. © 2018 Stantec 1 193803898 0041 10 - 1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey undeislariding of all terms and conditionSFor 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 C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be inlentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5,01 Bidder will complete the Work in accordance with the Contract DocumentSFor 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.E 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, © 2018 Slantcc 1 193803898 Of) 41 10 - 2 BID FORM No. Item Units Qty Unit Price Total Price l BASE BID: MOBILIZATION LS 2 CLEARING TREE 1 $ , 1 • $(b!_ 3 GRUBBING TREE 1 C $ _ 5% J- M i 4 REMOVE CURB &GUTTER LF 1,525 $ �� $ 6 . 5 REMOVE SEWER PIPE (STORM) LF 44 $ 6- dD , $ It ' 6 REMOVE MANHOLE OR CATCH BASIN EA 1 $ 9 a5•. Q) $ qa5. !A 7 REMOVE BITUMINOUS WALK SF 78 $ 6D $ a3-l.• 8 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 370 $ L 6D $ �•� 9 REMOVE BITUMINOUS PAVEMENT SY 3,560 $ . d 10 REMOVE CONCRETE WALK SY 211 $ �� .�`� $ 50 11 REMOVE CASTING EA 25 $ W $ 6D 12 REMOVE LOOP DETECTOR EA 33 $ •'� . $� 13 SAWING BITUMINOUS PAVEMENT LF 530 $ • 56 $ /!+ 14 SALVAGE SIGN EA 36 $ -3b • $ e 15 COMMON EXCAVATION CY 650 $ 19• 16 SUBGRADE EXCAVATION CY 286 $ -zp- w $�•LI 17 GEOTEXTILE FABRIC TYPE V SY 1,050 $ I • J� $�. ' - 18 STREET SWEEPER (WITH PICKUP BROOM) HR 25 $ 50, _ $ 115. 19 AGGREGATE BASE CLASS 5 TON 796 $ -Lo• A6 $ _�1 v�V' W 20 BITUMINOUS PATCHING MIXTURE TON 473 r� •�� $OD 21 MILL BITUMINOUS SURFACE (2.0") SY 54,318 $ • G ` $ %31 22 BITUMINOUS MATERIAL FOR TACK COAT GAL 3,015 $ I J a $ _q,5 + 5& © 2018 Stantec 1 193803898 0041 10 - 3 BID FORM No. 23 Item TYPE SP 9.5 WEARING COURSE MIXTURE (4,E) Units TON Qty Unit Price Total Price ]%y 6,496 $_ ••� • $ 24 25 26 27 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TYPE 12.5 NON WEARING COURSE MIXTURE (4,B) 4" PERF PVC PIPE DRAIN 21"RC PIPE SEWER CLASS V TON TON LF LF 140 $ z. _L.t'! �'��' 6D 725 $�l�a. $�b 90 $ 0 $_ -• Y� 44 $ $ 3 28 VALVE BOX EA 11 $ 29 30 31 ADJUST VALVE BOX CONSTRUCT RISER INSTALL CASTING EA LF EA 3 �f C 7.5 $ ti+ $ 26 $ $. 32 33 INSTALL CATCH BASIN CONNECT TO EXISTING STRUCTURE EA EA 1 $ IND $ 6 $.(dJ•_L[L—$�' 34 35 36 CONNECT TO EXISTING STORM SEWER PIPE 4" CONCRETE WALK 6" CONCRETE WALK EA SF SF 1 $ $ 1,375 $ �• �o $a2 730 $ m $ 37 CONCRETE CURB AND GUTTER LF 1.525 $ V $ 31R1s' 38 7" CONCRETE DRIVEWAY PAVEMENT SY 345 $ $1-4 G_1 —7—Y 39 TRUNCATED DOMES SF 132 $ M. W $ u 40 RIGID PVC LOOP DETECTOR 6'X6' EA 5 $��_ $ 41 TRAFFIC CONTROL LS 'Zx 1 $ $ - �, uo' 42 DETOUR SIGNING LS 1 $ IZ 43 SIGN PANELS TYPE C SF 350 $ 1 • �d $--7—�• 0) 44 REVISE SIGNAL SYSTEM SYS 1 $ _q $ 45 STORM DRAIN INLET PROTECTION EA 21 $ OD $ © 2018 SIontec 1 193803898 00 41 10 - 4 BID FORM No. Item Units Qty Unit Price Total Price 46 LOAM TOPSOIL BORROW CY 220 $ / /. 4D $ IQ[!+ 47 SEED MIXTURE 25-151 LB 60 $ q.go $ 48 EROSION CONTROL BLANKETS CATEGORY 0 SY 1,255 $ Sv $ i uv �• �� 49 PAVEMENT MESSAGE EPDXY SF 680 $ _ 6,16 50 PAVEMENT MESSAGE PAINT SF 4,630 $ �. IJ $ _ 9 q. 51-0_ 51 4" SOLID LINE EPDXY LF 9,031 $ 030 $ L,r*?q1?+ JlJ 52 4" SOLID LINE PAINT LF 24,450 $ • Zb $ �o• 53 4" BROKEN LINE EPDXY LF 1,900 $ 0.30 54 4" BROKEN LINE PAINT LF 7,450 $ 6.20 55 4" DOUBLE SOLID LINE EPDXY LF 8,610 $ J ✓ • $�....% 56 4" DOUBLE SOLID LINE PAINT LF 2,600 $ 0.C• $ EPDXY 30 �� 1. It- 57 12" SOLID LINE LF 230 $ $ 58 24" SOLID LINE EPDXY LF 106 0 6 i $ , S 59 24"SOLID LINE PAINT LF 104 $ _ J•r?S $ _ 2 3, g 60 CROSSWALK EPDXY SF 775 $ $ _W �• W 61 CROSSWALK PAINT SF 1,475 $ $ / TOTAL BASE BID: $J''� ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT n� 62 MOBILIZATION LS 1 $ $ _ , M • W 63 REMOVE CURB & GUTTER LF 90 $ 64 REMOVE BITUMINOUS PAVEMENT SY 75 $ $ 65 REMOVE CONCRETE WALK SY 30 $ $ 66 SAWING BITUMINOUS PAVEMENT LF 150 $ �/i •�G $ - -a) 0 2018 Stanlec 1 193803898 0041 10 - 5 BID FORM No. Item 67 GEOTEXTILE FABRIC TYPE V 68 AGGREGATE BASE CLASS 5 69 BITUMINOUS PATCHING MIXTURE 70 6" CONCRETE WALK 71 CONCRETE CURB AND GUTTER 72 TRUNCATED DOMES 73 TRAFFIC CONTROL 74 LOAM TOPSOIL BORROW 75 SEED MIXTURE 25-151 76 EROSION CONTROL BLANKETS CATEGORY 0 77 CROSSWALK PAINT TOTAL ALT NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT ALTERNATE NO.2: 34TH AVE, PEDESTRIAN BUMP OUT 78 MOBILIZATION 79 REMOVE CURB & GUTTER 80 REMOVE BITUMINOUS WALK 81 REMOVE BITUMINOUS PAVEMENT 82 REMOVE CONCRETE WALK 83 REMOVE CASTING 84 GEOTEXTILE FABRIC TYPE V 85 BITUMINOUS MATERIAL FOR TACK COAT 86 TYPE SP 9,5 WEARING COURSE MIXTURE (4,E) Units Qty Price Total Price SY ^Unit 30 $ TON C 10 $ 'r TON 20 $ - _ $ 3, Y66' V SF 270 $ $ l C� 361' SF 64 $ W $ LS 1 $ CY 20 $ q W LB 5 $ 9,30 _ $ SY 95 $ - � , r5o ; / V2.;,o SF 204 $ j _t-1-u_34^, M $ s-o LS 1 5' .1-, 1", ms • Il1 `' —L)IL- L6 c SF 485 $ SY 160 $ 1• �l1 $�, alb. G� SY 105 $ $ EA 1 $ u• $ SY 70 $ •5A ��•� 1�7 GAL 6 $ 1.556 $ TON 56 $ 615,00 $ 0 2018 Slanlec 1 193803898 0041 10 - 6 BID FORM No. Item Units Qty Unit Price Total Price 87 SAWING BITUMINOUS PAVEMENT LF 300 r $ ✓ • Jo $ , /� 88 REMOVE MANHOLE OR CATCH BASIN EA 1 q a5. n -1 c�J+ $ $ 89 AGGREGATE BASE CLASS 5 TON 20 $ 1_5• 66 _ ._ $ ..1166,.Gb_ 90 BITUMINOUS PATCHING MIXTURE TON 35 $ _l`lO • $ Cl 950, tD 91 INSTALL CASTING EA I $ . 92 INSTALL CATCH BASIN EA 1 $ $ coo+1D 93 4" CONCRETE WALK SF 225 $ J e_ $ Jy..j 6D 94 6 CONCRETE WALK SF 700 $ • ob $ , a 95 7" CONCRETE DRIVEWAY PAVEMENT SY 215 $ b 0 • (Z $ 1 Z + W 96 CONCRETE CURB AND GUTTER LF 230 $ 2.1. 66 $ • 97 TRUNCATED DOMES SF 120 $ _ ,J 1. $ U �. I 98 TRAFFIC CONTROL LS 1 I S+it 99 LOAM TOPSOIL BORROW CY 115 $ _ $ 100 SEED MIXTURE 25-151 QU LB 30 $ $ 101 EROSION CONTROL BLANKETS CATEGORY 0 SY 670 $ $ 102 CROSSWALK PAINT SF 552 $ . A $ TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP OUT i $ 6 5 103 ALTERNATE NO. 3: 28TH AVE. PEDESTRIAN BUMP OUT MOBILIZATION LS 1 $ 104 REMOVE CURB & GUTTER LF 100 $ 105 REMOVE SEWER PIPE (STORM( LF 13 $ 106 REMOVE BITUMINOUS PAVEMENT � ✓ �0, SY 60 $ - -- $ 107 REMOVE CONCRETE WALK SY 30 $ $ -330 . ® 2018 Stanlec 1 193803898 0041 10 - 7 BID FORM No. item Units Qty Unit Price Total Price EA 1 fj d• 10 108 REMOVE CASTING 1 $ )J'60 109 REMOVE MANHOLE OR CATCH BASIN EA $ 110 SAWING BITUMINOUS PAVEMENT LF 140 $ .- 1. 56 ___.$ ql6. m Sy 30 J b $ �• ill GEOTEXTILE FABRIC TYPE V $ _ 112 AGGREGATE BASE CLASS 5 TON 10 (2, $ —J $ 113 BITUMINOUS PATCHING MIXTURE TON 15 $ _ . 114 12" RC PIPE SEWER DES 3006 CL V LF 46 $ 56 $ ■ 115 CONNECT TO EXISTING STORM SEWER PIPE EA 1 $ �� $ 1 lL' $ Z • JD$ r), 116 INSTALL CASTING EA —1 EA 2 $ ' � $ •-z 117 INSTALL CATCH BASIN 118 INSTALL MANHOLE EA 1 $ ��• $ 119 6" CONCRETE WALK SF 180 120 CONCRETE CURB AND GUTTER LF 110 $ 211 •• 0 $ � 121 TRUNCATED DOMES SF 44 $ J• I. 65 $ ��• 122 TRAFFIC CONTROL LS 1 $ $ 123 LOAM TOPSOIL BORROW CY 20 $ �� $ 124 SEED MIXTURE 35 151 LB 5 $ , C7Q — $ 125 EROSION CONTROL BLANKETS CATEGORY 0 SY 100 $ �• $ /30' JV SF 204 r. $_� $ 126 CROSSWALK PAINT $ 5 1 ' TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP OUT © 2018 Slanlec 1 193803898 0041 10- 8 BID FORM No. Item Units Qty Unit Price Total Price BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE NO. 1: BOONE CIR. PED. BUMP OUT TOTAL ALTERNATE NO. 2: 34TH AVE. PED. BUMP OUT TOTAL ALTERNATE NO. 3: 28TH AVE. PED. BUMP OUT $65 46, ®b 169, ® 2018 Stantec 1 193803898 OD 41 10 - 9 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. B. Bid Form Attachment A - Responsible Contractor Verification and Certification of Compliance. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: • • I . M-1 I SUBMITTED on February 77. 2018 . 201 B. Corporation Name: Vane. Pavi tna (SEAL) State of Incorporation: Minnesota Type (General Buslne s, Professional, !7vice. Limited Liability): General Business By: (Signature) Name (typed or printed): Brent Carron Title:oVesidenlAltesl • (CORPORATESEAL ) (Slgnature of 4 Corporate Secretary) Business Street Address (No P.O. Box #'s): 8800 13th Ave E Shakopee MN 55379 Phone No.: 952.445-8615 Email.: Brent@valle Ovin .corn 0) 2018 Slantec 1 193803698 0041 10 - 10 BID FORM r SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE; 2018 MSA INFRASTRUCTURE IMP110VEMENTS Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* 02018 Stantec 1 193803898 BID FORM ATTACHMENT A 0041 13- 1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 32613. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. L(6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. DID FORM ATTACHMENT A 0 2018 Stantec 1 193803898 0041 13 - 2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that 1 am an owner or officer of the company, and I swear under oath that: l) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Autho A d Signatu f caner or Officer: Printed Name: Brent Carron Titles Date: Vice President February 27, 2018 Company Name: Vallgylaving Inc CAROL J. JOHNSON-KADR�IK CE My Coen) M EOnx Jai. 31. Ul • 1 l----------- --- .......... ................... NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) 1f only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2018 5tantec 1 193803898 0041 13 - 3 ATTACHMENT A -I FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: Z018 !VISA INIER&FRUCTURE IMPROVEMENT Minn. Stat. § 16C,285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid FOTM. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) C?Ca4 114s A 16t ca(�J Name of city where company home office is located 81D FORM ATTACHMENT A 0 2018 Stantec 1 193803898 0041 13 - 4 f ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 20I8 115A [NIiR 5 i1-C TURE IMPROVEMENTS l This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager. ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located BID FORM ATTACHMENT A 02018 Stantec 1 193803898 00 41 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) Ioffice is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that 1 am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 bave verified through a signed statement under oath by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Si ature oMOWLw?rr Officer: Printed Name: Brent Carron Title: Date: Vice President February 27, 2018 Company Name: Vall avin Inc porn 1 lid subscribed before 1 11 is 271h - 8 . c My Commission Expires: END OF SECTION © 201 B Stantec 1 193803898 BID FORM ATTACHMENT A 0041 13-b THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Valley Paving, Inc. 880013th Ave E Shakopee, MN 55379 as Principal, hereinafter called Principal, and North American Specialty Insurance Company 5200 Matcalf OPN111 Overland Park, KS 66202-1391 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2018 MSA Infrastructure Improvements, City Project No. 999 NOW, THEREFORE, if the Obligee shaft accept the bid of the Principal and the Principal shall enter Into a Contract with the Obtigee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Si and sealed this 27 h day of February , 2018 . Valley Paving, Inc. [ (Principal) (Seal) (Title) North American Specialty Insurance Company (Surety) (Seal) �I y ( Witness) (Title) Lin Ulven, Attorney -In -Fact -iTX-UMU9RTi 3 b - 9TffWON - Al FEBRUARY - 1 T-H A ANf- - INSTITUTEOF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ss County of _ _) On this 27th day of February 2018 , before me appeared rt'n+ � to me personally known, who, being by me duly sworn, did say that he/she is the "Ire of Valley Paving,_Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument Was executed in behalf of said corporation by authority of its Board of Directors, and that said T5FPj/' acknowledged said instrument to be the free act and deed of sai�forporation. ~ Notary Public CAROLJ. JOHNSON.KAORLIK My commission expires + TAW Punic - M&NEsarA SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) ounty, On this 27th day of February 2018 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American_ Specialty Insurance 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. Lin Ulven _ acknowledged said instrument to be the free act and deed of said corporation. -44"C �W l sANDRAM.ENG5TRUM Notary Public Hennepin County, Minnesota 1f '_ NOTARY FUBLIC-miNNESMA my commissionE01" My commission expires 1/31/2021 � January 31, 28z1 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the Stale of Now Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington international Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in tllc City ❑f Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R.W. FRANK, R. SCOTT EGGINTON, JOHN E TAUER, CRAIG REMICK, JOSHUA R. LOPHS, TINA L. DOMASK, ROSS S.SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT, JEROMET.OUIMET,KURTC. LUNDBLAD, RRIANI. OESTREICFJ•LIN ULVEN, EMILY WHITE,TED JORGENSEN, MELINDAC, BLODGETT. R C.BOWMAN, COLBY ❑, WHI IT;., ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." {z'zizp�FrnititHa�vvs� Iiy _ S lcvcn ., n crsan,. rn nr cr its rn n as ng do 1011tr0allonal lillur—Alumcompany & Senior Vice President of Not th American Specialty Insm ance Company & Senior Vice President off Wv-sttporrtttIInsurance Corporation By . � ! frJl Mike A. 110, Senior Vice President of Washington International Insm•a nee Company & Senior Vice President of North American Specially Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th _ day of . November , 20 17 1 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: IOn this 7th day of _ November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OrFICIAL SUAL iA. KENNY ,,_ _ • . .s , Notpry Puylrc; Slate of allixric i • 1 - r r �y�'1=92a1isf"I" M. Kenny, Notary Public 54'� I, JeffreyG__ oldborg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of . February 2018 Jeffrey Goldberg. Vice Picsidenl & Assirimu ScerCtary ed Wnshingtolt 1111CIIltrt10rral Insurance Company & Nol•I It American Specialty In wan" Vowpmsy& Vice President & Assistant Secretary of Westport Insuranec Col poi ation MINUTES OF ACTION OF BOARD DIRECTORS OF VALLEY PAVING, INC. The undersigned, being the sole member of the Board of Directors of Valley Paving, Inc., a Minnesota corporation, acting as the Board of Directors pursuant to the provisions of Minnesota Statues, Section 302A.239, does hereby agree to the adoption of and does hereby adopt the following resolutions as of the 25th day of February 2016 Resolution Waiving Meeting of Directors WHEREAS, the bylaws of the Corporation direct that the Board of Directors of the Corporation shall hold a meeting from time to time; and WHEREAS, the existence of only one director of the Corporation alleviates the necessity of holding a regular meeting; NOW, THEREFORE, IT IS HEREBY RESOLVED, that a regular meeting of the Board of Directors is waived for the fiscal year ended December 31, 2015, and there Minutes of Action are substituted therefore. Resolution Electing. Officers WHEREAS, the Bylaws of the Corporation permit the Board of Directors, from time to time, to elect officers of the Corporation; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the following individuals are elected to the offices set forth after their names and shall hold office until their successors are duly elected and qualified: NAME OF_ Richard A. Carron President Brent A. Carron Vice President Carol J. Johnson-Kadrlik Secretary Richard A. Carron Treasurer Resolution Adontinix Policy RESOLVED, that no Employee shall be authorized to purchase, charge, nor make any financial agreements with Ziegler Company of Minnesota. Resolution Ado tin Pollc RESOLVED, Valley Paving Inc. adopted the, "Dependent Care Assistance Program (DCAP), which is a benefit that allows employees to pay for work -related child or dependent care expenses with pre-tax dollars. Resolution Ratifying Acts of Directors WHEREAS, it is in the best interest of the Corporation to ratify the acts of directors taken on behalf of the Corporation since the last ratification thereof, NOW, THEREFORE, IT IS HEREBY RESOLVED, that each and all resolutions, acts and proceedings of the Board of Directors of the Corporation heretofore made or adopted since the last shareholder's ratification of acts as evidenced by records in the minute book of this Corporation hereby are approved, ratified and made the acts and deeds of this Corporation. Done as of the day and year first above written. i iaA. Carron Office of the Minnesota Secretary of State Certificate of Good Standing i, Steve Simon, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: Minnesota Statutes, Chapter: Home Jurisdiction: This certificate has been issued on: uunuv� Valley Paving, Inc. 01/18/1979 3I-980 302A Minnesota 01/27/2016 PA�-- 0141"� Steve Simon Secretary of State State of Minnesota SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City_of New Hope. Minnesota (hereinafter called Owner) and Valley Pavina, 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: 2018 MSA Infrastructure Improvements. 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: 2018 MSA Infrastructure Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3,01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A, The Work will be substantially completed on or before August 31, 2018, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 31, 2018. 4.03 Dates for Milestones The following Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, will be completed by the following dates. All Work on Boone Avenue North between 36th Avenue N and 42nd Avenue N must be completed by June 29, 2018. All mill and overlay areas must be completed within 28 days of initial pavement milling. All work within the full pavement removal area on 36th Avenue N must be completed up to and including binder course bituminous pavement within 3 days of pavement removal. AGREEMENT FORM © 2018 Stantec 1 193803898 00 52 10 - 1 4.04 Incentives A. In the event that all specified Milestones and all specified completion dates as identified in Paragraphs 4.02 and 4.03 of this section are met, payment otherwise due in the Contract will be adjusted with a lump sum incentive payment of $10,000.00 via Change Order. Payment of the incentive will be made within 60 calendar days of the specified final completion date. B. Absolutely no adjustments in the completion date or completion requirements will be made for any reason in determining eligibility of incentives payment. 4.05 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4,01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows; A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Pnrnornph 9,07 of the General Conditions, B. Original Contract Amount is based on One Million, Fourteen Thousand, Two Hundred Ten Dollars and One Cent ($1,014,210,01) for the Total Base Bid, plus Alternate Nos. 1, 2, and 3. 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 AGREEMENT FORM © 2018 Stantec 1 193803898 00 52 10 - 2 provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: l . 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). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A, Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." AGREEMENT FORM © 2018 Stantec 1 193803898 0052 10 - 3 Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the Table of Contents of the Project Manual, 6. Drawings bearing the following general title: 2018 MSA Infrastructure Improvements. 7. Addendum Number 1. 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions, AGREEMENT FORM © 2018 Stantec 1 193803898 00 52 10 - 4 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2018 Stantec 1 193803898 0052 10 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on March 12, 2018 (which is the Effective Date of the Agreement). Owner: City of New �HgRe. Minnesota Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Designated Representative: Name: KIRK McDONALD Title. CITY MANAGER Address: ' 4401 XYLON AVE NO NEW HOPE, MN 55428 Phone: 763-531-5100 Facsimile: 763-531-5136 Contractor: Address for giving noti s: .�� rnn3� License No.: (Where Applicable) Designated Representa Name: Title: r 1 Address: ft?) [ l r-�v:; 0 Vey - Phone./ Facsimile: END OF SECTION 0 2018 Stantec 1 193803898 AGREEMENT FORM 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Valley Paving, Inc. 8800 13th Ave E Shakopee, MN 55379 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address of Principal Place of Business): North American Specialty Insurance Company 5200 Matcalf OPN111 Overland Park, KS 66202-1391 CONTRACT Effective Date of Agreement: March 12, 2018 Amount: $1,014,210.01 Description (Name and Location): 2018 MSA Infrastructure Improvements Project - City Project No. 999 BOND Bond Number: 2267979 Date (Not earlier than Effective Date of Agreement): March 15, 2018 Amount: $1,014,210.01 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Valley Paving Inc. (Seal) North American S ecialt Insurance Company _ (Seal) Contractor's Name and Cor ate Seal V Surety's Name and Corporate Seal By: By: Sig,kfure Signature (Attach Power of Attorney) Brent A.Carron Print Name c9eTresident Attest:Attest: Secretary Lin Ulven Print Name Attorney -in -Fact Title Signature Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performnnee Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paae 1 of3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 2 of 3 5.1 The responsibilities of Contractor for correction ol'defective Work and completion of the Contact; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be ]nailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other CIaims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. rkJN 11Nr V1crv1A11VN VNLY —(Nairn, Address and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN Owner's Representative (Engineer or other as ):Stantec Consulting Services, Inc. 2335 Hinhwav 34; WAQt St. Paul, MN 55113 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 3 or3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of Minnesota } ) ss County of sc-()tt ) On this 1 5th day of March 2018 before me appeared Brent A. Carron tome personally known, who, being by me duly sworn, did say that he/she is the uioppres }dent of Valley Paving, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors nd that said Bren A. Carron acknowledged said instrument to be the free act and deed ofAsifid corporation. i J. JOHNSON-KADRLIKARY PUBLIC - MINNESOTAmmissim Expires Jan. 31, 2020 State of Minnesota } } ss County of Hennepin } La Notary Public j �5 County, MN My commission expires 1 / 31 /2020 SURETY ACKNOWLEDGMENT On this 15th day of March 2018 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American Specialty Insurance 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 Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. SANDRA M. ENGSTRUM R NOTARY PUBLIC-MINNESOTA My Commission Exores January31,2021 PK- Notary Public Hennepin County, Minnesota My commission expires 1/31/2021 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company; a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R. W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFTIS, TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT, JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN J. OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGETT, R.C. BOWMAN, COLBY D. WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ml_ By tic 27— Steven n erson,Senior ice rest cnr o as ington mernotiona insurance Company rlr4y`ti. y & Senlor Vice President of North American Specialty Insurance Company rL +CJ�� & Senlor Vice President of Westport Insurance Corporation =S I ! fie S $y s�r�lP.:= Mike A. Ito, Son lor Vlce President of Was hingion Iulern ailonnl insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Wntporl insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th day of November .20 17 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 7th day of November 20171 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIClAt SEAL 14. KENhY l NOlary PUuk - Solo of 0151 ulis Myc IM)u'x'21'I'`t`s M. Kenny, Notary Public i I, Jeffrey Goldberg, the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of March 2018 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Valley Paving, Inc. 8800 13th Ave E Shakopee, MN 55379 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: March 12, 2018 Amount: $1,014,210.01 SURETY (Name, and Address of Principal Place of Business): North American Specialty Insurance Company 5200 Matcalf OPN111 Overland Park, KS 66202-1391 Description (Name and Location): 2018 MSA Infrastructure Improvements Project- City Project No. 999 BOND Bond Number: 2267979 Date (Not earlier than Effective Date of Agreement): March 15, 2018 Amount: $1,014,210.01 . Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Valley Paving, Inc. _ _ _ (Seal) North American Specialty Insurance Company (Seal) Contractor's >ame and C orate Seal Surety's Name and Car orate Seal By: - By: ature ]gnature (Attach Power of Attorney Attest: Brent A.Carron Print Name Secretary Title Lin Ulven Print Name Attorney -in -Fact _ Title �� P Attest: Signature SuretV Account Representative _ Title �r Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page ] of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond,,subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Nee 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be Iiable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN Owner's Representative((Engineer or other): Stantec consulting Services Inc. 2335 Highway 36 West St. Paul, MN 55113 EJCDC C-615 Payment Band (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paee 3 or3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of Minnesota ] ) ss County of Scott ) On this 1 5th day of March 2018 , before me appeared Brent A. Carron to me personally known, who, being by me duly sworn, did say that he/she is the sr_i-c-e Qr_esi dent of Valley Paving, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directo nd that said Brent A. Carron acknowledged said instrument to be the free act and dee fqbid corporatim.-- CAROL J.JOHNSON-KADRLIK Notary c County, MN NOTARY PUBLIC - MINNESOTA MyCommissbnEzgresJan, 31,MO My commission expires 1 /31_/2020 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 15th day of March 2018 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American Specialty Insurance 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 Un Iv n acknowledged said instrument to be the free act and deed of said corporation. SANDRA M. ENGSTRUM •.T- NOTARY PUBLIC -MINNESOTA Z +• My Commission Expires Notary Public Hennepin County, Minnesota January 31, 2021 - - My commission expires 1/31/2021 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R. W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOF IS, TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT, JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN J. OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGM, R C BOWMAN, COLBY D. WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." B 1�2— .'.c Slcretl n crsun, en or Vice President v as ng nn n erne ono Insurance Company ��tc�(�+ & Senior Vice President of North American Specialty Insurance Company ,b ! & Senior Vice President ofWestportInsurance Corporation l ? By Mike A. Ilo, Stnlor Vice President of wsihinglon International Insurance Company & Senior Vice Pre sldent of North American Specially Insurance Company li & Senior Vice President of Wcsipo rt Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th day of November 120 17 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 7th day of November 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL Y. KENNY Ncrary NN C - State td plbinis "`'r" u.1-0,1 p"" M. Kenny, Notary Public A I, Jeffrey Goldbergthe duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of March , 2018 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation ACC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COITNAMEA T KeII Grunerud Associated Benefits and Risk Consulting PHONE . 952-947-9700 FAX. NO),952-947-9793 ti000 Clear +aier Drive Minnetonka MN 55343 aDaAILEkell runerud assoclatedbrc.conl INSURER(S) AFFORDING COVERAGE NAIC 9 INSURED Valley Paving, Inc, & River City Asphalt, Inc. 8800 13th Avenue East Shakopee MN 55379 INSURER C : INSURER D : INSURER E : INSURER F : Insurance COVERAGES CFRTIFICATF Kit 111VIRFR• 41 rz-paaRi ir; DMIncinKI kit iaaD�o. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILIR TYPE OF INSURANCE AODL POLICY NUMBER NI00131YOLICY YYY pMRPOLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y EPP0448205 7/20/2017 6/1/2020 EACH OCCURRENCE $1,000,000 PREMISES Eacccurrenre $300,000 CLAIMS -MADE 7XOCCUR MED EXP (Any one person) $ 10.000 PERSONAL & ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRO- ❑ POLICY [X] JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2.000,000 $ OTHER: A AUTOMOBILE LIABILITY ANY AUTO Y Y EBA0448205 7/20/2017 6/1/2018 Ma 1 NED SIN LE LtMI accident 21,000,000 $ X BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Par acciden.0$ $ A X UMBRELLA LIAR X OCCUR EPP0448205 7/20/2017 6/1/2020 EACH OCCURRENCE $ 10,000.000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRi£TORrPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N / A EWC0448458 7/20/2017 6/1/2018 PERTE EOTH- X STATUR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE: $1.000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000,000 A Leased/Rented Equipment EPP0448205 7/20/2017 6/1/2020 Limit $700,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {(ACORD 101, Additional Ramarks Schedule, may be atttached If more apace Is requires!) g ation Automobile: alil abilAA 417 233 11/05/Blanket dditio a I ins edntrl utAA 41172 G910dd i 9 blank tor 0 Waiverr of Subrogation lete /IOperat U Umbrella and follows l anket underlying Insurance forms. City of New Hope, Minnesota 2018 MSA Infrastructure Improvements City Project Nos. 9991 Slantec Project No. 193803898 City of New slope 4401 Xylon Ave N New Hope MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): SURETY (Name, and Address of Principal Place of Business): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Attest: Print Name Title Signature Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party)_ EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal Attest: Signature (Attach Power of Attorney) Print Name Title Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Pate 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for i 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, j including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor i as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or ofher): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paue 3 of 3 _ This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC A11-111x C."W"-ENIIWIainc C11—A 1 ASCEAmerican Society of Civil Engineers x nuaii National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE I t. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www. acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents...................................................................... ............................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance.................................................................................................. .. 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ...................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders ...............................................................................................................37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety......................................................................................................... 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances........................................................,.............................................................. 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution... ......................................................................................................... 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract k Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 - 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. ' 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. I':uue 4 of 62 7205 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign' to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 7205 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract 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 j •. Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress 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; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work L _ (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to 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 stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Clain 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 pennitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract L Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 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 A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the Est of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. < B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee { identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to r purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract t ' Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance ,.. A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. t B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 {!5 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. 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 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract 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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments .will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1), it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. 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 if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 0072 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be 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 constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, 4 costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 i Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract ' Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at, the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or ,loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures:' 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract s Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, 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 through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. f B. Contractor shall afford each other contractor who is a party to such a direct contract, each t utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for llie reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. iogr 36 of 62 007205 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 flEl 05 9.07 Determinations for Unit Price Work A. • Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, 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 not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 M 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. W L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 a. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l .B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0 I.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.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 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 48 of 62 00 72 05 Mr C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03. C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 49 of 62 0072 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 1'agv 50 of 62 007205 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 written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 001205 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an i. Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and ` equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 007205 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been dainaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: ' 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 56 of 62 00 72 05 M certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment., 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due; 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, constiuction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and i . 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract L Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 M 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A.26 Add the following language at the end of the definition of Milestone: The mill and overlay paving milestone and Boone Avenue North milestones are considered complete when the following have been completed within each segment: All structures have been adjusted All curb replacement and patching is complete All wear course paving is complete All signing and striping is complete All restoration is complete The 36th Avenue North full pavement removal milestone is considered complete when the following have been completed: All bituminous base and wearing course is complete All temporary pavement delineators are in place All detour signing has been removed SC-1.01.A.44 Add the following language at the end of the definition of Substantial Completion: All work including final striping and restoration. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 1 ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Report prepared by American Engineering Testing, Inc., St. Paul, MN, dated July 18, 2017, entitled: "Report of Geotechnical and Pavement Engineering Services: 2018 Street Improvements - Boone Avenue N and 36th Avenue N, New Hope, Minnesota". E. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC-4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation and related coverages under Paragraphs 5.04.A.I and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 2 SC-5.06.A SC-5.06.A 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person Each Accident $1,000,000 $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 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: a. Owner b. Engineer Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. Add the following new item immediately after Item 5.06.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 3 9. Comply with the requirements of Paragraph 5.06.0 of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner SUPPLEMENTARY CONDITIONS © 2018 Stantec 1193803898 00 73 05 - 4 advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 5 Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly, files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 6 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.053 Amend the first sentence of Paragraph 10.053 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.053 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-1 1.01.A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 0 2018 Stantec 1 193803898 SUPPLEMENTARY CONDITIONS 007305-7 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-11.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC- 12.0I .0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27-percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 8 SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30-day period specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statute 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. 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193803898 00 73 05 - 9 This Page Left Blank Intentionally Bid Rigging NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll - free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOTs continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. This Page Left Blank Intentionally NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Pagel of 3 DEPARTMENT OF TRANSPORTATION NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective May 6, 2013 until May 6, 2016: Gary Francis Bauerly and his affiliates, Rice, MN Gary Bauerly, LLC and its affiliates, Rice, MN Watab Hauling Co. and its affiliates, Rice, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective September 17, 2014 until September 17, 2017: ■ Jeffrey Plzak and his affiliates, Loretto, MN ■ Laurie Plzak and her affiliates, Loretto, MN ■ Honda Electric Incorporated and its affiliates, Loretto, MN ■ Jeffrey and Laurie Plzak doing business as Honda Electric Logistics, and its affiliates, Loretto, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective January 12, 2015 until January 12, 2018: Marlin Dahl, Granada, MN Dahl Trucking, Elmore, MN Elmore Truck and Trailer, Inc., Elmore, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS December 8, 2015 Page 2 of 3 DEPARTMENT OF ADMINISTRATION As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF SUSPENSION Devos, Ltd. d/b/a Guaranteed Returns December 5, 2014 through December 31, 2099 Dean Volkes, Donna Fallon & Ronald Carlino 100 Colin Drive Holbrook, NY NAME DATE OF DEBARMENT Best Electric May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Best Used Trucks of Minnesota, Inc. Nov. 20, 2012 through Nov. 20, 2015 Jason W. Leas (eligible for reinstatement on Nov. 20, 2016) 635 Marin Avenue Crookston MN 56716 C & S Electric, Inc. May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Dahl Trucking Aug. 19, 2014 through January 12, 2018 Marlin Dahl 305 Highway 169 South Elmore, MN 56027 Elmore Truck and Trailer Repair, Inc. Aug. 19, 2014 through Jan. 12, 2018 Marlin Dahl (eligible for reinstatement on Jan. 12, 2019) 305 Highway 169 South Elmore, MN 56027 Groundscape Maintenance, Inc. February 19, 2015 through February 19, 2016 Rob Sievers (eligible for reinstatement February 19, 2017) 1160 County Road 83 Maple Plain, MN 55359 Honda Electric, Inc. July 24, 2014 through July 23, 2017 Jeffrey and Laurie Plzak (eligible for reinstatement on July 23, 2018) 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 McCaa, Webster & Associates, Inc. May 1, 2014 through April 30, 2015 Sammie McCaa (eligible for reinstatement on April 30, 2016) 2751 Hennepin Avenue South, 4301 Minneapolis, MN 55408-1002 MG Carlson Construction Company, Inc. Sept. 5, 2014 through October 5, 2015 Martin Gerald Carlson (eligible for reinstatement on April 5, 2016) 701 East First Street Fort Worth, TX 76102-3276 Ocuture, LLC Dec. 15, 2014 through Dec. 15, 2015 11930 Camby Park Drive (eligible for reinstatement Dec. 15, 2016) Houston, TX 77047 Ramco Heating and Air Conditioning March 11, 2015 through March 11, 201 Mark and Cheryl Ramquist (eligible for reinstatement March 11, 2017) 605 Ash Street Downing, W154734 NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS St. Cloud Lawn & Landscaping, Inc. Pat Murphy 10602 County Road 2 Brainerd, MN 56401 TAC Construction Solutions, Inc. Christina Woods 31767 Deacons Way Pequot Lakes, MN 56472 Watab Hauling Co. Gary Francis Bauerly 9695 Deer -wood Rd. NE Rice, MN 56367 December 8, 2015 Pave 3 of 3 February 20, 2015 through February 20, 2016 (eligible for reinstatement on Feb. 20, 2017) August 19, 2014 through August 19, 2016 (eligible for reinstatement on August 19, 2017) Jan. 14, 2013 through Jan. 14, 2016 (eligible for reinstatement on Jan. 14, 2017) Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: http:llww►�.twn.d.ad mi n.state. ntn.ttsldebarrcdr�;gart.asp. If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: http:/isani.gov. This list does not include preclusion actions taken by cities, counties or local authorities. Consult local authorities to ensure that contractors, subcontractors and materials suppliers are not currently suspended or debarred. This Page Left Blank Intentionally 7/13/2017 STATE FUNDED ONLY CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR I. INTRODUCTION A. Po HCK Statement. It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.' B. State Regulations Govern. This Contract is subject to the Minnesota Prevailing Wage Act', Minnesota Fair Labor Standards Act3, Minnesota Rules', Minnesota Department of Labor and Industry (MnDLI) Wage Decision(s), and the MnDLI Truck Rental Rate Schedule. C. Purpose. These provisions: (1) outline your obligations under state and federal laws, rules and regulations; (2) explain the requirements necessary to demonstrate compliance; and (3) explain the processes that the Department will undertake to ensure compliance. D. Questions or Resources. Please visit the Minnesota Department of Transportation (MnDOT) Labor Compliance Unit (LCU) website at: www.dot.state.mn.us/const/labor. II. DEFINITIONS Many of the terms used in these provisions are deigned in MnDOT's Standard Specifications for Construction,' unless defined below. A. Apprentice. A Worker at least 16 years of age who is employed to learn an apprenticeable trade or occupation in a registered apprenticeship program.6 B. Bona Flide.. Made or carried out in good faith; authentic.' C. Certified Payroll Report (CPR). A report comprised of two components; (1) a payroll report, and (2) a statement of compliance report.' D. Contractor. 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, or by Subcontract with the Prime Contractor, or by a further Subcontract with any other person or business entity performing Work.' E. Employer. An individual, partnership, association, corporation, business trust, or other business entity that hires a Worker.10 F. Fide Benefit. An employment benefit given in addition to a Worker's wages or salary." G. Independent Truck Owner/Operator (ITO). An individual, partnership, or principal stockholder TT 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.12 ' L Minn. Stat. 177.41 2 Minn. Stat. 177.41 to 177.44 3 Minn. Stat.177.21 to 177.35 ' Minn. R. 5200.1000 to 5200.1 120 5 MnDOTStandardSpecilicat€onsforConstruction,Section 1103 6 Minn. Slat.178.011,Subdivision 2 7 The AmeiicanHeritageCollege Dictionary,ThirdEdition, 2000 8 Minn. R. 5200.1106, Subpart la 9 Minn. R. 5200.1106, Subpart 2(D) Minn. Stat. 177.42, Subdivision 7 The American Heritage College Dictionary,ThirdEdition,2000 12 Minn. R. 5200.1106, Subpart 7(A) 1-A 7/13/2017 H. Journeyworker. A person who has attained a level of skill, abilities, and competencies recognized within and industry as having mastered the skills and competencies required for the trade or occupation. 13 I. Prime Contractor. An individual or business entity that enters into a Contract with the Department. 14 J. Subcontract. A Contract that assigns some obligations of a prior Contract to another party.15 K. Substantially In Place. Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited. 16 L. Total Prevailing Wage Rate. The sum of the prevailing hourly "basic" and "fringe" rate that is established in a Wage Decision, M. Truckin2 Broker (Broker),. An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do Work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided, and making payment to the providers for the services.17 N. Trucking Firm/Multiple Truck Owner (MTO). Any legal business entity that owns more than one vehicle and hires the vehicles out for services to Trucking Brokers or Contractors on public works projects.l a O. Truck Rental Rate Schedule. A document prepared by the MnDLI through a Contractor survey process that identifies the required hourly Total Prevailing Wage Rate and operating cost for various types of trucks that perform hauling activities (Work) under a Contract that is funded in whole or in part with state funds. 19 P. Wage Decision. A document prepared by the MnDLI through a Contractor survey process that identifies the required hourly basic rate of pay and hourly Fringe Benefits for various labor classifications that perform Work under a Contract that is funded in whole or in part with state funds. Zo Q. Work (Work). All construction activities associated with a public works project, including any required hauling activities on -the -site -of or to -or -from a public works project and conducted pursuant to a Contract, regardless of whether the construction activity or Work is performed by the Prime Contractor, subcontractor, Trucking Broker, Trucking Firm (MTO), ITO, independent contractor, or employee or agent of any of the foregoing entities.21 R. Worker Laborer or Mechanic). A Worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.22 III. APPLICATION & UNDERSTANDING A. Provisions & Prevailing Wye Rates AUplV. These provisions, along with the prevailing Wage Decision(s) that are incorporated into the Contract, apply to all Contractors contracting to do all or part of the Work.23 13 Minn. St at. 178.011,Subdivision 9 14 Minn. R. 5200.1106, Subpart 2(C) 15 The American Heritage College Dictionary, Third Edition, 2000 16 Minn. R. 5200.1106, Subpart 5(C) 17 Minn. R. 5200.1106, Subpart 7(C) 18 Minn. R. 5200.1106, Subpart 7(B) l9 Minn. R. 5200.1105 20 Minn. R. 5200.1020 to 5200.1060 zi Minn. R. 5200.1106,Subpart 2(A) zz Minn. R. 5200.1106, Subpart 5(A) 29 Minn. Stat. 177.44, Subdivision 1 2 - A 7/13/2017 B. Truck Rental Rates APPI . The Truck Rental Rate Schedule incorporated into the Contract applies to all hired trucking entities that perform covered hauling activities related to the project.14 C. Prevailing Wage Terms Must Be Included in All Contracts. The Prime Contractor is required to ensure that all subcontractors performing Work receive the Contract Wage Decision(s), Truck Rental Rate Schedule, and a copy of these provisions with their written Subcontracts, agreements and/or purchase orders." D. Responsible for Understanding All Requirements. Each Contractor is responsible for understanding all laws, rules, regulations, plans, and specifications that are incorporated physically, or by reference, into the Contract.26 E. E-Veri . For services valued in excess of $50,000, the Contractor certifies that as of the date of services performed on behalf of State, the Contractor will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work under the contract. The Prime Contractor is responsible to collect all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at httpl/www.mmd.admin.state.mn.us/doc/EverifySubCertFonn.doe. All subcontractor certifications must be kept on file with the Prime Contractor and made available to the State upon request. IV. VENDOR REGISTRATION Vendor IZe g i5 tratio tl Required. A Contractor that performs Work, supplies material, or product must be registered with MnDOT. The Contractor must complete and submit a vendor form27 to the MnDOT LCU28, along with all applicable documentation that is required. This registration process is separate and distinct from other state agency requirements. V. LABOR CLASSIFICATIONS A. Labor Classification Assig meat. A Worker must be paid at least the Total Prevailing Wage Rate in the same or most similar trade or occupation.29 To determine the appropriate labor classification for a Worker, a Contractor must refer to the Wage Decision(s) incorporated into the Contract, the labor classification descriptions for laborers and special crafts established in Minnesota Rules or the United States Department of Labor's Dictionary of Occupational Titles." B. Labor Classification Clarification & Disputes. A Contractor needing assistance in determining a labor classification must submit a Classification Clarification Request31 to the MnDOT LCU for a written decision. If the Contractor chooses to contest the classification assignment, it must provide written notice to the MnDOT LCU. The MnDOT LCU will forward the matter to the MnDLI for a final ruling. C. Performing Work in Multiple Labor Classifications. For Workers performing Work in multiple labor classifications, the Contractor must compensate at a minimum the Total Prevailing Wage Rate, and report the hours worked, in each applicable labor classification.31 VI. WAGE DECISION(S) & WAGE RATE(S) A. Applicability of a Highway and Heavy Wage Decision. A highway and heavy Wage Decision applies to a Worker that is engaged in a construction activity or performing Work to construct or maintain a highway or other public works project, such as a road, street, airport runway, bridge, za Minn, Stat. 177.44, Subdivision 3 zs MnDOT Standard Specifications forConstiuction, Section 1841 26 MnDOT Standard Specifications ForConstiuction, SLetion 1701 n w svw.dot sta lr.nn.uslcunst •labor/dommicnlsr Cun ref , cant ractorfvniQ 0 I G,pdfor w ww.dots fate am,us/co nst/lab or/docmrents/fonrs/ tnickvendorfonrp 0l 6.pdf 28Icusupport.dot@,state- ivin.us 29 M inn. Stat. 17 7,44. Subdiv ision 1 30 Minn. R. 5200.1101 and 1 102 and USDOL Dict ionary o f Occupational Titles 'L httpJ/www.dot.state.Ttin.uskonst/lkor(docunienis/Forms/c!assification-clarification-request.pdf " Minn- Stat. 177.44, Subdivision 1 3 - A 7/13/2017 power plant, dam or utility33 that is external to a sheltered enclosure (structure). This includes, but is not limited to, the following Work: site clearing; grading; excavating backfilling; paving; curbs; gutters; sidewalks; culverts; bridges; lighting systems; traffic management systems; installing of utilities out from an exterior meter; fuel islands; communication towers; or other activities similar to highway and/or heavy Work. B. Applicability of a Commercial Wale Decision. A commercial Wage Decision applies to a Worker that is engaged in a construction activity or performing Work to construct a sheltered enclosure (structure) with walk-in access for the purpose of housing persons, machinery, equipment or supplies.34 This includes, but is not limited to, the following Work: constructing foundations, aprons, stoops; framing walls; installing windows, doors, tiling, plumbing, electrical, HVAC systems; roofing; installing utilities into the building from an exterior meter. C. Pay According to Wage Decision(s). 1. Contract with One Wage Decision. If the Contract contains one Wage Decision, the Contractor must examine the Wage Decision and compensate the Worker at a minimum the Total Prevailing Wage Rate for the appropriate labor classification(s). 2. Contract with Multiple Highway/Heavy Wage Decisions. If the Contract contains multiple Highway/Heavy Wage Decisions, the Contractor must examine each Wage Decision and compensate the Worker, at a minimum, the Total Prevailing Wage Rate that is the greatest35 for the appropriate labor classification(s). 1 Contract with Highwav/Heavy and Commercial Wage Decision(s). If the Contract contains a Highway/Heavy and Commercial Wage Decision(s), the Contractor must first determine which Wage Decision is applicable to the Worker. The Contractor must then compensate the Worker, at a minimum, the Total Prevailing Wage, Rate for the appropriate labor classification(s). D. Must Pay Total Prevailing Wye Rate. A Contractor must compensate each Worker, at a minimum, the Total Prevailing Wage Rate(s) for all hours worked on the project for the appropriate labor classification(s).36 E. M iss ing Wage Rate. If a Wage Decision fails to include a wage rate for a labor classification(s) that will be utilized on a project, the Contractor must obtain a wage rate prior to furnishing an estimate, quote or bid. 37 1. Wage Rate__ Request. A Contractor must complete a Request for Rate Assignment form38 and submit it to the MnDOT LCU39 for processing. 2. No Contract Price Adiustmentt far Missing Wage hate. If MnDLI determines that a higher wage rate applies, the Department will not reimburse the Contractor. F. Salaried Worker. A salaried Worker is not exempt from these Provisions. A Contractor must convert the Worker's salary to an average hourly rate of pay by dividing the Worker's salary by the total number of hours Worked (government and non -government) during the pay period.40 A salaried Worker must be included on a CPR. G. lZedtiction in Standard Private Contractual Regular Rate of Pay Prohibited. A Contractor must not reduce a Worker's standard, contractual regular rate of pay when the prevailing wage rate(s) certified by the MnDLI is less.41 33 Minn. R. 5200.1010, Subdivision 3 J4 United States Department ofLabor All Agency Memorandum # 130 35 Minn. Stat. 177.44, Subdivision 4 36 Minn. Stat. 177.44,Subdivision 1 3' Minn. R. 5200.1030,Subpart 2a(C) 38 http://www.dot.state.mn.us/const/labor/docunvnts/fonus/request-for-rate-assignment.doe 391cusupport&i@state.mn.us 40 Refer to Appendix A 41 Minn. Stat. 181.03, Subdivision 1(2) 4-A 7/13/2017 H. Prohibited Payment Practices. A Contractor is prohibited from taking (accepting) a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid. I. Prohibited Deductions. No deductions, direct or indirect, may be made for the items listed below which when subtracted from wages would reduce the wages below Minnesota's minimum wage rate as established in section 177.2441 1. Uniforms. Purchased or rented uniforms or specifically designed clothing that is required by the Employer, by the nature of employment, or by statute, or as a condition of employment, which is not generally appropriate for use except in that employment. 2. Equipment. Purchased or rented equipment used in employment, except tools of a trade, a motor vehicle, or any other equipment which may be used outside the employment. The cost of the Worker's use of equipment used outside of employment, such as tools, a motor vehicle, cell phone, may be deducted only if an agreement between the Employer and employee existed prior to the deduction. 3. Supplies. Consumable supplies required in the course of employment. 4. Travel Expenses. Travel expenses in the course of employment except those incurred in traveling to and from the employee's residence and place of employment. VII. HOURS OF WORK A. Work Performed Under the Contract. A Worker performing Work is subject to prevailing wage for all hours associated with the Contract43, unless the Worker is exempt under state law.44 B. Wait Time Subject to Prevailing Wage, A Worker who is required to remain on the project and is waiting to Work because of the fault of the Contractor is considered "engaged to wait" and subject to prevailing wage for the time spent, unless the Worker is completely relieved of duty and free to leave the project for a defined period of time. VIII. FRINGE BENEFITS A. Funded Fringe Benefit Plan Criteria. In order for a funded Fringe Benefit (e.g., health/medical insurance, disability insurance, life insurance, pension, etc.) to be considered and creditable towards the Total Prevailing Wage Rate it must betas 1. a contribution irrevocably made by a Contractor on behalf of an Worker to a financially responsible trustee, third person, fund, plan, or program; 2. carried out under a financially responsible plan or program; 3. legally enforceable; 4. communicated in writing to the Worker; and 5. made available to the Worker once he/she has met all eligibility requirements. B_ Unfunded Frint_e Benefit Plan Criteria. In order for a unfunded Fringe Benefit (e.g., vacation, holiday, sick leave, etc.) to be considered and creditable towards the Total Prevailing Wage Rate it must be:41 1. reasonably anticipated to provide a benefit; f �.. 2. a commitment that can be legally enforced; 42 Minn. Stat.177.24, Subdivision 4(1-4) 43 Minn. Stat. 177.44, Subdivision 1 L_. 44 Minn. Stat.177.44, Subdivision 2 or Minn_ R. 5200.1106, Subpart 4 45 Minn. Stat. 177.42, Subdivision 6 46 Minn. Stat. 177.42, Subdivision 6 �y 5 - A 7/13/2017 3. carried out under a financially responsible plan or program; 4. communicated in writing to the Worker; and made available to the Worker once he/she has met all eligibility requirements. C. Fringe Benefit Contributions for Hours Worked. A Contractor that provides Fringe Benefits to a Worker must make contributions, not less than quarterly47, for all hours worked'48 including overtime hours, unless it's a defined benefit or contribution plan that provides for immediate participation and immediate or essentially immediate vesting (see subpart D2 of this section). D. Hourly Fringe Benefit Credit. An hourly Fringe Benefit credit toward the Total Prevailing Wage Rate must be determined separately for each Worker based on one or more of the following methods: Monthly, Quarterly or Annual Computation Methods. A Contractor must compute its monthly, quarterly or annual cost of a particular Fringe Benefit and divide that amount by the estimated total number of hours worked (government and non -government) during the time frame used.49 Typical plans that require monthly, quarterly or annual computations include but are not limited to: health/medical insurance, disability insurance, life insurance, vacation, holiday, sick leave and defined benefit or contribution pension plans that do not provide for immediate participation and immediate or essentially immediate vesting. Fringe Benefit Credit not Requiring Monthly, Quarterly or Annual Computation Methods. A defined benefit or contribution pension plan that allows for a higher hourly rate of contribution for government work (prevailing wage) than non -government (non -prevailing wage) will be fully credited only if the plan provides for immediate participation and immediate or essentially immediate vesting. E. Wages In Lieu of Fringe Benefits. A Contractor that does not provide full Fringe Benefits must compensate a Worker the difference between the Total Prevailing Wage Rate and the rate actually paid for the appropriate labor classification(s). The compensation paid is considered wages and subject to tax liabilities. 1. Overtime. The cash equivalent (wages paid) made in lieu of Fringe Benefits is excluded from the overtime calculation requirement, unless the cash equivalent (wages paid) is part of the Worker's standard straight time wage. F. Administrative Costs Not Creditable. Administrative expenses incurred by a Contractor in connection with the administration of a Bona Fide Fringe Benefit plan are not creditable towards the Total Prevailing Wage Rate. G. Federal, State & Local Fringe Benefit Credit Prohibited. No credit is allowed for benefits required by federal, state or local law, such as: worker's compensation, unemployment compensation, and social security contributions." IX. OVERTIME A. Overtime after 8 Hours perDay or 40 Hours per Week. A Contractor must not permit or require a Worker to work longer than the prevailing hours of labor unless the Worker is paid for all hours in excess of the prevailing hours at a rate of at least 1.5 times the hourly basic rate of pay.51 The prevailing hours of labor is defined as not more than 8 hours per day and more than 40 hours per week," 47 29 CRF, Part 5.5(a)(1)(i) 48 Government and n on -go vermnent W ork 49 Refer to Appendix B 50 Minn. Stat. 177.42, Subdivision 6 5 ' Minn. Stat. 177.44, Subdivision 1 and Refer to Appendix D 51 Minn. Stat. 177.42, Subdivision 4 6-A 7/13/2017 B. Wages in Lieu ofFringe Benefits Overtime. Wages paid in Lieu of Fringe Benefits must be paid for all hours worked under the contract. C. Multiple Labor Classifications and Overtime. A Worker employed in multiple labor classifications throughout a workweek must be compensated at the applicable labor classification overtime rate in effect during the hours worked in excess of 8 hours per day or 40 hours per week. D. Federal Fair Labor Standards Act (FLSA) and Overtime. A Contractor subject to the FLSA may be subject to additional overtime compensation requirements. X. PAYROLLS AND STATEMENTS A. Reporting. Each Contractor that is performing Work must submit a CPR(s) to the Department. 1. Payroll Report (Paper). Each Contractor performing Work must submit a paper (written) payroll report to the Department. The payroll report is available on the MnDOT LCU website.53 2. Statement of Compliance (Paper). Each Contractor's paper (written) payroll report must include a paper (written) "Statement of Compliance Form". The "Statement of Compliance Form" must: (1) state whether or not Fringe Benefits are provided to a Worker; (2) provide a description of each benefit, the hourly contribution made on behalf of each Worker, along with fund/plan information; and (3) a signature attesting that the payroll and Fringe Benefit information provided is truthful and accurate. 14 3. Electronic Reporting. If the Contract is subject to electronic reporting, each Contractor performing Work must submit a CPR(s) using the AASHTOWare, Civil Rights Labor (CRL) system. Refer to the Special Provisions DivisionS— "Electronic Submission of Payrolls and Statements" which is incorporated into and found elsewhere in the Contract for detailed requirements. B. Biweekly Payroll Reporting and Payment of Wages. A CPR(s) must be submitted no later than 14 calendar days after the end of each Contractor's pay period" to the Department. A Contractor must pay its employees at least once every 14 calendar days.56 C. Payroll Report Data. Each payroll report must include all Workers that performed Work and provide at a minimum the following information:57 1. Contractor's name, address, and telephone number. 2. State project number. 3. Contract number (if applicable). 4. Project number. 5. Payroll report number. 6. Project location. 7. Workweek end date. 8. Each Worker's name, home address, and social security number.51 9. Labor classification(s) title(s) and optional three -digit code for each Worker. s3 www.dot.state.mn.us/const/labor/certifiedpayroI1.htmI 54 Minn. R. 5200.110.6, Subpart 10 L. ss Minn. Stat. 177.43, Subdivision 3 56 Minn. Stat. 177.30 (a)(4) 57 Minn. Stat. 177.30 (a)(14) and Minn. R. 5200.1106, Subpart 10 58 Minn. R. 5200.1106,Subpart 10A & Minn. Stat. 13.355,Subdivision 1 jL 7-A 7/13/2017 10. Hours worked daily and weekly in each labor classification, including overtime hours, for each Worker. 11. Wage rate paid to each Worker for straight time and overtime. 12. Authorized legal deductions for each Worker. 13. Project gross amount, weekly gross amount, and net wages paid to each Worker. D. Prime Contractor to Ensure Compliance. The Prime Contractor must review the CPR(s) submitted by each lower tier Contractor and sign the "Statement of Compliance Form".59 The Prime Contractor must ensure that each lower tier Contractor's CPR(s) include all Workers that performed Work and accurately reflect labor classifications, hours worked, regular and overtime rates of pay, gross earnings for the project and Fringe Benefits.60 E. Retention of CPRfs). The Prime Contractor must keep its written CPR(s), including those of all lower tier Contractors, for three (3) years after the final payment is issued.61 F. Retention of Employment -Related Records. Each Contractor must keep employee records, including, but not limited to: Fringe Benefit statements, time cards, payroll ledgers, check registers and canceled checks62 for at least three (3) years after the final payment is issued.63 Other laws may have longer retention requirements. G. Detailed Earning Statement; At the end of each pay period, each Contractor must provide every Worker, in writing or by electronic means, an accurate, detailed earnings statement.64 H. Reports and Records Re guest. Upon a request from the Department, the Prime Contractor must promptly ftunish copies of CPR(s) for its Workers and those of all lower tier Contractors, along with ei1 +-re ated records doe�wment� and a r .eem,ents that the Department rnmirrlerg nereccani to upiCy iiie iiv , u , u ubavw�.v�.v t..+. .........., � determine compliance.61 XI. APPRENTICES, TRAINEES AND HELPERS A. Apprentice entice. An Apprentice will be permitted to Work at less than the prevailing basic hourly rate only if the Apprentice is: 1. Registered with the U.S. Department of Labor (DOL), Bureau of Apprenticeship and Training or MnDLI Division of Voluntary Apprenticeship.16 2. Performing Work of the trade, as described in the apprenticeship agreement. 3. Compensated according to the rate specified in the program for the level of progress.67 4. Supervised by a Journeyworker from the same company, in accordance with the program ratio requirements. 68 B. Ratio Requirement. If an approved apprenticeship program fails to define a ratio allowance, the first Apprentice must be supervised by a Journeyworker within the same trade or occupation. Any subsequent Apprentice must be supervised by an additional three Journeyworkers.69 59 MnDOT Standard Specifications for Construction, Section 1701 60 MnDOT Standard Specifications for Construction, Section 1801 61 Minn. Stat. 177.30 (a)(5) 61 Minn. R. 5200.1106,Subpart 10 " Minn. Stat. 177.30(a)(5) 64 Minn. Stat. 181.032 65 Minn. Stat.177.44, Subdivision 7; Minn. Stat. 177.33(a)(5) 66 Minn. R. 5200.1070, Subpart 1 67 Minn. R. 5200.1070, Subpart 1 and Refer to Appendix C 68 Minn. Stat. 178.036,Subdivision 5 69 Minn. Stat. 178.036,Subdivision 5 8 - A 7/13/2017 C. Failure to Comp!Comp!y with Apprenticeship Requirements. If a Contractor fails to demonstrate compliance with the terms established in this section, the Contractor must compensate the Apprentice not less than the applicable Total Prevailing Wage Rate for the actual classification of labor performed. 70 D. Trainee and Heber. A trainee or helper is not exempt from prevailing wage under state law. The Contractor must assign the trainee or helper a labor classification that is the "same or most similari71 and compensate the trainee or helper for the actual Work performed regardless of the trainee's or helper's skill level. XII. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS, AND FOREMAN A. independent Contractor. An independent contractor (IC) that is not an Independent Truck Owner/Operator (ITO), who is performing Work must be properly classified and compensated.72 The IC must submit a CPR(s) to the Department. If the IC does not receive an hourly wage, but instead a weekly, biweekly, monthly or quarterly distribution for performance, the IC must calculate its hourly rate of pay by dividing the weekly, biweekly, monthly, or quarterly company distribution by all hours worked during that time frame and report the information on a CPR. If necessary, the Department may request documentation from the IC to determine how the hourly wage rate was calculated.73 B. Owners, Supervisors and Foreman. An owner, supervisor, or foreman performing Work is subject to prevailing wage and must be properly classified, compensated and reported.74 XIII. TRUCKING A. Covered Hauling Activities. A Contractor must ensure that all Workers, including hired Trucking Brokers, MTOs and ITOs are paid the applicable Total Prevailing Wage Rate or truck rental rate for the following Work: 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 truck leaves the work site at some point.71 2. The delivery of materials from a non-commercial establishment to the project and the return haul to the starting location either empty or loaded.71 3. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments. 77 4. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment.78 5. The delivery of materials or products by trucks hired by a Contractor, subcontractor, or agent thereof, from a commercial establishment.79 The 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.80 i. ° Minn. R. 5200.1070, Subpart 3 Minn. Stat. 177.44, Subdivision 1 72 Minn. Stat. 177.44, Subdivision 1 7' Minn. Stat. 177.30(aX5), Mimi. Stat. 181.723 74 Minn. Stat. 177.44, $ubdivisim 1 75 Minn. R. 5200.1106, Subpart 3B(1) 76 Minn. R. 5200.1106, Subpart 3B(2) 77 Minn. R. 5200.1106, Subpart 3B(3) "Minn. R. 5200.1106, Subpart 3B(4) 79 Minn. R. 5200.1106, Subpart 3B(5) 80 Minn. R. 5200.1106, Subpart 313(6) 9-A 7/13/2017 B. Hauling Activities Not Sub'eet to Pre vailing Wage or Truck Rental Rates. A Contractor may exclude a Worker, including hired Trucking Brokers, MTOs and ITOs from prevailing wage or truck rental rates for the Work described in (1-2) of this section. However, this Work may be considered hours worked and subject to standard compensation pursuant to the Minnesota Fair Labor Standards Act. 1. 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.81 2. The delivery of oil offsite, as an example, to a Prime Contractor's permanent (commercial) asphalt mixing facility that is not to, from, or on the project Work Site.82 C. Repair, Maintenance & Waiting to Load Time. An ITO and MTO must be paid the truck rental rate for time spent repairing or maintaining the truck owner -operator's equipment, and for waiting to load or unload if the repair, maintenance, or wait time is the fault of the Trucking Broker, Contractor, its agent or employees.83 D. Month E3ad Truckinp_ Report. A Contractor that acquires the services of an ITO or MTO must submit a "MnDOT — MTO and/or ITO Month -End Trucking Report", and a "MnDOT — Month -End Trucking Statement of Compliance Form" to the Department for each month hauling activities are performed under the Contract. 84 The forms are available on the MnDOT LCU website.85 E. Broker Fee. A truck broker contracting to provide trucking services directly to a prime contractor or subcontractor is allowed to assess a broker fee. XIV. OFF -SITE FACILITIES A. Off -Site Facility Activities Subiect to Prevailing Wage. A Contractor must ensure that all Workers performing Work at a covered off -site facility are paid the applicable Total Prevailing Wage Rate for the following Work: 1. The processing or manufacturing of material at a Prime Contractor's off -site facility that is not a separately held commercial establishment. S6 2. The processing or manufacturing of material at an off -site facility that is not considered a commercial establishment.87 B. Off -Site FacHity Activities Not Subject to Prevailing Wage. A Contractor may exclude a Worker from prevailing wage for the following work: 1. The processing or manufacturing of material or products by or for a commercial establishment. sa 2. The work performed by Workers employed by the owner or lessee of a gravel or borrow pit that is a commercial establishment, even if the screening, washing or crushing machines are portable. 89 XV. SUBCONTRACTING PART OF THE CONTRACT S1 Minn. R. 5200.1106, Subpart 4(C) 82 J.D. Donovan, Inc. vs. Min ncsota DepartmentofTransportation, 878N.W.2d 1 (2016) 8.1 Minn. R. 5200.1106. Suflmn 8(A)(1) 84 Minn. R. 5200.1106, Subpart 10 85 1tt tp./Iwww.do l.stateann. us/const/labor/fonns.hun1 S6 ALJFindingsofFael.CoacltuionsofLaw,andRecoinmendation,Conclusions(7),Case #12-3000 -11993-2 37 Minn. Ci 5200.1 106.Subpart 3(A) "Minn. R. 5200.1106, Subpart 4(A) '9 Minn. R. 5200.1106, Subpart 4(13) 10-A 7/13/2017 L The Prime Contractor must include the Contract Special Provisions, Wage Decision(s) and Truck Rental Rate Schedule in all Subcontracts, agreements and purchase orders with lower tier Contractors.90 This requirement also applies to all lower tier subcontractors. XVI. SITE OF WORK REQUIREMENTS A. foster Board. The Prime Contractor must construct and display a poster board containing all required posters. The poster board must be accurate, legible, and accessible to all project Workers from the first day of Work until the project is one hundred percent (100%) complete.91 A poster board at an off -site location, or inside a construction trailer, does not meet this requirement. B. How to Obtain a Poster Board. The Prime Contractor may obtain the required posters and the necessary contact information that is required to be inserted on each poster by visiting the MnDOT LCU website.92 C. Employee Interviews. The Contractor must permit representatives from the Department or other governmental entities93 to interview Workers at any time during working hours on the project.14 XVII. CHILD LABOR A. No Worker under the Age of 18. No Worker under the age of 18 is allowed to perform Work on a Project Site, except pursuant to Section XVII B below.95 B. Parental Supervision. A Worker under the age of 18 may perform Work on a Project Site if all of the following criteria are met: 1. The Contractor (Employer) is not subject to FLSA. 2. The Worker is employed in a corporation owned solely by one or both parents. 3. The Worker is supervised by the parent(s). 4. The Worker is not working in a hazardous occupation.96 C. Removal of Minor from Project. The Engineer or inspector may remove a Worker that appears to be under the age of 18 from the Project Site until the Contractor or. Worker can demonstrate proof of age and compliance with all applicable federal and state regulations.97 XVIII. NON-COMPLIANCE AND ENFORCEMENT A. Case-by-C_ aS a Enforce ment. The Department has the authority to enforce the prevailing wage law on a case-by-case.98 B. Prime Contractor Responsible for Unpaid Wages. The Prime Contractor willbe held liable for any unpaid wages to its Workers or those of any lower tier Contractor.99 C. Enforcement Options. If evidence shows that a Contractor has violated prevailing wage requirements, or these Special Provisions, the Department may, after written notice, implement one or more of the following: 90 MnDOT Standard Specifications for Construction, Section 1801 9' Minn. St at, t77.44, Subtlivision 5 92 www.dot.stote.mn.LWeansViaboi;'pc)sterbomds 9' MnDLI, U.S. DOL„U.S. DeparimentorTialuportalion, Federal High way sAthninistration 94 MnDOT Standard Specifications For Construction, Section 1511 9s Minn. R. 5200.09I0. Subpart F; 29 CF R Part 5701(a)(ii) 96 Minn. R. 5200.0930, Subpart 4 97Minn, Stat. 181A.0$, Subdivision 4; MnDOT Standard Specifications for Construction, Section 1701 98 See International Union ofOperating Enginwri, Local 49v. MnDOT, No. C6-97-1582,1998 W L 74281, at *2 (Minn. App. Feb. 24, 1998) 99 MnDOT Standard Specifications for Construction, Section 1801 11-A 7/13/2017 1. Withholding Payment. The Department may withhold from the Prime Contractor payments relating to prevailing wage underpayments.'00 2. Non -Res Ponsible Contractor. The Department may reject a bid from a Prime Contractor that has received two (2) or more Determination Letters within a three (3) year period from the Department finding an underpayment by the Contractor to its own employees.101 3. Default, The Department may take the prosecution of the Work out of the hands of the Prime Contractor, place the Contractor in default, and terminate the Contract for failure to comply.'01 4. Suspension or Debarment. The Department may refer violations and matters of non- compliance by a Contractor to the Minnesota Department of Administration for suspension or debarment proceedings. "' 5. County Attorney. The Department may refer suspected criminal violations by Contractor to the appropriate local county attorney for prosecution.'04 6. Financial Penalties. Any Contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.105 A Contractor may be fined up to $1,000 for each failure to maintain records.'06 7. False Claims Act Violation. All required payroll and certification reports are legal documents; knowing falsification of the documents by a Contractor may result in civil action and/or criminal prosecution107 and may be grounds for debarment proceedings.'08 8. Compliance Order. The Department may request that MnDLI issue a compliance order to a Contractor for violations of the state prevailing wage law. If the Contractor is found to have committed a violation, liquidated damages and other costs may be assessed against the Employer.109 9. Private Right of Action. The Department may direct an employee to pursue a civil action in district court against its Employer for failure to comply with the proper payment of wages.10 If the Employer is found to have committed a violation, liquidated damages and other costs may be assessed against the Employer."' 10. Fringe Benefits; Misdemeanor. A Contractor that is obligated to deposit Fringe Benefit contributions on behalf of a Worker into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions is guilty of a gross misdemeanor or other violations under federal law. 112 100 MnDOT Standard Specifications for Construction, Section 1906 101 Minn. Stat.16C.285 102 MnDOT Standard Specifications for Construction, Section 1808 10' Minn. R. 1230.1150, Subpart 2(A)(4) 10' Minn. Stat. 177.44, Subdivision 7 105 Minn. Stat. 177.44, Subdivision 6 J06 Minn. Stat. 177.30(b) 107 Minn. Stat. 15C.02; , Minn. Stat. 161.315; Minn. Stat. 177.32; Minn. Stat. 177.43, Subdivision 5, Minn. Stat. 609.63 10' Minn. Stat. 161.315 and Minn. Stat. 609.63 109 Minn. Stat.177.43, Subdivision 6a u0 Minn. Stat. 177.27, Subdivision 8 11 i Minn. Stat. 177.27, Subdivision 10 L12 Minn. Stat. 181.74, Subdivision 1 12-A 7/13/2017 THE FOLLOWING APPENDICES ARE FOR EXPLANATORY PURPOSES ONLY. FOR SPECIFIC QUESTIONS, PLEASE CONTACT LCU.113 APPENDIX A SALARIED WORKER WAGE COMPUTATION Salaried Workers. In order to convert the Worker's salary into an hourly rate of pay, divide the employee's weekly, bi-weekly or monthly earnings by the total number of hours Worked (government and non -government), including overtime hours for the time period used. 114 $800.00 (weekly s alary) / 40 (total weekly hours) = $20.00 $1,600.00 (bi-weekly salary) / 80 (total bi-weekly hours) = $20.00 $3,200.00 (monthly salary) / 160 (total monthly hours) = $20.00 APPENDIXB FRINGE BENEFIT CREDIT Frin a Benefit Credit Calculation. The Employer contributes monthly ($600.00) for medical insurance on behalf of a Worker. In order to calculate the projected hourly credit that the Employer can take, the Employer should: (1) add the monthly contributions for each Worker, (2) multiply by twelve (12) months, and (3) divide the total cost of the benefit by the total hours worked (government and non-government)1's (see annual example below). Quarterly and monthly examples are also provided. Annual: ($600.00)x (12 months) = $7,200.00 ($7,200.00)/ (2080 hours) = $3.46perhourcredit Quarterly: ($600.00)x (3 months)= $1,800.00 ($1,800.00) / (520 hours) = $3.46 per hour credit Monthly: ($600.00) x (1 month) = $600.00 ($600.00) / (173 hours) = $3 47 per bout• credit End of Year Self Audit. At the end of the calendar year, the Contractor must conduct an audit to determine if the hourly fringe benefit credit taken for each Worker was accurate. The Contractor must calculate the total annual fringe benefits paid on behalf of each Worker and divide that amount by the total number of hours worked (government and non -government) by that Worker. If the hourly fringe benefit credit was less than what was reported on a CPR, the contractor must compensate the Worker the hourly difference, multiplied by the total hours worked under the Contract. APPENDIX C APPRENTICE RATE OF PAY State Requirements. The Apprentice must be compensated according his/her level of progress, which is expressed as a percentage of the Journeyworker wage that is established in the program. Journeyworker Wage Established in Program = $25.00 1 Apprentice Level of Pro gress = 60% • ($25.00) * (.60) = $15.00 113 1cusupp0rt.dot@stKcinn.usor (651)366-4238 114 United States Departmni of Labor Field Operation Handbook, Section l 5f08 us United States Department of Labor Field OpelationHandbook, Section 15f12 L- 1 - A 7/13/2017 APPENDIX D PREVAILING WAGE OVERTIME CALCULATION 0yerdme IIourIN, Rate of Pay. Here is the formula to calculate the required minimum overtime.116 OT = (PW * .5) + (HW) + (RF) + (F) Definition of OT Acronyms OT: overtime. PW: the basic hourly prevailing wage rate established in a federal and/or state prevailing Wage Decision. HW: hourly wage rate paid to a Worker. RF: remaining fringe, which means the difference between the Contract hourly Fringe Benefit rate and the actual hourly Fringe Benefit rate paid by the Contractor to a third party on behalf of a Worker. F: Fringe Benefit contributions that are bona -fide and contributed by an Employer to a third party on behalf of a Worker. The Total Prevailing Wage Rate for a Worker is $30.00, which is comprised of an hourly basic rate of $20.00 and an hourly fringe rate of $10.00. The table below includes various hourly basic and Fringe Benefit payments that a Contractor could potentially make to a Worker. OT CALCULATION FORMULA AND EXAMPLES OT = (P\N: * .5) + (1 N-N') + (kF) + () Hourly Fringe Payment To Employee Frnge Total Wage Benefits Pa me Patent Paid Paid (P V * .5) + (MN) + (RF) + ( 11' $ 20.00 $ 10.00 ($ 20.00 * .5) + ($ 20.00) + ($ 0.00) = $ 30.00 + $ 10.00 = $ 40.00 $ 18.00 $ 12.00 ($ 20.00 * .5) + ($ 18.00) + ($ 0.00) = $ 28.00 + $ 12.00 = $ 40.00 $ 22.00 $ 8.00 ($ 20.00 * .5) + ($ 22.00) + ($ 0.00) = $ 32.00 + $ 8.00 = $ 40.00 $ 30.00 $ 0.00 ($ 20.00 * .5) + ($ 30.00) + ($ 0.00) = $ 40.00 + $ 0.00 = $ 40.00 $ 24.00 $ 4.00 ($ 20.00 * .5) + ($ 24.00) + ($ 2.00) = $ 36.00 + $ 4.00 = $ 40.00 Regarding the last example the Contractor would be required to pay an additional $2.00 to the Worker, which is wages in lieu of fringe for a straight time hourly rate of $26.00 not $24.00. A Contractor subject to the Fair Labor Standards Act (FLSA) may be subject to additional overtime compensation requirements. 116 United States Department of Labor Field Operation Handbook, Section 15k 2-A NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473. Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1 This Page Left Blank Intentionally MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS W 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: 2017-10-30 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651)366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLl. Prc:y Wage @ state. ntii.0 s 01 / 2/2018 LABOR CODE AND CLASS LABORERS (101 - 112) (SPECIAL CRAFTS 701- 730) EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 101 LABORER, COMMON (GENERAL LABOR WORK) 2017-10-30 30.80 18.54 49.34 2018-05-01 31.65 19.64 51.29 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT 2017-10-30 30.80 18.54 49.34 JOURNEYMAN) 2018-05-01 31.65 19.64 51.29 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER 2017-10-30 22.17 14.89 37.06 AND NURSERY OPERATOR) 2018-05-01 23.02 15.99 39.01 104 FLAG PERSON 2017-10-30 30.80 18.54 49.34 2018-05-01 31.65 19.64 51.29 105 WATCH PERSON 2017-10-30 27.40 17.99 45.39 2018-05-01 28.25 19.09 47.34 106 BLASTER 107 PIPELAYER (WATER, SEWER AND GAS) 108 TUNNEL MINER 2017-10-30 22.08 6.87 28.95 2017-10-30 33.30 18.54 51.84 2018-05-01 34.15 19.64 53.79 2017-10-30 31.50 2018-05-01 32.35 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2017-10-30 31.50 FEET BELOW STARTING GRADE LEVEL) 2018-05-01 32.35 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND 01 / 2/2018 18.54 50.04 19.64 51.99 18.54 50.04 19.64 51.99 2017-10-30 30.80 18.54 49.34 IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 2018-05-01 31.65 19.64 51.29 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2017-10-30 29.95 17.49 47.44 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF -SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. SPECIAL EQUIPMENT (201- 204) 201 ARTICULATED HAULER 202 BOOM TRUCK 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO -FRAMED FORKLIFT (EXCLUDING FRONT, POSIT -TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 204 OFF -ROAD TRUCK 2017-10-30 16.28 4.07 20.35 2017-10-30 34.69 19.70 54.39 2018-05-01 36.04 20.30 56.34 2017-10-30 34.69 19.70 54.39 2018-05-01 36.04 20.30 56.34 2017-10-30 22.17 14.89 37.06 2018-05-01 23.02 15.99 39.01 2017-10-30 34.69 19.70 54.39 2018-05-01 36.04 20.30 56.34 01 / 2/2018 3 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP 2 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 2017-10-30 32.04 21.26 53.30 2017-10-30 35.54 19.70 55.24 2018-05-01 36.89 20.30 57.19 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 304 ALL CRANES WITH OVER 135-FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2017-10-30 34.99 19.70 54.69 2018-05-01 36.34 20.30 56.64 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 01 / 2/2018 4 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP4 323 AIR TRACK ROCK DRILL 2017-10-30 34.69 19.70 54.39 2018-05-01 36.04 20.30 56.34 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 01 / 2/2018 5 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUP 5 2017-10-30 31.65 19.70 51.35 2018-05-01 33.00 20.30 53.30 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO I YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 01 / 2/2018 6 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP 6 2017-10-30 30.44 19.70 50.14 2018-05-01 31.79 20.30 52.09 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING TRUCK DRIVERS GROUP 1 2017-10-30 30.65 16.60 47.25 2018-05-01 31.25 17.50 48.75 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2017-10-30 30.10 16.60 2018-05-01 30.70 17.50 46.70 48.20 01 / 2/2018 7 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2017-10-30 30.00 2018-05-01 30.60 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2017-10-30 29.75 2018-05-01 30.35 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER -TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 702 BOILERMAKERS 703 BRICKLAYERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 706 CEMENT MASONS 16.60 46.60 17.50 48.10 16.60 46.35 17.50 47.85 2017-10-30 43.90 23.05 66.95 2017-10-30 36.50 26.51 63.01 2018-01-01 37.85 26.51 64.36 2017-10-30 36.05 19.68 55.73 2017-10-30 37.20 19.94 57.14 2018-05-01 39.15 19.94 59.09 FOR RATE CALL 651-284-5091 OR EMAIL 2017-10-30 37.60 19.07 56.67 01 / 2/2018 8 707 ELECTRICIANS 2017-10-30 40.03 28.33 68.36 711 GROUND PERSON 2017-10-30 35.22 16.68 51.90 712 IRONWORKERS 2017-10-30 36.50 26.45 62.95 2018-05-01 38.50 26.45 64.95 713 LINEMAN 2017-10-30 42.18 17.82 60.00 714 MILLWRIGHT 2017-10-30 35.13 22.98 58.11 2018-05-01 37.08 22.98 60.06 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2017-10-30 37.50 20.24 57.74 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2018-05-01 39.25 20.24 59.49 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2017-10-30 37.20 19.94 57.14 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 2018-05-01 39.15 19.94 59.09 717 PIPEFITTERS . STEAMFITTERS 2017-10-30 44.84 26.15 70.99 719 PLUMBERS 2017-10-30 45.01 22.94 67.95 721 SHEET METAL WORKERS 2017-10-30 40.88 25.10 65.98 723 TERRAZZO WORKERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE_MN_US 724 TILE SETTERS 2017-10-30 31.76 23.29 55.05 2017-11-06 32.81 23.29 56.10 2018-05-01 34.76 23.29 58.05 725 TILE FINISHERS 01 / 2/2018 9 727 WIRING SYSTEM TECHNICIAN 728 WIRING SYSTEMS INSTALLER 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE (d,STATE.MNM 2017-10-30 37.82 15.83 53.65 2017-10-30 26.49 13.23 39.72 2017-10-30 30.83 17.61 48.44 2018-01-01 31.68 18.71 50.39 FOR RATE CALL 651-284-5091 OR EMAIL LI ' V WAQjEQ+ " 01 / 2/2018 10 DEPARTMENT OF LABOR AND INDUSTRY LABOR STANDARDS UNIT January 25, 2016 NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE DATE PURSUANT TO MINNESOTA RULES, PART 5200.1105 From April 6, 2015, to June 5, 2015, the Department of Labor and Industry (DLI) conducted a truck operational cost survey. On January 25, 2016, the Commissioner of DLI certified the minimum truck rental rates for highway projects in the state's ten highway and heavy construction areas for trucks and drivers operating "four or more axle units, straight body trucks," "three axle units," "tractor only" and "tractor trailers." The certification followed publication of the Notice of Determination of Truck Rental Rates in the State Register on November 16, 2015, and the informal conference held pursuant to Minnesota Rules, part 5200.1105 on December 3, 2015. According to Minnesota Rules, part 5200.1105, the purpose of the informal conference is for DLI to obtain further input regarding the proposed rates before the rates are certified. Approximately 8 individuals attended the informal conference. None of the attendees at the informal conference commented on the Determination of the Construction Truck Rental Rates or contacted the department with comments regarding the rates prior to the date of this Certification. Truck rental rates are determined by adding the certified prevailing wage driver rate in each region to the statewide operating cost survey data. The minimum hourly truck rental rate for the four types of trucks in each area is certified to be as follows: '3 Axle Units Effective Date Certified 607 Driver Rate Surveyed Operating Cost Determined Truck Rental Rate Region 1 Certification date $40.60 $37.35 $77.95 Region 2 Certification date $34.26 $37.35 $71.61 Region 3 Certification date $36.91 $37.35 $74.26 May 1, 2016 $38.36 $37.35 $75.71 Region 4 Certification date $40.63 $37.35 $77.98 Region 5 Certification date $43.65 $37.35 $81.00 May 1, 2016 $44.85 $37.35 $82.20 Region 6 Certification date $41.45 $37.35 $78.80 May 1, 2016 $42.90 $37.35 $80.25 Region 7 Certification date $36.91 $37.35 $74.26 May 1, 2016 $38.36 $37.35 $75.71 Region 8 Certification date $13.77 $37.35 $51.12 Region 9 Certification date $43.65 $37.35 $81.00 May 1, 2016 $45.10 $37.35 $82.45 Region 10 Certification date $13.77 $37.35 $51.12 4 or More Axle Units Effective Date Certified 604 Driver Rate Surveyed Operating Cost Determined Truck Rental Rate Region 1 Certification date $40.70 $50.82 $91.52 Region 2 Certification date $37.06 $50.82 $87.88 May 1, 2016 $38.51 $50.82 $89.33 Region 3 Certification date $37.06 $50.82 $87.88 May 1, 2016 $38.51 $50.82 $89.33 i Region 4 Certification date $23.88 $50.82 $74.70 Region 5 Certification date $28.17 $50.82 $78.99 Region 6 Certification date $41.55 $50.82 $92.37 May 1, 2016 $43.00 $50.82 $93.82 Region 7 Certification date $37.40 $50.82 $88.22 Region 8 Certification date $16.32 $50.82 $67.14 Region 9 Certification date $43.75 $50.82 $94.57 ` May 1, 2016 $45.20 $50.82 $96.02 1 Region 10 Certification date $16.02 $50.82 $66.84 Tractor Effective Date Certified 602 Driver Rate Surveyed Operating Cost Determined Tractor Only Truck Rental Rate Plus Trailer Operating Cost Determined Tractor Trailer Rental Rate Region 1 Certification date $43.90 $49.17 $93.07 $11.46 $104.53 May 1, 2016 $45.35 $49.17 $94.52 $11.46 $105.98 Region 2 Certification date $37.57 $49.17 $86.74 $11.46 $98.20 May 1, 2016 $39.02 $49.17 $88.19 $11.46 $99.65 Region 3 Certification date $27.10 $49.17 $76.27 $11.46 $87.73 Region 4 Certification date $24.45 $49.17 $73.62 $11.46 $85.08 Region 5 Certification date $26.27 $49.17 $75.44 $11.46 $86.90 Region 6 Certification date $39.45 $49.17 $88.62 $11.461 $100.08 Region 7 Certification date $27.55 $49.17 $76.72 $11.46 $88.18 Region 8 Certification date $37.57 $49.17 $86.74 $11.46 $98.20 May 1, 2016 $39.02 $49.17 $88.19 $11.46 $99.65 Region 9 Certification date $44.30 $49.17 $93.47 $11.46 $104.93 May 1, 2016 $45.75 $49.17 $94.92 $11.46 $106.38 Region 10 Certification date 1 $24.50 $49.17 $73.67 $11.46 $85.13 The minimum truck rental rate for these four types of trucks in the state's ten highway and heavy construction areas will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after the day the notice of certification is published in the State Register. Ken B. Peterson, COMMISSIONER NON -COLLUSION AFFIDAVIT The following Non -Collusion Affidavit shall be executed by the bidder: State Project No. Federal Project No. State of Minnesota ) ss County of _ I, (name of person signing this affidavit) perjury under 28 U.S.C. 1746 of the laws of the United States: (1) that I am the authorized representative of do state under penalty of (name of person, partnership or corporation submitting this proposal) and that I have the authority to make this affidavit for and on behalf of said bidder; (2) that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3) that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his/her employees or agents to any person who is not an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will not be communicated to any person who is not an employee or agent of the bidder or of said surety prior to the official opening of the proposal, and (4) that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed; (bidder or his authorized representative) 2018 SALT Schedule of Materials Control - Local Government Agency This Schedule of Materials Control (SMC) outlines the minimum testing requirements for State Aid Funded and/or Federal Aid Projects off the National Highway and Trunk Highway System. Optional to this SMC is the MnDOT Materials Control Schedule. Usage of either schedule must be defined in the project proposal. 1603.2 SAMPLING AND TESTING - INSERT INTO SPECIAL PROVISIONS The first paragraph is hereby deleted and replaced with the following: Sampling and testing of materials for this project will be in accordance with the State Aid for Local Transportation (SALT) "Schedule of Materials Control — Local Government Agency" (SMC-LGA). The SMC-LGA establishes the size of samples and the minimum rate of testing. The SMC-LGA references the 2016 and 2018 MnDOT Standard Specifications for Construction and does not set contract requirements for the material. The SMC - LGA serves as a guide for material testing with allowable acceptance "as directed by the Engineer" detailed in Specification 1501.1(1) - Authority of the Engineer. These testing rates are a minimum and additional tests may be taken at the Engineer's discretion. A minimal testing rate does not always ensure a quality product; field observations and attention to detail is crucial. Materials not listed on an approved products list may be sampled and tested as directed by the Engineer. Materials listed on a Qualified Products list may be accepted or tested at the discretion of the Engineer. Federal Aid projects require Independent Assurance Inspection. Contact the MnDOT District IA Inspector when the job starts to provide the proper servicing of your project. Definitions SALT Construction Website MnDOT Office of State Aid for Local Transportation. The SMC - LGA is located at the construction page under "Information & Resources - Materials". MnDOT Schedule of Materials Control Schedule of Materials Control (SMC) are inserted into project proposals to direct how materials are to be sampled. The SMC is updated yearly. Each SMC is project specific. Therefore, one needs to refer to their specific proposal. Approved Products List Products are"approved" when they have been found to routinely meet all applicable standards and specifications. The product is placed on the list based upon established successful manufacturer's quality control and warranties, but the listing may expire or require periodic renewal to verify the product has not changed over time. The approval process for the individual product should specify any expiration requirement. Qualified Products List Products are predicted to meet all applicable standards and specifications, but random sample testing is required to verify specific product lots meet specifications prior to usage. These products are generally considered to be "qualified" but not approved until tested for compliance. Successfully tested products lots are considered to be "approved". The approval process for the individual product should specify any further testing requirements for the product. Certified Sources Certified Sources must comply with each individual product's defined "certification procedure". Acceptance of products from certified sources follows the same sampling and testing as "qualified" products. Quality control (QC) :The activities performed by the Contractor/Producer that have to do with making sure the quality of a product or process meets the relevant contract requirements. Quality assurance (QA►) : The activities performed by the Department/Agency that have to do with making sure the quality of a product or process meets the relevant contract requirements. Verification Testing: Sampling and testing performed by the Department/Agency to validate the quality of the product per Title 23-Highways, Code of Federal Regulation 637.203. Part of QA. 2018 SALT Schedule of Materials Control - Local Government Agency Material Acceptance Summary LOCAL NO. I� SAP/SP NO. Bid Item # Item Description Qualified Product List Approved Product List Certificate a Compliance Accepted by Engineer* 2105.604 Geotextile Fabric Type VI -A 2105.604 Soil Stabilized Geogrid 2357.606 Bituminous Tack Coat 2357.606 Bituminous Tack Coat Shoulder 2511.504 j Geotextile Filter Type IV 2433.607 1 Cement Grout 2411.604 Modular Block Retaining Wall 2573.502 1 Silt Fence - MS 2573.505 Floatation Silt Curtain, still water 2573.505 Sediment Control Log - wood fiber 2574.508 Fertilizer type 3 & 4 2575.502 Seed Mixtures 2575.523 Erosion Control Blankets CAT 3 2575.560 Hydraulic Bonded Fiber Matrix 2575.571 Rapid Stabilization Method 3 2580.603 Interim Pavement Marking 2582.603 Pavement Marking Special * Items not included on the Approved Product List or the Manufacturer's Certifications have not been received are hereby, accepted by the Engineer. Materials on a Qualified Products list which have not been tested at the discretion of the Engineer are hereby accepted. signed: Project Engineer Date 2018 SALT Schedule of Materials Control - Local Government Agency LOCAL NO. Material Acceptance Summary SAP/SP NO. Bid Item # Item Description Qualified I Approved I Certificate of Accepted by Product List I Product List I Compliance Engineer* F Items not included on the Approved Product List or the Manufacturer's Certifications have not been received are hereby accepted by the Engineer. Materials on a Qualified Products list which have not been tested at the discretion of the Engineer are hereby accepted. signed: Project Engineer Date 2018 SALT Schedule of Materials Control - Local Government Agency BITUMINOUS QUALITY MANAGEMENT The Contractor shall provide and maintain a quality control program as detailed in Specification 2360.2.G The Engineer shall review the quality control program for compliance. Contractor / Type of Test Spec Section producer - QC Agency - QA (1) Testing Rates Testing Rates Bulk Specific Gravity 2360.2.G.7.b Maximum Specific Gravity 2360.2.G.7.c 1 test per 500 tons (3) 1 Verification Air Voids (calculated) 2360.2.G.7.d ° .. v 55 lb. sample 3 full cylinder Mixture Sample Asphalt Content 2360.2.G.7.a Adj. Asphalt Film Thickness (AFT) 2360.2.E.7.e IM c molds test per day, all o Verification �' o Gradation 2360.2.G.7.f samples are from a) N a split (QC/QA) Fines to Effective Asphalt Ratio calc'd 2360.2.G.7.a/f sample. Coarse Aggregate Angularity (CAA) 2360.2.G.7.g 1 test per 1000 Fine Aggregate Angularity (FAA) 2360.2.G.7.h tons (4) (5) (6) Added AC/Total AC Ratio (calc'd) 2360.2.G.7.a Bulk Specific Gravity 2360.2.G.7.b Maximum Specific Gravity 2360.2.G.7.c 1 test per 1000 (3) 1 Verification Air Voids (calculated) 2360.2.G.7.d tons 55 lb. Mixture Sample Asphalt Content 2360.2.G.7.a sample 3 test per day/ mix N 16 m tali cyiii�der iiiolds type, submit Adj. Asphalt Film Thickness (AFT) 2360.2.E.11.e companion to the Gradation (minimum of 1 per day) 2360.2.G.7.f QC -CAA &FAA Added AC/Total AC Ratio (calculated) 2360.2.G.7.a test results. ~ Coarse Aggregate Angularity (CAA) 2360.2.G.7.g (4) (5) c Fine Aggregate Angularity (FAA)2360.2.G.7.h (4)(6 ) o TSR 2360.2.G.7.i When directed by the Materials a Aggregate Specific Gravity 2360.2.G.7.j Engineer Mixture Moisture Content 2360.2.G.7.k As directed by the Engineer Asphalt Binder Certified Supplier 2360.2.G.7.1 (7) (1qt. Steel container for asphalt binder. 1/2 gal. plastic container with wide screw Asphalt Emulsion Certified Supplier 2357 top for emulsion) Compaction / Density Requirements 2360.3.D Review special provisions Small Quantity Requirements < 300 tons per day. See 2360.2G.5 & 2360.3G Agencies using MnDOT Metro Inspection Services will a sampled at the current MnDOT Schedule of materials Control Rates and will be billed accordinFty. NOTES Testing rates are minimums, additional testing is encouraged to ensure a quality product (1) Review Special Provisions & 2360.2.G Mixture Quality Management. (2) The testing rates apply only to mixtures that have not been tested on previous projects in the current year. (3) Companion Sample should be collected from each QC sample. Submit one per day for Verification Testing. (4) The Contractor will retain the extracted gradation samples in containers with field identification numbers for a period of 10 calendar days. The Engineer will identify which extracted gradation sample is the Verification Companion Sample and whether it is to be tested for coarse and fine aggregate angularity. (5) At start-up or new Mix Design: 2 tests per day for a minimum of 2 days, then 1/day if CAA is met. If CAA > 8% of requirement, 1 sample per day but test 1/ week. No testing reqd for Class A and B Aggregates. (6) At start-up or new Mix Design: 2 tests per day for a minimum of 2 days, then 1/day if FAA is met. If FAA > 5% of requirement, 1 sample per day but test 1/week. (7) Shall be a Certified Supplier - No Samples Required unless otherwise directed by the Engineer 2018 SALT Schedule of Materials Control - Local Government Agency BITUMINOUS SPECIALTY ITEMS Contractor/Producer - QC Type of Test Spec Agency- QA Testing Rates Testing Rates Gradation 2363 3139.3 1 per 1,000 Ton with a minimum 1 per day. 1 per day. 35 lbs. PASSRC & PASB 2354 Stockpile: 1/1,500 Tons (min 1/day) Stockpile & Machine Micro -Surfacing 3139.5 Machine Hopper: 1/500 Ton (min Hopper: 1/day 1 /day) 30 lbs. Seal Coat, Underseal & 2356 Stockpile: 1/1,500 Tons (min 1/day) Otta Seal 3137.213 Chip Spreader Hopper: 1/day 1/day from Hopper. 30 lbs. % Crushing - CAA 2363 3139.3 1 per 1,000 Ton with a minimum 1 per day. 1 per day from gradation test. 35 lbs. PASSRC & PASB Moisture / Aggregate 2354 3139.5 Machine Hopper: 1/500 Tons (min 3/day) 1/day 2lbs Micro -Surfacing Sand Equivalence 2354 1/day test at Engineer discretion, 25 lbs. Micro -Surfacing Flakiness Index 2356 Sample taken from first load on first Agency will test at their discretion, Bituminous Seal Coat & day, submit to Agency: 30 lbs. see Lab Manual 1223 Bituminous Underseal Bituminous Mixture 2353 3151.2G 1/300 Tons, min 1/day. %AC, Gradation, Max SpG, Adj.AFT 1/day, 20 lbs. 1 cylinder from truck box. UTBWC PASSRC & PASB 3151 2363 Asphalt spot check: min 1/day - Stone Matrix Asphalt - Tests, %AC,gradation,Gmm,Gmb, SMA Voids, VMA,CAA, Draindown,VCA, Tests: %AC, Gradation, fines/effective asphalt. Gmm,Gmb,Voids,VMA,CAA,VCA, Lab Manual 1203, 1204, 2365 Rate,(1/1000 tons, min.1/day)Agg fines/effective asphalt. Agency is 1205, 1211, 1214, 1806, SpG, mix moisture, TSR to be tested not required to do draindown. Copy 1807, 1808, 1813, 1853, as directed by Engineer. MDR to Project Engineer and 1854, 1855, Al SP-2 Submit companion 1 per day to Grading & Base Enginner. AASHTO T305 agency: 3 full 6" by 12" cylinders Asphalt Binder Tests Asphalt_ Emulsion List Asphalt Binder List UTBWC 2353 3151 Shall be a Certified Supplier - No Samples Required unless otherwise directed by the Engineer Micro -Surfacing 2354 Asphalt Binder: First load, then 1/250,000 gallons. Seal Coat, Underseal & Otta Seal 2356 Sample size of 1 quart metal container. Emulsified Asphalt: First load, then 1/50,000 gallons. Tack Coat 2357 Sample size of 1/2 gallon wide screw top plastic container. PASSRC &PASB 3151 Asphalt Binder Rate 2354 Verify Application Rate 3/day Verify Application Rate 1 /day Micro -Surfacing Fog Seal 2355 Verify Application Rate 1/day Verify Application Rate 1/day Seal Coat, Underseal & Otta Seal 2356 Bit Tack Coat 2357 Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency Cold Inplace Recycling (CIR) & Stabilized Full Depth Reclamation (SFDR) Specification 2215 contractor/Producer QC Agency QA Testing Gradinq & Base Test Type Testin Rates Rates Manual/Form Gradation SFDR (Simple) Run gradation at the .215 / 101 Pre -ground un-stabilized 1 per mile - report sieves 2" & 3" discretion of the Engineer report sieve 2" & 3" material Gradation (Entire) One per day, give split sample Run gradation at the .215 1.25", 1", 3/4", 3 sieve .215 / 101 report sieve 2", 1 /4 2", (Material to be stabilized) to the Engineer discretion of the Engineer #, # 0. Gradation (Simple) 1 per mile for SFDR & CIR w/o Run gradation at the .215 & .293 / 101 report (Material to be stabilized) top size screening. 4 / mile for discretion of the Engineer sieve 2 & 1.5 for SFDR, CIR with top size screens. 1.5" and 1.25" for CIR 1 per 1,000' /machine width for Depth Check - Unstabilzed each vertical machine face for 1 per day .284 / 401 and Stabilized initial pulverization and stabilization. SFDR: Moisture during 1/6,000 sq. yd.tolerance on .245 Speedy tester not compaction of unstabilized optimum moisture from target.? none allowed. portion Penetration Index (DCP) - 1 per 1/2 mile lane mile 1 per lane mile .255 / 205 SFDR only Unstabilized. Calibrate: mineral stabilizing agent application Once using design rate per Observe contractor .286 or .287 vane feeder. calibration rate. 1 per 5,000 feet of lane of daily Moisture: before injecting anticipated SFDR & one after the addition of water by the none .281 / 105 liquid bituminous material Contractor or mechanical drying out (disking, etc). Yield: Mineral Stabilizing Agent and/or Liquid 1 per transport load each type 1 per day each type .286 & .287 / 402 & 403 Bituminous Material Compaction: Nuclear density for SFDR stabilized 1 per 500 feet of lane width, Observe the Contractor. 282 and CIR (see note below). Control Strip: SFDR Minimum of once per project Observe the Contractor. Stabilized and CIR Shall be a Certified Supplier - Bituminous Material none No Samples Required unless 1 quart each sample Samples otherwise directed by the Engineer. Mineral Stabilizing Agent none 1 sample none Samples Foaming asphalt checks 1 per load p Observe the Contractor 285 expansion ratio & half life once per day. Moisture (stabilized) - before placement of next none 3 daily after compaction. Grading & Base Manual layer during curing. Note: The Engineer may require a Contractor to perform additional nuclear density tests in areas that the Engineer believes are failing density requirements. 2018 SALT Schedule of Materials Control - Local Government Agency GRADING AND BASE CONSTRUCTION ITEMS 1 of 3 Material Type Spec.* Contractor / Producer QC Minimum Required Agency QA Testing Verification Testing Testing Rates Rates Sample Aggregate Surfacing 2118 > 250 CY or 500 Tons and < 2000 CY or 4000 2211.5 1 / 1,000 CY tons. Material is a minimum of one lot. Test two Aggregate Base 2211 (CV) stockpile random samples from each lot and average. 2211.5 gradation only Shoulder Base 2221 required for > 2000 CY or 4000 Tons. Divide into lots with lot 1/source Aggregate 2211.11.5 materials on size no greater than 2000 CY/4000 Tons. Test 30 lb. co hand. Spec two random samples from each lot and average. 06 Drainable Aggregate 2212 1906.2 N Base (OGAB & DSB) 3136 Determine individual results and lot averages for a compliance (Table 2211-4 & 2211-5) 0 z Granular and Select 1/10,000 CY - a) Granular Material 3149.2B req'd for mat'I on 1/source (borrow/embankment) hand, Spec 1140,000 Cubic Yards - Compacted Volume - CV 30 lb. Stabilizing Aggregate 3149.2C 0) 1906.2 Reclamation lam Test at Engineer's discretion. Look for oversize c 3135.28 None FDR, after the motor grader has overturned the None material. CU Granular Filter 3601.2E co Backfill Materials 3149.2D Granular Bedding 3149.2E 1/source - Aggregate Bedding 3149.2G before delivery 1/ source 1/source 30 on the project. lb. Coarse Filter Agg. 3149.2H Filter Aggregate 3149.2J Sand Cover 3149.2K Non -Granular None 1 per major soil, subgrade preparation specified 1 sample 0 Material per 2105.3F density requires 100% of proctor density. 25 lb. a` 0 2105 2106 0 AGENCY TESTING: Roadway Embankment: One test per 4,000 yd3 (CV) or if U `~ � Non -Granular 3149 test rolled One test per 8,000 yd3 (CV), Transverse culverts & Abutments: 1 Material per 2105.3E test per every 2 feet of fill per 250' of trench length. Structures Trenches: One test/500 feet of each structure length at various depths. Subgrade Preparation: One per 25 road stations. Aggregate Base 0 3138 1 DCP tests per 500 yd3 (CV) or 1 per 900 Tons. If Shoulder Base 2211.3C test rolled, 1 test / 1,000 yd3 (CV) or 1,800 Tons. Aggregate None None Reclamation 3135.26 1 DCP test per 3,000 yd2 * a FDR & SFDR 2215.2C — U o Granular Materials AGENCY TESTING: Roadway Embankment: One test per 2,000 yd3 (CV) or if Subgrade test rolled One test -per 4,000 yd3 CV , Transverse culverts & Abutments: 1 Preparation (for 3149.213 test per every 5 feet of fill per 250' of trench length. a- materials meeting Structures Trenches: One test/500 feet of each structure length at various 3149.281) depths. Subgrade Preparation: One per 25 road stations. The Grading and Base Manual allows the nuclear dei isity gauge,see paqes 58 and 81. 2018 SALT Schedule of Materials Control - Local Government Agency GRADING AND BASE CONSTRUCTION ITEMS 2 of 3 Contractor / Minimum Required Agency QA Testing Verification Material Type Spec.* Producer QC Testing Testing Rates Rates Sample *Aggregate Base, o Shoulder &Surfacing 3138 None 1 / 1,000 d3 u to 10 Maximum y p Drainable Aggregate o a a Z Base (OGAB & DSB) None o U °� Reclamation 3135.2E None 1 / 10,000 yd3 U -0 All Embankment 3149 1/10,000 yd3 up to 10 Maximum o Materials 2105 None Subgrade 1 per 25 road stations Preparation c C: 1 required for 1/ source unless directed by Engineer, (required 1/source a) — Particle Count mat'I on hand, for 3138.2B & C, 3149.2C & G1, 3136.2B 301b a v ( see note 1) Spec 1906.2 Drainable Bases). is Aggregate Quality 3138 3149 1 required for mat'I on hand, 1/source unless directed by Engineer 1/source a Tests 3601 Spec 1906.2 301b a a Reclamation �1'1r 9R 1/1,000 feet of 1 per day unless directed by Engineer Q) v FDR - -- machine width. C: As directed by the Engineer the contractor will perform test rolling at the top of all o Test Rolling subgrade, base layers (2211), non stabilized FDR (2215) and granular layers not IY (as directed in the 2111 meeting the requirements of 3149.262 (2105 & 2106). Minimum 12' width and n a) special provisions) 300' length. Agency to observe test rolling. See G & B Manual 5-692.270. Laboratory Samples are companion sfit saml2les to the QA sample: -- Companion gradation, proctor, QA crushing, aggregate quality samples not required 1,000 tons or less. -- Include the laboratory companion with the first field sample. -- Include the field sample results with the laboratory sample. -- Laboratories with AMRL Accreditation are not required to submit laboratory companion samples. -- Carbonate aggregate materials require 50 lb. samples for the laboratory testing. NOTE 1: Percent crushing test is not required when the material is crushed from a quarry or contains 25% or greater recycled materials. NOTE 2: Submit a laboratory companion to the first Acceptance Gradation sample for a bituminous extraction, see 3138.2C. Full Depth Reclamation samples are not required. NOTE 3: The Certification of Aggregates and Granular Materials procedure and documentation of testing locations is at the discretion of the Engineer. NOTE 4: For quality compaction per spec 2105.3F2, test at Engineer's discretion. * Review the Special Provisions. For granular materials, aggregate compaction will be by the "Penetration Index Method" unless otherwise designated in the plans or Special Provisions. Other compaction methods include the "Specified Density Method" (sand cone), "Quality Compaction Method" or "Light Weight Deflectometer Method. See 2211.3.D.2 Compaction. The Grading and Base Manual allows the nuclear density gauge, see pages 60 and 65. Conversions: 1 ton = 0.55 yd3 (CV), 1 ton = 0.7 yd3 (LV), 1 yd3 (CV) = 1.8 tons. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. Samples are not required for less than 500 tons (250 CY). 2018 SALT Schedule of Materials Control - Local Government Agency GRADING AND BASE CONSTRUCTION ITEMS 3 of 3 Guidelines for Required Crushing & Aggregate Quality Tests 3149 Granular Materials 3138 Aggregate for Surface and 3136 Drainable Bases Base Yes, for Stabilizing Aggregate, Yes, for Class 5, 5Q & 6. Test Fine Aggregate Bedding and waived if material contains Medium Filter Aggregate. recycled at twice the minimum Crushing Test waived if material crushing requirement. Yes. Not required for quarried sources. contains recycled at twice the Not required for quarried minimum crushing sources. Class 2 must requirement. contain 100% crushed quarry Not required for quarried rock. sources. Bitumen Content Yes, if it contains Bitumen Yes, if it contains Bitumen Not applicable Yes, if source is carbonate LAR Not applicable quarry and does not contain Yes bitumen. Insoluble Yes, if source is carbonate Yes, if source is carbonate Residue quarry and does not contain quarry and does not contain Yes, if source is carbonate quarry. bitumen. bitumen. Litho Exam Yes, for Medium Filter Yes, for Class 3, 4, 5, 5Q & 6, & Shale Aggregate when not from quarried rock, and Yes, when not from a quarried source. Float Test does not contain bitumen. Click here for testi n-q erocedures in the Gradinc a &Base Manual. Forms and worksheets at the Grading & Base Website. Gradation worksheets at the SALT Construction Website 2018 SALT Schedule of Materials Control - Local Government Agency CERTIFIED READY -MIX CONCRETE, 1 of 3 The Prime Contractor is responsible to assure that all ready -mix concrete used is produced by an annually Certified Ready -Mix plant as detailed in Specification 2461.31'. Material Test Type Contractor / Producer QC Testing Rates Form, Spec. Concrete Manualli when > 20 cy agency concrete produced per day. For all JMF's (2461.2F.1.d) & bridge deck mix designs requires 1 per bridge gay or 1 per 400 yd3, whichever is greater. For all other mix designs: 2406.2 1 or 2 days per week requires 1 per week or 1 per 400 yd3, 2411.2 whichever is greater. 3 or more days per week requires 2 per week 2461.2 Gradation or 1 per 400 yds3, whichever is greater. If weekly Agency production 2461.3 (5-694.148) < 400 cy take a second sample on or after third day of production. general 69 Bridge Deck Concrete must have passing gradations prior to mixing. 2301 ** 3126313 , 3137 2452.2 Agency QA Testing Rates (1) Verification -companion to QC 2461.2 Coarse & Fine: a minimum of 1 per week per ready -mix plant*. 2461.3 2506.2 2511.2 � Concrete Agg. Moisture Content QC rates: 1 every 4 hours QA rates: None 2514.2 0 (5-694.142) Work Test Type Agency QA Testing Rates (1) 2520.2 sheet, 2521.2 o Agg' Minimum of 1 per project per each fraction - use of MnDOT test 2531.2 a Aggregate Quality results for the same 30 day time period is acceptable. For bridge_ - Grad. Grad. Contr 2533.2 E (5-694.146) concrete: 1 test each fraction per month. For all bridge deck Charts, 2545.2 13- concrete poured during the month: Test monthly quality to 3137.2D2 R-M 2554.2 o Coarse Aggregate for each coarse aggregate fraction. Designate 3137.2D2 on the Plant QC 2557.2 (% Passing 200) sample card. Gradation results will be included with the monthly workbook 2564.2 p (5-694.146) quality tests. 2565.2 U Minimum Aggregate Sample Size *companion required, double sample size Aggregate Size Gradation* Quality* Moisture % -200 C.Agg 3/4" Plus, #4 25 lb. 50 lb. 2000 g 12 lb. 3/4" Minus, #67 10 lb. 30 lb. 2000 g 6 lb. #7, CA-70 6 lb. 30 lb. 2000 g 6 lb. CA-80, #89 1.1 lb. (500 g) 30 lb. 500 g 500 g Fine Aggregate 1.1 lb. (500 g) 30 lb. 500 g - Sampling Locations for Air, Slump Temperature and Cylinder Testing First load each day per mix - Take sample after discharging approximately 1/4 yd3, stop further discharge until both slump and air content test are completed. The first load of rn concrete must have -passing air content and slumo prior to placement, Cast strength specimens from the same load as the air content and slump test. Test whenever adjustments are made to the mix. C: Subsequent tests - Sample from the middle 2ortion of the load. 2448 Test Type Agency QA Testing Rates (1)Week o Concrete Air Content - Type 1 test per 100 yd3. Test first load each day per mix. Test when ILL3 Concrete adjustments are made to the mix. Report N (5-694.541) Test first load each day per mix, then as necessary to verify U Slump passing slump. For Bridge Concrete: 1 test per 100 yd3. No testing (5-694.531) required for slip form placement. Air and Concrete Record temperature each time air content, slump or compressive Temperature strength specimen is performed/fabricated. (5-694.550) 2018 SALT Schedule of Materials Control - Local Government Agency CERTIFIED READY -MIX CONCRETE, 2 of 3 The Prime Contractor is responsible to assure that all ready -mix concrete used is produced by an annually Certified Ready -Mix plant as detailed in Specification 2461.3F. Spec. Test Type I Agency QA Testing Rates (1) 1 Form General Concrete Grades F. G M. P and R: 1 set of 3 cylinders per bridge Compressive 300 yd3 per mix per day. 2406.2 Strength Bridge Concrete Grades B, S, and Y: 1 set of 3 cylinders per 100 2411.2 (5 yd3, then 1 set of 3 cylinders per 300 yd3 per mix per day 2461.2 2461.3 Standardrd cylinder r size is 4 x 8, use 6 x 12 2409 Concrete Agency will break 1 set of 3 cylinders at 28 days. Agency will cast up general a) with aggregate greater to 3 control cylinders, any additional control cylinders are the Cylinder 2301 ** l u than 1 1/4°. responsibility of the Contractor. 2452.2 °c� Review 2461.3G.5 Test Methods and Cellular Concrete: 1 set of 4 cylinders (28 days) per day, fill in 2 2461.2 a Specimens. equal lifts, do not rod, lightly tap the sides, cover and move to area 2461.3 with no vibration. Do not disturb for 24 hours. 2506.2 Concrete 2511.2 u- m Pavement Observation of probing or coring at the Engineer's discretion. 24327 2514.2 U Thickness ** 2520.2 C Contractor: 1 beam (28 day) per day per mix. Make additional 2162 2521.2 2531.2 control beams as necessary. Control beams shall be made within Concrete 2533.2 Flexural Strength the last hour of concrete poured each day. Fabricate beams, deliver Test 2545.2 beams to curing site, and clean beam boxes. Cylinders may be Beam 2554.2 substituted for beams at the discretion of the Engineer. Data Concrete Contractor: Perform texture testing at locations determined by the MIT 2557.2 2564.2 Pavement Texture Engineer in accordance with the Contract. The Contractor supplies SCAN T2 2565.2 all materials necessary to perform the required testing. Report ( 1 ) - Review the requirements of 2461.3F Certified Ready -Mix Concrete, 2461.3G Concrete Placement and 5-694.010 Inspector's Checklist in the Concrete Manual. *Small Quantity Requirements are for less than 25 yd3 per week. Plant monitoring is not required but Concrete Field Testing is required. **Concrete Pavement: Use Certified Ready -Mix Concrete testing rates when: a) The entire concrete paving project is less than 3,500 cu.yd. b) When a secondary plant is used to provide minor work. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. Agencies using MnDOT Metro Inspection Services will be sampled at the current MnDOT Schedule of Materials Control rates and will be billed accordingly. General Notes: 1. The testing rates shown in this Schedule of Materials Control are minimums. Take as many tests as necessary to ensure quality concrete. Should circumstances arise on a project which makes the testing rate impractical, contact the Concrete Engineering Unit. 2. All samples shall be taken in a random manner using an appropriate number generator. 3. The first load of concrete for any pour must have passing air content and slump results, prior to placing. 4. If batching or field adjustments are made, test the adjusted load for air content and if suspect, slump, before it gets into the work. The Engineer will determine if additional testing is required after each water adjustment made during slip form placement. Continue to test for air content and slump, if suspect, when test results are inconsistent or marginal. 5. 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. Retest the air content of the load, slump if required, and record the adjusted test results. Test the next load for air content and slump, if required, before it gets into the work. 6. Material not meeting requirements shall not knowingly be placed in the work. If failing concrete inadvertently gets placed in the work, review either the MnDOT Standard Specifications for Construction or contact the Concrete Engineering Unit for monetary deduction recommendations. 2018 SALT Schedule of Materials Control - Local Government Agency CERTIFIED READY -MIX CONCRETE, 3 of 3 The Prime Contractor is responsible to assure that all ready -mix concrete used is produced by an annually Certified Ready -Mix plant as detailed in Specification 2461.3F. Best Practices: 1. It is recommended that the Agency Plant Monitor be present during critical pours, such as superstructure or paving concrete (i.e. 3A21, S mixes, JMF mixes). 2. It is recommended that the Agency representative continually monitor the progress of all concrete pours in the field and review Certificate of Compliances. It is not a recommended practice to only perform minimum testing requirements and leave the pour. 3. It is recommended to make standard strength cylinders after the first load of concrete unless that is the only load of concrete for that mix that day. 2018 SALT Schedule of Materials Control - Local Government Agency Concrete Plant and Field Materials All materials must come from certified or qualified sources. All certified source must state so on the delivery invoices. The most current list of certified/approved sources can be found at MnDOT Material Website. Materials listed on the Approved Products List do not have to be sampled and. need to be listed on the Material Acceptance Summary detailed in the SALT SMC. Samples can be submitted as directed by the Engineer. Spec. Agency QA Minimum Required Field Material Form No. Sampling Rate N Portland Cement 3101 Shall be a Certified Supplier, - For certified ready -mix and concrete paving sample rates: 1 sample when the 24300 Sla g 3102 plant is certified. Take additional samples at 6 months if ID Card producing Agency concrete, if the plant changes sources Cement °C or as the contract requires. The producer obtains a 5 lb. Samples mc Blended Cement 3103 sample and stores the sample in a sealed container M m provided by the Agency and includes the suppliers Fly Ash 3115 delivery invoice from which the sample is obtained. 24308 Fly Ash CU a) For all concrete: 1 sample in a 1/2 pint plastic container UAdmixtures provided by the Agency when the plant is certified. Take (Accelerationg, Retarding, 3113 additional samples at 3 months if producing Agency �j Water -Reducing, Air- Entraining, etc.) concrete, if the plant changes sources or as the contract 2410 Sample requires. ID Card Water 3906 1 sample in a 1 gallon clean glass or plastic container from a questionable source. Preformed Joint Filler 3702 Visual Inspection Preformed Elastomeric 3721 Type 1 per lot. Only materials from a qualified sources. Silicone Joint Sealer 3722 cU Link to Approved Products List. Hot Poured 3723 Elastomeric Type 3725 2410 Sample � ID Card Burlap 3751 Visual Inspection U_ Paper 3752 Visual Inspection - Must be white opaque. c Membrane Curing 3754 Visual Inspection - Use only pre -approved curing U Compound 3754AMS 3755 compounds. Plastic 3756 Visual Inspection - Must be white opaque and free from holes. Refer to the "Metals"schedule for sampling requirements for concrete reinforcement. Agencies using MnDOT Metro Inspection Services will be sampled at the current MnDOT Schedule of Materials Control rates and will be billed accordingly. 2018 SALT Schedule of Materials Control - Local Government Agency 2301 CONCRETE PAVEMENT - AGENCY 1 of 2 * Test Type Concrete Paving Batch Certified Ready -Mix Plant (concrete manual) Spec p plant Agency QA Testing Agency QATestii Form Test the first 4 QA samples of production each time the Contractor Gradation (1) 3126 mobilizes the plant in a calendar year or changes aggregate sources. 21764 Agg (5-694.145) (5-694.148) 3137 Work sheet. 1 per day randomly thereafter, 3 1 per 1000 yd or 1 per week whichever is higher, randomly. Aggregate If w/c incentives ap2l : 1 per If w/c incentives appi : 1 per 200 Moisture - QC 3126 1000 yd3 or every 4 hours, yd3 or every 4 hours, whichever is Verification (2) 3137 whichever is greater. Take initial greater. Take initial sample within (5-694.142) sample within the first 250 yd3. the first 100 yd3. Concrete W/C Ratio Take initial sample within the first Take initial sample within the first Water Content, 3 250 yd . At least one additional 3 100 yd . At least one additional Work sheet Microwave Oven Concrete verification test should be taken if verification test should be taken if Manual Verification (3) (5-694.532) more than 1000 yd 3 is produced more than 400 yd 3is produced in a in a day. I day. 1 randomly selected sample on the first day of production and each Coarse time the Contractor mobilizes the plant, changes the aggregate Aggregate, 3137 sources, or the cleanliness of the coarse aggregate is in question, Work Agg Work sheet -200 sieve then 1 per week randomly thereafter. -200 test may be performed at (5-694.146) the lab instead at the plant at the discretion of the Engineer. During concrete production: 1 randomly selected test each fraction Coarse and Fine every 20,000 yd3 of production. Split the Quality sample 4 ways: 1) 2410 Aggregate Quality 3126 Provide 2 quarters of the sample to the producer/contractor. 2) Test Sample ID P 3137 the -200 on the coarse aggregate at the plant the day it was sampled. Card (4) 3) Submit the remaining sample to the lab for quality testing including testing the -200 sieve on the coarse aggregate. 1 per paving project per sand source. Provide one 5 lb. sample of: Alkali Silica cement, supplementary cementitious material (fly ash or slag), and 2410 Reactivity (ASR) 2301 sand. Write "Project Specific ASR Testing" on all 3 sample cards. 24300 Testing ASR Testing is not required if the entire project is less than 3,500 24308 cubic yards. If coarse aggregate quality incentives apply: Test the Class B aggregates for % absorption and Class C aggregates for % carbonate including any other test necessary to make those determinations. Sample the 2 largest fractions in accordance with the following table Coarse Aggregate and 2301: Coarse Coarse Aggregate Quality Incentive/Disincentive Sampling Rates Agg Quality Quality Testing of Incentive / 3137 Incent / Plan Concrete Cubic Yards Samples per fraction Disincentive Disincent Work sheet 3,500 - 7,500 3 7,501 - 10,000 5 10,001 - 25,000 10 25,001 - 50,000 15 50,001 + 20 "Use Certified Ready -Mix Concrete testing rates when: a) The entire concrete paving project is less than 3,500 cu.yd. b) When a secondary plant is used to provide minor work. Agencies using MnDOT Metro Inspection Services will be sampled at the current MnDOT Schedule of Materials Control rates and will be billed accordingly. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency 2301 CONCRETE PAVEMENT - AGENCY 2 of 2 Test Type Spec. Concrete Field Testing - Agency QA Testing Form Air Content before consolidation for 1 correlation air test per day Type 3 concrete 2448 Air Content after consolidation for 1 correlation air test per day Weekly Type 3 concrete 2 0 Concrete Report For fixed form placement: 1 slump test per day. Slum p cu For slip form placement: No slump testing required. Concrete Record temperature each time air content, slump or strength test Temperature specimen is performed/fabricated by the Agency. Supply beam boxes, cure, and test beams. MnDOT standard beam Flexural Strength 2 box size is 6" x 6" x 20" unless other sizes or types are approved by 2162 Test 0 U the Concrete Engineer. Beam Data rTexture Determine texture testing locations using random numbers. Probing, Coring, Pavement 3 Texture and MIT - Determine probing and coring locations using random numbers. Thickness Initial pavement at core locations and re -initial the sides of specimens Scan T2 after coring to clearly verify their authenticity. Report Surface Concrete Smoothness Profile /Dowel and Tie Observe Contractor Testing when possible Work Bar Steel Location Sheet /MIT Scan T2 Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. NOTE (1): All gradation samples shall be taken in the presence of the Agency, unless otherwise authorized by the Engineer. All samples shall be taken off the belt leading to the weigh hopper unless otherwise approved by the Engineer. All gradations and quality tests require companion samples. If Coarse Aggregate Quality Incentive / Disincentives apply: The Agency may also use the QA samples for incentive / disincentive testing. Notify the producer to double the QC/QA sample size. If well -graded aggregate incentives apply: Use the Contractor's gradation results for well -graded aggregate incentive calculations as verified by Agency testing. Use the Well -graded Concrete Agg Worksheet. NOTE (2): If w/c incentives apply: Use aggregate moisture results for determining the water content to calculate the w/c incentive / disincentive. Use the Concrete W/C Ratio Calculation Worksheet and do not leave sample unattended. NOTE(3): If w/c incentives apply: Microwave oven verification testing to verify the w/c ration is completed in conjunction with Agency aggregate moisture testing. Do not leave samples unattended. NOTE (4): Prior to concrete production: Obtain pre -production samples for quality testing at least 16 hours prior to concrete production. Samples may be taken from the stockpile and -200 test may be performed at the lab instead at the plant at the discretion of the Engineer. If the entire project is <3,500 yd3, pre -production sampling is not required. Minimum Aggregate Sample Size *companion required, double sample size Aggregate Size Gradation* Quality* Moisture % -200 C.Agg 3/4" Plus, #4 25 lb. 50 lb. 2000 g 12 lb. 3/4" Minus, #67 10 lb. 30 lb. 2000 g 6 lb. #7, CA-70 6 lb. 30 lb. 2000 g 6 lb. CA-80, #89 1.1 Ib. (500 g) 30 lb. 500 g 500 g Fine Aggregate 1.1 lb. (500 g) 30 lb. 500 g - 2018 SALT Schedule of Materials Control - Local Government Agency CONCRETE PAVEMENT - PRODUCER / CONTRACTOR 1 of 2* Test Type Concrete Paving Batch Plant Certified Ready -Mix Plant (concrete manual) Spec. Contractor/Producer QC Testing Contractor/Producer QC Testing When < 250 yd3 produced 1 per day. 3 day: 1 Gradation (1) 3126 3 When > 250 yd produced/ day: 1 per When over 20 yd produced per (5-694.145) 3137 1500 yd 3 or 1 per 1/2 day, whichever is 3 per 400 yd , or 1 per 1/2 day, whichever (-694.148 ) 5 , is the higher sampling rate. the higher sampling rate. Test the first sample then at least 1 of the next 3 samples on the first day of Coarse Aggregate production and each time the Contractor mobilizes the plant, changes the sieve 3137 aggregate sources, or the cleanliness of the coarse aggregate is in question, (5-6 94.146) 5-6 then 1 per day randomly thereafter. Test these samples at the plant. Aggregate Moisture 3126 If w/c incentives do not apply: 1 per If w/c incentives do not apply: 1 QC Verification (2) 3137 3 1000 yd , or 1 completed every 4 hours, completed every 4 hours. (5-694.142) whichever is the higher sampling rate. Water Content, If w/c incentives apply: Obtain pp y� Microwave Oven the plastic concrete sample at the plant. See Concrete Manual (5-694.532) Verification Review Concrete Unit Weight QC Test one load of concrete per day at the plant. See Concrete Manual (5-694.542) Manual Air Content QC Test the first load of concrete at the plant (5-694.541) Prior to concrete production: Test the Agency's pre -production sample at the Coarse and Fine 3126 Contractor's discretion. During concrete production: Test the -200 on the quality Aggregate Quality 3137 companion sample the day it was sampled. All other testing is at the Contractor's discretion. Coarse Aggregate Quality Testing for 3137 Test at the Contractor's discretion. Incentive / Disincentive Minimum Aggregate Sample Size *companion required, double sample size Aggregate Size Gradation* Quality* Moisture % -200 C.Agg 3/4" Plus, #4 25 lb. 50 lb. 2000 g 10 lb. 3/4" Minus, #67 25 lb. 30 lb. 2000 g 6 lb. #7, CA-70 6 lb. 30 lb. 2000 g 6 lb. CA-80, #89 1.1 lb. (500 g) 30 lb. 500 g - Fine Aggregate 1.1 lb. (500 g) 30 lb. 500 g * Use Certified Ready -Mix Concrete testing rates when: a) The entire concrete paving project is less than 3,500 cu.yd. b) When a secondary plant is used to provide minor work. NOTE (1): Performing testing on representative material at the end of the most recent day of production is allowed. If well -graded aggregate incentives apply: Use the Contractor's gradation results for well -graded aggregate incentive calculations as verified by Agency testing. NOTE (2): Complete the initial moisture content and adjust the batch water prior to the start of concrete production each day. If weather conditions allow, performing moisture testing on representative material at the end of production the prior evening is allowed. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency CONCRETE PAVEMENT - PRODUCER / CONTRACTOR 2 of 2 Test Type Spec. Concrete Field Testing - Contractor QC Testing Air Content before consolidation for 1 per 300 yd3 or 1 per hour, whichever is less. Test first load each day per mix. Type 3 concrete Air Content after consolidation for Test 1 air content per 1/2 day per mix of slip form paving to establish an air loss Type 3 concrete correction factor (ACF). See Special Provisions for additional information. For fixed form placement: 1 per 300 yd3 and as directed by the Engineer. Test Slump first load each day per mix. For slip form placement: No slump testing required. Concrete Record temperature each time air content, slump or strength test specimen is Temperature performed/fabricated by the Contractor. 1 beam (28 day) per day per mix. Make additional control beams as necessary. Flexural Strength °3 Control beams shall be made within the last hour of concrete poured each day. Fabricate beams, deliver beams to curing site, and clean beam boxes. Cylinders ro may be substituted for beams at the discretion of the Engineer. Perform texture testing at locations determined by the Engineer in accordance Concrete Pavement with the Contract. All adjoining lanes shall be tested at the same location if paved Texture 0 at the same time. The Contractor supplies all materials necessary to perform the a U required testing. Thickness The Contractor drills concrete cores at locations determined by the Agency. The > Contractor probes the plastic concrete at locations determined by the Agency. Surface Contractor provides MnDOT certified inertial profiler results for the entire project Smoothness as required by the contract. Check for current certification. On the first day and each day of pavement: (1) Verify the adequacy of the dowel bar anchoring by scanning seven random doweled contraction joints in each sublot. (2) Verify the presence and alignment of tie bar steel by scanning 75 lin. Dowel Bar and Tie Ft. in each sublot. If the Bar Steel Location Engineer determines the first days dowel bar anchoring and tie bar placement processes are acceptable, the Engineer may allow a reduction in scanned joints in each sublot as follows: (1) Verify the adequacy of the dowel bar anchoring by scanning four random doweled contraction joints per sublot. (2) Verify the presence and alignment of tie bar steel by scanning 25 lin. ft. out of every sublot. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency 2404 CONCRETE WEARING COURSE FOR BRIDGES Test Type Spec. Contractor/Producer QC Agency QATesting Form (concrete manual) TestingL Gradation, Prior to production, provide the Quality, Coarse Agency with: Aggregate pit 1 per fraction prior to Agg -200 3126 numbers, 1 passing gradation production and each time 2410 Sample ID QCNerification 3137 result per fraction per source. aggregate is delivered to the Card (5-694.145) Test Agency companion samples site. (5-694.146) (5-694.14) are Contractor's discretion. Air Content - Type 3 Concrete None 1 per 15 yd3, Test at beginning (Verification) of pour each day. (5-694.541) Weekly Report of Review 1 per 15 yd3, Test at beginning Low Slump Slump Concrete of pour each day. Allow mix to Concrete Manual (Verification) None hydrate 5 minutes before slump Website (5-694.531) test to assure all cement is saturated. Compressive 2409 Cyl. Strength Node 1 cylinder (28 day) per 30 yd3 ID Card (5-694.511) Test Minimum Sample Size *companion req'd, double sample size Gradation 6 Ib. for # 7, 500 g for CA-80 50 g for Sand Quality 30 lb. for Coarse Aggregate 30 lb. Fine Aggregate Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency CONCRETE PAVEMENT REPAIR - CPR for 3U18 Contractor/Producer QC Test Type Spec. Agency QA Testing Form Testing__ Prior to production, the Contractor Gradation: 1 per aggregate fraction shall provide the Agency with: prior to production and each time Aggregate pit numbers, 1 passing aggregate is delivered to the site. Gradation, Quality, 3126 gradation result per fraction per Quality Testing &Coarse Agg - 2410 Coarse Agg -200 3137 source. No quality test results are 200: 1 test per aggregate fraction Sample ID required. Test companion per source. The Agency may use Card samples at Contractor's the gradation results for the Quality discretion. Samples as a substitute for 1 required field gradation. Air Content - Type None 1 per 15 yd3, Test at beginning of 3 Concrete pour each day. 21412 1 per 15 yd3, Test at beginning of Weekly Re`' V pour each day. Allow mix to Report of Slump Concrete. None hydrate 5 minutes before slump Low Slump Manual W ebsite, test to assure all cement is Concrete saturated. Compressive None 1 cylinder (28 day) per 30 yd3 2409 Cyl. Strength ID Card Test Minimum Sample Size *companion req'd, double sample size Gradation 6 lb. for # 7, 500 g for CA-80 50 g for Sand Quality 30 lb. for Coarse Aggregate 30 lb. Fine Aggregate Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency DOWEL BAR RETROFIT - DBR Test Type Spec. Contractor/Producer QC Testing Agency QA Testing Form Prior to production, the Contractor shall provide the Agency with: Gradation, Quality, 3126 Aggregate pit numbers, 1 passing 1 per fraction prior to production 2410 Coarse Agg -200 3137 gradation result per fraction per and each time aggregate is Sample source. No quality test results are delivered to the site. ID Card required. Test companion samples are Contractor's discretion. Test Type Spec. Agency QATesting Form Contractor Testing: None Agency Testing: During the pre -production test operations: 1 set of 3 DBR Material Compressive Strength Review Concrete cylinders tested at a rate as directed by the Engineer. Testing may need to be repeated if any problems with the dowel bar retrofit material are encountered. First day of production: 1 set of 3 cylinders at a rate directed by the Concrete Engineer. After the first day of production: 1 2409 Cylinder ID Card Manual cylinder per day during production tested at a rate determined by the Engineer to determine traffic strength. Test Minimum Sample Size "companion req'd, double sample size Gradation 500 g for # 89 & Sand Quality 30 lb. Coarse Aggregate 30 lb. Fine Aggregate Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Government Agency LANDSCAPING AND EROSION CONTROL ITEMS Minimum Required Agency QA Acceptance Testing Kind of Material Spec. # Field Testing Rate Manufactured Topsoil Borrow, Salvaged Topsoil 3877.2 As directed by the Engineer (stockpiled) Materials must be in accordance with the Inspection and Contract Administration Guidelines,for MnDOT Lanscape Projects of which Plant Stock & Landscape 3861 and 2571.2A1 determines the minimum and maximum criteria thresholds. Certificate of Compliance, Nursery stock certificate registered with Mn Dept. of Materials Agriculture. Out of state products subject to pest quarantines must accompanied by documentation certifying all products are free of regulated pests. Erosion Control Blanket 3885 Visual Inspection and Check approved products or approved vendors list - As directed by the Engineer. Erosion Control Netting 3885 Silt Fence 3886 Erosion Stabilization Mat 3885 Flotation Silt Curtain 3887 Accepted, based on manufacturers certification of compliance. Check weight of fabric. Filter Logs 3897 Visual Inspection Flocculants 3898 Obtain copy of Certificate of Compliance and MSDS Fertilizer 3881 Obtain copy of invoice of blended material stating analysis. Agricultural Lime 3879 Contractor must supply amount of ENP (Equivalent Neutralizing Power) for each shipment. Mulch - Type 3 Certified Weed Free (Certified sources only) Check for Certified Vendor tag from Minnesota Crop Improvement Association (MCIA). 3882 Mulch - Type 6 - All wood chips supplied by a supplier outside the Emerald Ash Borer Woodchips quarantine area or have an Emerald Ash Borer Compliance Agreement with the MDA Seeds (Certified Vendors Only) (Mixes 100-299) Check for Certified Vendor tag 3876 from Minnesota Crop Improvement Association (MCIA). Native Seed (Mixes 300-399) certified seed only. Check for Certified Vendor tag from Minnesota Crop Improvement Association (MCIA). Sod 3878 Visual Inspection - Check approved products list - As directed by the Engineer. Check for Certified Vendor tag from Minnesota Crop Compost (from Certified Source) Improvement Association (MCIA) for salt tolerant sod. 3890 Compost (from Non- Visual Inspection - As directed by the Engineer. Certified Source) Hydraulic:; Soil Stabilizer 3884 Check Approved/Qualified Products List - As directed by the Engineer. Contact the MnDOT District IA Inspector to provide servicing of your Federal Aid Project. 2018 SALT Schedule of Materials Control - Local Governnv nt Njencv CHEMICAL ITEMS Minimum Required Agency QA Acceptance Testing Kind of Material Spec. No. Field Testing Rate Asphalt Plank 3204 Visual Inspection - As directed by the Engineer. Calcium Chloride 3911 Review the percentage required as per specification. Check for listing on Qualified Products website. Magnesium Chloride 3912 Hot -Pour Crack Sealant 3719 Retain Certification of Compliance. Check for listing on Qualified (for Crack 3723 Products website. Sealing/Filling) 3725 Pavement Joint Special Retain Certification of Compliance Adhesive Provisions Waterproofing Materials Membrane 3757 Visual Inspection - Check qualified products list. Waterproofing System Waterproofing Materials - Three Ply System Asphalt Primer 3165 Verifiy supplied material meets ASTM D 41 Waterproofing Asphalt 3166 Verifiy supplied material meets ASTM D 449 Fabric 3201 Verifiy supplied material meets ASTM D 41 Paints Waterborne Latex - 3591 Traffic Paint Visual Inspection - Check qualified products list - retain Certificate of Epoxy Traffic Paint 3590 Compliance. Traffic Marking Paint Special Provisions Non -Traffic Striping 3500 Series Retain Certification of Compliance Paints Bridge Structural Steel 3520 Paint Visual Inspection - Check approved products list - retain Certificate of Exterior Masonry Paint 3584 Compliance. Noise Wall Stain Special Provisions Visual Inspection - Check qualified products list. Retain Certificate of Drop -on Glass Beads — 3592 Compliance. 3354 Visual Inspection - Check qualified products list. Retain Certificate of 3355 Paverr�ent Marking Tame Compliance. Special Provisions Signs and Markers 3352 Visual Inspection - Check qualified products list. Metals 1 of 2 Minimum Required Agency QA Acceptance Testing Kind of Material Spec. No. Field Testin Rate Guard Rail Fittings - Splicers, Bolts, 3381 Posts etc. Visual Inspection - Materials shall be approved before use. Call MnDOT inspector at 218-846-3613 to see if Structural Plate Beam 3382 Non -High Tension Guard 3381 Rail Cable material has been approved. High Tension Guard Rail Special Cable Provisions Steel Posts Steel Sign Posts 3401 Visual Inspection - As directed by the Engineer. Retain Certificate of Compliance in Project file. Fence Posts, Brace Bars, 3403 Visual Inspection - As directed by the Engineer. 3406 Rails and others Retain Certificate of Compliance and certified 3379 mill analysis in project file. Fence Barbed Wire 3376 Visual Inspection Woven Wire Chain Link Fabric Components: cup, cap, nut, bolt, end clamp, tension Retain Certification of Compliance, band, truss rod tightener, As directed by the Engineer. hog ring, tie wire, tension stretcher bar, truss rod, clamp & tension wire Gates 3379 Pipe 3364, 3365, Water Pipe and other 3366 & Visual Inspection - As directed by the Engineer. Piping Materials Special Provisions Reinforcing Steel - Inspected by MnDOT & will be charged back to the Local Agency. Uncoated Bars 3301 Retain Certificate -of Compliance & Certified Mill Analysis For Epoxy -Coated bars, steel will be tagged "Inspected" when it has Epoxy Coated Bars 3301 been sampled and tested by Mn/DOT prior to shipment, & it will be tagged "Sampled" when testing has not been completed prior to shipment. If the Epoxy -Coated bars are not tagged "Sampled" or "Inspected", submit samples (1 bar 3ft long for each size for each Spirals 3305 day's coating production), Certificate of Compliance, & Certified Mill Analysis for testing. Maintain original Cert. of Compliance & Certified Mill Analysis in project file. Stainless Steel Bars Special Visual Inspection Testing as directed by the Engineer (2 bars 3 ft. Provisions long per heat per bar size). Certified Mill Test Reports to be filed. Metals 2 of 2 Minimum Required Agency QA Acceptance Testing Kind of Material Spec. No. Field haling -Rate) Reinforcing Steel - Inspected by MnDOT & will be charged back to the Local Agency. Steel Fabric 3303 2 sq ft if epoxy coated. Visual Inspection - Retain Certificate of Dowel Bars 3302 One dowel bar and basket from each shipment. Prestress/Post Tension 3348 One sample of 2 strands by 6 ft from each Strands Spec.Prov. heat/production lot. Compliance. Castings Drainage Castings 3321 Visual Inspection - Check approved / qualified list. 2471 Electrical 2565 Anchor Rods Visual Inspection - Check approved / qualified list. Testing as directec (Cast in Place) and 3385 3391 by the Engineer, Structural Fasteners (see Notes below) Notes: Manufacturer must have one yearly passing test from the Department for each anchor rod or bolt type. Prior to installation, obtain copy of Mn/DOT passing test report from supplier. Specs 3385.2 A, B, & C require anchor rod markings per ASTM F 1554 S3. The end of each anchor bolt intended to project from the concrete must be die stamped with the grade identification as follows: Grade 36 = AB36, Grade 55 = AB55, Grade 105 = AB105. Anchoracses (Drilled In) Special Provisions Visual Inspection - Check qualified products list. Structural Steel Inspected by MnDOT & will be charged back to the Local Agency. Steel Bridge - Beams, Girders, Diaphragms, etc. Structural Metals Inspection Tag and field inspection for Concrete Girders- Diaphragms and sole damage/defects, check dimensions for contract compliance. plates 2471 Review approved products list as directed by the Engineer. Note: Structural metals products will be inspected at the plant and will be shipped with a Structural Metals Expansion Joints Steel Bearings Railing -Structural tube and ornamental Inspection Tag. An inspection confirmation report will be completed by Structural Metals Inspection staff and sent to the field personnel. Only approved suppliers are allowed to supply Structural Metals Drainage Systems Protection Angles Overhead Sign structures 2564 products. A list of approved suppliers can be found 2471 on the Bridge Office web site: http://www.dot.state.mn.us/bridge/ High Mast Lighting 2545 Structures 2471 Monotube Signal Structures 2565 2471 * Check domestic steel requirement under 1601 Special Provision. Geosynthetics, Pipe, Tile, Precast/Prestressed Concrete Minimum Required Agency QA Acceptance Testing Kind of Material Spec. No. Field Testing Rate Corrugated Metal Products Culvert Pipe Under drains 3225 thru Erosion control Structures 3229, Make certain pipe is Certified on Invoice, retain certificate of 3351, 3399 compliance and certified mill analysis in project file. Retain the Certificate of Compliance and certified mill analysis in Structural Plate 3231 Aluminum Structural Plate 3233 project file. Pipe Clay Pipe 3251 Visual Inspection Reinforced Concrete Pipe and Arches, Precast Cattle Pass Units, Sectional 3236 Field Inspection: Check for damage and defects. Manhole Units Check dimensions and class as required. Non -Reinforced Concrete Pipe 3253 Drain Tile (Clay or 3276 Visual Inspection - Acceptance as directed by the Engineer. Concrete Thermoplastic (TP) Pipe 3245 Obtain Certificate of compliance. Check for approved marking printed ABS and PVC on pipe. Field Inspect for damage or defects. Corrugated Polyethylene 3278 Check for markings (AASHTO M 252) Certificate of Compliance. Field Pie Inspect for damage or defects. Corrugated Polyethylene 3247 Visual Inspection - Check approved products list. Obtain Certificate of Compliance. Pipe - Deal, Wall 12"48" Precast/Prestressed Concrete Structures - Inspected by MnDOT & will be charged back to the Local Agency. Reinforced Precast Box 3238 Culvert Field Inspection: Check for damage and defects. Check dimensions Precast/Prestressed Concrete Structure 2405 as required. Check for the "MnDOT" stamp and signature on the beams, posts. etc.) certification document. Manholes and Catch 2506 Basins (Construction) 3622 Sewer Joint Sealing 3724 Visual Inspection - Acceptance as directed by the Engineer. Compound Preformed Plastic Sealer 3726 for Pipe Type b Visual Inspection - Acceptance as directed by the Engineer. Bituminous Mastic Joint 3728 Sealer for Pipe EPS Geofoam Special Visual Inspection - Acceptance as directed by the Engineer. Check for Provisions yellow aged material, uniformity and dimensions. Geotextile Fabric and 3733 and Special Obtain Certificate of Compliance stating minimum average roll values Geogrid Reinforcement Provisions (MARV). MARV must meet Project requirements. Fabric must be listed on Geotextile Small Quantity Acceptance List available at http://www.dot.state.mn.us/materials/aggregatedocs/gtxlist.pdf Geotextile Small Quantity Acceptance List Silt Fence 3886 1 Visual Inspection - Check approved products list. 2018 SALT Schedule of Materials Control - Local Government Agency ELECTRICAL AND SIGNAL EQUIPMENT ITEMS 1 of 2 Minimum Required Agency QA Acceptance Testing (Field Kind of Material Spec. No. Testing Rate Visual Inspection - Obtain Certificate of Compliance. The Fabricator Lighting Standards 3811 will submit "Certificate of Compliance", on a per project basis, to the (Aluminum or Steel) Project Engineer. 2545 Visual Inspection - Check approved/qualified products list. Traffic Hand Holes (Precast.- signal and street lighting projects require hand holes to be listed on the Mn/DOT Signals Approved Products List (APL). For cast iron frame 2550 PVC, and LLDPE) 2565 and cover: see Metals - Drainage and Electrical Castings Slump as needed, 1 cylinder per 25 cu.yds. Rebar is required in Foundation 2545 concrete foundations as specified in the Contract documents for all traffic control signals and roadway lighting projects. Steel Screw In See Approved/Qualified Products List for Roadway Lighting and Foundations 2545 2565 Signals. Conduit and Fittings Metallic 38013802 Visual Inspection - Conduit shall be labeled as being listed by a National Recognized Testing Laboratory (NRTL). For traffic signal and street lighting projects, specific requirements are contained in the Non -Metallic (Rigid and 3803 Special HDPE) Special Provisions for each project. Provisions Visual Inspection _ 10"ani ifacturer Mu�it have .one y early passinn test vKauai ��pe�J:,� - ��u��u�u.,� ...� J ru.,..-y from the Department for each anchor rod or bolt type. Prior to installation, obtain copy of Mn/DOT passing test report from supplier. Anchor Rods and Bolts 3385 Specs 3385.2 A, B, & C require anchor rod markings per ASTM F 1554 (Cast in Place) S3. The end of each anchor bolt intended to project from the concrete must be die stamped with the grade identification as follows: Grade 36 = AB36, Grade 55 = AB55, Grade 105 = AB105. Anchorages Drilled Special Visual Inspection - Check qualified products list. In Provision Visual Inspection - Check approved products list. 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 Miscellaneous 2545 laboratory testing. For traffic signal and street light lighting projects, Hardware 2565 various miscellaneous hardware is required to be listed on the Mn/DOT Signals and Lighting Approved Products Lists (APL). The Contract documents indicate, which items must be on the Signals and/or Lighting APL. Cable and Conductors Power Conductors 3815.261 Visual Inspection - Make certain the conductors are the type specified. Submit Field Inspection report showing type and quantities used. Loop Detector Conductors 3815.) Shall be labeled as being listed b a National Recognized Testing 9 Y g g (No Tubing) (a) Laboratory (NRTL) and type where applicable. ELECTRICAL AND SIGNAL EQUIPMENT ITEMS 2 of 2 Kind of Material Spec. No. Minimum Required Agency QA Acceptance Testing (Field Testing Rate 3815.2B2(b) Visual Inspection - Usually inspected at the distributor. Documentation 3815.2133 showing project number, reel number(s), & Mn/DOT test number(s) will 3815.2B5 be included with each project shipment. If such documentation is not received from Contractor, submit sample for testing along with material Electrical Cables and 3815.2C1 certification from manufacturer. Do not use if not tested. Pre -inspected Single Conductors thru .2C8 materials will not be tagged; an inspection report will be sent by the 3815.2C14 with Jacket Mn/DOT inspector for each shipment. Project inspectors should verify that the shipping documents agree with this inspection report. Call Steve Grover at 651-366-5540 or Cindy Schellack at 651-366-5543 Special with questions. For traffic signal and street lighting projects, the Provisions Special Provisions for each project contain electrical cable and conductor specifications. Fiber Optic Cables 3815.2C13 Visual Inspection - Check approved products list for Traffic Management Systems. 2545 Visual Inspection - Check approved products list. Shall be labeled as Ground Rods being listed by a National Recognized Testing Laboratory (NRTL). 2565 Detail materials on Materials Acceptance Summary. Visual Inspection - Check approved products list. Traffic signal and street lighting projects require luminaries and lamps to be listed on the Luminaires and Lamps 3810 Mn/DOT Lighting Approved/Qualified Products List (APL). The conductors shall be labeled as being listed by a National Recognized Testing Laboratory (NRTL) and type, where applicable. Electrical Systems are to be reported as a "System" using the Electrical Systems 2565 LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer. Traffic Signal Systems are to be reported as a "System" using the Traffic Signal Systems 2565 LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer. Brick, Stone and Masonry Units Minimum Required Agency QA Acceptance Testing (Field Kind of Material Spec. No. Testing Rate Brick Sewer (clay) and 3612 to Visual Inspection - Acceptance as directed by the Engineer. Building 3615 Visual Inspection - Acceptance as directed by the Engineer. Air Sewer (Concrete) 3616 entrainment required. Obtain air content statement from supplier. Concrete Masonry Units Visual Inspection - Acceptance as directed by the Engineer. Air Sewer Construction 3621 entrainment required. Obtain air content statement from supplier. Review Visual Inspection - Note: All lots of block upon delivery shall have Modular Block Current Manufacturer or Independent laboratory test results to verify passing Retaining Walls Special both compression and freeze -thaw requirements. Provisions ".Wall units and cap units are considered separate block types. Reinforced Concrete 3661 Visual Inspection - Acceptance as directed by the Engineer. Cribbing Will be stamped when inspected prior to shipment. Stone for Masonry or Rip 3601 and Special Visual Inspection - Acceptance as directed by the Engineer. Rap Provisions 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. 2018 SALT Schedule of Materials Control - Local Government Agency Miscellaneous Materials Minimum Required Agency QA Acceptance Testing (Field Kind of Material Spec. No. Testing Rate Visual Inspection - Acceptance as directed by the Engineer. Untreated Timber, Lumber Piling 3412 to materials shall be inspected in the field. Treated materials shall be & Posts 3471 & Certified on the Invoice or Shipping Ticket. Material is inspected and 3491 stamped by an Independent Agency as per Specification 3491. Contact Laboratory for additional information. Miscellaneous pieces 3392 and Hardware (Galvanized) 3394 Visual Inspection - Acceptance as directed by the Engineer. Insulation Board 3760 Elastomeric Bearing Pads - Plain or 3741 and Check dimensions. Check repair of tested pad. Laminated Special Provisions Obtain copy of Certificate of Compliance. FAO NOT USE ANY PADS THAT ARE NOT CERTIFIED Cotton Duck Bearing Pads 2018 SALT Schedule of Materials Control - Local Government Agency Approved/Qualified _Products Asphalt Products Precast Concrete Bridge Products Roadside Barriers Concrete Products Roadway Lightinq Products Crack & Joint Materials Products Signals Products Truncated Domes Signing Products Drainage Snow and Ice Chemical Products Erosion Control and Landscaping Products Temporary Traffic Control Devices Geosynthetics Traffic Management Systems/ITS Maintenance Shop Supplies Vehicle Safety Lighting Pavement Markings Walls (Retaining/Noise) Paint/Stain/Coating Systems (Non -Pavement SALT Construction Website - Additional Resources Bituminous Enaineerinq Asphalt Binder Certified Supplier Asphalt Emulsion Certified Supplier Concrete Engineering MnD®T Concrete Manual QC & QA RM Plant Workbooks MnDOT Certified Ready- Mix _Pmgram _ Grading & Base Enelineering Testing rocedures in the Gfadinpl & Base Manual. Forms and worksheets at the Grading & Base Website. Gradation worksheets at the SALT Construction Website 2018 SALT Schedule of Materials Control - Local Government Agency SALT SMC - LGA Contacts Districts 1, 2, 3, 4 Ron Bumann - State Aid Construction Specialist ronald. bumanna,state.mn.us 218-725-2811 Districts 6, 7, 8 Rollin Larson - State Aid Construction Specialist rollin.larsonA state.mn.us 507-205-6403 Metro Michael Pretel, PE State Aid Construction Engineer MNDOT Metro District 651 2347778 m ichae I. p retel (c-7state. m n. us Jim Deeny - State Aid Construction Liaison is mes. d eenyp,state. m n. us 651-234-7762 2018 SALT Schedule of Materials Control - Local Government Agency Telephone Index for MnDOT Specialty Offices uraciing dt tsase Terry Beaudry G&B Engineer 1;651) 366-5456 John Bormann G&B Specialist 651 366-5496 www.dot.state.mn.us/materials) radin andbase.htmI Bituminous John Garrity Bituminous Engineer (651) 366-5577 Greg Johnson Asst Bit Engineer (651) 366-5464 Greg Schneider Asst Bit Engineer 651) 366-5403 Elliot Keyes Pavement Presery Eng (651) 366-5432 Deb Evans Bit Eng Specialist 651 366-557411 lRay Betts Bit Trial Mix Lab Tech 651 366-5469 See Bituminous website for the contact list by topic www.dot.state.mn.us/materials/bituminous,htmI Concrete Maria Masten Concrete Engineer 651) 366-5572 Ron Mulvaney Structural Conc Eng (651) 366-5575 Rob Golish Asst Concrete Eng 651 366-5576 Wendy Garr Concrete Eng Specialist 651 366-5423, ]Gordy Bruhn Conc Field Eng Specialist 651 366-552311 See Concrete website for the contact list by topic www.dot.state.mn.us/materials/concrete.litmi Contacts for other materials can be found on the Materials and Road Research Contacts page. 1) Up :1/www.dot.state.mn.uslmaterialslcontacts.htrrll Contacts for Approved Products can be found at the Approved/Qualified products Contact page. htto://www.dot.state.nin.us/products/contacts.html 2018 SALT Schedule of Materials Control - Local Government Agency Materials Lab. Contacts Independent Assurance District 1, Duluth Nadine Miller Leila DeLuca (218) 725-2737 218-725-2738 Cell (218) 348-6297 Fax 218-725-2800 District 2, Bemidji Thomas Lloyd Jeff Long, 218-755-6544 (218) 755-6545 Jason Kisse, 218-755-6542 Cell (218) 766-6949 Fax 218-755-6540 District 3A, Baxter Matt Miles Tom Boser, 218-828-5755 (218) 828-5753 Fax 218-828-5816 Cell (218)232-6748 District 3B, Saint Crud Teresa Mertens Teresa Mertens, 320-223-6555 (320) 223-6555 Fax 320-223-6582 Cell (320) 493-3559 District 4, Detroit Lakes David Brunner Brad Hanson, 218-846-3616 (218) 846-3613 Bruce Bryngelson, 218-846-3614 Cell (218) 849-7393 Wayne Koons, 218-846-3617 Fax 218-846-0744 Metro District, Waters Edge Mat'Is (651) 234-7356 Maplewood Lab Steve Reinardy (651) 755-1581 Mike Evans, 651-366-5409 East Mike Herbst (651) 775-1018 Fax 651-366-5408 West Greg Bohmert (651) 775-1005 Mike Amiot (651) 775-1042 District 6, Rochester Ken Pickett Ken DeCramer, 507-286-7580 (507) 286-7584 Jeff Bale, 507-286-7586 Cell (507) 251-0138 Russ Smith, 507-286-7535 Fax 507-285-7112 District 7, Mankato Mitch Jordahl Mark Schoeb, 507-304-6186 (507) 304-6187 Scott Swanson, 507-304-6189 Cell (507) 380-9619 Fax 507-304-6191 District BA,, Vlfillmar Jay Jorgensen, 320-214-6345 Jon Vlaminck Fax 320-214-6306 (320) 214-6348 District 8B, Marshall Cell (320) 894-7409 Mark DeAustin, 507-537-2068 Fax 507-537-3802 2018 SALT Schedule of Materials Control - Local Government Agency Lbs Cn 0 °0 35 Aggregate for Gradation QC/QA 80 for each plus #4 Aggregate Type for Quality Testing 35 for each minus #4 Aggregate Type for Quality Testing 80 Ifor each RAP material for Quality Testing 10 RAS (shingles) for Processsed Gradation and Quality Testing 65 for Mix Properties (QC/QA) 3 full 6" by 12" cylinder molds for QA 90 for TSR (QC/QA) 4 full 6" by 12" cylinder molds for QA 90 for Aggregate Specific Gravity QC/QA - 1 quart of Asphalt Binder QA - 1/2 gallon for Asphalt Emulsion QA CO m m L 30 Aggregate for Gradation (Companion sample from 60 lb split). 25 Moisture Density Test - Proctor (Companion from 50 lb split). 30 Aggregate Quality/Percent Crushing Test - 1 per source a� U x CU 25 Gradation 3/4" plus 10 IGradation 3/4" minus 6 Gradation CA 70 & #7 1 Gradation - Sand (500 g), CA 80, #89. 4.4 Moisture Test Coarse Aggregate (2000 g) 1.1 Moisture Test Fine Aggregate (500 g) 50 Quality 3/4" plus - lab sample 30 Quality 3/4" minus - lab sample 30 Fine Aggregate - lab sample 10 3/4" Plus for the -200 Coarse Aggregate Test (5000 grams) 6 3/4" Minus for the -200 Coarse Aggregate Test (2500 grams) 5 Cement, Blended Cement, Fly Ash - 1/2 pint plastic container for admixtures. Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (MnDOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The MnDOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). MnDOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. MnDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action...........................................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements..............................................................................................4 AppropriateWork Place Behavior...............................................................................................................5 Notice to All Prime and Subcontractors: Reporting Requirements.............................................................6 Specific Federal Equal Employment Opportunity Responsibilities............................................................7 Standard Federal and State Equal Employment Construction Contract Specifications ..............................9 EqualOpportunity Clause..........................................................................................................................15 Minority and Women Employment Goals Chart .......................................................................................16 Sample Summary of Employment Activity, Form EEO-12......................................................................18 Sample Monthly Employment Compliance Report, Form EEO-13..........................................................20 EEOCompliance Review Report .............................................................................................................22 On -The -Job Training Program: Trainee Assignment...............................................................................23 Certification of On -the -Job Training Hours: Federal -Aid Projects...........................................................24 On -the -Job Training (OJT) Program Approval Form................................................................................25 On -the -Job Training (OJT) Program Trainee Termination Form..............................................................26 Required Contract Provisions: Federal -Aid Construction Contracts.........................................................27 EEO Page 1 Miiuiesuta Depaituient of Tiauspuitalion EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute §363A.36) 1. The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7- 8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-38). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota. Statutes §363A.36 and its accompanying rules for state or state -assisted projects. Compliance with the goals will be measured against the total work hours performed. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO-8 Form" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB's efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB's total workforce and labor projections for the project (represented in hours), the ALB's projected total number of minority hours for the project, and the ALB's projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 Wniesula Department of Tianspuilaliuu EEO Special Provisions Office of Civil Rights Revised 07/12 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation nr acre exnent where ciinh ctatuc is a hone _fi_cjP nccunational nualifi_cation. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155. (651) 539-1100, TTY 296-1283, Toll Free 1-800-657-3704. 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 §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (MnDOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job -related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen/women and a. employees are familiar with MnDOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently L ' held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073. EEO Page 5 Mhinesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO-13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO-12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO-13 is required for each payroll period within the month of July. The prime contractor submits the EEO-13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on -site contract compliance review. During the scheduled on -site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages l 0-13, at 7 a-p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will R10vide these forms u n reguest Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR-1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each EEO Page 7 Minnesola Department of Transportation EEO Special Piuvisiuns Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (cont.) classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist In locaLing, 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 In1Uf[natlon. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents thecontractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. V. till Juch reco records must be retained 1Vl a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR-1391. If on-the-job training is being required by a "Training Special Provision", the contractor will be required to furnish Form FHWA 1409. EEO Page 8 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute §363A.36) Unless noted, the following apply to both Federal/federally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 9 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 Minnesola Deparlmenl of Transpui laliuu EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) (n) Ensure that all facilities and company activities are non segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a)-(o) for State or state assisted projects). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 Mhinesuta Depaitwent of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (cont.) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment -related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 22% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 22% 6% Cass 2.2% 6.9% 6% 6% 2.2% 6.9% 4% 6% -Chippewa Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% DDo% 6% Dakota 2.9% 6.9% 22% 6% Dod a 0.9% 6.9% 4% 6% 2.2% 6.9% 6% 6% -Douglas Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 32% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 2.2% 6.9% 3% 6% Pi estone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Poe 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 32% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 22% 6% Sherburne 0.5% 6.9% 3% 6% Sibley 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Stearns 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 22% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wri lit 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 Minnesota Department of Transportation Office of Civil Rights Contractor Employment Data 1. Contractor Name and Address: Phone: 2. Employment Data a) Name: Last Name, First Name, MI b) Social Security # c) New Hire (Y or N) d) Ethnicity e) Gender (M or F) f? Sul 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. EEO-12 Rev. 5/09 EEO Page 18 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 INSTRUCTIONS FOR EEO-12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first MnDOT construction project for the calendar year (Prime and Subs) Contractor Name and Address self-explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable MnDOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MnDOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through MnDOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnDOT's Office of Civil Rights at (651) 366-3015. EEO-12 Rev. 05/09 EEO Page 19 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revise Minnesota Department of Transportation Office of Civil Rights Monthly Employment Compliance Report EEO-13 I. SP ❑ SAP ❑ 3. Contractor Name: (Check one) SP# Federal Tax ID: County or City Street Address: 2. Reporting Period to City, State Zip 7. Employment Data a) Name: Last, First Middle Initial b) Social Security # c) New Hire (V or N) d) Ethnicity e) Gender M or F) Trade/Fore Supervisors 2_ 3. I 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 8. Contract Goals MINNESOTA GOALS %OBTAINED % Minority % % Women % 9. Prepared by: (Signature) 10. Reviewed by: (Signs Print Name: Print Name: Title: Title: Date: Date: Phone: Fax: Phone: 3EO-13 Rev. 05/09 EEO Page 20 INSTRUCTIONS FOR EEO-13 MONTHLY EMPLOYMENT COMPLIANCE REPORT .-5. Self-explanatory — State Project #, county project is located in, are you a prime or sub, and contract value. 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 he 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 MnDOT EEO staff to readily id, 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 f other project within the current calendar year. 7d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (Al), 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 trade that applies unless the employee fits one of the other three catel 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MnDOT approved Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the specified reporti Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determi source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment G, with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 16-17.) Minority and women 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 repe Prepared by Contractor Designee is the signature of the prime or subcontractor's EEO officer/designee. Reviewed by Project Engineer is the signature of the MnDOT staff monitoring the project. le Prime Contractor will submit EEO-13 forms for its workforce and all subcontractors to the MnDOT Project Engineer by the 15`i nonth when work was performed. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3 Please make copies as you need them.) this information can be submitted electronically via the web, through MnDOT's Workforce Information Tracking Initiative (WITI) Pr( ,ain access to WITI or to find out more about this possibility please contact MnDOT's Office of Civil Rights at (651) 366-3321. 10-13 Rev. 05/09 EEO Page 21 EEO SP Revised 07/12 EEO COMPLIANCE REVIEW REPORT Total Company Workforce (For 12 Month Period Preceding July 30s' of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On -the -Job Trainees M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women Clerical Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Misc. Trades Total On -the -Job Trainees EEO-8 Rev. 07/07 EEO Page 22 t!`�NF1ESpy9 0 j 0, 7RP SP #: Project Engineer: Prime Contractor: Address: City: EEO Officer: Training Contractor: Address: City: EEO Officer: Tel: MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT Location: Phone:( ] Phone: ( } District: State: Zip: Project Manager: Phone: ( ) State: Zip: Project Manager: TRAINEE Job Title or Number of Training Trade Classification: Hours on this Project: Name: S.S.#: Address: Phone: ( ) City: State: EEO Officer: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: Zip: EEO SP Revised 07/12 1. Ethnic Background: Hispanic ; Black Asian/Pacific Islander White Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation 1. 2. Male; Female; EEO-5 Rev. 05/09 EEO Page 23 Mn/DOT 21860 EEO-6 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS CERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL -AID -PROJECTS Contractor: submit orisinal and one CONTRACTOR ADDRESS TRAINEE nionih1v to the HOURS WORKED PREVIOUSLY HOURS WORKED THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent ❑Very Good COMMENTS (Please detail any supplementary training offered): ❑Good REPORTING PERIOD: S.P. NO. (LOW): F.P. NO.: TOTAL HOURS TO DATE PER HOUR = $ ❑Below Good CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On - the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature/Title Date PROJECT ENGINEER: I hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature/Title Date EEO Page 24 4�y1li E Spt� 'yp Minnesota Department of Transportation EEO Special Provisions a Office of Civil Rights On -the -Job Training (OJT) Program Approval Form QFi'HFNc The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We, I I, submit the following training program for Trade for approval. ame o onvactorl I. Project Information Contractor Name S.P. # County Prime Sub Address city State Zip Contact Person/ EEO Officer Phone # e-mail address Project Goals Trainees Hours II. Project `l'rainhig Plan Information Trade # of Trainees Projected Hourly Assignment per Trainee Estimated Start Date Estimated End Date Recruiting Resource Planned Training Activities III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. Contractor's Representative Signature Title Date IV. Instruction for the Contractor. 07/12 The contractor's proposed training programs must be documented on this form and submitted as indicated in the Proposal. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 25 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights '°'°'Es"�t+y� On -the -Job Training Program Trainee Termination Form � P OF TO Contractor Name County Prime Sub Address city State Zip EEO Officer Phone # e-mail address Trainee Name Phone # Social Security No. Address city State Zip Race/Ethnicity ❑ Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian ❑ Other Gender Classification/Trade S.P. # ❑Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed Reason for Termination/Se aration/La off: ❑ Construction phase completed ❑Death ❑Fired lease explain below) ❑Illness/health problems ❑Lack of transportation and /or travel distance [:]Military duty ❑Relocated ❑Personal ❑Quit to work for another company ❑ Other Iease explain below) Please provide comments: Contractor's Representative Signature Title Date MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office of Civil Rights M.S. 170 On -The —Job Training Coordinator Fax # 651/366-3129 07/12 EEO Page 26 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form-1273 52 FR 36920 October 2 1987 revised October 21 1993 FHWA Electronic Version Ma 1 2012 I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form r. . FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. EEO Page 27 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) The following provision is adopted from 23 CFR 230, Appendix b. All new supervisory or personnel office employees will be A, with appropriate revisions to conform to the U.S. Department given a thorough indoctrination by the EEO Officer, covering all of Labor (US DOL) and FHWA requirements. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. EEO Page 28 Minnesota Department of Transportation EEO Special Provisions Office of civil Rights REQUIRED CONTRACT PROVISIONS (cont.) 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 its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. 07/12 b. The contractor will use good faith 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. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. EEO Page 29 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading iumoritie5 a id Womeli; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PHWA- 1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any 07/12 location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics 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 issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph l.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classificatiuu for the tune actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph l.b. of EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) this section) and the Davis -Bacon poster (WH-1321) shall be which is not expressed as an hourly rate, the contractor shall posted at all times by the contractor and its subcontractors at the either pay the benefit as stated in the wage determination or shall site of the work in a prominent and accessible place where it can pay another bona fide fringe benefit or an hourly cash equivalent be easily seen by the workers. thereof. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs l.b.(2) or Lb.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain EEO Page 31 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to rcquirc a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be providers under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 07/12 "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. EEO Page 32 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 07/12 c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). EEO Page 33 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) c. The penalty for making false statements is prescribed in the subcontractor or lower tier subcontractor with the clauses set U.S. Criminal Code, 18 U.S.C. 1001. forth in paragraphs (1.) through (4.) of this section V. CONTRACT WORK HOURS AND SAFETY STANDARDSACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (L) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only ho included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its EEO Page 34 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 07/12 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. M EEO Page 35 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 07/12 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred nr nfl en ;g ineligible to rnnrtirirnnte in rnyerrd transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (hitos://www.cpls.ga�ll, which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; EEO Page 36 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a 07/12 First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httt)%://www.cl2ls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently EEO Page 37 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) debarred, suspended, proposed for debarment, declared This provision is applicable to all Federal -aid projects funded ineligible, or voluntarily excluded from participating in covered under the Appalachian Regional Development Act of 1965. transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING ' This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classificatio r^' *he date onwhich the �rtici^ant estimates —A \"J ` " p r employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (lc) above. ATTACHMENT A - EMPLOYMENT AND MATERIALS 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use PREFERENCE FOR APPALACHIAN DEVELOPMENT of mineral resource materials native to the Appalachian region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS EEO Page 38 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Boone Circle Pedestrian Bump Out: Furnish the materials and labor necessary to complete the construction of the Boone Circle pedestrian bump out improvements on Boone Avenue N at the intersection of Boone Circle N. B. Alternate No. 2: 34th Avenue Pedestrian Bump Out: Furnish the materials and labor necessary to complete the construction of the 34th Avenue pedestrian bump out improvements on Boone Avenue N at the intersection of 34th Avenue N. C. Alternate No. 3: 28th Avenue Pedestrian Bump Out: Furnish the materials and labor necessary to complete the construction of the 28th Avenue pedestrian bump out improvements on Boone Avenue N at the intersection of 28th Avenue N. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2018 Stantec 1 193803898 01 03 00 - 1 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2018 MSA Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 999. B. Description of Work: Project consists of milling and overlaying 2-inches of bituminous pavement along Boone Avenue from 42nd Avenue N (CSAH 9) to Medicine Lake Road (CR 70). This includes localized sanitary sewer, storm sewer and water valve repairs. The project includes construction of a 10-foot bituminous trail from the intersection with 28th Avenue to the intersection with Medicine Lake Road. The project also consists of milling and overlaying 2-inches of bituminous pavement along 36th Avenue N between a point approximately 300-feet west of the intersection with Winnetka Avenue to a point approximately 150-feet west of the intersection with Louisiana Ave. This includes localized sanitary sewer repair. Within the mill and overlay area on 36th Avenue there is approximately 290-feet of full depth pavement removal from the intersection with Winnetka Avenue continuing east approximately 290-feet. Alternate 1 consists of constructing a pedestrian bump out at the intersection of Boone Avenue N and Boone Circle N; Alternate 2 consists of constructing a pedestrian bump out at the intersection of Boone Avenue N and 34th Avenue; Alternate 3 consists of constructing a pedestrian bump out at the intersection of Boone Avenue N and 28th Avenue. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. SUMMARY © 2018 Stantec 1 193803898 01 10 00 - 1 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Pavement removals shall be minimized in an effort to avoid long segments of roadway being rough or gravel for long periods of time. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4. Keep existing driveways and entrances clear and available to the public and to the Owner at all times. 5. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Residents shall have access to all side streets and driveways between 7 P.M. and 7 A.M. 2. Access to schools shall be maintained at all times. Any driveway or lane closures at the schools shall be coordinated and approved with the Owner and School. 3. Access to businesses within the pavement removal area on 36th Avenue N shall be maintained throughout the duration of the project. 4. Working Hours: The Contractor shall work only between 7 A.M. and 8 P.M., Monday through Friday, and between 9 A.M. and 6 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. 1.07 OTHER WORK AT SITE A. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY 0 2018 Stantec 1 193803898 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - Boone Circle Pedestrian Bump Out - Add to Total Base Bid. 1. In general, the Work of Alternate No. 1 consists of all costs to furnish the materials and labor necessary to complete the pedestrian bump out improvements on Boone Avenue North at the intersection with Boone Circle in the vicinity of Northwood Park. D. Alternate No. 2 - 34th Avenue Pedestrian Bump Out - Add to Total Base Bid 1. In general, the Work of Alternate No. 2 consists of all costs to furnish the materials and labor necessary to complete the pedestrian bump out improvements on Boone Avenue North at the intersection with 34th Avenue N in the vicinity of Sonnesyn Elementary School. E. Alternate No. 3 - 28th Avenue Pedestrian Bump Out - Add to Total Base Bid 1. In general, the Work of Alternate No. 3 consists of all costs to furnish the materials and labor necessary to complete the pedestrian bump out improvements on Boone Avenue north at the intersection with 28th Avenue N in the vicinity of Robbinsdale Spanish Immersion Elementary School. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work- B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be PRICE AND PAYMENT PROCEDURES © 2017 Stantec 1 193803898 01 20 00 - 1 wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2017 Stantec 1 193803898 01 20 00 - 2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. 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. 5. Traffic Signal: Hennepin County and Owner. 6. Gas: CenterPoint Energy. 7. Telephone/Cable/Fiber: Comcast, Spring, Centuryl-ink, Access Communications, Arvig, Rogers Communications, AT&T, Zayo, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner. a. Hennepin County 1 j Contractor shall prepare detour plans for review and approval by County if requested. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION 0 2018 Stantec 1 193803898 01 31 00 - 1 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions, 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.07 SPECIAL PROCEDURES A. All work is to be completed in 2018. This project includes an incentive payment in the amount of $10,000 if certain requirements are met, as specified in the Agreement Form. B. All work on Boone Avenue N between 42nd Avenue N (CSAH 9) and 36th Avenue N must be substantially completed by June 29, 2018. C. Each phase of the project shall be substantially completed within 4 weeks (28 calendar days) of initial pavement milling/removal. The Contractor may choose to complete the work in several phases. D. 36th Avenue North within the full -depth pavement removal area may be closed for a maximum of three days, during which time all work including pavement and base material removal, bituminous base and binder paving, and installation of temporary lane delineators must be completed. 1. The road closure must be scheduled and approved by the Owner 2 weeks prior to the proposed closure date. 2. Access to all businesses shall be maintained throughout the closure. 3. Detour signing must be removed within the 3-day window. 4. Winnetka Avenue N (CSAH 156) must remain open to traffic at all times. PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 193803898 01 31 00 - 2 E. The Owner is extremely 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 services, streets, driveways, and boulevards are disturbed. Therefore, scheduling of Work, maintenance of local traffic, and timely repair of each utility, driveway, and yard are critical to the success of the Project. F. Resident and business notification of Work directly affecting their property is required for all situations. The Owner and Project Inspector will provide notices to residents. However, it is the responsibility of the Contractor to ensure that all those affected are aware of issues such as access restrictions or disrupted supply. G. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 193803898 01 31 00 - 3 This Page Left Blank Intentionally SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL I[6t. u�11VADVAOMA A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used, PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 1 1 by 17-inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2018 Stantec 1 193803898 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 by 11-inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 by 1 1-inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4-inch by 4-inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2018 Stantec 1 193803898 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2018 Stantec 1 193803898 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL I[i uu-:l A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2018 Stantec 1 193803898 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2018 Stantec 1 193803898 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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. a. 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 2. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. Installation of temporary manhole safety ramps at all castings within the milled surface area shall be incidental to the Traffic Control Bid Item. c. Placement of temporary striping or reflective lane markers after pavement milling shall be incidental to the Traffic Control Bid Item. Temporary striping or delineators shall be placed at all drive and turn lanes within 24 hours of completion of pavement milling. d. 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: e. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193803898 01 50 00 - 1 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 4. A Bid Item has been provided for Detour Signing. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment and materials associated with the required Traffic Control devices for the detour for the Full Depth pavement removal and paving on 36r" Avenue N between Winnetka Avenue (CSAH 156) and Louisiana Avenue. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. TEMPORARY FACILITIES AND CONTROLS 0 2018 Stantec 1 193803898 01 50 00 - 2 PART 2 PRODUCTS 2.01 MANHOLE SAFETY RAMP A. Rubber ramp sized to fit existing castings/valve boxes 1. American Highway Products or equal. 2.02 TEMPORARY LANE DELINEATION A. Contractor to choose one of the following: 1. Paint: Conform to Section 32 17 23 2. Temporary Reflective Pavement Marker a. Must be reflective and be able to be secured in place 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 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Salvage signs and posts as shown in the drawings and deliver to New Hope Public Works, as directed by the Engineer. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. © 2018 Stantec 1 193803898 TEMPORARY FACILITIES AND CONTROLS 01 5000-3 3.05 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary and storm flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 3.06 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 MNMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30-feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. 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 alternatives to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10-feet will be maintained at all times. c. 2-way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. 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. i. Contractor shall remove traffic control devices at the conclusion of the Work. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1193803898 01 50 00 - 4 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 J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. 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. 6. 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. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193803898 01 50 00 - 5 The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. The Contractor shall install manhole safety ramps around all castings and valve boxes within the milled pavement area immediately upon completion of milling. Ramps shall be removed prior to bituminous paving. The Contractor shall provide temporary lane delineation/markers for all drive and turn lanes within 24 hours of pavement milling. Delineation shall be maintained and replaced as necessary until bituminous wear course paving. Contractor may use either paint or temporary reflective lane markers. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 DETOUR IMPLEMENTATION A. General 1. The Item Detour Signing shall include all detour signing and barricading identified on the Drawing for the detour. The Contractor shall be responsible for the regular inspection and maintenance of the detour signing and barricade placement. 2. Detour signing work shall be performed as follows: a. All detour signing shall be installed and temporarily covered prior to activating the detour. b. Advance notice of road closure signing (G20-XI "ROAD CLOSED BEGINNING DATE/TIME") shall be installed and visible for a period of 11 days prior to the activation of the Project detour. The Advance Notice signs, G20-X1, shall be 72 inches by 60 inches. Advance notice of road closure signing shall be paid for under Item 2563.531, Construction Signs - Special at the Contract Bid Price per square foot. c. The detour shall be activated between the hours of 12 A.M. and 4 A.M., unless requested otherwise by the Engineer. This work shall be coordinated with all other work in detour signing to provide traffic a safe, smooth switch to the Project detour. d. The detour shall remain in place until the bituminous binder paving and placement of the temporary lane delineators within the full pavement removal area is completed. 3.08 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193803898 01 50 00 - 6 remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Fence 1. Install as shown on the Drawings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that maybe used to secure fencing gates. 3.09 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1193803898 01 50 00 - 7 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes ❑ No Do any devices need repair? ❑Yes ❑ NO Were all replaced or repaired? ❑Yes ❑ No 2. Are any lights (flashers, etc.) not functioning? ❑Yes I. _! No Were they all replaced or repaired ❑Yes ❑ No 3. Are any devices improperly placed? ❑Yes DNo Were all positions corrected? ❑Yes ❑No 4. Do any devices need cleaning? ❑Yes ❑No Where all devices cleaned? 1. Wes ❑ No ADDITIONAL COMMENTS: The above check was completed by at: (date) (time) (name / title) ❑AM ❑PM SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80-percent partial payment will be made upon installation and 20-percent payment will be made upon removal and restoration. a. Storm Drain Inlet Protection: Measurement will be by each. Includes in -street and non -paved catch basin inlet protection. Each catch basin will receive payment for only one time during the Project Work, regardless of the protection prior to or after paving. b. Erosion Control Blankets Category 0: Measurement will be by the square yard of material placed. Excessive blanket placed beyond the needed restoration area will not be included in payment. c. Hydraulic Soil Stabilizer: Shall be considered incidental for temporary restoration purposes. d. Ditch Check: Shall be considered incidental for temporary restoration purposes. e. Filter Logs: Shall be considered incidental for temporary restoration purposes. f. Water for Dust Control is considered incidental to the Project. G. Water used for the construction of the streets will be considered incidental to the Project. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2130 - Application of Water for Dust Control. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193803898 01 57 13 - 1 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2.0 and submitted each week that construction is active. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193803898 01 57 13 - 2 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. F. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch. 2.02 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. Category 0, Type IS, 2.03 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. 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. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573. a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/). 4. Rock filter. 2.04 SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7-inches in diameter. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193803898 01 57 13 - 3 B. Compost or rock logs, 6 to 8-inches in diameter. 2.05 DUST CONTROL A. Water clear and free from suspended fine sediment. 2.06 TEMPORARY SEED A. Conform to Section 32 92 00. 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. 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. C. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. D. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 3. Install blanket parallel to the direction of flow. 4. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193803898 01 57 13 - 4 control measure. If permanent seeding is available at the time of initial installation, a 1-time proper installation is acceptable. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. F. Filter Berms: Reference detail on Drawings. G. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3.M with Seed Mix 21-112 or 21 -11 1. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: a. The curtain shall be removed within 72-hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Maintenance: Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30-percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193803898 01 57 13 - 5 This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that the sweeper is operating on site to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the Site. a. Contractor should anticipate multiple mobilizations to perform this Work. 2. All other Work and Costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents, including updated Signal Record Plans as shown in T-Series Sheets. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2018 Stantec 1 193803898 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. EXECUTION REQUIREMENTS 0 2018 Stantec 1 193803898 01 70 00 - 2 E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholdinra.tox@state.rnn.us. END OF SECTION EXECUTION REQUIREMENTS © 2018 Stantec 1 193803898 01 70 00 - 3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 34 41 05 - Traffic Signs and Devices. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked or otherwise marked in the field. Payment will only be made for 1 saw cut at each location, just prior to wear course pavement. All sawcutting required for curb replacement, driveways, trails and sidewalks shall be incidental to the Project. 1) access issues as directed by the engineer incidental to this Bid Item. b. Remove Bituminous Pavement: Per square yard without regard to thickness. Bid Item is for removal of additional bituminous pavement in patch and utility improvement areas upon completion of milling on street sections; and at full pavement removal sections. c. Mill Bituminous Surface (2-inches): Per square yard. Precision edge milling at existing valve boxes, manhole covers and edge of curb is considered incidental to this bid item. d. Remove Concrete Walk: Per square yard without regard to thickness. Includes the removal of the concrete walk, pedestrian ramps, and truncated domes. Saw cut is considered incidental. e. Remove Bituminous Walk: Per square foot without regard to thickness. Includes removal of the bituminous walk and trail. Saw cut is considered incidental. f. Remove Curb & Gutter: Per lineal foot, regardless of type. Includes sawcutting, if necessary. g. Remove Concrete Driveway Pavement: Per square foot without regard to thickness. Saw cut is considered incidental. h. Remove Casting: Per Each. Payment includes excavation, removal, and disposal of existing frame and all rings from existing structures that are to remain in -place. i. Remove Manhole or Catch Basin: Per each, regardless of size or depth. Removal of casting and rings is incidental to this Bid Item. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193803898 0241 13 - 1 j. Remove Sewer Pipe (Storm): Per lineal foot without regard to type or size measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons and fittings. k. Remove Loop Detector: Per each loop detector removed as shown on the Drawings, including all wiring, conduit, and appurtenances. Bid Item is for existing loop detectors expected to be removed during the milling and pavement removal operations. 1) All loop detector abandonment/removals at 36th Avenue N and Boone Avenue N will be included in the Revise Signal System Bid Item. a) Loop Detectors at 36th Avenue N and Boone Ave N are not to be abandoned or removed until the signal system improvements are completed at the Boone and 36th Avenue Traffic Signal. 2) All loop detectors within the project area at Boone Avenue N and 42nd Avenue (CSAH 9) shall be tested prior to roadway milling. If the existing loop detectors are not impacted during the milling operations, the contractor shall test the loop detectors after the milling operations. If the loop detectors are found to still be operational, they will not be required to be removed and replaced. a) If the loop detectors at this intersection are impacted by the milling operation, install new loop detectors as specified. 3) Loop detectors on Boone Avenue North at Medicine Lake Road shall either be removed or abandoned as specified. 4) All loop detector testing is incidental. I. Salvage Sign: Per each sign, including removal of signs and post(s). All signs and posts shall be delivered to New Hope Public Works (incidental). All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 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. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193803898 0241 13 - 2 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. SELECTIVE SITE DEMOLITION 0 2018 Stantec 1 193803898 0241 13 - 3 D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1 /3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. 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). 3.07 PAVEMENT MILLING A. Bituminous 1. Refer to Plans for Mill and Overlay limits. By the direction of the Field Engineer, the milling limits may be adjusted due to field conditions or other considerations. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3. Excess millings to be disposed of off -site 3.08 REMOVE LOOP DETECTORS A. Boone Avenue N at 42nd Avenue N: Where loop detectors are to be removed, remove them in such as a way as to allow new loop detectors to be installed. Protect existing wiring, handholes, etc. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193803898 0241 13 - 4 B. All other intersections within the project area where loop detectors are to be removed will either be converted to video detection as part of this project, or have already been converted to video detection, and new loop detectors will not be installed. 3.09 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6-inches maximum beyond and 8-inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new Work and 6-inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.10 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new work and 6-inches beyond the edge of new driveways). 3.11 REMOVE MANHOLES AND CATCHBASINS A. Remove structure in its entirety, including casting, rings, cone section, barrel sections, and base slab. 3.12 REMOVE CASTING A. Remove casting and rings in their entirety. Protect concrete structure from damage during removal of casting. 3.13 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with non -shrink concrete grout 8-inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193803898 0241 13 - 5 B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3-feet of final surface elevation. 3.14 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT Spec. 2104.3.B. 3.15 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 or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.16 DISPOSING OF MATERIAL A. Conform to MnDOT Spec. 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193803898 0241 13 - 6 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clearing. Measurement will be by physical count of each tree cleared and having a diameter of more than 4-inches at a point 24-inches above the ground surface. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. A Bid Item has been provided for Grubbing. Measurement will be by physical count of each tree grubbed having a diameter of more than 4-inches at a point 24-inches above the ground surface. Payment will constitute compensation in full for all removal, disposal work and costs. 3. Sod Removal: This Work is considered incidental to the other Work of the Contract. 4. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 5. Tree Trimming/Pruning: This Work shall be incidental to the Project. 6. Brush Removal: This Work shall be incidental to the Project. 7. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2101 -Clearing and Grubbing. 2. 2571 - Plant Installation and Establishment. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4-inches or less at a point 2-feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. SITE CLEARING © 2018 Stantec 1 193803898 31 10 00 - 1 C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 QUALITY ASSURANCE A. Burning 1. On -Site burning is not allowed. 2. Conform to all local regulations. 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. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 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. SITE CLEARING © 2018 Stantec 1 193803898 31 10 00 - 2 B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6-inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 31 2300. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2-feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re -spread at a uniform depth of 4-inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right-of-way at a location selected by the Contractor. 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. 1. Haul excess topsoil offsite to allow for 6-inches of new topsoil borrow. D. On Site burial of any debris is not permitted. E. Burning 1. Burning is not allowed on Site. 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. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION SITE CLEARING © 2018 Stantec 1 193803898 31 10 00 - 3 This Page Left Blank Intentionally SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. Related Sections l . Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 -Site Clearing. 4. Section 31 23 13 - Subgrade Preparation. 5. Section 32 92 00 - Turf and Grasses. 6. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (EV) - Measurement will be by volume of material in its original position, based on measurements performed by the Engineer at the time of construction. Payment will include disposal of excess material off Site. 3. A Bid Item has been provided for Subgrade Excavation. Measurement will be by compacted volume in cubic yards of actual material excavated below the Grading Grade. Payment will include disposal of material off Site. 4. A Bid Item has been provided for Loam Topsoil Borrow. Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, and shaping of Topsoil Borrow shall be incidental to this Bid Item. The scarification of the top 3 inches of existing soil is also incidental to this Bid Item, and must be completed prior to installing topsoil borrow material. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 4. 3890 - Compost. EXCAVATION AND FILL © 2018 Stantec 1 193803898 31 23 00 - 1 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and pH levels. 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. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 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 finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil Borrow: 1. Loam Topsoil Borrow Conforming to MnDOT Spec. 3877.213, except as modified herein. a. Material shall be screened and pulverized. 2. Provide minimum depth of 6-inches topsoil borrow. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 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. EXCAVATION AND FILL © 2018 Stantec 1 193803898 31 23 00 - 2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3.D, or as modified herein. 1.. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3.1, or as modified herein. 1. Reclaim and milled materials may only be used as specified in the Drawings or as directed by the Engineer. 2. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3.E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3.F, 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. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3.1-1, 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. EXCAVATION AND FILL © 2018 Stantec 1 193803898 31 23 00 - 3 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2018 Stantec 1 193803898 31 23 00 - 4 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 21 1 1 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric, salvaged millings, sand subbase, aggregate backfill material, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION © 2018 Stantec 1 193803898 31 23 13 - 1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3.F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3.H, 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. END OF SECTION SUBGRADE PREPARATION © 2018 Stantec 1 193803898 31 23 13 - 2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric Type V. Measurement will be based on units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non - woven), except as modified below: 1. Materials: The fabric installed on top of the road, trail, and sidewalk subgrade shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2018 Stantec 1 193803898 31 32 19 - 1 The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Value Grab Tensile Strength ASTM D4632 200 either principal direction, lbs. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70-Percent Retained* Burst Strength ASTM D3786 400 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 130 lbs., min. Permittivity (sec-1) ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft.2 Minimum Fabric Weight 8 oz/sy AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 23 00. B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION A. Conform to MnDOT Spec. 3733.2.A except as modified below. B. Place geotextile immediately ahead of the covering operation. 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2018 Stantec 1 193803898 31 32 19 - 2 C. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. D. Secure fabric in place by means of stone weights to prevent displacement. E. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3-feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. Granular borrow shall not be dropped on the fabric from a height greater than 3-feet l . Place a minimum of 6-inches of Class 5 on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2018 Stantec 1 193803898 31 32 19 - 3 This Page Left Blank Intentionally SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 1 10 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2018 Stantec 1 193803898 32 11 23-1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate, except as modified herein: 1. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or allow for monetary price adjustments per MnDOT Spec. 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. On -Site recycled materials shall not be used unless directed by the Engineer. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100-Percent Standard Proctor Density. 2. Compaction for aggregate base on driveways and sidewalks shall be done by the Quality Compaction Method. 3. Install aggregate base in accordance with details on Drawings. 4. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES 0 2018 Stantec 1 193803898 32 11 23 - 2 SECTION 32 12 02 FLEXIBLE PAVING (STATE AID PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Spec 2360.4 and 2360.5, except as modified herein. 2. A Bid Item has been provided for bituminous material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non -wearing course placement is considered incidental to the placement of the non -wearing course. 3. Bid Items have been provided for different types of bituminous mixtures: a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the 2016 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. b. The Bid Unit Price includes both the bituminous mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. A Bid Item has been provided for Bituminous Patching Mixture. a. Measured by the weight in tons of material placed and accepted. Payment shall be made in accordance with the acceptance and payment schedules provided in the 2016 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. b. The Bit Unit Price includes both the bituminous base and binder mixtures and asphalt binder material on areas to be patched, including those bituminous areas adjacent to curb, pedestrian curb ramp, and driveway installation; and where any subgrade corrections within the roadway are necessary. FLEXIBLE PAVING (STATE AID PROJECTS) © 2018 Stantec 1 193803898 32 12 02 - 1 c. The final 2 ' �i ii.,I i wear course paving within the streets shall be paid under the Wearing Course Mixture Bid Item. d. Partial payment will not exceed 70-_percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 5. Preparation of Bituminous Non -Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non -wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) l . 2016 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. A copy can be found at htt www.dot.state.mn.us re-lettin 2a sec 2016 16-s cl ecbaak. f Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." a. 2357 - Bituminous Tack Coat. b. 2399 - Pavement Surface Smoothness. c. 2535 - Bituminous Curb d. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents and schools prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 3305 17. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form. 1. Non --Wearing Course - SPNWB430B FLEXIBLE PAVING (STATE AID PROJECTS) © 2018 Stantec 1 193803898 32 12 02 - 2 2. Wearing Course - SPWEA440E. 3. Pathways, Driveways, Parking Lots, and Patching- Wearing Course - SPWEA230B. B. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. C. Driveway Patch Pavement Section 1. Match existing pavement section unless directed otherwise by Engineer. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non -Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Spec. 2360.3A7, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. 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 Spec. 2360.3.B. FLEXIBLE PAVING (STATE AID PROJECTS) © 2018 Stantec 1 193803898 32 12 02 - 3 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.313. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3. Follow asphalt emulsion supplier recommended application rates. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Spec. 2360.3.D, except as modified herein. 1. Pathways, Driveways, Wearing -C--:ourse, and Patching shall conform to Spec. 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Spec. 2360.3.D.1 - Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Surface requirements conform to MnDOT Spec. 2360.3.E and lift thickness conform to MnDOT Spec. 2360.3.E.1, except as modified herein 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. 3. Structure adjustment - Conform to Section 33 05 17 for tolerances. 3.07 TIGHTBLADING A. This item is intended to be used to fill cracks and other deformations on the existing roadway that will not be corrected with milling or removal and replacement operations. B. Tack material shall be applied to the road before tightblading operations begin. C. Mixture shall only be applied in locations that are not slated for milling or removal and replacement. FLEXIBLE PAVING (STATE AID PROJECTS) © 2018 Stantec 1 193803898 32 12 02 - 4 D. Motor grader used to spread material shall have 1--foot shoe extensions on each end of the mow board. E. Following application of the material, it shall be rolled with a rubber tire roller. END OF SECTION FLEXIBLE PAVING (STATE AID PROJECTS) © 2018 Stantec 1 193803898 32 12 02 - 5 This Page Left Blank Intentionally SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, driveways, and valley gutters. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 02 - Flexible Paving (State Aid Projects). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4 Inch Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk is considered incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for 6" Concrete Walk. Bid Item is for concrete pedestrian ramps. Measurement shall be on the basis of square feet of ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp is considered incidental. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193803898 3213 14 - 1 3. Bid Item for 7'' Concrete Driveway Payment has been included in the Bid Form. Measurement shall be on the basis of in -place square yard. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for 7" Concrete Driveway Pavement is considered incidental. c. Aggregate base beneath 7" Concrete Driveway Pavement shall be measured and compensated per Section 32 11 23. 4. A Bid Item has been provided for Truncated Domes, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually installed. No additional payment will be made for radial Truncated Domes. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753 -Type 1-D Membrane Curing Compound. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will approve the contractor designed job mix proportions. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193803898 32 13 14 - 2 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed prior to the placement of the bituminous walk or pathway. B. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification. a. Sidewalk, Pedestrian Ramps, and Driveways: Mix No. 3F52A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. E. Truncated Dome Panels: MnDOT approved products. 1. East Jordan Iron Works - Cast Iron, Powder coated - Charcoal Grey. 2. Neenah Foundry Company- Cast Iron, Powder coated -Charcoal Grey. 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193803898 32 13 14 - 3 C. Construct walkways and driveways to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete curb ramp to conform to the Drawings. F. Verify locations with Engineer in the field prior to construction. G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow fines shall show neat workmanship. H. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3.C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3.C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3.D.2, 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 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3.F, except as modified herein. 1. Install four No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2-inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3.D and 2531.3.D for slip form or 2531.3.1 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193803898 32 13 14 - 4 Pedestrian Curb Ramp - Truncated Domes l . Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6-inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2-inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7038A or current revision for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Conform to MnDOT Standard Plan 5-297.250 for determination of square or radial truncated domes. 5. Multiple Truncated Dome panels shall be of equal size. 6. Joint space between truncated dome panels shall be no greater than 1/4-inch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3.E and 2521.3.E.1.a (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3.E.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces 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. 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193803898 3213 14 - 5 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3.G, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS O 2018 Stantec 1 193803898 3213 14 - 6 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 02 - Flexible Paving (State Aid Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line, regardless of curb and gutter size or type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/ castings that are located along the face of curb. 2. No separate measurement or payment will be made for modifications at curb ramps, transition sections, or curb depressions at driveway aprons. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 7. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete cylinder test results for all concrete pours in any given day. CURBS AND GUTTERS © 2018 Stantec 1 193803898 32 16 13- 1 B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. Allow for sufficient curing time. C. Coordinate notifications of restricted driveway access with Engineer and property owners. Minimizing inconvenience to businesses, schools, and residents is a necessity to the success of the project. D. Spot replacement of curb and gutter should be completed prior to any bituminous paving in the mill and overlay and full pavement removal areas. 1. Install new curb and gutter within 3 days of removal in these areas. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3F52C. b. Slip Form Placement Mix No. 3F32C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. 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. CURBS AND GUTTERS © 2018 Stantec 1 193803898 32 16 13 - 2 C. Construct the style or type of curb and gutter as shown on the Drawings. If curb style is not designated on the Drawings, curb style shall match existing. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Contractor shall confirm locations of application of curing compound to existing curb and gutter with the Engineer prior to application. K. Contractor shall take care during cure application to protect existing driveways and street surfaces from cure material. L. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3. Aggregate base shall be approved by Engineer prior to curb and gutter placement. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3.13. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3.E, 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. 2531.3.F, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2-inch coverage on all sides. a. Placement at catch basins conform to the details on the Drawings. CURBS AND GUTTERS © 2018 Stantec 1 193803898 32 16 13 - 3 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3.G and 2531.3.G.1.a (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees F during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3.G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces 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. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3.H, except as modified herein. 1. Initial Backfilling a. Follow the 72-hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. CURBS AND GUTTERS © 2018 Stantec 1 193803898 32 16 13 - 4 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3.1, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2018 Stantec 1 193803898 3216 13 - 5 This Page Left Blank Intentionally SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 02 - Flexible Paving (State Aid Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items for pavement markings and lines of each type and material are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, glass beads, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. 2. Lines a. Lines shall be measured by the lineal foot on the basis of length 1) No separate measurement shall be made on the basis of color. 2) Separate measurement will be made for paint markings and epoxy markings. 3) Payment for broken or dashed lines shall include only the length of paint applied. 4) Payment for double line shall include both lines. For example, 1 lineal foot of roadway painted with double lines shall be paid as 1 lineal foot of striping. 3. Pavement Messages a. Messages shall be measured on the basis of actual area in square foot of message applied. 1) Separate measurement will not be made for each type or color of message. 2) Separate measurement will be made for paint messages and epoxy messages. 4. Crosswalk 1) Shall be measured by the actual area of painted crosswalk applied in square feet. 2) Separate measurement will be made for paint and epoxy crosswalk marking. 5. Temporary Delineation of driving and turn lanes after pavement milling shall be incidental to the Project and included in the Total Base Bid. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 1. 2582 - Permanent Pavement Markings. 2. 3590 - Epoxy Resin Pavement Markings. PAVEMENT MARKINGS © 2018 Stantec 1 193803898 32 17 23 - 1 3. 3591 - High Solids Water Based Traffic Paint. 4. 3592 - Drop -On Glass Beads. 5. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 6. The Application Specification for Conventional Pavement Marking Materials. 7. 3-Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint/epoxy lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75.. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. Epoxy Resin 1. Type II, slow cure material. 2. Solvent free. 3. Free of toxic heavy metals. 4. Colors a. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. b. White Color - Flat white. c. Yellow Color - Color No. 33538 of Federal Standard 595. C. Glass Beads 1. Conform to MnDOT Spec. 3592. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 Ibs/gal. 4. Capable of accumulating footage applied per gun. PAVEMENT MARKINGS © 2018 Stantec 1 193803898 32 17 23 - 2 5. Stainless steel components in the delivery system required for water -based materials. PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint/Epoxy Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. Street Surface l . Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. PAVEMENT MARKINGS © 2018 Stantec 1 193803898 32 17 23 - 3 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4-inch under or 1/4-inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4-inch broken line consists of 10-feet of paint and 40-feet of space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to 15 ten -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of all paint or epoxy lines and markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20-percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20-percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90-percent of the deficient line shall be removed. E. Width of removal shall be 1-inch wider on all sides than the nominal width of the marking to be removed. PAVEMENT MARKINGS © 2018 Stantec 1 193803898 32 17 23 - 4 F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS © 2018 Stantec 1 193803898 32 17 23 - 5 This Page Left Blank Intentionally SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control compost blanket. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seed Mixture 25-151. Measurement will be based on units of pounds for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all item specific installation activity. Maintenance and watering shall be incidental to this Bid Item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum 3-years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. TURF AND GRASSES © 2018 Stantec 1 193803898 32 92 00 - 1 E. 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. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil which are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to installing erosion control compost blanket blown with seed. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70-percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24-percent nitrogen, 12-percent phosphoric acid, and 24-percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: Conform to MnDOT Spec. 3876. A. Lawns: Conform to MnDOT Mixture 25-151. TURF AND GRASSES © 2018 Stantec 1 193803898 32 92 00 - 2 2.04 MULCH: Conform to Section 01 57 13. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13, 2.06 EROSION CONTROL BLANKET A. Conform to Section 01 57 13. B. Category 0, Type 1 S, weed -free. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. 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. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D. 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). TURF AND GRASSES © 2018 Stantec 1 193803898 32 92 00 - 3 3.04 SOWING SEED A. Seeding Dates: Conform to Table 2 in the 2014 MnDOT Seeding Manual and MnDOT Spec. Table 2575-1 for the mixes specified. 1. Spring: April 1 to June 1. 2. Fall: July 20 to September 20. 3. Deviations in planting schedule will be at the approval of the Engineer. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein. 1. For 25-151 seed mix, apply seed at a rate of 200 lbs. per acre. D. Disk anchoring shall be considered incidental to placement of Seed. 3.05 MULCH: Conform to Section 01 57 13. 3.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.07 EROSION CONTROL BLANKET A. Conform to Section 01 57 13. 3.08 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.09 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90-percent per each square foot. 3.10 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3.K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. TURF AND GRASSES 0 2018 Stantec 1 193803898 32 92 00 - 4 C. Any seed that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. E. Watering of seeded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.11 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90-percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2018 Stantec 1 193803898 32 92 00 - 5 This Page Left Blank Intentionally SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 10 00 - Water Utilities. 3. Section 33 40 00 -Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Improved Pipe Foundation: Considered incidental and shall be included in the price of pipe furnished and installed. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 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-Ibf/ft). TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 1 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath 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 drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1-foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. 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 TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 2 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2-inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe. 1. Comply with MnDOT Spec. 3149.2.B.1 for granular borrow. a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1-inch maximum aggregate size. B. Reinforced Concrete Pipe (RCP) 1. Class C-1 Bedding a. Undisturbed soil. b. No rocks larger than 3 inches shall be placed within the pipe zone. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2.H 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. 3149.2.H 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2.B.1 for Granular Borrow 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1-inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 3 PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing 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. 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 TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 4 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 all right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1-foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 5 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. C. 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. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4-inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12-inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3.F.1 "Specified Density Method." Trenches shall be compacted to a minimum of 95-percent, except to 100-percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3-percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85-Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. TRENCHING AND BACKRLLING © 2018 Stantec 1 193803898 33 05 05 - 6 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING © 2018 Stantec 1 193803898 33 05 05 - 7 This Page Left Blank Intentionally SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 10 00 - Water Main Utilities. 2. Section 33 39 00 -Sanitary Utility Sewer Structures. 3. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Install Casting: Per each casting as shown on the Drawings and Bid Form or as directed by the Engineer, regardless of type. Payment includes excavation, compaction, adjustment using HDPE rings, casting frame and lid, fabric around outside of rings and bituminous replacement around frame and casting. Measurement will be by each casting installed. a. For Manhole Castings, "New Hope" Logo Lid will be provided by New Hope, and can be picked up by Contractor at New Hope Public Works. b. Casting installation on structures installed under this Contract shall be incidental to the structure installation. 2. Adjust Valve Box: A Bid Item has been provided for Adjust Valve Box. Measurement will be by each valve box adjusted. a. Adjustment of Valve Boxes installed under this Contract shall be incidental to the Valve Box Bid Item. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. Cb - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 - Specification for Portland Cement (Concrete Rings/Mortar). b. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 193803898 3305 17 - 1 Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. 1.04 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. High -Density Polyethylene (HDPE) 1. Molded high -density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C 141. 4. Mix Proportions: 1-part cement to 3-parts mortar sand; lime may be added to mixture. Maximum amount 15 percent by volume. C. Sealant (For HDPE Rings) 1. DOW 999 - A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: Per details on Drawings except as modified below. 6. Sanitary Sewer and Storm Sewer Manhole Lids: a. "New Hope" Logo Lid will be provided by the City and can be picked -up by the Contractor at New Hope Public Works: 5500 International Parkway 7. ADA-Compliant Castings: Conform to the Detail on the Drawings. 8. Storm Sewer Manhole Castings: Neenah R-1642-B 9. Storm Sewer Catch Basin Castings (Not including ADA-Compliant): Conform to the Detail on the Drawings. a. Surmountable Castings: Neenah R-3290-A. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 193803898 3305 17 - 2 2.04 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. 2.05 VALVE BOX A. Risers 1. Conform to the requirements of Section 33 10 00. PART 3 EXECUTION 3.01 GENERAL A. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. B. The frame shall be raised or lowered to match the street or gutter. C. Protect existing structures from damage. D. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring l . Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adjusting rings as per the following: Location of Sealant Type of Sealant Between casting and last ring: Two 1/2-inch beads of DOW 999 Between intermediate rings: 1/2-inch bead of DOW 999 Between cone/top slab and first ring: Two 1/2-inch beads of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. b. Install new frame and casting. 7. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 8. Patch road to match existing pavement section. 9. Dispose of removed material off Site. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 193803898 3305 17 - 3 3.04 REMOVE EXISTING AND PLACE NEW CASTING A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Article 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. E. Dispose of removed material off Site. 3.05 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. 3.06 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8-inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8-inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10-feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with 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. 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. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 193803898 3305 17 - 4 G. Adjust valve boxes to 1/8-inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 193803898 3305 17 - 5 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main valves, and miscellaneous appurtenances. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Valve Box. Measurement will be based on each Valve Box installed, top section only. Payment at the Bid Unit Price shall include removing existing top section of water main gate valve box, furnishing and installing a new Valve Box top section complete in place as specified by the Engineer in the field. This bid item is to be used for broken top sections found during construction as directed by the engineer. Adjustment of new valve boxes is incidental to this Bid Item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Water Works Association (AWWA) 1. C515 - Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service. 2. C550 - Protective Interior Coatings for Valves and Hydrants. American Society of Testing and Materials (ASTM) 1. A48 - Gray Iron Castings. 2. Al 26 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A536 - Standard Specification for Ductile Iron Castings. 4. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Valve Box 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 72 hours prior to performing Work. The Contractor is responsible to notify the West Metro Fire Department of the intended shutdown. WATER UTILITIES © 2018 Stantec 1 193803898 33 10 00 - 1 B. Owner requires a minimum 72-hour notice for all residential utility interruptions. No residential utility interruptions shall begin prior to 9 A.M. (unless approved by the City otherwise) and maximum service interruption shall be 8 hours. 1. Residential utility shutdowns cannot take place on Fridays or Saturdays. PART 2 PRODUCTS 2.01 VALVE BOX A. Valve Boxes 1. 3-piece, cast iron, screw -type. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. PART 3 EXECUTION 3.01 INSTALLATION OF VALVE BOX A. Maintain valve box centered and plumb over the operating nut of the valve. B. Set top of valve box flush with the existing surface to provide 12-inches of upward adjustment. C. Adjust Valve Box in accordance with Section 33 05 17. END OF SECTION WATER UTILITIES 0 2018 Stantec 1 193803898 33 10 00 - 2 SECTION 33 39 00 SANITARY UTILITY SEWER STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer manholes and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Construct Riser. Bid Item is for the integral concrete rings to be installed at existing manhole locations. Measurement will be by the lineal foot of solid ring height in half -foot increments (0.5', 1.0', 1.5'). Payment will include the removal and appropriate disposal of the existing sanitary sewer rings, and furnish and install of a new integral ring section. a. Adjusting Rings and Casting shall be paid separate under Install Casting Bid Item - See Section 33 05 17. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 2. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 3. C150 - Specification for Portland Cement. 4. C443 - Specification for Joints for concrete Pipe and Manholes, Using Rubber Gaskets. 5. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 6. C 923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals. 1.04 SITE CONDITIONS A. Manhole locations are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. SANITARY UTILITY SEWER STRUCTURES © 2018 Stantec 1 193803898 33 39 00 - 1 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Integral concrete ring. 1.06 QUALITY ASSURANCE A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer or other representative of the Owner. Such inspection may be made at the place of manufacture or on the Work after delivery, or at both places and the materials shall be subject to rejection at any time on account of failure to meet any of the requirements specified herein. Material rejected after delivery to the Site shall be marked for identification and shall be removed from the Site at once. All materials which have been damaged after delivery will be rejected and if already installed shall be removed and replaced entirely at the Contractor's expense. B. At the time of inspection, the materials will be carefully examined for compliance with the appropriate ASTM Standard and this Section and with the approved manufacturer's drawings. All precast manhole sections shall be inspected for general appearance, dimension, "scratch -strength," blisters, cracks, roughness, soundness, etc. The surface shall be dense and close -textured. PART 2 PRODUCTS 2.01 COMPONENTS A. Integral Concrete Ring 1. Precast concrete sections conforming to ASTM C478 and this Section. No lift holes permitted. a. All sections shall be cured by an approved method and shall not be shipped nor subjected to loading until the concrete compressive strength has attained 3,000 psi and not before 5 days after fabrication and/or repair, whichever is longer. B. Castings: See Section 33 05 17, 2.02 ACCESSORIES A. Joint Sealers 1. Sealer between upper precast section and casting frame and between all precast sections a. Thickness: 1-inch wide by 3/8-inch thick (minimum). b. High quality, non -hardening, butyl rubber, 98-percent solids that will not harden, shrink or oxidize. c. Ram-nek, or approved equal. B. Mortar 1. Grout a. Cement and fine aggregate as specified for concrete. b. Mix Proportion: 1-part Portland cement, 2-parts sand, by weight. c. Water/Cement Ratio: 0.50 +/- 0.05. d. Non - Setting by prolonged mixing. e. Mix 10 minutes in a power mixer. SANITARY UTILITY SEWER STRUCTURES © 2018 Stantec 1 193803898 33 39 00 - 2 f. Slump: 6 inches +/- 1 inch. 2. Non -Shrink Grout - Minimum compressive strength of 3,000 psi. C. Adjusting Rings: Conform to Section 33 05 17. PART 3 EXECUTION 3.01 TRANSPORTATION A. Transport precast units by rail or truck in a manner to avoid excessive stress or strain on units. B. Support units during hauling and stockpiling with sufficient hardwood shores to prevent cracking and spalling. Secure units in place to prevent shifting or undesired movements. Location of temporary supports shall be as directed by precast manufacturer. 3.02 CLEANING A. All new manhole sections and integral rings shall be thoroughly cleaned of all silt, debris, and foreign matter of any kind prior to final inspection. END OF SECTION SANITARY UTILITY SEWER STRUCTURES © 2018 Stantec 1 193803898 33 39 00 - 3 SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. Related Sections l . Section 31 23 00 - Excavation and Fill. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 33 05 17 - Adjust Miscellaneous Structures. 6. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, class, and type, regardless of depth of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for Install Catch Basin and Install Manhole. Measurement will be based on units of each, according to type and size, regardless of depth, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect to Existing Structure. Measurement shall be per each connection made, regardless of type of existing structure, or type of connecting pipe material/size. Payment will include all costs related to making the connection, including removal and disposal of the existing grout for connection into an existing hole in the storm structure, field core drilling is also included within this bid item when connecting to a structure where a new connection hole must be constructed. This Bid item is for the storm improvements on Boone Avenue at Station 32+00. 4. A Bid Item has been provided for Connect to Existing Storm Sewer Pipe. Measurement shall be per each connection made, regardless of type of existing bulkhead or plug, or type of connection made. Payment will include all costs related to making the connection, including removal and disposal of the existing bulkhead or plug, and construction of concrete collar if necessary. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 1 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) l . A48 - Specification for Gray Iron Castings. 2. Al 53 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic - Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 2002 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 11 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 2 B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field -installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. D. Manhole/Catch Basin Elevation Report 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions a. 1-part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1-part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flows- C. Type and Style: As shown on Drawing. Manhole Covers without grate openings will be supplied by the City of New Hope. D. All Manhole covers shall have City of New Hope logo and will be provided by the Owner. E. Covers with 2 concealed pick holes of approved design. F. 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. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 3 C. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block maybe used for the lower portion of structures over large pipe only when approved by the Engineer. D. Manhole Joints: Rubber 0-ring gasket type meeting ASTM C443. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. F. Catch Basins shall be 2-feet by 3-feet in size. G. Manholes shall be 48-inches in diameter. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. F. Provide report certifying that the quality assurance requirements were completed as required. 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. 0- 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. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 4 PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. 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. 1. Bypass Pumping may be needed for the replacement of the storm sewer pipe at Station 33+00 on Boone Avenue N. 3.02 INSTALLATION A. Connect to End of Existing Pipe 1. Connect to existing pipe at locations shown on the Drawings. 2. Locate and expose end of existing pipe. 3. Remove existing bulkhead or plug and dispose of off Site. a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 4. Utilize standard bell and spigot joint with rubber O-ring gasket if possible. 5. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12-inches thick in all locations and shall extend a minimum of 12-inches each way of the joint. B. Pipe Installation 1. A minimum of 2 drive lanes must remain open at all times during the storm sewer replacement at Station 33+00 on Boone Avenue North. 2. 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. 3. 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. 4. Lay pipe upgrade with spigot ends pointing in the direction of flow. 5. All joints must be watertight. 6. 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. 7. 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. 8. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re-laid as directed by the Engineer. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 5 C. Structures and Appurtenances Installation. l . Furnish and install structures in accbrdance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24-inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15-inches on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. On structures with a build that contains more than 1-barrel section, the section immediately below the precast top slab shall be maximum 16-inch height. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90-degree v-notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. 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. STORM DRAINAGE UTILITIES 0 2018 Stantec 1 193803898 33 40 00 - 6 g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Establish erosion control measures as per Section 01 57 13. END OF SECTION STORM DRAINAGE UTILITIES © 2018 Stantec 1 193803898 33 40 00 - 7 Manhole/Catch Basin Field Elevation Report 5 Stantec Project: Date: Owner: Contractor: Stantec Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to com Mete this form before Rayment of structure is apmoved. Structure Location As - Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Invert Invert (+ / ) Comments /Quality No. Station invert/flow Location e Lone (from Elevation * Assurance plan) MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * - As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer drain tile. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 4" Perforated PVC Pipe Drain. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, and fittings and connection to structures. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the draintile prior to the installation of the draintile. SUBDRAINAGE © 2018 Stantec 1 193803898 33 46 00 - 1 PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to Schedule 40. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8-inch and a minimum of 3/16-inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drainpipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Diuwiiicys ui designated by the Engineer. SUBDRAINAGE © 2018 Stantec 1 193803898 33 46 00 - 2 H. Connections: Core drill holes into existing precast structures. Seal joints with mortar. Compaction: Conform to Section 33 05 05. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION SUBDRAINAGE © 2018 Stantec 1 193803898 33 46 00 - 3 This Page Left Blank Intentionally SECTION 34 41 05 TRAFFIC SIGNS AND DEVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Signs, signposts, and hardware. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for Sign Panels Type C. All new signs shall be measured in accordance with MnDOT Spec. 2564.4G. Payment for all sign installation shall be at the Bid Unit Price per unit of measure of square feet and shall include all materials, equipment, and labor necessary to install each sign and post(s) at the staked location. 2. There will be no extra compensation for posts, regardless of length or required configuration. There shall be no extra compensation for post installations in bituminous or concrete surfaces. 3. Salvaged signs shall be measured and paid for as specified in Section 02 41 13. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2564 - Traffic Signs and Devices. 2. 3352 -Signs, Delineators, and Markers. 3. 3401 - Flanged Channel Sign Posts. B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material 1. Sign Panel Base Material: Sheet aluminum conforming to the material requirements of MnDOT Spec. 3352.2A.1.a 2. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of MnDOT Spec. 3352.2A.2.g "Sign Sheeting Type XI." a. Diamond Grade DG3 from MnDOT Approved Products list. 3. Sign Legend Material for Signs: "Direct Applied" conforming to the requirements of MnDOT Spec. 3352.2A5. TRAFFIC SIGNS AND DEVICES © 2018 Stantec 1 193803898 3441 05 - 1 B. Square Sign Posts 1. All Type C and Street Name Blade signposts shall be Telespar by Unistrut or approved equal: a. Anchor System: 2-inch square, 12-gauge, non -perforated, galvanized, with Telespar Omni -anchor system, or approved equal. b. Post: 1-3/4 inch square, 14-gauge, non -perforated, galvanized. 2. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. a. Post length to be 8'-0" minimum, 12'-0" maximum. 3. Attach post to anchor system with 5/16-inch diameter corner bolt. C. Hardware 1. Bolts: a. 5/1 6-inch stainless steel bolts b. A-304 stainless steel or Grade 5 zinc plated steel. 2. Nylon inserts lock nuts. 3. Nylon washers: a. 1 /32-inch thick. b. Maximum of 3/8-inch inside diameter. c. Maximum of 7/8-inch outside diameter. 4. Stainless steel washer. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise noted or modified herein, all sections of MnDOT Spec. 2564, all sections of MnDOT's Standard Signs Manual, and Chapter 6 of MMUTCD shall apply. B. The fabrication of all signs and devices shall conform to MnDOT Spec. 2564 and the latest edition of the MMUTCD and the MnDOT Standard Signs Manual. C. The sign number designation indicated on the Drawings shall comply with applicable requirements of MMUTCD and MnDOT Standard Signs Manual. 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located prior to installing all signposts. Provide Engineer 48-hour notice prior to sign installations to allow for adequate staking time. B. Fabricate, hole -punch, and mount sign panels in accordance with the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with the month and year using a thick permanent black marker pen or furnish and install inventory/I.D. stickers approved by the Owner. C. Install nylon washers between the bolt and the sign face (sheeting). Do not over tighten bolts to the point where the sign sheeting separates from the sign backing, which would be cause for rejection and replacement at no additional cost to the Contract. The nylon washers used to protect to sign face shall be 1 /32-inch thick, have a maximum inside TRAFFIC SIGNS AND DEVICES © 2018 Stantec 1 193803898 3441 05 - 2 diameter of 3/8 inch, and outside diameter of 7/8-inch. There shall also be a stainless -steel washer between the nylon washer and the bolt head. D. The bottom section of each signpost shall be mounted into the ground to a minimum depth of 3-1/2 feet. The lower section of post shall be at least 30 inches above the ground to allow for a 12-inch splice and a minimum clearance of 18 inches from the ground to the bottom of the top section of post. The splice of the upper and lower section posts shall be made with 2-5/16 inch stainless steel bolts with nylon insert lock nuts placed in the top and bottom holes of the overlap splice. Where 2 or more single post signs are mounted side by side, they shall be reinforced laterally by at least 2 post sections, bolted at each post, and located approximately at the quarter points. E. Contractor should plan for sign placements in hard surfaced areas prior to any new concrete and/or bituminous paving and provide "box -outs" for each sign in such a location. The "box -out" must be a 6-inch diameter round section of PVC pipe or a 6-inch core cut hole. With either option, the box -out must be to a depth which encroaches the underlying soils. F. Sign panels shall be located relative to concrete curb per Figure 6.3 of the MnDOT Traffic Engineering Manual: 1. Lowest point of any sign panel shall be 7 feet above finished grade at the point of installation. 2. Edge of sign panel shall be no closer than 2 feet from the face of curb. G. The Contractor shall install MnDOT approved/furnished warning stickers on all new Type C sign panels. END OF SECTION TRAFFIC SIGNS AND DEVICES © 2018 Stantec 1 193803898 3441 05 - 3 This Page Left Blank Intentionally SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36TH AVE CITY PROJECT NO. 999 193803898 DIVISION SS SS-1 (1802) QUALIFICATION OF WORKERS Workers are required to be certified in accordance with 2545.113 SS-2 (2565) REVISE SIGNAL SYSTEM This work consists of removing items of the existing traffic control signal system; and furnishing and installing materials and electrical equipment as specified herein, all to provide a complete operating revised signal system at the intersection of Boone Avenue and 361h Avenue in New Hope, Hennepin County, MN in accordance with the applicable provisions of MNDOT 2565; with the current edition of the National Electrical Code; with the Plans; and as follows: A. 2565 Definitions Definitions are in accordance with Standard Specifications for Construction Sectionl 103 and as follows: 1. Approved/Qualified Products List (APL) 2565 ABBREVIATIONS D. GLOSSARY OF ACRONYMS AND ABBREVIATIONS Acronyms and abbreviation used in the Contract to represent full text in accordance with 1102 "Abbreviations and Measurement Units" and as shown in Table 2545-1: , Table 2565-1 Acronyms and Abbreviations Used Acronym or Short Form Full Name or Meaning APL Approved/Qualified Products List SS-2.1 GENERAL B. Revise Existing Traffic Control Signal System Revise the existing traffic control signal system in accordance with the Plans and with the following to provide a complete operating revise signal system: 1 ' 1. Remove and dispose of items of the existing traffic control signal system not being reused in the revise signal system as required by the Plans and these Special Provisions. i-ss SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36TH AVE CITY PROJECT NO.999 193803898 2. Remove loop detectors, lead-ins, and wire as required by the plans. 3. Abandon loop detectors and conduit as required by the plans. 4. Provide and install new items as required by the Plans which includes, but is not limited to the following: (4.1) Video Detection Equipment (including hardware, bracketing and connections) (4.2) Traffic control signal electrical cables and conductors 5. Provide and install insulated spade lugs on conductors required to be terminated. 6. Provide and install new labels to identify cables and conductors as required by the field wiring diagram. 7. Terminate all cables and conductors as required to provide an operational revised signal system to the satisfaction of the Engineer. SS-2.2 MATERIALS A. Video Detection System The Contractor shall furnish, install, and make operational all video detection devices for the Permanent Signal System as shown in the Plans and as follows: The video detection package will consist of cameras (Autoscope Vision Processor devices as manufactured by Econolite Control Products Inc. or Engineer approved equal), mounting brackets, Com Manager board, and 1400 feet of cable. The Contractor shall provide and install all other cables, conductors, mounting hardware, and all other equipment necessary to make operational each video detection device as per the Plans and to the satisfaction of the Engineer. All other equipment necessary in each controller cabinet to operate each video detection system shall be provided and installed by the Contractor, and shall be new and fully compatible with the "Autoscope Vision" cameras. The Contractor shall, to the satisfaction of the Engineer, affix to the back of each video detection camera a permanent label indicating the date of installation. SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36TH AVE CITY PROJECT NO.999 193803898 Video Cable The video cable shall be Autoscope Branch Cable. The cable is comprised of power limited tray cable as follows: 3 conductors are #18 AWG (19X#30) extruded polyethylene insulation, overall Polyethylene jacket with nylon ripcord and color coded or approved equal by the Engineer. Video System Installation The Contractor shall install the Autoscope cameras on mast arms at the location as shown in the plans and directed by the Engineer; in accordance with the manufacturer's guidelines; and to the satisfaction of the Engineer. Field adjustments may be required to fit cameras adjacent existing signal components including EVP and signage. Camera locations and corresponding cable shall be labeled to correlate with indications shown in the Plan. Drip loops shall be provided for the camera power and video cables using a % inch strain relief fitting. The Contractor shall splice the cable in the base and must use a Raychem Splice Kit. The cable splice shall be supported a minimum of 12" above the concrete using a 1/z" PVC conduit to prevent moisture from penetrating the Splice. The cameras shall be aimed and secured in an aimed position by the Contractor. The Contractor shall employ a Field Service representative approved by the Autoscope supplier. The cameras shall be aimed so that the field of view is as directed by the Engineer. All Autoscope equipment and cameras shall be installed by personnel with proper training and certified for Autoscope installation by the equipment manufacturer. The Contractor is responsible for all the cost including services of field service representative of the Autoscope supplier. SS-2.3 CONSTRUCTION REQUIREMENTS A. Existing Electrical Systems Ensure that the existing traffic control signal system is kept in operation at all times in accordance with the provisions of MnDOT 2565.3B. B. Maintenance of Existing Electrical Systems Maintain and keep in operation new and existing electrical systems in accordance with 2565.3B and as follows: 3-SS SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36" AVE CITY PROJECT NO.999 193803898 The Contractor is responsible for locating all underground facilities of existing traffic control signal systems including temporary, and newly constructed signal systems within the limits of the construction project, for the duration of the construction project in accordance with the applicable provisions of MNDOT 1514 and in accordance with Minnesota State Statute 216D. The Contractor responsible for locating all underground traffic control signal system facilities will repair any damage as the result of improperly located or unmarked underground traffic control signal system facilities within the project limits. The repair of the damaged underground traffic control signal system facilities must be in accordance with 2545.3A, 2565.3B and in accordance with RTMC design and construction requirements all to the satisfaction of the Engineer. This work is considered incidental. C. Pole Base Connectors Install pole base connectors in accordance with manufacturer's installation instructions, MnDOT 2565.3J.6, and in accordance with the detail in the Plan. D. Removals When directed by the Engineer, remove, salvage, or dispose of all items of the existing traffic control signal system in accordance with the applicable provisions of MnDOT 2565.3Y; the applicable provisions of MnDOT 2104; and the following: 1. Abandon underground conduit and referenced loop detectors in -place as shown in the plans, unless otherwise directed by the Engineer. 2. Remove existing wire and loop detectors as shown in the plans, unless otherwise directed by the Engineer. 3. Backfill and compact any resulting excavation with like in kind material to approximately the same density as the adjoining ground. All removals of materials of the existing signal system and salvaging as required, the disposal of non - salvable materials, and backfilling, all in accordance with the foregoing, is considered incidental. SS-2.4 MEASUREMENT AND PAYMENT Removing items of the existing traffic control signal system; and furnishing and installing materials and electrical equipment as specified herein, all to provide a complete operating revised signal system at the intersection of Boone Avenue and 361h Avenue in New Hope, Hennepin County, MN as contained in 4-SS SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36TH AVE CITY PROJECT NO.999 193803898 these Special Provisions and in the Plans will be measured as an integral unit complete in place and operating and will be paid for under Item No. 2565.616 (REVISE SIGNAL SYSTEM) at the Contract price per SYSTEM, which price will be compensation in full for all costs incidental thereto. hereto. SS-3 (2565) LOOP DETECTORS This work shall consist of providing, installing, and making operational new loop detectors due to milling and roadway construction in accordance with the applicable provisions of MNDOT 2565; Standard Plate 8132; with the current edition of the National Electrical Code; with the Plans; as directed by the Engineer; and as follows: SS-3.1 GENERAL The locations of the affected loop detectors to be replaced are at the intersection of 42"d Avenue North (CSAH 9) and Boone Avenue North. Actual locations are shown in the Plans. SS-3.2 MATERIALS A. Loop Detector Splices The Contractor shall provide and install loop detector splice encapsulation kits. MNDOT approved Splice Encapsulation Kits are listed on MNDOT's Approved/Qualified Products List for Signals: http://www.dot.state.mn.us/r)roducts/index.html SS-3.3 CONSTRUCTION REQUIREMENTS B. Loop Detector Installation The Contractor shall install loop detectors in accordance with Standard Plate 8132; as marked by the Engineer; and with the applicable provisions of MNDOT 2565.3G. The loop detector roadway conductors and the loop detector lead-in cable conductors shall be properly prepared and cleaned before splicing. Prior to installing the approved loop detector splice kit, the Contractor shall solder the ends of the loop detector lead-in conductors to the roadway loop detector conductors, and shall provide and install an 5-SS SIGNAL REVISION SPECIAL PROVISIONS (November 16, 2017) SAP 182-101-019 BOONE AVE AT 36TH AVE CITY PROJECT NO.999 193803898 appropriate sized wire nut to the soldered ends prior to installation of the splice kit. Splice kits shall be installed in handholes in such a manner as to ensure that each splice kit is suspended and/or secured near the top of the handhole to the satisfaction of the Engineer. Placing splice kits on top of the electrical cables and conductors is NOT acceptable. Loop detectors shall be spliced using an approved splice kit as specified elsewhere in these Special Provisions. Make all loops fully operational within one (1) day after installation. C. Loop Detector Test Report Provide a loop detector test report in accordance with 2565.3G.3 SS-3.4 MEASUREMENTS AND PAYMENTS PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 6' X 6' Providing, installing, testing, and making operational loop detectors as specified herein at the locations indicated in the Plans will each be measured as an integral unit complete in place and operating and will be paid for separately under Item No. 2565.602 (RIGID PVC LOOP DETECTOR 6' X 6') at the Contract price per EACH, which price shall be compensation in full for all costs incidental thereto. This item includes the following: 1. Rigid PVC conduit and conduit fittings for loop detectors. 2. Roadway loop detector conductor. 3. Rigid PVC conduit from loop detector to handhole. 4. Splice in handhole using splice kit as specified herein. 5. Installing loop detector as detailed herein. 6. Loop detector testing and reporting. 6-SS LOOP DETECTOR TEST REPORT STATE PROJECT NO. FEDERAL PROJECT NO. INTERSECTION SYSTEM I.D. LOOP DETECTOR NUMBER DIMENSIONS IN FEET, LENGTH, WIDTH NUMBER OF TURNS IN CONTINUITY OHMS ( ) AT LOOP AT CABINET INDUCTANCE MICROHENRIES INSULATION RESISTANCE MEGOHMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22- 23 24 25 -26 27 28 29 30 31 32 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/01/2018 and the last insertion being on 02/01/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By. % . P*'\oz. Designated Agent Subscribed and sworn to or affirmed before me on 02/01/2018 by Darlene MacPherson. IMI-A Notary Public PAULINE L LEE Notary Public -Minnesota 5 My Commission Expires Jen 31, 2�21 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 778555 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New }cape, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CST, Tuesday, February 27, 2018, at which time they wilt be publicly opened and read aloud for the furnishing of all labor, materials, and all efse necessary for the following: {l18 M59�nf��1[l i4i[OSmo9wemac1b_P[9jNt -_ City Project No. In general, Work consists of a 2" Mill and Overlay rehabilitation and full depth reclamation including spot replacements of sanitary sewer castings and frames, and street improvements. This Project includes 3 alternates which are pedestrian bump -out Improvements at specific crossings along Boons Avenue: Ali. 1 Is located at Boone Circle, All. 2 is located at 34th Avenue and Alt. 3 is located at 28th Avenue. The Project consists of the following approximate quantities for the Base Bid: 1,400 LF Remove and Replace Curb & Gutter 54,000 SY Remove Bituminous Pavement (2" Mill) 2,000 SF Remove and Replace Concrete Walk 26 EA Remove and Replace Casting 1,600 SY Fufl Depth Reclamation 7,300 TN Bituminous Pavement 55 SY 7" Concrete Driveway Pavement 120 SF Truncated Dames 4 EA Install Loop Detectors 1 SYS Signal Revision (Upgrade to Camera Detection) 330 SF Sign Panels - Type C 220 CY Boulevard Topsoil 680 SF Epoxy Pavement Message 4,630 SF Paint Pavement Message The Project consists of the following approximate quantities for the Alternates: 370 SY Remove Bituminous Pavement 30 LF RCP Storm Sewer Pipe 4 EA Storm Sewer Structure 450 LF Remove and Replace Concrete Curb and Gutter 485 SF Remove Bituminous Walk 130 SY Mill Bituminous Surface 1,620 SF Concrete Walk 130 SF Truncated Domes 120 CY Boulevard Topsoil Borrow 850 SY Blanket and Seed 40 TN Class 5 Aggregate Base 125 TN Bituminous Pavement Along with miscellaneous utility improvements, removals, resto- ration, signing, striping and correlated appurtenances. Complete digital Bidding Documents are available at www.quesicdn. com for $20 by inputting QuestCDN eBidDoc #5521029 on the web - site's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (651) 604-4725. 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 Published in the New Hope -Golden Valley Sun Post February 1, 2018 778555 Page 1 of 1 Affidavit of Publication ADVERTISEMENT FOR BIDS (" .led Bids will be received by the of New Hope, Minnesota, in the c ray Hall at 4401 Xylon Avenue North, until 10 A.M., CST, Tuesday, February 27, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2016 MSA Infrastructure Imnrave, ment¢ Prui •t In general, Work consists of a 2" Mill and Overlay rehabilitation and full depth reclamation including spot replacements of sanitary sewer castings and frames, and street improvements. This Project includes 3 alternates which are pedestrian bump -out improvements at specific crossings along Boone Avenue: Alt. 1 is located at Boone Circle, Alt. 2 is located at 34th Avenue and Alt, 3 is located at 28th Avenue. The Project consists of the following approximate quantities for the Base Bid: 1,400 LF Remove and Replace Curb & Gutter 54,000 SY Remove Bituminous Pavement (2" Mill) 2,000 SF Remove and Replace Concrete Walk 26 EA Remove and Replace Casting 1,600 SY Full Depth Reclamation 7,300 TN Bituminous Pavement 55 SY 7" Concrete Driveway Pavement 120 SF Truncated Domes 4 EA Install Loop Detectors 1 SYS Signal Revision (Upgrade to r era Detection) SF Sign Panels - Type C _J CY Boulevard Topsoil 680 SF Epoxy Pavement Message 4,630 SF Paint Pavement Message The Project consists of the following approximate quantities for the Alternates: 370 SY Remove Bituminous Pavement 30 LF RCP Storm Sewer Pipe 4 EA Storm Sewer Structure 450 LF Remove and Replace Concrete Curb and Gutter 485 SF Remove Bituminous Walk 130 SY Mil] Bituminous Surface 1,620 SF Concrete Walk 130 SF Truncated Domes 120 CY Boulevard Topsoil Borrow 850 SY Blanket and Seed 46 TN Class 5 Aggregate Base 125 TN Bituminous Pavement Along with miscellaneous utility improvements, removals, restoration, signing, striping and correlated appurte- nances. Complete digital Bidding Documents are available at www.questedn com for $20 by inputting QuestCDN eBidDoc #5521029 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantee, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhart, • at (651) 604-4725. '3 Security in the amount of 5 ant of the amount of the Bid trust 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 cfNew Hope, Minnesota (Published in Finance and Commerce February 1, 8, 2018) 11480954 STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: MSA Infrastructure Improvements Bill Gaier ' being duly sworn on oath say she/he is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (MN) 222 South 9th St, Suite 2300, Minneapolis, MN 55402 and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statute Section 331A.02.. (B) She/He further states on that the printed Construction 11480954 hereto printed as it was printed and published there in the English language; that it was first so published on February 01, 2018 for 2 time(s): the subsequent dates of publications etng as follows: Thu, February 1, 2018 Thu, February 8, 2018 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: X sbcdefggbijklmnopgrstuvwxyz ab cdefh i j k I mn opgrsluvwx y z Mortgage Foreclosure Notices (effective 7/l/2015). Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Hennepin County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or ). If the newspaper's known office of issue is located in the county adjoining the Co w rC the mortgaged premises or some part of the mortgaged premises described in n e are located, a subsiamial portion of the newspaper's circulation is in th/1a, c ,ty. ` r Subscribe and Sworn to before me this 8th day of February, 2018 (Notarial Seal) ALYSSA ERIN FRIEDRICF NOTARYPUBLIC.M *SOTA My Commission Expires January 31, 2022 RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 cominercial users for comparable space: 2. Maximum rate allowed by law for the above $ 0.44657 matter: 3. Rate actually charged for the above matter: $ 0.4060 Ors Request for Action November 27, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Public Hearing Item Number 7.1 Agenda Title Resolution Ordering the Construction of and Preparation of Plans and Specifications for the 2018 MSA Infrastructure Improvement Project (project no. 999) Requested Action Staff is requesting that the Council receive a presentation by the city engineer regarding a proposed 2018 MSA infrastructure improvement project. Staff recommends that the Council pass a resolution ordering project no. 999 (2018 MSA Infrastructure Improvement Project) and authorizing Stantec, the city's consulting engineer, to prepare the plans and specifications. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city's street infrastructure management strategy has identified areas for maintenance activities in 2018. Background The proposed 2018 infrastructure project was discussed at the Council's March 20 CIP work session, and the preparation of the feasibility report was authorized at the June 26 council meeting. These areas of Boone and 3611 avenues are identified as requiring improvements in the city's pavement management plan. The feasibility report was first presented at the Council's October 23 meeting, and a public hearing was set for November 27. An Open House was held on November 7 to inform interested residents of the project and receive feedback on several trail and pedestrian safety options. The feasibility report identifies the cost of mill and overlaying both of these road segments to extend the life of the current pavement. Neither of these streets have major utility issues and any minor utility issues would be repaired by staff prior to pavement work. The report identifies five areas where pedestrian 'bump -outs' could be installed to increase pedestrian safety while crossing Boone Avenue. The report also identifies the cost of installing an on -street, striped bike path, which would eliminate parking on one side of Boone Avenue, or the cost of installing an off-street, paved bike path. At the open house held on November 7, residents were asked for their opinions regarding the pedestrian bump -outs and the different trail options. Residents at the open house were nearly all in favor of the striped, on -street bike lanes. Residents did not like the idea of the paved off-street trail, as it would affect area trees and resident driveways. Residents also generally liked the idea of the pedestrian bump -outs, but were more in favor of placing them at the 3 busier locations, near the schools and at Northwood Park. Staff agrees with the resident comments and the trail and bump out options can be seen on the attached figure maps. I:\RFA\PU13W0RKS\2017\2017 Work Sessions\11-20-17 pavement management Funding The majority of the project will be funded with MSA funds. The estimated funding for the base project costs (not including alternates for off-street trail, bike lanes or pedestrian bump out improvements) of the 2018 infrastructure improvement project is shown in the table below. Tax-exempt properties in the project area will be assessed (St. Joseph Church, ISD 281 and city -owned properties). Source/ Improvement State Aid Funds/ Street Fund Water Fund Sewer Fund Storm Sewer Fund City of Crystal Assessments Total Street $710,337.46 $100,994.58 $196,302.52 $1,007,634.55 Water Main $17,680.00 $17,680.00 Sanitary Sewer $19,825.00 $19,825.00 Storm Sewer $19,955.00 $19,955.00 Total $710,337.46 $17,680.00 $19,825.00 $19,955.00 $100,994.58 $196,302.52 $1,065,094.55 There are adequate resources in each respective fund to pay for the project. Advance state aid funds will need to be requested upon ordering the project, and it is expected that approximately $1.1 million will be available in 2018. Recommendation After closing the public hearing, staff recommends Council adopt the resolution. Plans will be presented in late January, with contractor bids being received in February and construction starting in spring 2018. Attachments • Resolution • City Engineer's Memorandum • Public Hearing Notice • Appendix B-2 (Proposed Assessments) • Pedestrian Bump Out Location Map • Bike Lane and Trail Options Map • Location Map City of New Hope RESOLUTION NO. 2017-131 RESOLUTION ORDERING CONSTRUCTION OF AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2018 INFRASTRUCTURE IMPROVEMENT PROJECT NO. 999 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Pursuant to Resolution No. 2017-119 adopted at its October 23, 2017, meeting, this Council held a public hearing on the 271h day of November, 2017, at 7:00 p.m. at the New Hope City Hall, 4401 Xylon Avenue North, on the proposed 2018 Infrastructure Improvement Project No. 999 of the City. The public hearing was held after notice of the public hearing was duly published on the 161h and 23`d days of November, 2017 in the City's official newspaper the New Hope -Golden Valley Sun -Post in accordance with and as required by law. 2. The Council has examined and approved the City Clerk's Affidavit of Mailing pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that the notice of said hearing was duly mailed to the owners of each and all parcels within the area proposed to be assessed at least 10 days before the November 27, 2017, public hearing in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard at the November 27, 2017, public hearing with respect to the 2018 Infrastructure Improvement Project No. 999. This Council having considered the views of all persons interested and being fully advised as to the pertinent facts relating to Project No. 999, does hereby determine the improvement is necessary, cost-effective and feasible as detailed in the October 2017 feasibility report prepared by Stantec Consulting Services, Inc., Engineers for the City. Further, the Council hereby determines to proceed with the making of said proposed improvement, and said improvement is hereby ordered as proposed in Resolution No. 2017-119. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining hereto as described in paragraph 1 of this resolution. 5. Stantec Consulting Services, Inc., as the city engineer, shall prepare plans and specifications for the making of the 2018 Infrastructure Improvement Project No. 999. 6. The City Council further determines Improvement Project No. 999 bears no relationship with the City's comprehensive municipal plan and therefore has not referred this project to the New Hope Planning Commission for construction consideration and the City Council further declares, per federal Treasury Regulation § 1.50-2, its official intent to reimburse —1— itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the City Council this 271' day of November, 2017. Kathi H mken, Ma or Attest: "Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-69991 2018 imp proj. 999\Resolution Ordering Construction and prep of plans and specs docx —2— Stantec November 17, 2017 File: 193803898 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 2018 Municipal State Aid (MSA) Infrastructure Improvements - Authorize Preparation of Plans & Specifications City Project No.: 999 Dear Bernie, As identified on the City's Capital Improvement Plan (CIP), mill and overlay street improvements including minimal utility improvements are scheduled for Boone Avenue North and 36th Avenue North. These areas are shown on the attached Figure 1 map, which includes the following streets: • Boone Avenue North - 42nd Avenue North to Medicine Lake Road • 36th Avenue North - Appr. 300' West of Winnetka Avenue North to Louisiana Avenue North To be compliant with Chapter 429 requirements for infrastructure projects, a feasibility report was prepared and presented at the October 23, 2017, Council Meeting. The estimated funding for the base mill and overlay improvements is shown in the table below from the feasibility report. TABLE 8 - FUNDING SOURCE -MILL AND OVERLAY (BASE IMPROVEMENTS) Source/ State Aid Funds/Street Water Sewer Storm Sewer City of Assessments Total Improvement Fund Fund Fund" Fund Crystal *•* Street $710,337.46 $100,994.58 $196,302.52 $1,007,634.55 Water Main $17,680.00 $17,680.00 Sanitary Sewer $19,825.00 $19,825.00 Storm Sewer $19,955.00 $19,955.00 Total $710,337.46 $17,680.00 $19,825.00 $19,955.00 $100,994.58 $196,302.52 $1,065,094.55 * Approximately $1.1 million is anticipated to be available in advance State Aid funding. ** Funding for 1/1 related improvements is estimated at $33,800.00, which can be considered as credit to Metropolitan Council 1/1 Surcharge. ** The City of New Hope Assessment is estimated at $86,381.13, which is included in the total assessment amount of $196,302.52. Design with community in mind November 17, 2017 Mr. Bernie Weber Page 2 of 2 Reference: 2018 Municipal State Aid (MSA) Infrastructure Improvements - Authorize Preparation of Plans & Specifications If Council chooses to move forward with this project, authorization of plans and specifications could be given at the November 27th Council Meeting. Upon authorization, we will also request additional direction from the City Council on the Complete Streets options presented in the feasibility report (see attached Figures 6 and 9). The options shown below could be included in the design for the base mill and overlay improvements, as an alternate to the base improvements, or could not be completed now and could be reconsidered for future improvements. • Designated Bike Lanes on Boone Avenue • Off -Street Shared (pedestrians & bicycles) 10' Bituminous Trail o North Trail (between Northwood Park and 42nd Avenue North o South Trail (between 32nd Avenue North and Medicine Lake Road) • Curb Extension "Bump -outs" o Cooper High School (47th Ave N) o Northwood Park (Boone Cir.) o Sonnesyn Elementary School (34th Ave N) o Hidden Valley Park (33rd Ave N) o Robbinsdale Spanish Immersion Elementary School (28th Ave N) The improvements could be designed in the winter of 2017/2018, and bids could be opened in February of 2017. Construction could be completed during the spring and summer of 2018. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: 2018 MSA Feasibility Report - Figures 1, 6, 9. Cc: Dave Lemke, Shawn Markham, Andrew Kramer, Megan Albert- New Hope; Adam Martinson, Ann Dienhart, Kellie Schlegel - Stantec. Design with community in mind NOTICE OF PUBLIC HEARING ON PROPOSED 2018 INFRASTRUCTURE IMPROVEMENT PROJECT NO. 999 City _of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on November 27, 2017, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 Infrastructure Im rovement Project, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42"d Avenue N to Medicine Lake Road and 36th Avenue N from approximately 300 feet west of Winnetka Avenue N to Louisiana Avenue N. The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 999 (as referenced in Table 7/Figure 20 and Appendix B-2 of Stantec Consulting Services' October 2017 feasibility report) are as follows: Address PID number City of New Hope 18-118-21-34-0082 8816 Northwood Parkway City of New Hope 18-118-21-43-0001 86 Address Unassigned The Church of St. Joseph 19-118-21-21-0057 8701 36th Avenue N. School District No. 281 19-118-21-21-0002 3421 Boone Avenue N. City of New Hope 19-118-21-24-0051 8800 32nd Avenue N. City of New Hope 19-118-21-24-0050 86 Address Unassigned School District No. 281 19-118-21-34-0001 8808 27th Avenue N. - 3. The estimated cost of said improvement is $693,986.80. - 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 16th day of November, 2017. s\ Valerie Leone Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 16th and 23rd days of November, 2017.) P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-69991 2018 imp. proj. 999\public hearing notice - proj. 999.docx Appendix B-2 Preliminary Assessments - Boone Avenue 2018 MSA Infrastructure Improvements November 2017 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1. City of New Hope Non-Residental Mill & Overlay 1,081 $48.19 $52,069.30 8816 Northwood Parkway PID 18-118-21-34-0082 Total Assessment $52,069.30 2. City of New Hope Non-Residental Mill & Overlay 602 $48.19 $29,010.38 86 Address Unassigned PID 18-118-21-43-0001 Total Assessment $29,010.38 3. The Church of St Joseph Non-Residental Mill & Overlay 810 $48.19 $39,033.90 8701 36th Avenue N PID 19-118-21-21-0057 Total Assessment $39,033.90 4. School District No 281 Non-Residental Mill & Overlay 703 $48.19 $33,877.57 3421 Boone Ave N PID 19-118-21-21-0002 Total Assessment $33,877.57 5. City of New Hope Residential Mill & Overlay 82.5 $32.13 $2,650.73 8800 32nd Avenue N PID 19-118-21-24-0051 Total Assessment $2,650.73 6. City of New Hope Residential Mill & Overlay 82.5 $32.13 $2,650.73 86 Address Unassigned PID 19-118-21-24-0050 Total Assessment $2,650.73 7. School District No 281 Non-Residental Mill & Overlay 768 $48.19 $37,009.92 8808 27th Avenue N PID 19-118-21-34-0001 Total Assessment $37,009.92 Total Mill & Overlay Assessment $196,302.52 �GSn OS dY$5P.7 5019,57 47.117AVE N 47TH AVE N 47TH AVEA - - z I rT�� 47TH AVE N f.• ;_• !-•1 > DEL'DR N 47th Ave N: a W 4r,,T.if AVE NOTHAV N z - 46T H A ry I '--J 45 112AVE N Z' z . > 45THAVEY a .w. _ II �`- 45TH AVE N p _ _ _ _ O d} L ix m C7 ¢. n ¢ z > w a• I Fr 4 w ❑ W Q a a ❑ z = L _ 43 D-AVE. a c P a� 42nd AVE N m w f W > j' z w • 41STAVE-N 41STAVC `� + m a z LU r a a 40 1/2 AVE N "• � •'� a 40TH AVE N p 40Tfi AVE N a " w z HOPEWO LN N J �, 1911�'�V N .. _ I O' �S Z` y�� South .of w W. ` , 'ill,}iAVf q'`, w Boope C11 . $��° . ,Q.'• Nr z i a. yam'~ v/ LLJ Q x.. Z Z� o V a N� JCt _ Z� 36,712 a _V w CIR N 3.6t'h 'AVE N •.m w tfILI:SBOftd CT N z > Q. ' _ w x • a 0 3� 1I2:AVF N• 35TH AVE N - . N a �. „�.,,..,■„�.,w,,,,,r„�,,. —•� .,�,..._ _ ..-� cf 35TH AVE z 34 112 AVE N a,< ■ �IINPARK DR ¢ i1 ! x Z - 34TH AVE N 21 N � 34th Aye N z .,, r.—.—.../..�r.ai w 33RD:P�-N+ 1 i 33rd P1 N 33RD AVE N ' Oz NS�CN qVP a `• a •i 32nd AVE N . U, _ rr..�.�. U z w ❑' z M z M ' WIL �....�._.....�.,� w x + I1z 11 -PFNOENC CIF{ N j jjjjjj 31ST AVE 30TH AVE N v• .R�+.r.�.rr..�..�.�+.��..... r.�. �Sth Ave N' 29THAVEN Vlrw IDPed Crossing 1 , j 29THAVE N 29T" AVI EN; '• —Mill & Overlay 287,H AVE N' - ENSIGNAVF•N i _ TERRALINDAD' `2018 Seal Coat and Fog Seal avSJOd 498687 Crystal Figure 9 Sta nteece Pedestrian Crossing Improvement Locationsw.:.::�e;�:x e@�a Plymouth [) oGh1n le Neer Hope, Minnesota °^ .^� 2018 MSA Infrastructure Improvements Feel nnetlW� NiwnnNW��n�.Fnw�wn.�+w z z �' > ¢• a z 4� z E�1G 48TH AVE N 47 7l2RVE N 47TH AVE N .— 1 47THAVE N 46 TH AVE N 46TNAVE , 45TH AVE IN z ¢ ; 44TH CIR INLU J J ¢ 41STAM s A LL 4 0 712'AVE. N - 4V 0 z dig 498687 5714G! z z• 49th AVE - a' 'a S ti d z. z LU 48TH AVE N 48TH.CIR N I. 1 New-Ild.pe = I , I Robbinsdale 477Hayj1. T�nsifldn Center ¢' zLLJ - n > x �� 1 DEL' DR N '- z IL wIlk Q 46 1/2 AVE N', _F w ,g DO _ w 4 46THAVE. N rn X 0 p' �----• -I r 45 1/2 AVE N I w ¢ !I rY O c - llce Station 45TH AVE N_ L 45TIIrF.A1. City HaIICI�y Hall' _ - 43R6,AVE Fife Station And AVE N; RAbbin dale School DIs,281-Admen YJA Offices _ z > ¢ w a W_ z, Z- i w w o a. .. �� -O > AVE N o 39TJ;1 AVE,N• _ . 36th, A ¢ ¢ ii W T 4 Y Crystal 1 ¢ZQ. — ¢ 35 112'AVE N - --- 35THAVE N N 1' NPARK DR w QSorinesyn EkE!l z N IX yR 3 F. w, IX AV m w J z 2•. tu a z - z w, 0 w M w _ 31STAVE OF. z r 'Lf 30TN.AVEN . z j ¢ 797A AVE-N, O O m J li:l�'nr '..I;TI�". 1krr71 'I lllll' ` s ]I 32nd AVE N.,_, y 1 " 29TN AVI= w %nrinrrocc•r r nr z. w . 28TH•AVE N z Schoo' O Golden Valley Ave"? 5 Gryslal Figure 1 2018 Proposed Project Area Plymouth D New Hope, Minnesota 2018 MSA Infrastructure Improvements 11167 W U 12 City Hall Fire Station Police Station s Ow Public Works 7 School Locations 0 Church Parks —Mill & Overlay 505248 Stantec 0 750 1,500 �w� w ^ineco"le+anwlson Feel +.+.samrulr-w.a.. 1:19 LOO Info_ Itloc�menl sre o185.11v. I6\oc'Irve\i0a5o�flea\e6wp=�b\aole_wcabn_mopm.e AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 999 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On November 7, 2017, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 999, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. L� City Clerk Subscribed and sworn to before me this -'Ti"" day of 2017. My commission expires January 31, 2021. . jc� Lta., -aq2-`2==W Notary Public Hennepin County d `4y DAVID E WALKER-CRAWFORD Notary Public State of Minnesota My Commission Expires •; January31,2021 November 7, 2017 The Church of St. Joseph 8701 36th Ave. N. New Hope, MN 55427 Subject: Public Hearing regarding property located at 8701 36th Avenue North Enclosed please find a public hearing notice for November 27 2017 regarding a proposed infrastructure project impacting your property. A map illustrating the proposed project and proposed type of street work is also enclosed. The reasonable estimate of the impact of the assessment is $39,033.90. In the fall of 2018 when the project is substantially complete, the city will mail you an assessment notice outlining the final assessment amount and payment options. I hope you will attend the public hearing to learn more about the proposed project. Sincerely, � Valerie Leone, CMC City Clerk Enc. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 November 7, 2017 Robbinsdale School District 281 4148 Winnetka Avenue North New Hope, MN 55427 Subject: Public Hearing regarding property located at 3421 Boone Avenue North and 8808 2711, Avenue North Enclosed please find a public hearing notice for November 27 2017 regarding a proposed infrastructure project impacting your property. A map illustrating the proposed project and proposed type of street work is also enclosed. The reasonable estimate of the impact of the assessment is $33,877.57 (for 3421 Boone Avenue North) and $37,009.92 (for 8808 27th Avenue North). In the fall of 2018 when the project is substantially complete, the city will mail you an assessment notice outlining the final assessment amount and payment options. I hope you will attend the public hearing to learn more about the proposed project. Sincerely, Valerie Leone, CMC City Clerk Enc. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 554284898 • www. ci.new-hope.mn.us City Hall; 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 . Public Works Fax: 763-592-6776 NOTICE OF PUBLIC HEARING ON PROPOSED 2018 INFRASTRUCTURE IMPROVEMENT PROJECT NO. 999 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on November 27, 2017, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the October 2017 feasibility report entitled 2018 Infrastructure Improvement Project, City Project No. 999, prepared by Stantec Consulting Services, Inc., Engineers for the City, is mill and overlay rehabilitation of approximately 2.3 miles of city streets as hereafter described. Spot repairs including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' October 2017 feasibility report, the streets included in the project are as follows: for Mill and Overlay — Boone Avenue N from 42°d Avenue N to Medicine Lake Road and 36th Avenue N from approximately 300 feet west of Winnetka Avenue N to Louisiana Avenue N. The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 999 (as referenced in Table 7/Figure 20 and Appendix B-2 of Stantec Consulting Services' October 2017 feasibility report) are as follows: Address PID number City of New Hope 18-118-21-34-0082 8816 Northwood Parkway City of New Hope 18-118-21-43-0001 86 Address Unassigned The Church of St. Joseph 19-118-21-21-0057 8701 36th Avenue N. School District No. 281 19-118-21-21-0002 3421 Boone Avenue N. City of New Hope 19-118-21-24-0051 8800 32nd Avenue N. City of New Hope 19-118-21-24-0050 86 Address Unassigned School District No. 281 19-118-21-34-0001 8808 27th Avenue N. 3. The estimated cost of said improvement is $693,986.80. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 16th day of November, 2017. s\ Valerie Leone Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 16th and 23rd days of November, 2017.) P:\Attorney\SAS\l Client Files\2 City of New Hope\99-69991 2018 imp. proj. 999\public hearing notice - proj. 999.doex ■ 45THAVEN`7 z z a_ a' J N ED J W x a 2 ¢� 41STAVE-N x 41STAVI L 40'UAVE H a z HOPM �4.tti OF untm>Isawa ~vy� Z (O 7j r' �• e a C _ a -HII.LSBOR° CT N .� 1a11ryq py 35TH AVE N 35TH AVE N , 34 1Q-AVE N x 34T�kAVEN 1er1a2121W LU _ '4),y�5v4� as 1911021249951 0 FRS H w+uex4en yx LL W 4 � � 318T'AVET 3E CIR N ENSIGN AVE N 36TH AVE N U 29T7i AWN C oENSIGN AVE,N m 19116213400a1 T 45TH AVE N z z z W LU w q Q s Q z g a o a 42nd AVE N m m n i m z ,p11fri11]d101 4oTHAVE N LN N Y1fiSCbiS54NA N x 39TH AVE N qs W 181182143=1 w . Crystal z1 z IBT�r�N 36th AVE N AAVE N w J. 36J12AVE H y•� 1�JJWPARK DR ON AVEhT �[I � � I rr" AVE N f 1 -Y I 3.2nd AVE N it II � "TH AVE N 28TH AVE N 27TH PL N Golden Valley crystq Figure 20 low Ho e Tax Exempt Properties* Plymouth 0 ahbm !e New Hope, Minnesota 2018 MSA Infrastructure Improvements Tax Exempt Properties as of Sept, 2017 43RD AVE 2 . w Q r, z x a R Q K w ¢ x > C 4 � Q W � K d! ° wrH AVE H 0 J. 39 -VA AVE H 99iH Pw� 38TH AVE N � a a x a r If i j y I l = }� 31STAVE � 1 J N ^YIEWCREST LN W 3 'a TERRA LlNDA DR v `u oa I Cf I. x I:Cf —RD Mill & Overlay Tax Exempt Properties soi�•n� Q�` Stantec � �eury is wnM� o � 0 625 1,260 d�.i iog v, ory v mine conieni o inn .vi t 1>,ppp W Srf 11 v.vivaeveciwevivaemevevrmv,.,c.,..r... ............ .... __. 2018 Infrastructure Improvements Project Bulletin www.2018InfrastructureImprovements.wordpress.com August 22, 2017 Residents/Property Owners/Managers: The city of New Hope is currently working to complete a feasibility study for a potential construction project in 2018. The city's pavement management plan identifies Boone Avenue from 42nd and 271" avenues, and 3611, Avenue from Winnetka to Louisiana avenues, as in need of improvements in 2018. The feasibility report will identify the scope and extent of this work. The city will be holding the following meetings for this project, which are open for the public to attend: October 23, 7 PM, New Hope City Hall (4401 Xylon Ave. N.) a Presentation of feasibility report to City Council • November 7, 6-8 PM, New Hope Public Works (5500 International Pkwy.) o Open House - Presentation at 6 PM, and then open for resident questions and comments The proposed improvements are composed primarily of a mill and overlay of the roadway. This process involves removing the top layer of pavement, performing any necessary patching or utility repairs, and then installing a new top layer of pavement. The feasibility study will identify the project scope, estimated budget, potential schedule and funding sources. In addition to the mill and overlay, the feasibility study will explore several options for bikeway and pedestrian improvements. The city's Complete Streets Policy and the 2030 Comprehensive Plan both align with the installation of a bike path or dedicated bike lane on Boone Avenue. Following the feasibility report presentation and open house listed above, the City Council will consider whether to complete bikeway and/or pedestrian improvements. Taxable properties in New Hope will not be assessed for these infrastructure improvements. Only tax-exempt properties in New Hope will be assessed for this work, and these properties will be contacted after the feasibility study is presented to the Council on October 23. Please visit the Project Website at www20181nfrastructurelmproveinents.word12ress.corn. Instructions to sign up for email updates can be found on the website. w-.._........ FiJO01S. n �7' 1[ . �, � .t.ri , ,.... t ill }> ��fk til • .�� r s' r F�...7 7 qJ gib{.i Or 1..W, JA . ?"Cli71i x f3 711 e •unlalVUP F� lr,r Y.Rµ C Ltraz. � E' rtWMl'A 2" MITI end Overlay .. a, rttutann� arooxW� 2018 Street �en1et � I Q� stantec Ptymuu[h c'y`"' Infrastructure Projects ai�1 w"RP New Mope, Minnesota ❑ "' 2016 Pavement Management Plan b [s,OW •••^w seam v+w �n.ur .••r „x„ _ January 8, 2018 Mr. Jordan Kocak Hennepin County Transportation Dept 1600 Prairie Drive Medina, MN 55430 Subject: Agreement No. PW 28-39-17; CP 1720 Boone Ave Bikeway Study (city project 999) Dear Mr. Kocak: Enclosed are two contracts that have been executed by New Hope officials. Please execute both copies; retain one for your files; and return one fully executed c❑ to my attention. Also enclosed are two certified resolutions that were adopted on March 13, 2017. Any questions regarding the project should be directed to Public Works Director Bernie Weber at 763- 592-6772. Thank you. sincerely, L� Z.Pi Valerie Leone, CIVIC City Clerk Enc. cc: Bernie Weber, director of public works Kirk McDonald, city manager CITY OF NEW DOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 HEN NEPIN COUNTY MINNESOTA December 20, 2017 Mr. Bernie Weber Acting Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 COOPERATIVE AGREEMENT AGREEMENT NO. PW 28-39-17; C.P. 1720 BOONE AVENUE BIKEWAY STUDY Dear Mr. Weber, Enclosed are two copies of the cooperative agreement for the above referenced project. Please have all copies of the agreement signed by the appropriate officials and return them to this office. Also, please return two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials, we will send you a fully executed copy of the agreement for your files. If you have any questions concerning the agreement, please call me at (612) 543-3377. Sincerely, Jordan ocak Pedestrian and Bicycle Coordinator encl Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55430 hennepin.us Hennepin - 1. _ . HENNEPIN COUNTY M I N N E S 0 T A March 29, 2018 Mr. Bernie Weber Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Feasibility Study - bikeway Hennepin County Agreement PW 28-39-17 Dear Mr. Weber: Enclosed is one fully executed copy of the above referenced agreement for your files. If you have any questions concerning the agreement, please feel free to contact me at 612-596-0307. Sincerely, 1 Sharon E. Wessel Administrative Secretary Office of the Director /sew Enclosure Hennepin County Public Works - Transportation Project Delivery 1600 Prairie Drive, Minneapolis, MN 55340 612-596-0307 1 hennepin.us [I Agreement No. PW 28-39-17 County Project No. 1720 City of New Hope County of Hennepin COOPERATIVE AGREEMENT FOR COST PARTICIPATION IN FEASABILITY STUDY THIS AGREEMENT, made and entered into this 3 M day of 20 l , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City has requested County participation in the costs to prepare a feasibility study of a bikeway along Boone Avenue between CSAH 70 (Medicine Lake Road) and 49th Avenue North; and WHEREAS, the above mentioned feasibility study has been identified as County Project No. 1720 and shall be hereinafter referred to as the "Boone Avenue Bikeway Study"; and WHEREAS, the City will be responsible for. development of the Boone Avenue Bikeway Study; and WHEREAS, the costs incurred by the City to prepare the Boone Avenue Bikeway Study are eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS, the County desires to participate in the costs to be incurred by the City to prepare the Boone Avenue Bikeway Study; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: The City shall be the lead agency and it or its agents shall be responsible to ensure that all work and services required for the completion of the Boone Avenue Bikeway Study are in accordance with the provisions provided for herein, as well as any and all applicable laws, regulations and guidelines. The City or its agents shall be responsible for the collection of any and all data required to -1- Agreement No. PW 28-39-17 C.P. 1720 complete the Boone Avenue Bikeway Study. It is understood that the County will provide the City with existing pertinent data as may be available. All plans, designs and reports prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer, registered in the State of Minnesota, and said plans, designs and reports shall be certified as required by law. II At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the study process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the Boone Avenue Bikeway Study proposed herein. III The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. IV It is understood and agreed by the City that the Boone Avenue Bikeway Study proposed herein shall be completed within three years from date of agreement execution. Upon completion of the Boone Avenue Bikeway Study the City shall furnish the County with three (3) copies of the completed study. V The County will participate in the costs to prepare the Boone Avenue Bikeway Study as provided herein. The County's cost participation shall be a lump sum amount of Twenty Thousand Dollars and No Cents ($20,000.00). The City understands and agrees that the County's total and only participation in the costs to prepare the Boone Avenue Bikeway Study shall be $20,000.00. Upon completion of the Boone Avenue Bikeway Study the City shall notify the County and submit an invoice for one hundred percent (100%) of the County's share of the costs. Upon review approval of the completed Boone Avenue Bikeway Study by the County Highway Engineer or designated representative, the County shall reimburse the City for its share of the costs. -2- Agreement No. PW 28-39-17 C.P. 1720 Said invoice should include the date of the invoice, the invoice number, the name of the project manager (Mr. Robert Byers, P.E.), project name and county project number (C.P. 1720), contract number and purchase order number. Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices should also be submitted to Mr. Robert Byers, P.E. at robert.byers@hennepin.ys. The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. VI It is understood that the monetary reimbursement to the City provided for herein is for the County's total share of the Boone Avenue Bikeway Study and that nothing herein shall be construed as a commitment by the County to participate in the construction costs of any improvements implemented as a result of the Boone Avenue Bikeway Study. VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City or said city's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. IX It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Agreement No. PW 28-39-17 C.P. 1720 The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. It is further agreed that any and all employees of the City and all other persons engaged by said City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XI Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. XII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XIII The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) -4- \,J�— Agreement No. PW 28-39-17 C.P. 1720 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) CITY OF NEW HOPE By: C4Z C Mayor Date: And: l `� Manager Date: �131, f COUNTY OF HENNEPIN ATTEST: By: By: � . Deer 1 'lerk of the Count) Board qjai of its County Board Date: • Z APPROVED AS TO FORM: By: (NAA12 V-- 6�r� AA' nt County Attorney Date: jCvl'3/l APPROVED AS TO EXECUTION: By: ' lC- As,' nt County Attorney Date: D A D A Assistant County Adii trator, Public Works Date: ,� RECOMMENDED FOR APPROVAL By:. Q —s-E _ Director, Transportation Project Delivery Department Date: J11L. 1 i -5- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) 1. I, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 2. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 3. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO.2017-39 Resolution authorizing an application for a Hennepin County grant through the 2017 Bikeway participation program; and committing to the long-term maintenance of the Boone Avenue bikeway infrastructure 4. I further certify that the affirmative vote on said resolution was 5 ayes, 0 nayes, and 0 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 2nd day of January, 2018. Valerie Leone, City Clerk (Seal) City of New Hope Resolution No. 17 - 39 Resolution authorizing an application for a Hennepin County grant through the 2017 bikeway participation program; and committing to the long-term maintenance of the Boone Avenue bikeway infrastructure. WHEREAS, the city of New Hope's capital improvement program includes a street infrastructure and maintenance projects along Boone Avenue North, between 491h Avenue North and Hennepin County Road No. 70 in 2018; and, WHEREAS, the city of New Hope's 1995 transportation plan, 2030 comprehensive plan and 2011 complete street policy all include a proposed off -road bike path for Boone Avenue North to the south of Hennepin County road No. 9; and, WHEREAS, an on -street bikeway is designated along this section of Boone Avenue North in Hennepin County's bicycle transportation system plan and is adjacent to Hennepin County Road Nos. 9 and 70; and, WHEREAS, designated on -street bike lanes were constructed on the segment of Boone Avenue North to the north of 49th Avenue North in 2013; and, WHEREAS, Hennepin County has solicited Bikeway Participation Program applications for funding assistance through their 2017 capital improvement program; and, WHEREAS, the city of New Hope has submitted an application to Hennepin County for their 2017 bikeway participation program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: 1. That the above recitals are incorporated herein by reference. 2. That the city hereby supports the submittal of a grant application for a Hennepin County grant through the 2017 Bikeway Participation Program. 3. That the city hereby commits to the maintenance activities necessary to perpetuate the bike lanes in a safe, usable and aesthetically acceptable condition. 4. The mayor and city manager (the "officers") are authorized and directed to sign the same on behalf of the city. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of March, 2017. Attest: 9�e&a City Clerk Mayor